Document cortlandcountyny_gov_doc_478203510c

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 thirteen. Dated: July 1, 2016 ---PAGE BREAK--- 2012-2013 Cortland County Legislature From left: Clerk Jeremy Boylan; County Administrator Martin Murphy; County Attorney Edward Purser; Kevin Whitney (LD 13); Amy Cobb (LD Danny Ross (LD 12); Don Spaulding (LD Kathie Arnold (LD 16); Thomas Hartnett (LD Newell Willcox (LD Chairman Michael Park (LD 11); Susan Briggs (LD 14); John Troy (LD1); Sandra Price (LD 19); David Fuller (LD 17); Gordon Wheelock (LD 10); Larry Cornell (LD 18); John Natoli (LD Ray Parker (LD Donald Boyden (LD 15); Anthony Pace (LD Richard Bushnell (LD 5) ---PAGE BREAK--- 2012-2013 Cortland County Legislature District /Name Address Home 1. John Troy 29 Summit Street 753-9508 Cortland, NY 2. Ray Parker 18 Hamlin Street 756-4865 Cortland, NY 3. Amy Cobb 3 Stevenson Street None Cortland, NY 4. Thomas Hartnett 9 Pearl Street 753-1372 Cortland, NY 5. Richard Bushnell 11 Owego Street 756-2682 Cortland, NY 6. Donal Spaulding 33 Charles Street 756-2726 Cortland, NY 7. Tony Pace 93 East Court Street 756-5450 Cortland, NY 8. John Natoli 25 Cedar Street 753-8823 Cortland, NY 9. Newell Willcox 5448 State Rt. [PHONE REDACTED] Homer, NY 10. Gordon Wheelock 11Nixon Ave 749-3169 Homer, NY 11. Michael Park 5164 McDonald Road 749-7522 Homer, NY 12. Danny Ross PO Box [PHONE REDACTED] McGraw, NY 13. Kevin Whitney 1204 Starr Road 423-2073 Cortland, NY 14. Susan Briggs 4032 Kinney Gulf Road 753-6913 Cortland, NY 15. Donnell Boyden 6460 Route 41 749-8709 Homer, NY 16. Kathie Y. Arnold 3175 State Route 13 842-6631 Truxton, NY 17. David Fuller 3590 Taylor Valley Road 863-3682 Cincinnatus, NY 18. George Wagner 3310 Highland Road 849-6671 Marathon, NY 13803 19. Sandy Price 1189 Church Street 835-6711 Cortland, NY ---PAGE BREAK--- LEGISLATIVE COMMITTEES MEMBERS 2012-2013 AG/PLANNING/ENVIRONMENT Danny Ross, Chair Kathie Arnold, Vice Chair Donnell Boyden Tom Hartnett Ray Parker George Wagner Gordon Wheelock BUDGET & FINANCE Anthony Pace, Chair Newell Willcox, Vice Chair Kathie Arnold Susan Briggs Danny Ross Ray Parker Kevin Whitney BUILDINGS & GROUNDS Newell Willcox, Chair Ray Parker, Vice Chair Donnell Boyden Richard Bushnell Tom Hartnett Donal Spaulding Kevin Whitney HEALTH & HUMAN SERVICES Sandy Price, Chair Don Spaulding, Vice Chair Amy Cobb David Fuller John Natoli Tony Pace George Wagner HIGHWAY Dave Fuller, Chair Donnell Boyden, Vice Chair Sandy Price Danny Ross John Troy George Wagner SOLID WASTE John Troy, Chair Newell Willcox, Vice Chair Kathie Arnold David Fuller Gordon Wheelock JUDICIARY & PUBLIC SAFETY Kevin Whitney, Chair Richard Bushnell, Vice Chair Amy Cobb Dave Fuller Donal Spaulding Gordon Wheelock PERSONNEL Tony Pace, Chair Newell Willcox, Vice Chair Richard Bushnell Amy Cobb Tom Hartnett Danny Ross John Troy ---PAGE BREAK--- 1890 HOUSE 37-13 Authorize Agreement - Cortland County (1890 House) 64 AGING 47-13 Amend Budget - Area Agency on Aging (Systems Integration Grant) 74 48-13 Amend Budget - Area Agency on Aging/Nutrition Program (Dishwasher) 75 49-13 Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) 75 86-13 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 113 155-13 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies 176 156-13 Authorize Agreements - Various Agencies/Area Agency on Aging 177 157-13 Accept Bids/Authorize Purchase - Miscellaneous Groceries and Frozen Foods - Area Agency on Aging 178 158-13 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Milk and Dairy Products 178 176-13 Appoint Director, Area Agency on Aging 200 177-13 Create Driver-Per Diem Sub/Area Agency on Aging 201 207-13 Amend Budget - Area Agency on Aging (Health Insurance Information, Assistance and Counseling Program 276 208-13 Amend Budget - Area Agency on Aging/RSVP 276 229-13 Amend Budget - Area Agency on Aging Title IIID Health Program 301 230-13 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Foods 302 256-13 Abolish Create Area Agency on Aging Account Clerk (Full Time)/Account Clerk (Part Time) 329 262-13 Authorize Agreements - Area Agency on Aging - Several Agencies, Departments, Etc. 332 279-13 Authorize Agreement - Area Agency on Aging (Hopko Designs) 347 281-13 Amend Budget - Area Agency on Aging - (Title VII Long Term Care Ombudsman Program) 348 321-13 Accept Bids/Authorize Purchase - Miscellaneous Groceries and Frozen Foods - Area Agency on Aging 385 322-13 Accept Bids/Authorize Purchase - Paper Goods and Maintenance Supplies - Area Agency on Aging 386 62-13 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for the Cortland County Consolidated Agricultural District 81 63-13 Adopt Cortland County Consolidated Agricultural District - Planning Department 82 AIRPORT 8-13 Authorize Hangar Lease - Building MH-2 - Cortland County Airport 8 9-13 Amend Budget/Transfer Funds - Highway Department/Airport 9 288-13 Authorize Easement Across County Property to Install Electric Service 354 80-13 Appoint Director of Real Property Tax Services - Real Property 108 82-13 Appoint Republican Election Commissioner 110 123-13 Appoint Director of Weights and Measures - Weights and Measures 144 153-13 Re-Appoint Members - Cortland County Planning Board 175 154-13 Appoint Member - Cayuga/Cortland Workforce Investment Board - Employment and Training 176 173-13 Appoint Member - Cooperative Extension Board of Directors 193 176-13 Appoint Director, Area Agency on Aging 200 193-13 Establish the Appointment of a Transportation Title VI Officer 212 199-13 Re-Appoint Director of Real Property Re-Appoint Director of Real Property Tax Services - Real Property 261 226-13 Appoint Members/Cortland County Youth Board 300 280-13 Appoint Members Community Services Board - Mental Health 347 323-13 Re-Appoint Member Cortland County Board of Health (Barry Batzing) 387 342-13 2014 Fire Advisory Board Appointment/Reappointment 404 BONDING 2-13 Resolution of the Cortland County Legislature, as the Elected Legislative Body of Cortland County, New York in Accordance with Section 147(F) of the Internal Revenue Code of 1986, as Amended (The "Code"), Approving the Issuance by the Cortland County Development Corporation of up to $25,000,000 Aggregate Principal Amount Tax- Exempt Revenue Bonds (Cortland Regional Medical Center, Inc., Project), Series 2013 3 201-13 Bond Resolution of the City of Cortland, New York, Adopted on July 25, 2013, 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 $1,100,000, and Authorizing the Issuance of Up to $1,100,000 Bonds of Said County to Pay the Cost Thereof 263 AGRICULTURE APPOINTMENTS 2013 RESOLUTION INDEX ---PAGE BREAK--- 202-13 Bond Resolution of the City of Cortland, New York, Adopted on July 25, 2013, 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 $320,000, and Authorizing the Issuance of Up to $320,000 Bonds of Said County to Pay the Cost Thereof 265 203-13 Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, Authorizing the Reconstruction of Improvements to Various Highways in and for the County of Cortland, New York, at a Maximum Estimated Cost of $180,000 and Authorizing the Issuance of Up to $180,000 Bonds of Said County to Pay the cost Thereof 268 BUDGET 6-13 Amend 2013 Budget Amendment - Mental Health/Family Counseling (OASAS) 6 7-13 Authorize Contract/Amend 2013 Budget - Mental Health/Seven Valley CASA 7 9-13 Amend Budget/Transfer Funds - Highway Department/Airport 9 13-13 Transfer Ownership of Vehicles/Amend Budget - Highway Department 12 14-13 Re-appropriate Funds/Amend 2013 Budget - Tobacco Asset Securitization Corporation Funds - County Legislature 13 21-13 Amend 2013 Budget - Federal Section 5311 Capital Replacement Needs - Consolidated Operating and Capital Grant for 2011 and 2012 - Cortland County Planning Department 54 47-13 Amend Budget - Area Agency on Aging (Systems Integration Grant) 74 48-13 Amend Budget - Area Agency on Aging/Nutrition Program (Dishwasher) 75 49-13 Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) 75 52-13 Authorize Agreement/Accept Funds - Health Department/Environmental Health - Rabies Program 77 53-13 Accept Funds - Health Department/Jacobus Center for Reproductive Health (Family Planning Program) 77 54-13 Accept Funds - Health Department/Children with Special Health Care Needs Program) 78 55-13 Accept Funds - Health Department/Immunization (Immunization Program) 78 56-13 Accept Funds - Health Department/Lead Poisoning (Lead Poisoning Prevention Program) 79 57-13 Accept Funds - Health Department/ATUPA (Tobacco Enforcement Program) 79 58-13 Accept Funds - Health Department/Tobacco (Tobacco Use Prevention Program) 80 59-13 Accept Funds/Amend 2013 Budget - Authorize Expense Account - Catholic Charities HCCA - Mental Health 80 64-13 Authorize Grant Application/Authorize Agreements - New York State Department of Transportation (NYSDOT) Section 5316 - Job Access and Reverse Commute (JARC) Cortland County Planning Department 83 65-13 Authorize Grant Application/Authorize Agreements Section 5317 - New Freedom (NF) Cortland County Planning Department 83 66-13 Authorize Grant Application - Cortland County Snowmobile Trail Development and Maintenance 2013-2014 - Planning Department 84 68-13 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2013-2014 - Planning Department 85 74-13 Amend 2013 Budget - Sheriff's Department (Motor Vehicle Equipment) 89 75-13 Amend 2012 Budget/Transfer Funds to 2013 Budget - Sheriff's Department - E911 (Computer Software) 89 84-13 Authorize Agreement - Health Department/Children with Special Needs Program (EI Escrow Agreement) 111 86-13 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 113 87-13 Authorize Agreement - Health Department/Children with Special Needs Program (EI Provider Agreement) 114 88-13 Approve Supplemental Agreement for Engineering Design and Award Bridge Replacement Contract Cheningo Road Bridge Replacement (PIN 3755.15)/Highway 114 89-13 Authorize Agreement - Dwyer Park - 2013 Celtic Festival - Highway Department 116 90-13 Authorize Amnesty Week - Highway Department/Landfill 117 91-13 Authorize Contract/Cortland Electronics - Cortland County Legislature 117 92-13 Authorize Contract/IQM2 - Cortland County Legislature 118 93-13 Amend 2013 Budget - New York State Department of Transportation - State Operating Assistance (STOA) - Planning Department 119 94-13 Amend 2013 Budget - No-Cost Time Extension of Local/Miscellaneous Contract - Section 5316 - Job Access and Reverse Commute (JARC) - Section 5317 - New Freedom (NF) - Cortland County Planning Department 119 95-13 Amend 2013 Budget - Professional Services/STOA CAP Project Offset - Cortland County Planning Department 120 97-13 Accept Funds/Amend Budget - Sheriff's Department (Medical Expenses) 122 98-13 Amend 2013 Budget - Sheriff Supporting Services - Jail 122 100-13 Amend Agreement - JCM Architectural Associates - Window & Door Replacement, Security Implementation - Buildings and Grounds 123 101-13 Amend Budget/Authorize Purchase of Skid Steer Loader - Tracey Road Equipment, Inc. - Buildings and Grounds 124 104-13 Amend 2013 Budget - County Administration/Occupancy Tax Audit 125 159-13 Budget Modification to Meet NYS Criminal Procedure Law Responsibilities 179 161-13 Budget Modification - Create Revenue and Expense Accounts for Medications 181 172-13 Authorize Agreement/Amend Budget - Chamber of Commerce 192 174-13 Amend Budget/County Administration (NY Jets) 193 ---PAGE BREAK--- 27-13 Authorize Agreement - 6th Judicial Court District (Court Cleaning and Minor Repairs) - Buildings & Grounds Department 59 76-13 Adopt Building Use Policy (County Auditorium) Buildings and Grounds 90 100-13 Amend Agreement - JCM Architectural Associates - Window & Door Replacement, Security Implementation - Buildings and Grounds 123 101-13 Amend Budget/Authorize Purchase of Skid Steer Loader - Tracey Road Equipment, Inc. - Buildings and Grounds 124 124-13 Renew Agreement - Buildings and Grounds (Simplex/Grinnell) 145 125-13 Renew Agreement - Hess Corporation (Various Locations) 145 171-13 Reject Bids for the Gym - Window Replacement and Window/Door Replacement - 37 Church Street (Buildings and Grounds 191 219-13 Accept Proposal/Authorize Agreement - Amend 2013 Budget - Buildings and Grounds - First Choice Asphalt, Sealing, Paving and Concrete 288 220-13 Authorize Agreement - Schindler Elevator Corporation - Elevator Service - Buildings and Grounds Department 289 221-13 Accept Proposal/Authorize Agreement - Participate in National Grid Small Business Program - Buildings and Grounds Department 289 246-13 Accept Proposal/Authorize Buildings and Grounds - Ehrlich Pest Control 320 273-13 Accept Proposal/Authorize Agreement - J.D. Ferro Roofing - Buildidngs and Grounds 341 274-13 Renew Agreement - Waste Management of New York, LLC - Buildings and Grounds 342 275-13 Accept Bids, Authorize Agreement, Amend 2013 Budget - Window Replacement and Window/Door Replacement - 342 346-13 Authorize Agreement Buildings and Grounds (6th Judicial Court District) 408 347-13 Authorize Agreement - Air Monitoring Services Door and Window Project - Buildings and Grounds 409 348-13 Amend Budget/Re-Appropriate Funds (Buildings and Grounds) 409 349-13 Amend Budget/Re-Appropriate Funds (Buildings and Grounds) 410 CERTIORARI PROCEEDINGS 30-13 Authorize Intermunicipal Agreement for Shared Litigation Expenses Certiorari Proceedings in the Town of Homer 60 172-13 Authorize Agreement/Amend Budget - Chamber of Commerce 192 73-13 Authorize 2013 Contract Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Center) 88 198-13 Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU with Upstate CARE 260 317-13 Authorize Contract - Cortland County District Attorney (Office of Children and Family Services/Child Advocacy Center) 382 61-13 Re-Appropriate Funds/Amend 2013 Budget - Printing of Legislative Journals - County Legislature 81 CNY LIVING HISTORY CENTER 43-13 Authorize Agreement - Cortland County - (CNY Living History Center) 67 42-13 Authorize Agreement - Cortland County Convention and Visitors Bureau for Provision of Public Benefits Services for Promotion and Publicity 66 306-13 Designate Tourism Promotion Agency - Cortland County Convention and Visitors Bureau 369 40-13 Authorize Agreement - Cortland County (Cornell Cooperative Extension) 65 173-13 Appoint Member - Cooperative Extension Board of Directors 193 121-13 Authorize Agreement - Autopsy Services - Lourdes Hospital - County Coroner 142 217-13 Amend Budget/County Coroner 287 301-13 Authorize Agreements - County Coroners/Various Physicians 364 98-13 Amend 2013 Budget - Sheriff Supporting Services - Jail 122 CHAMBER OF COMMERCE CHILD ADVOCACY PROGRAM CORNELL COOPERATIVE EXTENSION CORONER CORRECTIONS CORTLAND COUNTY DEVELOPMENT CORPORATION BUILDINGS AND GROUNDS CLERK OF THE LEGISLATURE CONVENTION AND VISITORS BUREAU ---PAGE BREAK--- 2-13 Resolution of the Cortland County Legislature, as the Elected Legislative Body of Cortland County, New York in Accordance with Section 147(F) of the Internal Revenue Code of 1986, as Amended (The "Code"), Approving the Issuance by the Cortland County Development Corporation of up to $25,000,000 Aggregate Principal Amount Tax- Exempt Revenue Bonds (Cortland Regional Medical Center, Inc., Project), Series 2013 3 174-13 Amend Budget/County Administration (NY Jets) 193 223-13 Abolish/Create Fiscal Officer/Principal Account Clerk - County Administration 291 235-13 Authorize Agreement - Department of Social Services Contract - Attorney 306 309-13 Amend 2013 Budget - County Attorney Assigned Counsel/Professional Services 371 32-13 Petition NYS Governor and State Representatives - Local Government Records Improvement Management Funds - Authorization of Application Process and Termination of Seizure of Funds 61 196-13 Shredding Contract - County Clerk/Records Management Officer - CINTAS Document Management 215 271-13 Amend Budget - County Clerk - Miscellaneous Support Services 340 COURTS 27-13 Authorize Agreement - 6th Judicial Court District (Court Cleaning and Minor Repairs) - Buildings & Grounds Department 59 81-13 Abolish/Create - District Attorney - Assistant District Attorney (3/4 time)/Assistant District Attorney (full time) 110 122-13 Abolish/Create - Keyboard Specialist/Paralegal - District Attorney 143 198-13 Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU with Upstate CARE 260 315-13 Authorize Intra-Office Agreement - Cortland County District Attorney (Child Advocacy Program) Establish Rent/Location 407 317-13 Authorize Contract - Cortland County District Attorney (Office of Children and Family Services/Child Advocacy Center) 382 89-13 Authorize Agreement - Dwyer Park - 2013 Celtic Festival - Highway Department 116 E-911 69-13 Authorizing a Home Rule Request for Special Legislation to Provide for Implementation of an Additional 86 70-13 Authorizing a Home Rule Request for Special Legislation to Increase the Wireless Surcharge for Cortland County 86 71-13 Requesting that the State of New York Appropriately Disburse the Statewide Wireless 911 Cellular Surcharge 87 72-13 Authorize Contract Amendment - Motorola Radio Upgrade to allow for AES National Interoperability Channels to all Tower Sites 88 75-13 Amend 2012 Budget/Transfer Funds to 2013 Budget - Sheriff's Department - E911 (Computer Software) 89 272-13 Amend Budget - Emergency Response & Communications - Utilities 340 303-13 Authorize Agreement - Interoperable Communications Audit/Bonadio Group 366 82-13 Appoint Republican Election Commissioner 110 192-13 Accept Bids/Authorize Contract - Phoenix Graphics - Board of Elections 211 ETHICS 3-13 Appointing Members to the Cortland County Board of Ethics 5 23-13 Authorize Certain of the Department of Emergency Response and Communications - Transfer Cortland County Emergency Communications Center and Various Personnel 56 25-13 Adopt Proposed Local Law for the Year 2013 - A Local Law Establishing the Position of Director of Emergency Response and Communications 57 46-13 Appoint County Fire Coordinator - Emergency Response and Communications 74 72-13 Authorize Contract Amendment - Motorola Radio Upgrade to allow for AES National Interoperability Channels to all Tower Sites 88 240-13 Authorize Agreement NYSEG Emergency Response and Communications 314 299-13 Abolish Communications Advisory Board - Department of Emergency Communications 362 COUNTY ADMINISTRATOR COUNTY ATTORNEY COUNTY CLERK DWYER MEMORIAL PARK EICS (Emergency Interoperable Communication System) DISTRICT ATTORNEY EMERGENCY RESPONSE AND COMMUNICATIONS (ALSO SEE FIRE AND EMERGENCY MANAGEMENT) ELECTIONS ---PAGE BREAK--- 300-13 UHF Paging Base for Emergency Responders 363 343-13 Accept Grant Award - 2012 LEMPG Emergency Response and Communications State of New York - FFY 2012 LEMPG 405 344-13 Amend 2013 Budget - Carryover to 2014 Budget - Emergency Response 406 50-13 Authorize Agreement - Maintenance & Supplies - Employment and Training 76 130-13 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2013-2014 for the Workforce Investment Act Title I-B and Wagner Peyser Programs 153 131-13 Authorize Agreement - Employment and Training Department - Cayuga-Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties 154 154-13 Appoint Member - Cayuga/Cortland Workforce Investment Board - Employment and Training 176 ENVIRONMENTAL IMPACAT STATEMENT (SEQR) 16-13 Resolution Making a Declaration of Inadequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm 51 FEDERATION OF SPORTSMEN 39-13 Authorize Agreement - Cortland County (Federation of Sportsmen 65 24-13 Abolish Fire and Emergency Management Department 56 72-13 Authorize Contract Amendment - Motorola Radio Upgrade to allow for AES National Interoperability Channels to all Tower Sites 88 10-13 Authorize Highway Equipment - Two Pickup Trucks - Highway Department 10 11-13 Approval to Purchase Road Salt - State of New York Office of General Services - Highway Department 10 12-13 Approve Contract for Engineering - Truxton-Tully Road - Highway Department 11 88-13 Approve Supplemental Agreement for Engineering Design and Award Bridge Replacement Contract Cheningo Road Bridge Replacement (PIN 3755.15)/Highway 114 89-13 Authorize Agreement - Dwyer Park - 2013 Celtic Festival - Highway Department 116 90-13 Authorize Amnesty Week - Highway Department/Landfill 117 110-13 Award Highway Construction Contract for Prestressed Concrete Superstrucure for Chenino-Solon Pond Road (C.R. 155) - Highway Department 131 111-13 Award/Extend Bids - Various Materials - Highway Department 131 112-13 Award Bids - Various Materials - Highway Department 132 113-13 Transfer Funds/Establish Project - Highway Department 133 114-13 Amend Budget/Transfer Funds - CHIPS Capital - Highway Department 134 115-13 Award Highway Construction Contract for Telephone Road Extension over Otselic River Bridge Rehabilitation in the Town of Cincinnatus BIN 1061180 Highway Department 134 116-13 Award Household Hazardous Waste Contract - Clean Venture, Inc. - Highway Department/Landfill 135 135-13 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) - Cortland County Airport - Chase Field - Highway Department 156 136-13 Transfer Funds/Various Highway Projects - Highway Department 157 137-13 Award Highway Construction Contract for Replacement of a Large Culvert on Willow Crossing Road in the Town of Harford C.I.N. 129-0378-21.50 - Highway Department 158 138-13 Authorize Rental Contract/Agricultural Corporation - Highway Department 159 139-13 Authorize Issuance of a Theatrical Production and Custodial License - Highway Department, Dwyer Park (Cortland Reperatory Theatre) 160 140-13 Set Amount of Petty Cash Fund - Rescind Resolution 419-03 - Highway Department/Soid Waste 160 164-13 Award Bid for Supply of Bridge Rail, Transition Rail and Guide Rail Materials - Highway Department 183 165-13 Award Scrap Tire Removal and Recycling Agreement - Highway/Solid Waste Division 184 166-13 Establish Landfill Capping Project Approve Professional Services - Amend 2013 Budget/Transfer Funds - Solid 185 181-13 Grant Utility Easement to NYSEG - Highway Department 203 182-13 Amend Budget/Transfer Funds - Highway Department 203 183-13 Authorize Agreement/Highway Department Town of Cuyler (Snow & Ice County Roads) 204 184-13 Authorize Agreement/Highway Department - Town of Harford (Snow and Ice - County Roads) 205 185-13 Authorize Agreement/Highway Department - Town of Preble (Snow and Ice - County Roads) 206 186-13 Authorize Agreement/Highway Department - Town of Scott (Snow and Ice Contracts) 206 187-13 Transfer Funds/Highway Maintenance - Highway Deparatment 207 188-13 Award Highway Bid - Metal Object Removal - Highway Department/Solid Waste 208 189-13 Transfer Property Between Land Essential, Inc. and Cortland County Highway Department 209 190-13 Authorize Agreement/Vehicle Inspection Service 209 HIGHWAY EMPLOYMENT AND TRAINING / GRANT ADMINISTRATION FIRE AND EMERGENCY MANAGEMENT (ALSO SEE EMERGENCY RESPONSE AND COMMUNICATIONS) HEALTH DEPARTMENT (see PUBLIC HEALTH) ---PAGE BREAK--- 191-13 Approve Agreement for Engineering - Truxton-Tully Road/Highway Department 210 214-13 Transfer Funds/Amend Budget - Highway Department 280 215-13 Resolution to Approve Project, Authorize Acceptance of Grants from Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Award Bids, Authorize Construction and Construction Inspection Contracts, Authorize Material Purchases and Construction by County Forces Snow Removal Equipment Building Construction Project - Cortland County Airport/Highway Department 281 225-13 Resolution to Approve Project, Authorize Acceptance of Grants From FAA and NYSDOT, Authorize Construction and Engineering Contracts - Runway Grooving and Re-Marking Project - Cortland County Airport/Highway Department 295 227-13 Authorize Easement Across County Property to Construct a Gas Pipeline (Airport) 300 236-13 Authorize Exemption from Tipping Fees - River Clean-Up - Highway/Solid Waste Division 307 237-13 Transfer Station Project/Approve Professional Services/Amend 2013 Budget/Transfer Funds 308 265-13 Transfer Funds/Highway Projects - Highway Department 334 266-13 Transfer Funds/Highway Project - Highway Department 335 267-13 Resolution Amending Resolution 226-11 - Obstruction Removal Cortland County Airport/Highway Department 336 288-13 Authorize Easement Across County Property to Install Electric Service 354 289-13 Authorizing Legal Counsel for Cortland County and the Cortland County Legislature to Complete Eminent Domain 354 290-13 Award Highway Fuel System Service Agreement - Highway Department 355 291-13 Authorize Extension of State Snow and Ice Control Agreement - Highway Department 356 292-13 Resolution Authorizing the Filing of an Application for State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State - Highway Department/Landfill 357 293-13 Authorize Agreement/Leachate Testing Highway Department/Landfill 358 294-13 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 358 295-13 Award Contract Lease of County Recycling Material Baler Recycling Center/Highway Department 359 325-13 Award Highway Equipment Snow Plow Equipment/Dump Trucks Highway Department 388 326-13 Approve Right-of-Way Purchase - Little York Dam Project - Highway Department 389 327-13 SEQR Determination Project to Replace the Little York Lake Dam - Cortland County Highway Department 390 328-13 Authorize Agreement/MSHA Annual Refresher Training - Highway Department 391 329-13 Transfer Funds/Highway Projects Year End - Highway Department 391 330-13 Resolution Rejecting TCI's Offer to Lease Landfill Property, and Terminating the SEQR Review Process 393 331-13 Regarding the Proposed Transfer Station and Potential Long-Term Solid Waste Partnership Agreement with 394 36-13 Authorize Agreement - Cortland County - Cortland County Historical Society 64 69-13 Authorizing a Home Rule Request for Special Legislation to Provide for Implementation of an Additional Telephone Surcharge for Cortland County 86 70-13 Authorizing a Home Rule Request for Special Legislation to Increase the Wireless Surcharge for Cortland County 86 28-13 Authorize Agreement - Information Technology (All-Mode Communications, Inc.) 59 29-13 Authorize Maintenance Agreement - Information Technology (All-Mode Communications, Inc.) 60 102-13 Lease Agreement - Information Technology (Toshiba Business Solutions Copier Lease Agreement) 125 126-13 Authorize Agreement - Information Technology (Folder/Sealer Machine) 146 144-13 Accept Grant/Amend Budget - Information Technology - (Statewide Interoperable Communications Grant Program) 164 216-13 Accept Proposals/Authorize Purchase of Professional Services to Convert Cortland County's Tax Maps from AutoCAD Version 3D 2008 to ESRI ArcGIS 10.2.x to be Used in the Countywide G.I.S. System - Information Technology 285 222-13 Authorize Agreement - Information Technology - Advizex Technologies, LLC 290 304-13 Adopt Policy - Cortland County Policies and Procedures for Grant Administration - Information Technology 366 308-13 Authorize Agreement (MUNIS) Information Technology 370 338-13 Authorize Agreement - Information Technology - (Town of Cortlandville - Exchange of Services) 402 350-13 Authorize Contract - Information Technology Support Services 2013 (Town of Cortlandville) 410 351-13 Authorize Contract - Information Technology Support Services 2014 (Town of Cortlandville) 411 333-13 Revise Self Insurance Rates - Cortland County Employee's Health Benefits Program 396 HISTORICAL SOCIETY HISTORIAN HOME RULE INFORMATION TECHNOLOGY INSURANCE ---PAGE BREAK--- 1-13 Authorize Agreement - Real Property Tax Services - OCE Scanner/Printer 1 2-13 Resolution of the Cortland County Legislature, as the Elected Legislative Body of Cortland County, New York in Accordance with Section 147(F) of the Internal Revenue Code of 1986, as Amended (The "Code"), Approving the Issuance by the Cortland County Development Corporation of up to $25,000,000 Aggregate Principal Amount Tax- Exempt Revenue Bonds (Cortland Regional Medical Center, Inc., Project), Series 2013 3 3-13 Appointing Members to the Cortland County Board of Ethics 5 4-13 Authorize Agreement - Health Department/Hospice (Auditor) 5 5-13 Authorize Agreement/Accept Funds - Breast & Cervical Cancer Early Detection Program - Health Department/Administration/Special Programs 6 6-13 Amend 2013 Budget Amendment - Mental Health/Family Counseling (OASAS) 6 7-13 Authorize Contract/Amend 2013 Budget - Mental Health/Seven Valley CASA 7 8-13 Authorize Hangar Lease - Building MH-2 - Cortland County Airport 8 9-13 Amend Budget/Transfer Funds - Highway Department/Airport 9 10-13 Authorize Highway Equipment - Two Pickup Trucks - Highway Department 10 11-13 Approval to Purchase Road Salt - State of New York Office of General Services - Highway Department 10 12-13 Approve Contract for Engineering - Truxton-Tully Road - Highway Department 11 13-13 Transfer Ownership of Vehicles/Amend Budget - Highway Department 12 14-13 Re-appropriate Funds/Amend 2013 Budget - Tobacco Asset Securitization Corporation Funds - County Legislature 13 15-13 Deferred Compensation Committee Resolution to Amend and Restate Model Plan 13 16-13 Resolution Making a Declaration of Inadequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm 51 17-13 Requesting Air Energy TCI, Inc., to Submit Any Applications for Permits or Approvals to Towns Sited for the Crown City Wind Energy Project 52 18-13 Authorize 2013 Agreement/Planning Department - CNY Regional Planning and Development Board 53 19-13 Authorize Agreement/Planning Department - Southern Tier East Regional Planning Development Board 53 20-13 Authorize 2013 Agreement - James W. Sewall Company and Cortland County Planning Department 53 21-13 Amend 2013 Budget - Federal Section 5311 Capital Replacement Needs - Consolidated Operating and Capital Grant for 2011 and 2012 - Cortland County Planning Department 54 22-13 Authorize Agreement/Purchase - Protective Equipment (Town of Cortlandville) County Sheriff 55 23-13 Authorize Certain of the Department of Emergency Response and Communications - Transfer Cortland County Emergency Communications Center and Various Personnel 56 24-13 Abolish Fire and Emergency Management Department 56 25-13 Adopt Proposed Local Law for the Year 2013 - A Local Law Establishing the Position of Director of Emergency Response and Communications 57 26-13 Abolish/Create - Public Defender's Office - Secretary I and Secretary II/Paralegal 58 27-13 Authorize Agreement - 6th Judicial Court District (Court Cleaning and Minor Repairs) - Buildings & Grounds Department 59 28-13 Authorize Agreement - Information Technology (All-Mode Communications, Inc.) 59 29-13 Authorize Maintenance Agreement - Information Technology (All-Mode Communications, Inc.) 60 30-13 Authorize Intermunicipal Agreement for Shared Litigation Expenses Certiorari Proceedings in the Town of Homer 60 31-13 Resolution Creating Tax Bill for Auctioned Property - County Treasurer 61 32-13 Petition NYS Governor and State Representatives - Local Government Records Improvement Management Funds - Authorization of Application Process and Termination of Seizure of Funds 61 33-13 Authorize Payment - Tompkins Cortland Community College (Operating Budget 2012-2013) 62 34-13 Authorize Payment - Cortland County - (Cortland County Soil and Water Conservation District) 63 35-13 Authorize Payment - Finger Lakes Library Association 63 36-13 Authorize Agreement - Cortland County - Cortland County Historical Society 64 37-13 Authorize Agreement - Cortland County (1890 House) 64 38-13 Authorize Agreement - Lime Hollow Nature Center 64 39-13 Authorize Agreement - Cortland County (Federation of Sportsmen) 65 40-13 Authorize Agreement - Cortland County (Cornell Cooperative Extension) 65 41-13 Authorize Agreement - Cortland County SPCA 66 42-13 Authorize Agreement - Cortland County Convention and Visitors Bureau for Provision of Public Benefits Services for Promotion and Publicity 66 43-13 Authorize Agreement - Cortland County - (CNY Living History Center) 67 44-13 Appoint Director of Emergency Response and Communicatins- Cortland County Emergency Response and Communications Department 69 45-13 Calling for the Repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 ("NY SAFE Act") 71 LEGISLATURE JAIL (see CORRECTIONS) LANDFILL (see SOLID WASTE) ---PAGE BREAK--- 46-13 Appoint County Fire Coordinator - Emergency Response and Communications 74 47-13 Amend Budget - Area Agency on Aging (Systems Integration Grant) 74 48-13 Amend Budget - Area Agency on Aging/Nutrition Program (Dishwasher) 75 49-13 Authorize Agreements - Area Agency on Aging (Several Agencies, Departments, Etc.) 75 50-13 Authorize Agreement - Maintenance & Supplies - Employment and Training 76 51-13 Authorize Agreement - Health Department/Health Education (Cancer Services Program of Cortland and Tompkins County) 76 52-13 Authorize Agreement/Accept Funds - Health Department/Environmental Health - Rabies Program 77 53-13 Accept Funds - Health Department/Jacobus Center for Reproductive Health (Family Planning Program) 77 54-13 Accept Funds - Health Department/Children with Special Health Care Needs Program) 78 55-13 Accept Funds - Health Department/Immunization (Immunization Program) 78 56-13 Accept Funds - Health Department/Lead Poisoning (Lead Poisoning Prevention Program) 79 57-13 Accept Funds - Health Department/ATUPA (Tobacco Enforcement Program) 79 58-13 Accept Funds - Health Department/Tobacco (Tobacco Use Prevention Program) 80 59-13 Accept Funds/Amend 2013 Budget - Authorize Expense Account - Catholic Charities HCCA - Mental Health 80 60-13 Authorize Agreement - Department of Social Services (Office of Children and Family Services) 81 61-13 Re-Appropriate Funds/Amend 2013 Budget - Printing of Legislative Journals - County Legislature 81 62-13 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for the Cortland County Consolidated Agricultural District 81 63-13 Adopt Cortland County Consolidated Agricultural District - Planning Department 82 64-13 Authorize Grant Application/Authorize Agreements - New York State Department of Transportation (NYSDOT) Section 5316 - Job Access and Reverse Commute (JARC) Cortland County Planning Department 83 65-13 Authorize Grant Application/Authorize Agreements Section 5317 - New Freedom (NF) Cortland County Planning Department 83 66-13 Authorize Grant Application - Cortland County Snowmobile Trail Development and Maintenance 2013-2014 - Planning Department 84 67-13 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for the 85 68-13 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2013-2014 - Planning Department 85 69-13 Authorizing a Home Rule Request for Special Legislation to Provide for Implementation of an Additional 86 70-13 Authorizing a Home Rule Request for Special Legislation to Increase the Wireless Surcharge for Cortland County 86 71-13 Requesting that the State of New York Appropriately Disburse the Statewide Wireless 911 Cellular Surcharge 87 72-13 Authorize Contract Amendment - Motorola Radio Upgrade to allow for AES National Interoperability Channels to all Tower Sites 88 73-13 Authorize 2013 Contract Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Center) 88 74-13 Amend 2013 Budget - Sheriff's Department (Motor Vehicle Equipment) 89 75-13 Amend 2012 Budget/Transfer Funds to 2013 Budget - Sheriff's Department - E911 (Computer Software) 89 76-13 Adopt Building Use Policy (County Auditorium) Buildings and Grounds 90 77-13 Adopt Hazardous Communication Policy - Cortland County Safety Office 95 78-13 Adopt Lock Out/Tag Out Policy - Cortland County Safety Office 100 79-13 Authorize Payment - Surplus Sales Tax - Treasurer's Office 107 80-13 Appoint Director of Real Property Tax Services - Real Property 108 81-13 Abolish/Create - District Attorney - Assistant District Attorney (3/4 time)/Assistant District Attorney (full time) 110 82-13 Appoint Republican Election Commissioner 110 83-13 Resolution Declaring the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm to be Adequate for Public Review 111 84-13 Authorize Agreement - Health Department/Children with Special Needs Program (EI Escrow Agreement) 111 85-13 Resolution Endorsing Health Economics Group's/Dentemax Dental Benefit Card - Cortland County Legislature 112 86-13 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 113 87-13 Authorize Agreement - Health Department/Children with Special Needs Program (EI Provider Agreement) 114 88-13 Approve Supplemental Agreement for Engineering Design and Award Bridge Replacement Contract Cheningo Road Bridge Replacement (PIN 3755.15)/Highway 114 89-13 Authorize Agreement - Dwyer Park - 2013 Celtic Festival - Highway Department 116 90-13 Authorize Amnesty Week - Highway Department/Landfill 117 91-13 Authorize Contract/Cortland Electronics - Cortland County Legislature 117 92-13 Authorize Contract/IQM2 - Cortland County Legislature 118 93-13 Amend 2013 Budget - New York State Department of Transportation - State Operating Assistance (STOA) - Planning Department 119 94-13 Amend 2013 Budget - No-Cost Time Extension of Local/Miscellaneous Contract - Section 5316 - Job Access and Reverse Commute (JARC) - Section 5317 - New Freedom (NF) - Cortland County Planning Department 119 95-13 Amend 2013 Budget - Professional Services/STOA CAP Project Offset - Cortland County Planning Department 120 96-13 Authorize Assigning City of Cortland House Numbers - Cortland County Planning Department 121 97-13 Accept Funds/Amend Budget - Sheriff's Department (Medical Expenses) 122 98-13 Amend 2013 Budget - Sheriff Supporting Services - Jail 122 ---PAGE BREAK--- 99-13 Accept Proposal/Authorize Agreement - Participate in National Grid Small Business Program - Buildings and Grounds Department 123 100-13 Amend Agreement - JCM Architectural Associates - Window & Door Replacement, Security Implementation - Buildings and Grounds 123 101-13 Amend Budget/Authorize Purchase of Skid Steer Loader - Tracey Road Equipment, Inc. - Buildings and Grounds 124 102-13 Lease Agreement - Information Technology (Toshiba Business Solutions Copier Lease Agreement) 125 103-13 Authorize Contract Renewal - Service Contract for RS6000 - Sheriff's Messaging Server (System Maintenance Services) 125 104-13 Amend 2013 Budget - County Administration/Occupancy Tax Audit 125 105-13 Abolish/Create - Cortland County Health Department - Director of Clinical Operations/Director of Jacobus Center 128 106-13 Award Contract/Authorize Agreement - Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) 128 107-13 Authorize Agreement - Syracuse University/Field Instruction (Mental Health) 129 108-13 Authorize Agreement - Mental Health Department - Minnesota Multi-state - Contract Alliance for Pharmacy 129 109-13 Amend 2013 Budget - Catholic Charities/NYSOMH - Mental Health Department 130 110-13 Award Highway Construction Contract for Prestressed Concrete Superstrucure for Chenino-Solon Pond Road (C.R. 155) - Highway Department 131 111-13 Award/Extend Bids - Various Materials - Highway Department 131 112-13 Award Bids - Various Materials - Highway Department 132 113-13 Transfer Funds/Establish Project - Highway Department 133 114-13 Amend Budget/Transfer Funds - CHIPS Capital - Highway Department 134 115-13 Award Highway Construction Contract for Telephone Road Extension over Otselic River Bridge Rehabilitation in the Town of Cincinnatus BIN 1061180 Highway Department 134 116-13 Award Household Hazardous Waste Contract - Clean Venture, Inc. - Highway Department/Landfill 135 117-13 Adopt Cortland County Cell Phone Policy - Personnel Department 136 118-13 Authorize Assigning Village of Marathon House Numbers - Cortland County Planning Department 140 119-13 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" (A6345m S4166 141 120-13 Endorsing State Legislation Amending County Law "In Relation to Wireless Communication Surcharges in the County of Cortland" (S4161, A6168) 142 121-13 Authorize Agreement - Autopsy Services - Lourdes Hospital - County Coroner 142 122-13 Abolish/Create - Keyboard Specialist/Paralegal - District Attorney 143 123-13 Appoint Director of Weights and Measures - Weights and Measures 144 124-13 Renew Agreement - Buildings and Grounds (Simplex/Grinnell) 145 125-13 Renew Agreement - Hess Corporation (Various Locations) 145 126-13 Authorize Agreement - Information Technology (Folder/Sealer Machine) 146 127-13 A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2015 146 128-13 A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2015 148 128a-13 Set Public Hearing for May 23, 2013 and Endorse Proposed Local Law of 2013 - A Local Law to Amend Local Law No. 1 of 2009 Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g 149 129-13 Adopt Proposed Local Law of 2013 - A Local Law to Amend Local Law No. 1 of 2009, Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g 151 130-13 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2013-2014 for the Workforce Investment Act Title I-B and Wagner Peyser Programs 153 131-13 Authorize Agreement - Employment and Training Department - Cayuga-Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties 154 132-13 Award Contract/Authorize Agreement - Health Department/Nursing Division/Diagnostic and Treatment Center - Bonadio Group 154 133-13 Authorize Amended Agreement - Health Department/Administration - Public Health Emergency Preparedness Program 155 134-13 Abolish/Create - Social Services Department - Social Welfare Examiner Trainee/Case Aide 156 135-13 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) - Cortland County Airport - Chase Field - Highway Department 156 136-13 Transfer Funds/Various Highway Projects - Highway Department 157 137-13 Award Highway Construction Contract for Replacement of a Large Culvert on Willow Crossing Road in the Town of Harford C.I.N. 129-0378-21.50 - Highway Department 158 138-13 Authorize Rental Contract/Agricultural Corporation - Highway Department 159 ---PAGE BREAK--- 139-13 Authorize Issuance of a Theatrical Production and Custodial License - Highway Department, Dwyer Park (Cortland Reperatory Theatre) 160 140-13 Set Amount of Petty Cash Fund - Rescind Resolution 419-03 - Highway Department/Soid Waste 160 141-13 Cortland County Resolution Supporting/Endorsing the North Country National Scenic Trail and Concurrent Finger Lakes Trail in Cortland County 161 142-13 Resolution to Oppose Clean Water Act Draft Guidance Proposed by the Environmental Protection Agency 162 143-13 Accept Funds/Mental Health Department - Conference of Local Mental Hygiene Directors 163 144-13 Accept Grant/Amend Budget - Information Technology - (Statewide Interoperable Communications Grant Program) 164 145-13 Amend Budget/Re-Appropriate Funds - Tax Collection System/Treasurer 164 146-13 Endorsing State Legislation Amending Tax Law, "In Relation to Extending the Authorization for Imposition of Additional Sales Tax in the County of Cortland" (A7186, S4918) 165 147-13 Authorize Apportionment of Mortgage Tax Monies - Treasurer's Office 165 148-13 Resolution Regarding the Reimbursement of Re-levied Delinquent Village and Town Taxes - Real Property Tax Services 167 149-13 Resolution Authorizing a Formal Application to the Foreign-Trade Zones Board for the Establishment of a Foreign- Trade Zone Project Under the Alternative Site Framework, and Authorizing the Business Development Corporation to Administer the Foreign-Trade Zone Project 167 150-13 Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 - Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions." (A7513,S5047) 171 151-13 Adopt 2013-2014 Operating Budget - Tompkins Cortland Community College 174 152-13 Approval of the Appropriation of Surplus Funds - Tompkins Cortland Community College 174 153-13 Re-Appoint Members - Cortland County Planning Board 175 154-13 Appoint Member - Cayuga/Cortland Workforce Investment Board - Employment and Training 176 155-13 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies 176 156-13 Authorize Agreements - Various Agencies/Area Agency on Aging 177 157-13 Accept Bids/Authorize Purchase - Miscellaneous Groceries and Frozen Foods - Area Agency on Aging 178 158-13 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Milk and Dairy Products 178 159-13 Budget Modification to Meet NYS Criminal Procedure Law Responsibilities 179 160-13 Authorize Data Exchange Application & Agreement Onondaga Case Management Services, Inc. 180 161-13 Budget Modification - Create Revenue and Expense Accounts for Medications 181 162-13 Abolish/Create Principal Account Clerk/Senior Account Clerk - Department of Social Services 181 163-13 Amend Budget - YWCA Aid to Victims of Violence - Department of Social Services 182 164-13 Award Bid for Supply of Bridge Rail, Transition Rail and Guide Rail Materials - Highway Department 183 165-13 Award Scrap Tire Removal and Recycling Agreement - Highway/Solid Waste Division 184 166-13 Establish Landfill Capping Project Approve Professional Services - Amend 2013 Budget/Transfer Funds - Solid 185 167-13 Amend Resoluiton 355-05 (Cortland County Farmland Protection Purchase of Development Rights Program - Monitoring Plan) Planning Department 186 168-13 Amend Rules of Order - Cortland County Legislature 189 169-13 Resolution in Opposition to New York State Legislation A7553/S4489 - An Act Which Would Effectively Raise the Age of Criminal Responsibility to Age 18 Years 190 170-13 Law Enforcement Inter-Mutual Agreement - Sheriff's Department (Schuyler County) 190 171-13 Reject Bids for the Gym - Window Replacement and Window/Door Replacement - 37 Church Street (Buildings and Grounds 191 172-13 Authorize Agreement/Amend Budget - Chamber of Commerce 192 173-13 Appoint Member - Cooperative Extension Board of Directors 193 174-13 Amend Budget/County Administration (NY Jets) 193 175-13 Local Law No. 5 - A Local Law Establishing a Partial Real Property Tax Exemption for Certain New or 196 176-13 Appoint Director, Area Agency on Aging 200 177-13 Create Driver-Per Diem Sub/Area Agency on Aging 201 178-13 Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant 201 179-13 Authorize Agreement/Accept Funds - Health Department Drinking Water Program 202 180-13 Authorize Agreement Health Department/Administration (HealtheConnections) 202 181-13 Grant Utility Easement to NYSEG - Highway Department 203 182-13 Amend Budget/Transfer Funds - Highway Department 203 183-13 Authorize Agreement/Highway Department Town of Cuyler (Snow & Ice County Roads) 204 184-13 Authorize Agreement/Highway Department - Town of Harford (Snow and Ice - County Roads) 205 185-13 Authorize Agreement/Highway Department - Town of Preble (Snow and Ice - County Roads) 206 186-13 Authorize Agreement/Highway Department - Town of Scott (Snow and Ice Contracts) 206 187-13 Transfer Funds/Highway Maintenance - Highway Deparatment 207 188-13 Award Highway Bid - Metal Object Removal - Highway Department/Solid Waste 208 189-13 Transfer Property Between Land Essential, Inc. and Cortland County Highway Department 209 190-13 Authorize Agreement/Vehicle Inspection Service 209 191-13 Approve Agreement for Engineering - Truxton-Tully Road/Highway Department 210 192-13 Accept Bids/Authorize Contract - Phoenix Graphics - Board of Elections 211 193-13 Establish the Appointment of a Transportation Title VI Officer 212 ---PAGE BREAK--- 194-13 Resolution Extending the Public Comment Period for the Draft Environmental Impact Statement for the Proposed TCI Wind Energy Project 213 195-13 NYS Law Enforcement Terrorism Prevention Program NYS Comptroller's # T970022 214 196-13 Shredding Contract - County Clerk/Records Management Officer - CINTAS Document Management 215 197-13 Agreement Between the County of Cortland and the County Police Association of Cortland County - Effective 215 198-13 Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU with Upstate CARE 260 199-13 Re-Appoint Director of Real Property Re-Appoint Director of Real Property Tax Services - Real Property 261 200-13 Authorize Agreement/Fiscal Advisors County Treasurer 262 201-13 Bond Resolution of the City of Cortland, New York, Adopted on July 25, 2013, 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 $1,100,000, and Authorizing the Issuance of Up to $1,100,000 Bonds of Said County to Pay the Cost Thereof 263 202-13 Bond Resolution of the City of Cortland, New York, Adopted on July 25, 2013, 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 $320,000, and Authorizing the Issuance of Up to $320,000 Bonds of Said County to Pay the Cost Thereof 265 203-13 Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, Authorizing the Reconstruction of Improvements to Various Highways in and for the County of Cortland, New York, at a Maximum Estimated Cost of $180,000 and Authorizing the Issuance of Up to $180,000 Bonds of Said County to Pay the cost Thereof 268 204-13 Authorize Transfer of County Property to Cortlandville 271 205-13 Amend Staff Contract Mental Health 274 206-13 Resolution Authorizing a Formal Application to the Foreign-Trade Zones Board for the Establishment of a Foreign- Trade Zone Project Under the Alternative Site Framework, and Authorizing the Business Development Corporation to Administer the Foreign-Trade Zones Board for the Establishment of a Foreign-Trade Zone Project Under the Alternate Site Framework, and Authorizing the Business Development Corporation to Administer the Foreign Trade Zone Project 274 207-13 Amend Budget - Area Agency on Aging (Health Insurance Information, Assistance and Counseling Program 276 208-13 Amend Budget - Area Agency on Aging/RSVP 276 209-13 Authorize Agreement/Accept Funds Health Department/Administration (Healthy Places to Live, Work and Play Grant) 277 210-13 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program 278 211-13 Authorize Agreement/Accept Funds Health Department/Administration (Community Partnerships for Tobacco Control Program) 278 212-13 Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program 279 213-13 Authorize Agreement/Accumedic Computer Systems - Mental Health 280 214-13 Transfer Funds/Amend Budget - Highway Department 280 215-13 Resolution to Approve Project, Authorize Acceptance of Grants from Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Award Bids, Authorize Construction and Construction Inspection Contracts, Authorize Material Purchases and Construction by County Forces Snow Removal Equipment Building Construction Project - Cortland County Airport/Highway Department 281 216-13 Accept Proposals/Authorize Purchase of Professional Services to Convert Cortland County's Tax Maps from AutoCAD Version 3D 2008 to ESRI ArcGIS 10.2.x to be Used in the Countywide G.I.S. System - Information Technology 285 217-13 Amend Budget/County Coroner 287 218-13 Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation 287 219-13 Accept Proposal/Authorize Agreement - Amend 2013 Budget - Buildings and Grounds - First Choice Asphalt, Sealing, Paving and Concrete 288 220-13 Authorize Agreement - Schindler Elevator Corporation - Elevator Service - Buildings and Grounds Department 289 221-13 Accept Proposal/Authorize Agreement - Participate in National Grid Small Business Program - Buildings and Grounds Department 289 222-13 Authorize Agreement - Information Technology - Advizex Technologies, LLC 290 223-13 Abolish/Create Fiscal Officer/Principal Account Clerk - County Administration 291 224-13 Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York 291 225-13 Resolution to Approve Project, Authorize Acceptance of Grants From FAA and NYSDOT, Authorize Construction and Engineering Contracts - Runway Grooving and Re-Marking Project - Cortland County Airport/Highway Department 295 226-13 Appoint Members/Cortland County Youth Board 300 227-13 Authorize Easement Across County Property to Construct a Gas Pipeline 300 228-13 Authorize Agreement - Area Agency on Aging (Visiting Nurse Service of New York Choice) 301 229-13 Amend Budget - Area Agency on Aging Title IIID Health Program 301 230-13 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Foods 302 231-13 Authorize Agreement Health Department/Administration Transact Rx (National Immunization Network) 303 232-13 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant 304 ---PAGE BREAK--- 233-13 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs Breast and Cervical 305 234-13 Authorize Agreement/Accept Funds - Health Department/Administration - Special Program Breast and Cervical Cancer Early Detection Program 305 235-13 Authorize Agreement - Department of Social Services Contract - Attorney 306 236-13 Authorize Exemption from Tipping Fees - River Clean-Up - Highway/Solid Waste Division 307 237-13 Transfer Station Project/Approve Professional Services/Amend 2013 Budget/Transfer Funds 308 238-13 Award Proposal/Authorize Agreement Third Party Administration/Cortland County Health 309 239-13 Adopt Local Law of 2013 - A Local Law Prohibiting Within Cortland County the Possession, Purchase, Attempted Purchase in Excess of the Federal Limits, of Pseudophedrine and Products Containing Pseudophedrine 311 240-13 Authorize Agreement NYSEG Emergency Response and Communications 314 241-13 Adopt Local Law of 2013 - A Local Law Establishing Certain Fees for Probation Department Services 315 242-13 Accept Funds/Amend Budget - STOP DWI/Sheriff's Department 317 243-13 Amend 2013 Budget/Transfer Funds 317 244-13 Appointment of Jail Physician Pursuant to Correction Law § 501 318 245-13 Accept Funds/Amend Budget - Sale of Vehicles - Sheriff's Department 319 246-13 Accept Proposal/Authorize Buildings and Grounds - Ehrlich Pest Control 320 247-13 Authorize Auctioneer for Sale of County Properties 321 248-13 Create project/Transfer Funds/Amend Budget - Jail Renovations 324 249-13 Authorize Agreements Health Deparatment/Hospice (Program Services) 324 250-13 Authorize Agreements Health Department/Hospice (Insurance Reimbursement) 325 251-13 Authorize Agreements - Department of Social Services (Day Care Services) 326 252-13 Authorize Agreements - Department of Social Services (Foster Care) 326 253-13 Authorize Agreements - Department of Social Services (Several Agencies, Departments, Etc.) 327 254-13 Authorize Agreements - Department of Social Services (Work Experience Work Sites) 328 255-13 Abolish/Create Clinical Director of Mental Health Programs (Full Time)/Clinical Director of Mental Health Programs (Part Time) 328 256-13 Abolish Create Area Agency on Aging Account Clerk (Full Time)/Account Clerk (Part Time) 329 257-13 Amend Resolution 178-13 - Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant 329 258-13 Amend Resolution 232-13 - Authorize Agreement/Accept Funds - Health Department/Administration Integrated Cancer Services Program 330 259-13 Authorize Contract Ability Network/Mental Health 331 260-13 Resource Allocation Plan - NYS Office of Children and Family Services - Youth Bureau Funding 331 261-13 Amend Budget/Transfer Funds - Department of Social Services - Services for Recipients 332 262-13 Authorize Agreements - Area Agency on Aging - Several Agencies, Departments, Etc. 332 263-13 Amend Budget/Transfer Funds - Department of Social Services - Child Care 333 264-13 Amend Budget/Transfer Funds - Department of Social Services - Health Insurance 334 265-13 Transfer Funds/Highway Projects - Highway Department 334 266-13 Transfer Funds/Highway Project - Highway Department 335 267-13 Resolution Amending Resolution 226-11 - Obstruction Removal Cortland County Airport/Highway Department 336 268-13 Amend 2013 Budget/Transfer Funds - Personnel Department/Professional Services 337 269-13 Adopt Cortland County Coordinated Public Transit Human Services Transportation Plan - Cortland County Transportation Advisory Committee - Cortland County Planning Department 338 270-13 Accept Monies from the Auction/Sale of Public Transit Buses - Planning Department 339 271-13 Amend Budget - County Clerk - Miscellaneous Support Services 340 272-13 Amend Budget - Emergency Response & Communications - Utilities 340 273-13 Accept Proposal/Authorize Agreement - J.D. Ferro Roofing - Buildidngs and Grounds 341 274-13 Renew Agreement - Waste Management of New York, LLC - Buildings and Grounds 342 275-13 Accept Bids, Authorize Agreement, Amend 2013 Budget - Window Replacement and Window/Door Replacement - 342 276-13 Authorize Settlement of CPLR Article 78 Proceeding Commenced by Creamery Hills, L.P., Against Lawrence E. Fitts, as Assessor of the Town of Harford, the Town of Harford, Dryden Central School District, and the County of Cortland 343 277-13 Set November, December 2013 Meeting Dates - Cortland County Legislature 344 278-13 Authorize Agreement - Health Department/Hospice (Auditor) 346 279-13 Authorize Agreement - Area Agency on Aging (Hopko Designs) 347 280-13 Appoint Members Community Services Board - Mental Health 347 281-13 Amend Budget - Area Agency on Aging - (Title VII Long Term Care Ombudsman Program) 348 282-13 Authorize Agreements - Various Agencies/Departments - Mental Health 349 283-13 Contract Extension Approval for Attorney Olsen-Tjensvold 350 284-13 Award Proposal/Authorize Agreement - Health Department/Nursing Division (EMR/HER Community Computer Service Inc., MEDENT®) 350 285-13 Authorize Agreements - Health Department/Jacobus Center for Reproductive Health (Ahlers, Interpreters, and Consultants) 352 286-13 Authorize Agreement/Accept Funds Health Department Immunization Billing RFA (#Imm - 2013-01) 353 287-13 Family Support Services Budget Amendment (Mental Health) 353 ---PAGE BREAK--- 288-13 Authorize Easement Across County Property to Install Electric Service 354 289-13 Authorizing Legal Counsel for Cortland County and the Cortland County Legislature to Complete Eminent Domain 354 290-13 Award Highway Fuel System Service Agreement - Highway Department 355 291-13 Authorize Extension of State Snow and Ice Control Agreement - Highway Department 356 292-13 Resolution Authorizing the Filing of an Application for State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State - Highway Department/Landfill 357 293-13 Authorize Agreement/Leachate Testing Highway Department/Landfill 358 294-13 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 358 295-13 Award Contract Lease of County Recycling Material Baler Recycling Center/Highway Department 359 296-13 Authorize Agreements - Personnel/Civil Service (Several Agencies) 360 297-13 Authorize Agreement Extension - Sheriff's Department/Jail (Oneida County - Central NY Center 361 298-13 Authorize Agreement Sheriff's Department/Jail Black Creek Integrated Systems Corporation 362 299-13 Abolish Communications Advisory Board - Department of Emergency Communications 362 300-13 UHF Paging Base for Emergency Responders 363 301-13 Authorize Agreements - County Coroners/Various Physicians 364 302-13 Authorize Policy Exemption When Acting in Required Official Capacity as County Employee (Sheriff's 365 303-13 Authorize Agreement - Interoperable Communications Audit/Bonadio Group 366 304-13 Adopt Policy - Cortland County Policies and Procedures for Grant Administration - Information Technology 366 305-13 Apportionment of Mortgage Tax - County Treasurer 367 306-13 Designate Tourism Promotion Agency - Cortland County Convention and Visitors Bureau 369 307-13 Adopt Local Law - Mortgage Recording Tax 369 308-13 Authorize Agreement (MUNIS) Information Technology 370 309-13 Amend 2013 Budget - County Attorney Assigned Counsel/Professional Services 371 310-13 Resolution Advocating New York State to Increase Funding for Public Transportation and Allow for Local Distribution of Department of Health Transportation Funds 371 311-13 Set Public Hearing Date for Tentative 2014 Budget 373 312-13 Amend Tentative 2014 Budget (County Legislature) 375 313-13 Adopt Local Law I of 2013 - Overriding Tax Levy Limit 376 314-13 Adopt 2014 Budget 377 315-13 Authorize Intra-Office Agreement - Cortland County District Attorney (Child Advocacy Program) Establish Rent/Location 407 316-13 Objection to the Use fo Cortland County's Seal or Logos on State Website Associated with Pistol Permit Recertification and/or the NY Safe Act of 2013 - Sheriff's Office 381 317-13 Authorize Contract - Cortland County District Attorney (Office of Children and Family Services/Child Advocacy Center) 382 318-13 Authorize Agreement - Health Department/Environmental Health (Hearing Officer Services) 383 319-13 Authorize Agreement/Accept Funds - Health Department/Administration/Special Programs Traffic Safety and 384 320-13 Authorize Agreement Health Department/Administration Emergency Preparedness Services 384 321-13 Accept Bids/Authorize Purchase - Miscellaneous Groceries and Frozen Foods - Area Agency on Aging 385 322-13 Accept Bids/Authorize Purchase - Paper Goods and Maintenance Supplies - Area Agency on Aging 386 323-13 Re-Appoint Member Cortland County Board of Health (Barry Batzing) 387 324-13 Authorize Agreement/Accept Funds - Health Department/Administration/Special Programs Traffic Safety and 387 325-13 Award Highway Equipment Snow Plow Equipment/Dump Trucks Highway Department 388 326-13 Approve Right-of-Way Purchase - Little York Dam Project - Highway Department 389 327-13 SEQR Determination Project to Replace the Little York Lake Dam - Cortland County Highway Department 390 328-13 Authorize Agreement/MSHA Annual Refresher Training - Highway Department 391 329-13 Transfer Funds/Highway Projects Year End - Highway Department 391 330-13 Resolution Rejecting TCI's Offer to Lease Landfill Property, and Terminating the SEQR Review Process 393 331-13 Regarding the Proposed Transfer Station and Potential Long-Term Solid Waste Partnership Agreement with 394 332-13 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2014 396 333-13 Revise Self Insurance Rates - Cortland County Employee's Health Benefits Program 396 334-13 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract Section 5316 - Job Access and Reverse Commute (JARC) Section 5317 - New Freedom New York State Department of Transportation (NYSDOT) Contract No. C003943 Cortland County Planning Department 397 335-13 Adopt Cortland County Public Transportation System Title VI Plan and Cortland County Public Transportation System Title VI Complaint Procedures - Cortland County Planning Department 399 336-13 Amend 2013 Budget/Accept Local Match Funds NYSDOT Federal Section 5311 Capital Grant for 2011 and 2012 Fiscal Years - Cortland County Planning Department 400 337-13 Accept Bid/Authorize Agreement - Bus Shelter - Cortland County Planning Department 401 338-13 Authorize Agreement - Information Technology - (Town of Cortlandville - Exchange of Services) 402 339-13 Fix Date to Sign Warrants 403 340-13 Amend Budget/Sheriff Personal Services 403 341-13 Amend Budget - Public Defender 404 342-13 2014 Fire Advisory Board Appointment/Reappointment 404 ---PAGE BREAK--- 343-13 Accept Grant Award - 2012 LEMPG Emergency Response and Communications State of New York - FFY 2012 LEMPG 405 344-13 Amend 2013 Budget - Carryover to 2014 Budget - Emergency Response 406 345-13 Authorize Contract Renewal - Service Contract for RS6000 - Sheriff's Messaging Server (System Maintenance Services) 408 346-13 Authorize Agreement Buildings and Grounds (6th Judicial Court District) 408 347-13 Authorize Agreement - Air Monitoring Services Door and Window Project - Buildings and Grounds 409 348-13 Amend Budget/Re-Appropriate Funds (Buildings and Grounds) 409 349-13 Amend Budget/Re-Appropriate Funds (Buildings and Grounds) 410 350-13 Authorize Contract - Information Technology Support Services 2013 (Town of Cortlandville) 410 351-13 Authorize Contract - Information Technology Support Services 2014 (Town of Cortlandville) 411 352-13 Appoint Director of Real Property Tax Services - Real Property 412 353-13 Authorize Agreement OCE Reader/Printer (Real Property) 413 354-13 2013 Budget Amendment Mental Health/Family Counseling 413 355-13 Authorize Extension of Contract with Bowne Management Systems, Inc., to Connect Cortland County Tax Maps from Auto CAD Format to ESRI ARC GIS 10.2X to be Used as a County-Wise GIS System 414 356-13 Authorize Agreement Image Mat Online 414 357-13 Levying Water Charges - Town of Cortlandville 415 358-13 Levying Grass and Weed Charges - Town of Cortlandville 417 359-13 Levying Water Charges - Town of Scott 418 360-13 Levying Water Charges - Town of Cincinnatus 418 361-13 Levying Town Special District Taxes 420 362-13 Levy County Tax - City of Cortland 421 363-13 Levy Town General and Highway Taxes 421 364-13 Amend 2014 Budget to Reflect State Administeredd Non Property Tax (Sales Tax) to Reduce Real Levy Property 423 365-13 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Taqx Rolls and Certain 424 366-13 Levying Water Charges - Town of Harford 425 367-13 Levying Water Charges - Town of Virgil 426 368-13 Levying Sewer Charges - Town of Virgil 426 369-13 Levying Sewer Charges - Town of Cuyler 427 370-13 Authorizing the Use of Tax Stabilization Reserve Fund - Treasurer's Office 428 LIBRARY 35-13 Authorize Payment - Finger Lakes Library Association 63 LIME HOLLOW 38-13 Authorize Agreement - Lime Hollow Nature Center 64 25-13 Adopt Proposed Local Law for the Year 2013 - A Local Law Establishing the Position of Director of Emergency Response and Communications 57 129-13 Adopt Proposed Local Law of 2013 - A Local Law to Amend Local Law No. 1 of 2009, Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g 151 175-13 Local Law No. 5 - A Local Law Establishing a Partial Real Property Tax Exemption for Certain New or 196 239-13 Adopt Local Law of 2013 - A Local Law Prohibiting Within Cortland County the Possession, Purchase, Attempted Purchase in Excess of the Federal Limits, of Pseudoephedrine and Products Containing Pseudoephedrine 311 241-13 Adopt Local Law of 2013 - A Local Law Establishing Certain Fees for Probation Department Services 315 307-13 Adopt Local Law - Mortgage Recording Tax 369 313-13 Adopt Local Law I of 2013 - Overriding Tax Levy Limit 376 6-13 Amend 2013 Budget Amendment - Mental Health/Family Counseling (OASAS) 6 7-13 Authorize Contract/Amend 2013 Budget - Mental Health/Seven Valley CASA 7 59-13 Accept Funds/Amend 2013 Budget - Authorize Expense Account - Catholic Charities HCCA - Mental Health 80 107-13 Authorize Agreement - Syracuse University/Field Instruction (Mental Health) 129 108-13 Authorize Agreement - Mental Health Department - Minnesota Multi-state - Contract Alliance for Pharmacy 129 109-13 Amend 2013 Budget - Catholic Charities/NYSOMH - Mental Health Department 130 143-13 Accept Funds/Mental Health Department - Conference of Local Mental Hygiene Directors 163 160-13 Authorize Data Exchange Application & Agreement Onondaga Case Management Services, Inc. 180 161-13 Budget Modification - Create Revenue and Expense Accounts for Medications 181 205-13 Amend Staff Contract Mental Health 274 213-13 Authorize Agreement/Accumedic Computer Systems - Mental Health 280 255-13 Abolish/Create Clinical Director of Mental Health Programs (Full Time)/Clinical Director of Mental Health Programs (Part Time) 328 259-13 Authorize Contract Ability Network/Mental Health 331 LOCAL LAWS MENTAL HEALTH ---PAGE BREAK--- 280-13 Appoint Members Community Services Board - Mental Health 347 282-13 Authorize Agreements - Various Agencies/Departments - Mental Health 349 287-13 Family Support Services Budget Amendment (Mental Health) 353 354-13 2013 Budget Amendment Mental Health/Family Counseling 413 128-13 A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2015 148 147-13 Authorize Apportionment of Mortgage Tax Monies - Treasurer's Office 165 150-13 Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 - Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions." (A7513,S5047) 171 305-13 Apportionment of Mortgage Tax - County Treasurer 367 307-13 Adopt Local Law - Mortgage Recording Tax 369 104-13 Amend 2013 Budget - County Administration/Occupancy Tax Audit 125 128a-13 Set Public Hearing for May 23, 2013 and Endorse Proposed Local Law of 2013 - A Local Law to Amend Local Law No. 1 of 2009 Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g 149 129-13 Adopt Proposed Local Law of 2013 - A Local Law to Amend Local Law No. 1 of 2009, Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g 151 224-13 Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York 291 15-13 Deferred Compensation Committee Resolution to Amend and Restate Model Plan 13 81-13 Abolish/Create - District Attorney - Assistant District Attorney (3/4 time)/Assistant District Attorney (full time) 110 117-13 Adopt Cortland County Cell Phone Policy - Personnel Department 136 197-13 Agreement Between the County of Cortland and the County Police Association of Cortland County - Effective 215 268-13 Amend 2013 Budget/Transfer Funds - Personnel Department/Professional Services 337 296-13 Authorize Agreements - Personnel/Civil Service (Several Agencies) 360 332-13 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2014 396 333-13 Revise Self Insurance Rates - Cortland County Employee's Health Benefits Program 396 18-13 Authorize 2013 Agreement/Planning Department - CNY Regional Planning and Development Board 53 19-13 Authorize Agreement/Planning Department - Southern Tier East Regional Planning Development Board 53 20-13 Authorize 2013 Agreement - James W. Sewall Company and Cortland County Planning Department 53 21-13 Amend 2013 Budget - Federal Section 5311 Capital Replacement Needs - Consolidated Operating and Capital Grant for 2011 and 2012 - Cortland County Planning Department 54 63-13 Adopt Cortland County Consolidated Agricultural District - Planning Department 82 64-13 Authorize Grant Application/Authorize Agreements - New York State Department of Transportation (NYSDOT) Section 5316 - Job Access and Reverse Commute (JARC) Cortland County Planning Department 83 65-13 Authorize Grant Application/Authorize Agreements Section 5317 - New Freedom (NF) Cortland County Planning Department 83 66-13 Authorize Grant Application - Cortland County Snowmobile Trail Development and Maintenance 2013-2014 - Planning Department 84 67-13 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for the 85 68-13 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2013-2014 - Planning 85 68-13 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2013-2014 - Planning Department 85 83-13 Resolution Declaring the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm to be Adequate for Public Review 111 93-13 Amend 2013 Budget - New York State Department of Transportation - State Operating Assistance (STOA) - Planning Department 119 94-13 Amend 2013 Budget - No-Cost Time Extension of Local/Miscellaneous Contract - Section 5316 - Job Access and Reverse Commute (JARC) - Section 5317 - New Freedom (NF) - Cortland County Planning Department 119 95-13 Amend 2013 Budget - Professional Services/STOA CAP Project Offset - Cortland County Planning Department 120 96-13 Authorize Assigning City of Cortland House Numbers - Cortland County Planning Department 121 118-13 Authorize Assigning Village of Marathon House Numbers - Cortland County Planning Department 140 153-13 Re-Appoint Members - Cortland County Planning Board 175 MORTGAGE TAX OCCUPANCY TAX OFF TRACK BETTING PERSONNEL/CIVIL SERVICE PLANNING ---PAGE BREAK--- 167-13 Amend Resolution 355-05 (Cortland County Farmland Protection Purchase of Development Rights Program - Monitoring Plan) Planning Department 186 193-13 Establish the Appointment of a Transportation Title VI Officer 212 269-13 Adopt Cortland County Coordinated Public Transit Human Services Transportation Plan - Cortland County Transportation Advisory Committee - Cortland County Planning Department 338 270-13 Accept Monies from the Auction/Sale of Public Transit Buses - Planning Department 339 334-13 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract Section 5316 - Job Access and Reverse Commute (JARC) Section 5317 - New Freedom New York State Department of Transportation (NYSDOT) Contract No. C003943 Cortland County Planning Department 397 335-13 Adopt Cortland County Public Transportation System Title VI Plan and Cortland County Public Transportation System Title VI Complaint Procedures - Cortland County Planning Department 399 336-13 Amend 2013 Budget/Accept Local Match Funds NYSDOT Federal Section 5311 Capital Grant for 2011 and 2012 Fiscal Years - Cortland County Planning Department 400 337-13 Accept Bid/Authorize Agreement - Bus Shelter - Cortland County Planning Department 401 POLICY 76-13 Adopt Building Use Policy (County Auditorium) Buildings and Grounds 90 77-13 Adopt Hazardous Communication Policy - Cortland County Safety Office 95 78-13 Adopt Lock Out/Tag Out Policy - Cortland County Safety Office 100 241-13 Adopt Local Law of 2013 - A Local Law Establishing Certain Fees for Probation Department Services 315 26-13 Abolish/Create - Public Defender's Office - Secretary I and Secretary II/Paralegal 58 341-13 Amend Budget - Public Defender 404 4-13 Authorize Agreement - Health Department/Hospice (Auditor) 5 5-13 Authorize Agreement/Accept Funds - Breast & Cervical Cancer Early Detection Program - Health Department/Administration/Special Programs 6 51-13 Authorize Agreement - Health Department/Health Education (Cancer Services Program of Cortland and Tompkins County) 76 52-13 Authorize Agreement/Accept Funds - Health Department/Environmental Health - Rabies Program 77 53-13 Accept Funds - Health Department/Jacobus Center for Reproductive Health (Family Planning Program) 77 54-13 Accept Funds - Health Department/Children with Special Health Care Needs Program) 78 55-13 Accept Funds - Health Department/Immunization (Immunization Program) 78 56-13 Accept Funds - Health Department/Lead Poisoning (Lead Poisoning Prevention Program) 79 57-13 Accept Funds - Health Department/ATUPA (Tobacco Enforcement Program) 79 58-13 Accept Funds - Health Department/Tobacco (Tobacco Use Prevention Program) 80 84-13 Authorize Agreement - Health Department/Children with Special Needs Program (EI Escrow Agreement) 111 87-13 Authorize Agreement - Health Department/Children with Special Needs Program (EI Provider Agreement) 114 105-13 Abolish/Create - Cortland County Health Department - Director of Clinical Operations/Director of Jacobus Center 128 106-13 Award Contract/Authorize Agreement - Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) 128 132-13 Award Contract/Authorize Agreement - Health Department/Nursing Division/Diagnostic and Treatment Center - Bonadio Group 154 133-13 Authorize Amended Agreement - Health Department/Administration - Public Health Emergency Preparedness Program 155 178-13 Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant 201 179-13 Authorize Agreement/Accept Funds - Health Department Drinking Water Program 202 180-13 Authorize Agreement Health Department/Administration (HealtheConnections) 202 209-13 Authorize Agreement/Accept Funds Health Department/Administration (Healthy Places to Live, Work and Play Grant) 277 210-13 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program 278 211-13 Authorize Agreement/Accept Funds Health Department/Administration (Community Partnerships for Tobacco 278 212-13 Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program 279 231-13 Authorize Agreement Health Department/Administration Transact Rx (National Immunization Network) 303 232-13 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant 304 233-13 Authorize Agreement/Accept Funds - Health Department/Administration - Special Programs Breast and Cervical 305 234-13 Authorize Agreement/Accept Funds - Health Department/Administration - Special Program Breast and Cervical Cancer Early Detection Program 305 238-13 Award Proposal/Authorize Agreement Third Party Administration/Cortland County Health 309 249-13 Authorize Agreements Health Department/Hospice (Program Services) 324 250-13 Authorize Agreements Health Department/Hospice (Insurance Reimbursement) 325 PUBLIC DEFENDER PUBLIC HEALTH PROBATION ---PAGE BREAK--- 257-13 Amend Resolution 178-13 - Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant 329 258-13 Amend Resolution 232-13 - Authorize Agreement/Accept Funds - Health Department/Administration Integrated Cancer Services Program 330 278-13 Authorize Agreement - Health Department/Hospice (Auditor) 346 284-13 Award Proposal/Authorize Agreement - Health Department/Nursing Division (EMR/HER Community Computer Service Inc., MEDENT®) 350 285-13 Authorize Agreements - Health Department/Jacobus Center for Reproductive Health (Ahlers, Interpreters, and Consultants) 352 286-13 Authorize Agreement/Accept Funds Health Department Immunization Billing RFA (#Imm - 2013-01) 353 310-13 Resolution Advocating New York State to Increase Funding for Public Transportation and Allow for Local Distribution of Department of Health Transportation Funds 371 318-13 Authorize Agreement - Health Department/Environmental Health (Hearing Officer Services) 383 319-13 Authorize Agreement/Accept Funds - Health Department/Administration/Special Programs Traffic Safety and 384 320-13 Authorize Agreement Health Department/Administration Emergency Preparedness Services 384 323-13 Re-Appoint Member Cortland County Board of Health (Barry Batzing) 387 324-13 Authorize Agreement/Accept Funds - Health Department/Administration/Special Programs Traffic Safety and 387 128a-13 Set Public Hearing for May 23, 2013 and Endorse Proposed Local Law of 2013 - A Local Law to Amend Local Law No. 1 of 2009 Imposing a Tax Upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g 149 311-13 Set Public Hearing Date for Tentative 2014 Budget 373 1-13 Authorize Agreement - Real Property Tax Services - OCE Scanner/Printer 1 80-13 Appoint Director of Real Property Tax Services - Real Property 108 148-13 Resolution Regarding the Reimbursement of Re-levied Delinquent Village and Town Taxes - Real Property Tax Services 167 175-13 Local Law No. 5 - A Local Law Establishing a Partial Real Property Tax Exemption for Certain New or 196 199-13 Re-Appoint Director of Real Property Re-Appoint Director of Real Property Tax Services - Real Property 261 352-13 Appoint Director of Real Property Tax Services - Real Property 412 353-13 Authorize Agreement OCE Reader/Printer (Real Property) 413 355-13 Authorize Extension of Contract with Bowne Management Systems, Inc., to Connect Cortland County Tax Maps from Auto CAD Format to ESRI ARC GIS 10.2X to be Used as a County-Wise GIS System 414 356-13 Authorize Agreement Image Mat Online 414 RECORDS MANAGEMENT 32-13 Petition NYS Governor and State Representatives - Local Government Records Improvement Management Funds - Authorization of Application Process and Termination of Seizure of Funds 61 196-13 Shredding Contract - County Clerk/Records Management Officer - CINTAS Document Management 215 168-13 Amend Rules of Order - Cortland County Legislature 189 SAFETY 77-13 Adopt Hazardous communication Policy - Cortland County Safety Office 95 78-13 Adopt Lock Out/Tag Out Policy - Cortland County Safety Office 100 79-13 Authorize Payment - Surplus Sales Tax - Treasurer's Office 107 127-13 A Home Rule Request for Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2015 146 146-13 Endorsing State Legislation Amending Tax Law, "In Relation to Extending the Authorization for Imposition of Additional Sales Tax in the County of Cortland" (A7186, S4918) 165 SEQR 62-13 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for the Cortland County Consolidated Agricultural District 81 83-13 Resolution Declaring the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm to be Adequate for Public Review 111 REAL PROPERTY RECYCLING (see SOLID WASTE MANAGEMENT) PUBLIC HEARINGS RULES OF ORDER SALES TAX ---PAGE BREAK--- SHERIFF 22-13 Authorize Agreement/Purchase - Protective Equipment (Town of Cortlandville) County Sheriff 55 74-13 Amend 2013 Budget - Sheriff's Department (Motor Vehicle Equipment) 89 75-13 Amend 2012 Budget/Transfer Funds to 2013 Budget - Sheriff's Department - E911 (Computer Software) 89 102-13 Lease Agreement - Information Technology (Toshiba Business Solutions Copier Lease Agreement) 125 103-13 Authorize Contract Renewal - Service Contract for RS6000 - Sheriff's Messaging Server (System Maintenance 125 170-13 Law Enforcement Inter-Mutual Agreement - Sheriff's Department (Schuyler County) 190 195-13 NYS Law Enforcement Terrorism Prevention Program NYS Comptroller's # T970022 214 197-13 Agreement Between the County of Cortland and the County Police Association of Cortland County - Effective 215 218-13 Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation 287 224-13 Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York 291 242-13 Accept Funds/Amend Budget - STOP DWI/Sheriff's Department 317 243-13 Amend 2013 Budget/Transfer Funds 317 244-13 Appointment of Jail Physician Pursuant to Correction Law § 501 318 245-13 Accept Funds/Amend Budget - Sale of Vehicles - Sheriff's Department 319 248-13 Create project/Transfer Funds/Amend Budget - Jail Renovations 324 297-13 Authorize Agreement Extension - Sheriff's Department/Jail (Oneida County - Central NY Center 361 298-13 Authorize Agreement Sheriff's Department/Jail Black Creek Integrated Systems Corporation 362 301-13 Authorize Agreements - County Coroners/Various Physicians 364 316-13 Objection to the Use of Cortland County's Seal or Logos on State Website Associated with Pistol Permit Recertification and/or the NY Safe Act of 2013 - Sheriff's Office 381 340-13 Amend Budget/Sheriff Personal Services 403 345-13 Authorize Contract Renewal - Service Contract for RS6000 - Sheriff's Messaging Server (System Maintenance Services) 408 66-13 Authorize Grant Application - Cortland County Snowmobile Trail Development and Maintenance 2013-2014 - Planning Department 84 68-13 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2013-2014 - Planning Department 85 60-13 Authorize Agreement - Department of Social Services (Office of Children and Family Services) 81 134-13 Abolish/Create - Social Services Department - Social Welfare Examiner Trainee/Case Aide 156 162-13 Abolish/Create Principal Account Clerk/Senior Account Clerk - Department of Social Services 181 163-13 Amend Budget - YWCA Aid to Victims of Violence - Department of Social Services 182 235-13 Authorize Agreement - Department of Social Services Contract - Attorney 306 251-13 Authorize Agreements - Department of Social Services (Day Care Services) 326 252-13 Authorize Agreements - Department of Social Services (Foster Care) 326 253-13 Authorize Agreements - Department of Social Services (Several Agencies, Departments, Etc.) 327 254-13 Authorize Agreements - Department of Social Services (Work Experience Work Sites) 328 261-13 Amend Budget/Transfer Funds - Department of Social Services - Services for Recipients 332 263-13 Amend Budget/Transfer Funds - Department of Social Services - Child Care 333 264-13 Amend Budget/Transfer Funds - Department of Social Services - Health Insurance 334 283-13 Contract Extension Approval for Attorney Olsen-Tjensvold 350 34-13 Authorize Payment - Cortland County - (Cortland County Soil and Water Conservation District) 63 SPCA 41-13 Authorize Agreement - Cortland County SPCA 66 14-13 Re-appropriate Funds/Amend 2013 Budget - Tobacco Asset Securitization Corporation Funds - County Legislature 13 33-13 Authorize Payment - Tompkins Cortland Community College (Operating Budget 2012-2013) 62 151-13 Adopt 2013-2014 Operating Budget - Tompkins Cortland Community College 174 152-13 Approval of the Appropriation of Surplus Funds - Tompkins Cortland Community College 174 31-13 Resolution Creating Tax Bill for Auctioned Property - County Treasurer 61 SOIL AND WATER CONSERVATION TOBACCO ASSET SECURITIZATION CORPORATION TOMPKINS CORTLAND COMMUNITY COLLEGE TREASURER SOLID WASTE MANAGEMENT - SEE HIGHWAY SNOWMOBILE MAINTENANCE & DEVELOPMENT SOCIAL SERVICES ---PAGE BREAK--- 79-13 Authorize Payment - Surplus Sales Tax - Treasurer's Office 107 145-13 Amend Budget/Re-Appropriate Funds - Tax Collection System/Treasurer 164 200-13 Authorize Agreement/Fiscal Advisors County Treasurer 262 305-13 Apportionment of Mortgage Tax - County Treasurer 367 123-13 Appoint Director of Weights and Measures - Weights and Measures 144 16-13 Resolution Making a Declaration of Inadequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm 51 17-13 Requesting Air Energy TCI, Inc., to Submit Any Applications for Permits or Approvals to Towns Sited for the Crown City Wind Energy Project 52 194-13 Resolution Extending the Public Comment Period for the Draft Environmental Impact Statement for the Proposed TCI Wind Energy Project 213 226-13 Appoint Members/Cortland County Youth Board 300 260-13 Resource Allocation Plan - NYS Office of Children and Family Services - Youth Bureau Funding 331 WIND PROJECT YOUTH BUREAU WEIGHTS AND MEASURES ---PAGE BREAK--- Cortland County Legislature January 9, 2013 Special Meeting - 6:00 P.M. Minutes Order of Business Chairman Park opened the meeting at approximately 6:00 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Legislators Ross and Willcox, who were excused. New Business On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 1 was introduced. The Clerk said that this is an annual maintenance contract, that was left off the last legislative agenda, and therefore can be voted on tonight. All members voting in favor; none opposed. Agenda Item No. 1 became: ON THE MOTION OF MR. PACE RESOLUTION NO. 1-13 Authorize Agreement Real Property Tax Services OCE Scanner/Printer WHEREAS, the OCE reader/printer located in Real Property Tax Services requires an annual maintenance agreement, AND WHEREAS, an agreement has been negotiated with OCE-USA, Inc. for the term of January 1, 2013 through December 31, 2013 at a cost of $2,834.88, 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 OCE-USA, Inc. and pay out of account A13555.54050 Equipment Maintenance/Repair. New 911/Dispatch/Emergecny Communications Department Mr. Murphy said the meeting had been called to discuss the proposed changes to the Fire & Emergency Management Office, that he believes are necessary to administer the new Emergency Interoperable Communications System. He said the proposal calls for the creation of a new department. The Fire & Emergency Management Office would fall under the new department. A draft job description for the department head has been created, and includes the knowledge of first responders, as well as a technical experience to oversee the new system, and the New World system. The Sheriff currently has oversight of the 9-11 and dispatch center, however this proposal takes dispatch out from under the Sheriff and putting that responsibility under the new department. The proposal further calls for the elimination of the current position of Director of Fire & Emergency Management, however the deputy director position would remain. If approved by the Legislature, the proposal would take effect March 1. He said the change in salary from the 1 ---PAGE BREAK--- current FEMO director, to the new position, would be about $56,000 for 2013, and additional $4-6,000 to fund the department for a full calendar year in 2014. Personnel Director Annette Barber distributed copies of the proposed job description, and said the proposed salary range for the new department head would be between $61,120 and $74,362. Mr. Hartnett asked for a breakdown of what the Sheriff’s department budget would look like if this change were made. Mr. Murphy said he would provide that in the future. Mr. Murphy said that if this is approved later in January, then the job will be posted and interviews will begin. Mr. Whitney said much of the work has been done to date by the Information Technology office, and he thanked Rob Corpora and Jack Hess for their time and expertise. He said the IT Department does not have the personnel to, or the Emergency/First Responder experience that is necessary to administer the system once it is implemented. Mr. Whitney said he would like to dispel any rumors that this position is being created for him to fill, and said that he has no intention of applying for the job. Crown City Windfarm Mr. Whitney said the Communications Advisory Board had a meeting with TCI Renewables, Federal Engineering and ComSearch, to review any potential interference or other problems caused by the windmills. He said that TCI will have some mitigation measures included in a revised Draft Environmental Impact Statement, based on the discussion at the meeting. Ms. Arnold said that once the DEIS is complete and the project moves forward, then TCI will be selling the project to another investor, and that any deals between the County and TCI would need to be transferred to whoever is building/owning the windmills. Mr. Park said that a performance bond has also been discussed. 2013 Goals & Objectives Mr. Park said that in 2013 he would like the Legislature to take actions to reduce the cost of doing business at the landfill. He said contracting the operation of the Recycling Center is hopefully a good first step, and that discussions need to continue on the Solid Waste program. He said he would like to move the DEIS to the public to allow them to review the project early in 2013. He said with two fewer legislators in 2014, he would like to reduce the number of committees by combining the Personnel and Budget & Finance committees. Mr. Park said he would like the JPS Committee to begin investigating the possibility of a new jail, as building one could be a five-to-ten-year process. Mr. Troy said he would like the Assigned Counsel program to be resolved this year as well. Ms. Price said she would like better communication between the County administration, the legislature and constituents. Adjournment Mr. Park adjourned the meeting at 6:48 p.m. Cortland County Legislature January 24, 2013 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing at 6:00 p.m. to consider proposed Local Law of 2013 – “A Local Law Establishing The Position Of Director Of Emergency Response And Communications.” The Clerk 2 ---PAGE BREAK--- read the legal notice announcing the hearing. As there was no one present who wished to speak Chairman Park closed the public hearing. Order of Business Chairman Park opened the regular meeting at 6:06 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present except Mr. Ross. Approval of Minutes Mr. Troy made a motion to approve the minutes of the December 20, 2012 Regular Meeting, and the January 9, 2013 Special Meeting. Seconded by Mr. Cornell. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Ms. Lenore LeFevre, assistant public defender, spoke in favor of Agenda Item No. 23. She said the creation of two paralegals in the office would provide for increase efficiency and allow attorneys to expedite cases faster. Receive & File Mr. Cornell made a motion to Receive & File the 2011 NYS Transportation Audit performed by Rick McNeilly. All members voting in favor, none opposed. The documents were received and filed. Reports of Standing, Special and Ad Hoc Committees Chairman Park recognized Majority Leader, Ms. Briggs, and Minority Leader, Ms. Price to provide a Majority/Minority report. Ms. Briggs said at the Dec. 20, 2012 meeting Mr. Pace had asked for input regarding the department head appointment policy. Ms. Arnold distributed a recommendation on behalf of Ms. Briggs and Ms. Price. Ms. Price made a motion that the recommendation be considered at the February Personnel Committee meeting. Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. New Business Mr. Park requested that Agenda Item No. 27 be moved to the beginning of the Agenda. There were no objections. On motion of Mr. Pace, second by Ms. Price. Mr. VanGorder said that Cortland Regional Medical Center has about $16,000,000 in tax-exempt bonds, issued by the Industrial Development Agency in 2002, and they would like to refinance. In addition, $4.5 million will go to new renovations, including boilers, cardiac monitors and other medical equipment. Ms. Briggs asked why the County is being requested for approval. Ms. Rachel Baranello said because the bonds are tax-exempt, and will be issued through the LDC. It is an IRS requirement that the County approve the issuance, however, the County has no financial liability in approving these. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 2-13 RESOLUTION OF THE CORTLAND COUNTY LEGISLATURE, AS THE ELECTED LEGISLATIVE BODY OF CORTLAND COUNTY, NEW YORK, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), APPROVING THE ISSUANCE BY THE CORTLAND COUNTY DEVELOPMENT CORPORATION OF UP TO $25,000,000 AGGREGATE PRINCIPAL AMOUNT TAX-EXEMPT REVENUE BONDS (CORTLAND REGIONAL MEDICAL CENTER, INC. PROJECT), SERIES 2013 WHEREAS, the Cortland County Legislature (the "Legislature"), as the elected legislative body of 3 ---PAGE BREAK--- Cortland County, New York (the "County"), has been advised by the Cortland County Development Corporation (the "Issuer") that, in order to assist in the financing of a certain Project (as hereinafter defined) for the benefit of Cortland Regional Medical Center, Inc. (the "Hospital"), a not-for-profit corporation and an organization described in Section 501(c)(3) of the Code, the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Tax-Exempt Revenue Bonds (Cortland Regional Medical Center, Inc. Project), Series 2013, in one or more series and an aggregate principal amount not to exceed $25,000,000 (the "Bonds"), AND WHEREAS, the project (the "Project"), which does not involve any external construction and/or expansion of the exterior of the Facility (as hereinafter defined), consisting of: the acquisition and installation of imaging equipment, cardiac monitors, wireless upgrades for IV pumps, boilers and related hospital equipment for use at the Facility; the refunding of all or a portion of the outstanding principal amount of the Cortland County Industrial Development Agency Civic Facility Revenue Bonds, Series 2002 (Cortland Memorial Hospital, Inc. Project) issued in the original principal amount of $20,000,000 for the benefit of the Hospital, the proceeds of which were used, in part, for renovations to the Hospital's existing facility located at 134 Homer Avenue in the City of Cortland, New York (the "Existing Facility"), including renovations and equipping of the Hospital's urgent care service, laboratory, radiology, cardiology and admitting departments; installation of a new elevator and improvements to the HVAC and power system; (ii) construction of an 8,000 square-foot addition to the Existing Facility and the equipping of the same for use as an emergency room (the "ER Addition"); (iii) the acquisition and renovation of a 22,000 square-foot building located at 150-160 Homer Avenue in the City of Cortland, New York and the acquisition and installation of equipment therein for use as additional storage and administrative office space for the Existing Facility (the "Homer Avenue Facility"; and, together with the Existing Facility, the ER Addition and the Homer Avenue Facility, the "Facility"); (iv) the refunding and refinancing of the Cortland County Industrial Development Agency Civic Facility Revenue Bonds (Cortland Memorial Hospital, Inc. Project), Series 1992 in the original principal amount of $11,175,000; and the refunding and refinancing of the Hospital's Revenue Bonds, Series 1992A in the original principal amount of $6,920,000; and the funding a debt service reserve fund, if any, and certain other costs incidental to the issuance of the Bonds, AND WHEREAS, the Issuer proposes to loan the proceeds of the Bonds to the Hospital to assist in the financing of the Project to pay all or a substantial portion of the cost of financing the Project and (ii) pay reserves, if any, and costs incidental to the issuance of the Bonds, AND WHEREAS, pursuant to Section 147(f) of the Code, interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, AND WHEREAS, on January 10, 2013, the Issuer held such a public hearing upon proper notice in compliance with Section 147(f) of the Code, AND WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting the Hospital's application to the Issuer for financial assistance; the notice of public hearing published by the Issuer in the Cortland Standard, along with the affidavit of publication of such newspaper; and the minutes of such public hearing held on January 10, 2013, AND WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Cortland County, New York, within the meaning of Section 147(f)(2)(E) of the Code, 4 ---PAGE BREAK--- desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY LEGISLATURE OF CORTLAND COUNTY: Section 1. For the sole purpose of satisfying the approval requirement of Section 147(f) of the Code, on the recommendation of the Cortland County Budget and Finance Committee, the Legislature hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon. This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 3-13 Appointing Members to the Cortland County Board of Ethics WHEREAS, On August 28, 2008, the Cortland County Legislature adopted Local Law 2 of 2008 “Adopting a County Code of Ethics and Requiring Financial Disclosure by Certain County officials and Employees,” AND WHEREAS, Local Law 2 of 2008 establishes a five-member County Board of Ethics, charged with the general responsibility for ensuring full compliance with the Code of Ethics and disclosure and which shall serve at the pleasure of the Cortland County Legislature, AND WHEREAS, the terms of Joan Henry-Gates, (Res. No. 156-10) and Lori Megivern (Res. No. 343-12) have expired, NOW THEREFORE BE IT RESOLVED, that Lori Megivern, Kohne Road, Cortland, NY 13045, and Joan Henry-Gates, 109 Madison Street, Cortland, are hereby appointed to an additional term to expire 12/31/17. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MS. PRICE RESOLUTION NO. 4-13 5 ---PAGE BREAK--- Authorize Agreement Health Department/Hospice (Auditor) WHEREAS, Caring Community Hospice of Cortland, a division of the Cortland County Health Department, is required to complete a comprehensive annual Medicare Cost Report, AND WHEREAS, Hospice will contract with Caryn Hughes, financial analyst specializing in Hospice Cost Report preparation to compile and analyze data to complete a cost report for a fee not to exceed $2000 maximum, AND WHEREAS, monies for the above service are budgeted in expenditure account A40485.54055, AND WHEREAS, the term for this agreement is January 1, 2013 through December 31, 2013, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement for provision of such service. On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 5-13 Authorize Agreement/Accept Funds Breast & Cervical Cancer Early Detection Program Health Department/Administration/Special Programs WHEREAS, Resolution #301-12 gave the Cortland County Health Department permission to enter into an agreement with Health Research, Inc. to continue the Breast & Cervical Cancer Early Detection Program for the period 6/30/12-6/29/13 which pays for screening and diagnostic services for uninsured and underinsured women in the amount of $23,206, AND WHEREAS, the Cortland County Health Department has been awarded an additional $2,140, AND WHEREAS, these funds are in the 2012/2013 budget in accounts A40105.54500.4007 (Medical Fees & Services) and Revenue Account A401043.43450.4007 (Cancer Services), 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. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 6-13 6 ---PAGE BREAK--- Amend 2013 Budget Amendment Mental Health/Family Counseling (OASAS) WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved additional funding for Family Counseling Services in 2013, in the amount of $106,600.00 for electronic medical records, telephone system, moving, equipment and furniture associated with the merger of Family Counseling Services and 7 Valley CASA, NOW THEREFORE BE IT RESOLVED, that the 2013 county budget be amended as follows: Increase: Expenses: A 43105 54870 4208 FAMILY COUNSELING (OASAS) $106,600.00 Revenues: A431043 43486 4200 NYS OASAS $106,600.00 On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 5 was introduced. Ms. Price said that Seven Valley Counsel on Alcohol and Substance Abuse (7V CASA), is now under the auspices of Family Counseling Services, and the money is being moved from one budget line to another. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 7-13 Authorize Contract/Amend 2013 Budget Mental Health/Seven Valley CASA WHEREAS, Cortland County Community Services Board has entered into an agreement with Family Counseling Services of Cortland County for 2013, AND WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved the merger of Family Counseling Services of Cortland County with Seven Valley Council on Alcoholism and Substance Abuse of Cortland County doing business as Cortland Prevention Resources, AND WHEREAS, New York State Office of Alcoholism and Substance Abuse Services has approved the transfer $143,688.00 in state aid funding from 7 Valley CASA to Family Counseling Services, NOW THEREFORE BE IT RESOLVED that the 2013 Contract between Cortland County Community Services Board and Family Counseling of Cortland County amended to include services previously rendered by 7 Valley Casa, AND BE IT FURTHER RESOLVED, that the 2013 county budget be amended as follows: Increase: Expenses: A 43105 54870 4208 FAMILY COUNSELING (OASAS) $143,688.00 7 ---PAGE BREAK--- Decrease: Expenses: A 43105 54870 4212 7V CASA $143,688.00 The Clerk said that Agenda Item No. 6 is contingent upon the approval of Agenda Item No. 11. On motion of Mr. Fuller, second by Mr. Parker, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 8 Authorize Hangar Lease Building MH-2 Cortland County Airport WHEREAS, Cortland County currently owns, maintains and leases various Hangar buildings and spaces at Cortland County Airport on a basis, AND WHEREAS, in accordance with Local Law No. 5 of 2012, the Airport Manager and the Airport Advisory Board has negotiated with McNeil & Company, 22 Church Street, Cortland, NY 13045 for the lease of a portion of Hangar Building MH-2 at Cortland County Airport, AND WHEREAS, the Airport Advisory Board unanimously approved a motion recommending that the Cortland County Legislature approve the lease of a portion of Hangar MH-2 with McNeil & Company, 22 Church Street, Cortland, NY 13045, containing the following terms and conditions: Rental Rate Schedule:  Year 1 through year 3: $1,000.00 per month.  Optional Year 4, at McNeil & Co’s. sole option w/ 60 day prior notice: $1,100.00 per month.  Optional Year 5, at McNeil & Co’s. sole option, w/ 60 day prior notice: $1,100.00 per month. Terms and Conditions:  McNeil & Company agrees to pay for the cost of materials for the hangar door widening project, estimated to be $5,100.00.  All other terms and conditions of the previous Lease for Hangar MH-2 with McNeil & Co. shall apply , AND WHEREAS, the Highway Committee of the Cortland County Legislature recommends approval of a lease of a portion of Hangar MH-2 at Cortland County Airport to McNeil & Company, 22 Church Street, Cortland, NY 13045, in accordance with the Rental Rate Schedule, and Terms and Conditions as stated above, NOW THEREFORE BE IT 8 ---PAGE BREAK--- RESOLVED, that the Legislature hereby approves the lease of a portion of Hangar MH-2 at Cortland County Airport to McNeil & Company, 22 Church Street, Cortland, NY 13045, in accordance with the Rental Rate Schedule, and Terms and Conditions as stated above, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney as to form, is hereby authorized to execute the necessary Hangar Lease Agreement with McNeil & Company, 22 Church Street, Cortland, NY 13045, for lease of a portion of Hangar MH-2 Building at Cortland County Airport in accordance with the Rental Rate Schedule, and Terms and Conditions as stated above. On motion of Mr. Fuller, Second by Mr. Cornell, Agenda Item No. 6 was introduced. All members voting in favor, none opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 9-13 Amend Budget/Transfer Funds Highway Department/Airport WHEREAS, in order to accommodate McNeil & Company’s new aircraft in Hangar MH-2, it is necessary to extend the width of the MH-2 Hangar door at Cortland County Airport, AND WHEREAS, the estimated project cost for County labor and equipment is $14,900.00, and the estimated project cost for materials is $5,100, AND WHEREAS, McNeil & Company has agreed to pay for the cost of materials for the project, AND WHEREAS, the 2012 Cortland County Airport Budget will have surplus expense monies at the end of the fiscal year, and a portion of said surplus monies can be used to pay for the labor and equipment costs for the project, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves said door widening project at Hangar MH-2 at Cortland County Airport at a cost not to exceed $20,000.00, AND BE IT FURTHER RESOLVED, the additional $5,100.00 payment received from the tenant be realized as revenue in the 2013 Airport Budget, AND BE IT FURTHER RESOLVED, that $14,900.00 is re-appropriated to the 2013 Airport Budget to be used for this project, AND BE IT FURTHER RESOLVED, that the adopted 2013 Airport Budget be and hereby is amended as follows: Increase: Revenue: A 561042.41770 Rental Fees A 359900 Appropriated Fund Balance $ 5,100 $ 14,900) Expense: A 56105.52310 Building Improvements $20,000 9 ---PAGE BREAK--- On motion of Mr. Fuller, second by Mr. Bushnell, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 10-13 Authorize Highway Equipment – Two Pickup Trucks Highway Department WHEREAS, the Highway Committee has approved the purchase of One 2013 Ford F-350 Pickup Truck from the NYS OGS Bid, Contract #PC65855, Group #40451, lot item #16 & One 2013 Ford F- 250 Pickup Truck from the NYS OGS Bid, Contract #PC65855, Group #40451, lot item #10, AND WHEREAS, the Highway Superintendent has recommended the purchase of Two 2013 Ford Pickup Trucks as follows: Ford Pickup Trucks BIDDERS BID Van Bortel Ford, Inc. $22,957.29 71 Marsh Rd. $19,001.10 East Rochester, New York 14445 , AND WHEREAS, the amount is not to exceed $41,958.39, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account DM 51305.52035, Highway Equipment Account for the purchase of Two 2013 Ford Pickup Trucks. On motion of Mr. Fuller, second by Mr. Bushnell, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF FULLER RESOLUTION NO. 11-13 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, 2013 to August 31, 2014 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 10 ---PAGE BREAK--- WHEREAS, the NYSOGS requires Cortland County to purchase a minimum of 70% of the 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 2013 and 2014 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, 2013 to August 31, 2014 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. On motion of Mr. Fuller, second by Mr. Spaulding, Agenda Item No. 9 was introduced. Highway Superintendent Don Chambers said the engineering phase of this project began as a reconstruction Federal Aid Project, during which time NYS changed its program to provide more for preservation projects, rather than reconstruction projects. He said money is available in the 2013 budget for culvert replacement and other necessary portions of the project, and now with the new requirements, paving, guide rails and signage will be paid for with the federal/state funds in 2014. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 12-13 Approve Contract For Engineering Truxton-Tully Road/Highway Department WHEREAS, the Reconstruction of Truxton-Tully Road (C.R. 150) between Edwards State Route 13 (PIN 3755.45) has been approved by the New York Department of Transportation and the design portion of the project shall be funded with 80% Federal funds & 20% County funds, AND WHEREAS, the Reconstruction of Truxton-Tully Road (CR 150) (PIN 3755.45) was approved by Resolution # 69-11, AND WHEREAS, C&S Engineers, Inc. has been selected to perform the design services on said project, AND WHEREAS, Resolution 229-11 was passed authorizing a contract with C & S Engineers for design services on the project for an amount not to exceed $397,530.00, AND WHEREAS, $152,403.11 of the amount authorized by Resolution 229-11 has been paid to C & S Engineers for design services on the project to date, AND WHEREAS, the scope of services for said agreement has been changed to the Reconstruction of the Truxton Tully Road, from State Route 13 to the Cortland County Line, AND 11 ---PAGE BREAK--- WHEREAS, the New York State Department of Transportation has approved the new scope of services under the same Master Agreement, AND WHEREAS, the change in the scope of services has made it necessary to terminate said agreement with C & S Engineers authorized by Resolution 229-11 and enter into a new agreement with C & S Engineers, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized and directed to execute a contract with C&S Engineers, Inc., 499 Col. Eileen Collins Blvd., Syracuse, New York 13212 for further design services on the project, at an estimated cost not to exceed $ 110,000.00, AND BE IT FURTHER RESOLVED, that the project costs be charged to Account H51125 52600 5126. On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 13-13 Transfer Ownership of Vehicles/Amend Budget – Highway Department WHEREAS, the Cortland County Highway Department has a surplus of vehicles, AND WHEREAS, the Cortland County Department of Social Services has expressed a need for replacement vehicles, AND WHEREAS, the County Highway Department has estimated the value of two 2007 Chevrolet Malibus (#375 & #376) cars and one 2008 Chevrolet Impala (#378), at $20,000.00, AND WHEREAS, the transfer of ownership of said vehicles will be in the best interest of the County NOW THEREFORE BE IT RESOLVED, that the ownership of the said Chevrolet automobiles is hereby transferred from Cortland County Highway Department to the Cortland County Department of Social Services, AND BE IT FURTHER RESOLVED, that the proceeds from said transfer of ownership shall be deposited in account #E513042.42665, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be amended as follows: Increase: Revenue E513042.42665 Sale of Equipment $ 20,000.00 Expense E51305.52035 Highway Equipment $20,000.00 12 ---PAGE BREAK--- See Agenda Item No. 11 above. On motion of Mr. Pace, second by Mr. Spaulding, Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. PACE RESOLUTION NO. 14-13 Re-Appropriate Funds/Amend 2013 Budget Tobacco Asset Securitization Corporation Funds County Legislature WHEREAS, Resolution 155-12 accepted funds from the Cortland County Tobacco Asset Securitization Corporation, AND WHEREAS, said funds were not expended in 2012, NOW THEREFORE BE IT RESOLVED, that the 2013 Budget be amended as follows: Increase: Expense: Account A10105 54055 Professional Services Account A10105 54075 Technical Equipment Account A10105 54005 Office Supplies $ 5,000.00 $ 2,500.00 $20,000.00 On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PACE RESOLUTION NO. 15-13 Deferred Compensation Committee Resolution to Amend and Restate the Model Plan WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of Cortland County (the "Model Plan") and offers the Model Plan for adoption by local employers, AND WHEREAS, Cortland County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Cortland County, AND WHEREAS, effective August 26, 2011 the Board amended the Model Plan to adopt provisions: • Reorganizing and updating sections to improve the overall readability and eliminate unnecessary numerical references (annual limits) from the Model Plan document. • Including employer elections within the plan document including: suspension of deferrals following 13 ---PAGE BREAK--- an unforeseeable emergency withdrawal, automatic distributions from small and inactive accounts, loan design parameters and Roth deferrals and in-plan conversions are permissive. The Model Plan document includes a Schedule A where the employer may indicate the election of one or more of these provisions. • Clarifying the first date a participant may make deferrals in compliance with Code Section 457(b) and timing requirements for any subsequent changes to deferral rates or allocations between pre-tax and after-tax deferrals. • Clarifying compensation available for deferral for purposes of calculating contributions and recognizes that employers use various methods in determining the order of deductions taken before a deferral percentage is applied. • Including provisions related to HEART Act of 2008 regarding treatment of differential pay and qualifying distributions for active military service in compliance with the HEART Act, including suspension of deferrals for six months following distribution. • Making technical recognition of the waiver of RMDs for 2009. • Clarifying that a beneficiary form must be received in good order to be considered valid. • Clarifying that the Model Plan will only accept rollovers from Eligible Retirement Plans comprised of pre-tax amounts and amounts may be rolled in by participants, beneficiaries (other than inherited accounts) and alternate payees. Model Plans may roll account balances out to Eligible Retirement Plans that include post-tax amounts if the receiving plan separately accounts for them. • Clarifying that a beneficiary of a deceased participant may roll a distribution directly to a Roth IRA, in addition to plan participants. • Including language allowing for future delivery of participant communications through electronic means, where appropriate. • Codifying that periodic and lump sum payments must be a minimum of $100 per payment, unless the Committee selects a different minimum, and sets a maximum annual number of partial distributions. • Clarifying that the $50,000 loan limit includes the highest loan value in the last twelve months from the Model Plan and other employer plans. Regarding participants who have defaulted on a Plan loan, subsequent loans would not be allowed until defaulted loan is repaid. Removes requirement that a participant must wait until the term of the original loan expires before applying for a new loan, assuming the defaulted loan is repaid. • Providing guidance on the handling of the receipt of special proceeds such as SEC settlements payable to former participants. • Allowing a surviving spouse beneficiary to name a beneficiary on their account. • Including the 5 year option for non-spousal beneficiaries to receive distributions and makes distribution rules consistent for pre- and post-age 70½ deaths. 14 ---PAGE BREAK--- • Allowing earlier distributions due to severance of employment as long as a balance of $500 remains in the account for 45 days after a severance from employment. • Providing that outstanding loans from another New York state 457(b) plan may be allowed to be transferred or rolled in with a full account transfer. • Removing the Power of Attorney Language since the acceptance of a power of attorney is governed by State law and not required in the Model Plan document. • Clarifying the requirement that Committee actions must be taken at a public meeting in accordance with Article 7 of the Public Officers Law. • Limiting indemnification to Committee Members only , AND WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, [Name of Local Employer] has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of [Name of Local Employer] by adopting the amended Model Plan, NOW THEREFORE BE IT RESOLVED, that Cortland County hereby amends the Deferred Compensation Plan for Employees of Cortland County by adopting the amended Model Plan effective August 26, 2011, including the optional provisions in Schedule A, in the form attached hereto as Exhibit A. 15 ---PAGE BREAK--- Plan Document for the DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF CORTLAND COUNTY1 (Amended and Restated as of August 26, 2011) [Amended and Restated as of August 26, 2011] 1 A Public Employer that is not a participating employer in the Deferred Compensation Plan for Employees of the State of New York and Other Participating Jurisdictions or the sponsor of any other eligible deferred compensation plan under Section 457 of the Code applicable to governmental employers described in Section 457(e)(1)(B) of the Code may adopt this Plan by complying with the procedures set forth in the Regulations. The Effective Date is the date of adoption of this Plan or of this Amendment and Restatement of the Plan. The Employer should delete this footnote from the adopted Plan document. 16 "EXHIBIT A" ---PAGE BREAK--- Deferred Compensation Plan for Employees of Cortland County Plan Document TABLE OF CONTENTS Page Section 1 Definitions 19 Section 2 Participation 24 Section 3 Amounts Deferred or Contributed 24 Section 4 Investment of Amounts Deferred or Contributed and Rollover Contributions 27 Section 5 Rollovers 29 Section 6 Accounts and Records of the Plan 31 Section 7 Withdrawals for Unforeseeable Emergencies; Withdrawals of Small Amounts; Loans 33 Section 8 Distributions from the Plan and other Eligible Retirement Plans 35 Section 9 Designation of Beneficiaries 40 Section 10 Qualified Domestic Relations Orders 41 Section 11 Administration 41 Section 12 Amendment or Termination 44 Section 13 General Limitations and Provisions 44 Schedule A S-1 17 ---PAGE BREAK--- Deferred Compensation Plan for Employees of Cortland County Plan Document PURPOSE The purpose of the Plan is to encourage Employees to make and continue careers with the Employer by providing Employees with a convenient way to save on a regular and long-term basis and thereby provide for their retirement as set forth herein. The Employer adopted this Plan by complying with the procedures set forth in the Regulations. A Participant’s benefit under the Plan is limited to the Plan Benefit, and the value of the Plan Benefit will depend upon the investment results achieved by the Investment Options in which the Participant chooses to invest. Each Participant shall be 100 percent vested at all times in his or her Plan Benefit in accordance with the terms of the Plan. In accordance with Section 457 of the Code, all amounts of Compensation deferred or contributed under the Plan, all property and rights purchased with such amounts and all income attributable to such amounts, and all other property and rights are held in trust for the exclusive benefit of Participants and their Beneficiaries and Alternate Payees pursuant to the Trust Agreement. The Plan and the Trust Agreement are intended to satisfy the requirements for an eligible deferred compensation plan under Section 457 of the Code applicable to governmental employers described in Section 457(e)(1)(B) of the Code, and shall be construed and administered accordingly. To the extent that any term of the Plan is inconsistent with the provisions of Section 457 of the Code applicable to governmental employers, the inconsistent term shall, to the fullest extent possible, be treated for all purposes of the Plan as amended or reformed to conform to the applicable provisions of Section 457 of the Code. Except as otherwise provided herein, this amendment and restatement of the Plan is effective as of the Effective Date. 18 ---PAGE BREAK--- DEFINITIONS When used herein, the following terms shall have the following meanings: 1.1 “Account” means each separate account established and maintained for an Account Participant under the Plan, including, as applicable, each Before-Tax Deferral Account, Roth Account (if applicable), Rollover Account, Alternate Payee Account and Beneficiary Account. 1.2 “Account Participant” means each Participant, Beneficiary, Surviving Spouse, Alternate Payee or other individual with an Account. 1.3 “Administrative Service Agency” means an Administrative Service Agency as defined in the Regulations selected by the Committee to provide services in respect of the Plan. 1.4 “Alternate Payee” means any spouse, former spouse, child or other dependent of a Participant who is recognized by a Qualified Domestic Relations Order as having a right to receive all, or a portion of, the Plan Benefit with respect to such Participant. 1.5 “Alternate Payee Account” means the Account established for an Alternate Payee pursuant to a Qualified Domestic Relations Order. 1.6 “Amounts Deferred or Contributed” means the aggregate of Compensation deferred or contributed by a Participant pursuant to Sections 0 and 0, including Before-Tax Deferrals and Roth Contributions (if applicable). 1.7 “Before-Tax Deferral Account” means the Account or Accounts established under the Plan to record a Participant’s Before-Tax Deferrals, and the income, gains and losses credited thereto. A Beneficiary Account or Alternate Payee Account corresponding to the deceased or relevant Participant’s Before-Tax Deferrals may also be referred to as a Before-Tax Deferral Account. 1.8 “Before-Tax Deferrals” means that part of a Participant’s Compensation which is deferred into the Plan and is not includable in the Participant’s taxable income which, in the absence of a Participant’s election to defer such Compensation under Section 0, would have been paid to the Participant and would have been includable in the Participant’s taxable income. 1.9 “Beneficiary” means the beneficiary or beneficiaries designated by a Participant or Surviving Spouse of a Participant pursuant to Section 9 to receive the amount, if any, payable under the Plan upon the death of such Participant or Surviving Spouse. 1.10 “Beneficiary Account” means the Account established for a Beneficiary in accordance with Section 0. 1.11 “Business Day” means, subject to Section 0, any day (measured in accordance with State time) on which the New York Stock Exchange is open for the trading of securities. 1.12 “Code” means the Internal Revenue Code of 1986, as now in effect or as hereafter amended, and the applicable Treasury Regulations and rulings thereunder. All citations to sections of the Code are to such sections as they may from time to time be amended or renumbered. 19 ---PAGE BREAK--- 1.13 “Committee” means the Deferred Compensation Committee appointed by the Employer in accordance with the Regulations to act on behalf of Employer to administer the Plan. 1.14 “Compensation” means: all compensation for services to the Employer, including salary, wages, fees, commissions and overtime pay that is includible in the Employee’s gross income for each Plan Year under the Code; any differential wage payments defined in Code Section 3401(h)(2) pursuant to the HEART Act; and any accumulated sick pay, accumulated vacation pay and back pay paid to a Participant by his or her Employer, provided that such accumulated sick pay, accumulated vacation pay and back pay is received by the Plan in accordance with the timing requirements of the Treasury Regulations promulgated under Section 457 of the Code. 1.15 “Distributee” means an Employee or former Employee, the Surviving Spouse of an Employee or former Employee and the spouse or former spouse of an Employee or former Employee, but only to the extent such spouse or former spouse is an Alternate Payee under a Qualified Domestic Relations Order and only with regard to the interest of such spouse or former spouse. 1.16 “Distribution Waiting Period” means 45 days following a Participant’s Severance from Employment, or, to the extent that the Committee has designated a different Distribution Waiting Period under Section 0 of Schedule A, the Distribution Waiting Period as set forth in Section 0 of Schedule A. 1.17 “Earliest Retirement Date” means the earlier of the date on which the Participant Severs from Employment or the date the Participant attains age 50. 1.18 “Effective Date” means 8-26-2011.2 1.19 “Eligible Retirement Plan” means: an individual retirement account described in Section 408(a) of the Code; an individual retirement annuity described in Section 408(b) of the Code; a qualified trust under Section 401(a) or 401(k) of the Code; an annuity contract or custodial account described in Section 403(b) of the Code; an eligible deferred compensation plan described in Section 457 of the Code that is maintained by a state, political subdivision of a state, any agency or instrumentality of a state or political subdivision of a state; and a Roth IRA. 2 Insert the date upon which the Employer adopted this amended and restated Plan. The Employer should delete this footnote from the adopted Plan document. 20 ---PAGE BREAK--- 1.20 “Eligible Rollover Distribution” means all or any portion of the balance of the Plan to the credit of a Distributee or a Beneficiary of a Participant, except that an Eligible Rollover Distribution shall not include any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee’s Beneficiary or (ii) for a specified period of ten years or more, any distribution to the extent such distribution is required under Section 401(a)(9) of the Code, or any distribution due to an Unforeseeable Emergency. 1.21 “Employee” means any individual who receives Compensation for services from the Employer, including any elected or appointed officer or employee of the Employer, and any employee who is included in a unit of employees covered by a negotiated collective bargaining agreement that specifically provides for participation in the Plan. An Employee shall not include an independent contractor, a consultant or any other individual classified by the Employer as not eligible to participate in the Plan. 1.22 “Employer” means Cortland County.3 1.23 “Enrollment Date” means, with respect to an Employee who is eligible to enroll or be enrolled in the Plan, any payroll date on which such Employee receives Compensation, or such other date or dates as the Administrative Service Agency may establish either in lieu of, or in addition to, such dates. 1.24 “Financial Organization” means a Financial Organization as defined in the Regulations selected by the Committee to provide services in respect of the Plan. 1.25 “HEART Act” means the Heroes Earnings Assistance and Relief Tax Act of 2008. 1.26 “Includible Compensation” means “includible compensation” as defined in Section 457(e)(5) of the Code. 1.27 “Investment Fund” means each of the investment funds made available by the Committee through the Plan in accordance with Section 0. 1.28 “Investment Option” means each of the Investment Funds and each other investment option made available by the Committee through the Plan in accordance with Section 0. 1.29 “Loan Grace Period” means 90 days following the due date of a Participant’s scheduled repayment of his or her Plan loan, or, to the extent that the Committee has designated a shorter Loan Grace Period under Section 0 of Schedule A, the Loan Grace Period as set forth in Section 0 of Schedule A. 1.30 “Maximum Annual Number of Partial Distributions” means twelve partial lump sum payments per Plan Year, or, to the extent that the Committee has designated a different Maximum Annual Number of Partial Distributions under Section 0 and 0 of Schedule A, the Maximum Annual Number of Partial Distributions as set forth in Section 0 and 0 of Schedule A. 1.31 “Minimum Installment Amount” means $100, or, to the extent that the Committee has designated a different Minimum Installment Amount under Section 0 of Schedule A, the Minimum Installment Amount as set forth in Section 0 of Schedule A. 3 Insert the name of the Public Employer adopting this amended and restated Plan. The Employer should delete this footnote from the adopted Plan document. 21 ---PAGE BREAK--- 1.32 “Minimum Lump Sum Amount” means $100, or, to the extent that the Committee has designated a different Minimum Lump Sum Amount under Section 0 and 0 of Schedule A, the Minimum Lump Sum Amount as set forth in Section 0 and 0 of Schedule A. 1.33 “Normal Retirement Age” means any age designated by a Participant within the following parameters: beginning no earlier than the earliest age at which the Participant has the right to retire under the basic pension plan, if any, in which the Participant participates in connection with his or her service to the Employer and to receive immediate retirement benefits without actuarial or similar reduction because of retirement before some later age specified in such basic pension plan or, in the case of a Participant who does not participate in such basic pension plan, no earlier than age 65, and (ii) ending no later than age 70½. Notwithstanding the previous sentence, a Participant who is a qualified police officer or firefighter (as defined under Section 415(b)(2)(H)(ii)(I) of the Code) may designate a Normal Retirement Age that is earlier than the earliest Normal Retirement Age described above, but in no event may such Normal Retirement Age be earlier than age 40. Notwithstanding anything in the Plan to the contrary, a Participant’s designation of a Normal Retirement Age shall not control the date that payment of such Participant’s benefits shall commence pursuant to Section 8. 1.34 “Participant” means an Employee or former Employee who is not deceased and who has an Account or Rollover Account under the Plan. 1.35 “Participation Agreement” means an agreement in writing or in such other form approved by the Committee, pursuant to which the Employee elects to reduce his or her Compensation for future Enrollment Dates and to have amounts deferred or contributed into the Plan on his or her behalf in accordance with the terms of the Plan. 1.36 “Plan” means the Deferred Compensation Plan for Employees of the Employer, as the same may be amended from time to time. 1.37 “Plan Benefit” has the meaning set forth in Section 0. 1.38 “Plan Year” means the calendar year. 1.39 “Qualified Domestic Relations Order” means any judgment, decree or order, including, approval of a property settlement agreement, that has been determined by the Administrative Service Agency to meet the requirements of a qualified domestic relations order within the meaning of Section 414(p) of the Code. 1.40 “Qualified Roth Contribution Program” means a qualified Roth contribution program as defined in Section 402A of the Code. 1.41 “Regulations” means the rules and regulations promulgated by the Deferred Compensation Board of the State of New York pursuant to Section 5 of the State Finance Law, as the same may be amended from time to time. 1.42 “Required Beginning Date” means April 1 of the calendar year following the later of the calendar year in which the Participant: attains age 70½, or Severs from Employment. 1.43 “Review Committee” means the committee designated to review claims to rights or benefits under the Plan in accordance with Section 0 and requests for Unforeseeable Emergency withdrawals under Section 7. 22 ---PAGE BREAK--- 1.44 “Rollover Account” means the Account or Accounts established and maintained in respect of a Participant or a Beneficiary who is a Participant’s Surviving Spouse or, if applicable, by a spousal Alternate Payee pursuant to Section 0. 1.45 “Rollover Contribution” means the amount contributed by a Participant or a Beneficiary to a Rollover Account or, if applicable, by an Alternate Payee to an Alternate Payee Account, in accordance with Section 0 that the Administrative Service Agency has determined would qualify as an Eligible Rollover Distribution, other than a distribution consisting of contributions to a Roth IRA, and which the Administrative Service Agency has determined may be contributed. 1.46 “Roth Account” means the Account or Accounts established under the Plan to record a Participant’s Roth Contributions, and the income, gains and losses credited thereto. A Beneficiary Account or Alternate Payee Account corresponding to the deceased or relevant Participant’s Roth Contributions may also be referred to as a Roth Account. 1.47 “Roth Contributions” means amounts contributed pursuant to Section 0 by a Participant to the extent that the Committee has resolved to implement a Roth Program to Section 0 of Schedule A, which amounts are: designated irrevocably by the Participant at the time of the contribution election as Roth Contributions that are being made from Compensation pursuant to Section 0; and treated by the Employer as includible in the Participant’s income at the time the Participant would have received that amount in Compensation. 1.48 “Roth IRA” has the meaning set forth in Section 408A of the Code. 1.49 “Roth Program” means a Qualified Roth Contribution Program within the Plan. 1.50 “Section 457 Transfer” means a transfer made into an Account pursuant to Section 0. 1.51 “Severance from Employment” or “Severs from Employment” means a severance from employment with the Employer within the meaning of Section 457 of the Code. 1.52 “State” means the State of New York. 1.53 “Surviving Spouse” means the survivor of a deceased Participant to whom such Participant was legally married on the date of the Participant’s death. 1.54 “Treasury Regulations” means the regulations promulgated by the Treasury Department under the Code, as now in effect or as hereafter amended. All citations to sections of the Treasury Regulations are to such sections as they may from time to time be amended or renumbered. 1.55 “Trust Agreement” means an agreement entered into in respect of the Plan between the Committee and one or more Trustees pursuant to which all cash and other rights and properties and all income attributable to such cash and rights and properties are held in trust as such agreement may be amended from time to time. 1.56 “Trust Fund” means the assets of the Plan, including cash and other rights and properties arising from Amounts Deferred or Contributed, Section 457 Transfers and Rollover Contributions which are held and administered by the Trustee pursuant to the Trust Agreement. 23 ---PAGE BREAK--- 1.57 “Trustee” means the trustee or trustees acting as such under the Trust Agreement, and any successors thereto. 1.58 “Unforeseeable Emergency” means a severe financial hardship to the Participant resulting from a sudden and unexpected illness or accident of the Participant or Beneficiary, the Participant’s or Beneficiary’s spouse, or the Participant’s or Beneficiary’s dependent, (ii) loss of the Participant’s or Beneficiary’s property because of casualty, or (iii) other similar extraordinary or unforeseeable circumstances arising as a result of events beyond the control of the Participant or Beneficiary. 1.59 “Unit” means a unit measuring the value of an Account Participant’s proportionate interest in an Investment Fund. 1.60 “USERRA” means the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 contained in chapter 43 of title 38 of the United States Code. 1.61 “Valuation Date” means each Business Day unless otherwise provided in the Plan or in an agreement between the Committee and a Financial Organization. PARTICIPATION Enrollment. Eligibility and Enrollment. Each Employee shall be eligible to participate in the Plan as of any Enrollment Date following the date he or she becomes an Employee, and shall commence such participation in the Plan by duly filing a Participation Agreement and any enrollment forms or other pertinent information concerning the Employee and his or her Beneficiary with the Administrative Service Agency in a manner as prescribed by the Committee. With the exception of Participation Agreements filed on or before an Employee’s first day of service, no Participation Agreement shall be effective before the first Enrollment Date in the calendar month following the month in which the Participation Agreement is filed with the Administrative Service Agency. Initial Enrollment and Subsequent Changes. Each Employee enrolling in the Plan shall provide to the Administrative Service Agency, in a complete and timely manner, at the time of initial enrollment and thereafter if there are any changes, with such information that the Administrative Service Agency determines is necessary or advisable for the administration of the Plan or to comply with applicable law. With the exception of Participation Agreements filed on or before an Employee’s first day of service, no Participation Agreement or amendment or modification thereto shall be effective before the first Enrollment Date in the calendar month following the month in which the Participation Agreement or such amendment or modification is filed with the Administrative Service Agency. Voluntary Participation. Participation in the Plan by Employees shall be voluntary. Cessation of Participation. The participation of an Account Participant shall cease upon payment to the Account Participant of the entire value of his or her Plan Benefit or upon the Account Participant’s death prior to such payment. Corrective Action. If an individual is erroneously included or excluded from participation, corrective action will be taken as soon as administratively practicable to correct such erroneous inclusion or exclusion. AMOUNTS DEFERRED OR CONTRIBUTED 24 ---PAGE BREAK--- Participant Deferral and Contribution Authorization. Initial Authorization. A Participant may elect to defer or contribute Compensation under the Plan by authorizing, on his or her Participation Agreement, regular payroll deductions that do not individually or in the aggregate exceed the limitations of Section 0. Unless otherwise designated under Section 0, any Amounts Deferred or Contributed under this Section 0 shall be treated as Before-Tax Deferrals. Any initial deferral election shall be effective as soon as administratively practicable, subject to the timing requirements set forth in Sections 2.10 and 2.10. Modifications. A Participant may increase or decrease the rate of deferral or contribution of his or her Compensation, and may make separate elections with respect to the increase or decrease of the rate of his or her Before-Tax Deferrals and Roth Contributions (to the extent applicable), within the limitations set forth in Section 0, as of any Enrollment Date by duly filing a new or modified Participation Agreement, or such other form authorized for such purpose by the Committee, with the Administrative Service Agency, which shall be effective as soon as administratively practicable, subject to the timing requirements set forth in Sections 2.10 and 2.10. Roth Contributions. To the extent that the Committee has resolved on or after January 1, 2011 to implement a Roth Program pursuant to Section 0 of Schedule A, a Participant shall be permitted to make Roth Contributions from his or her Compensation by designating a percentage of his or her initial authorization or modified authorization described in Sections 0 and 0 as Roth Contributions, which designation shall be effective as soon as administratively practicable for all future payroll periods until modified or suspended, subject to the timing requirements set forth in Sections 2.10 and 2.10. For the avoidance of doubt, to the extent that the Committee has not resolved to implement a Roth Program pursuant to Section 0 of Schedule A, Participants shall not be permitted to make Roth Contributions and any provisions of the Plan as they relate to Roth Contributions, Roth Accounts, Rollover Contributions from Qualified Roth Contribution Programs and in-Plan rollovers into Roth Accounts shall not apply. Discontinuance or Suspension. A Participant may discontinue or temporarily suspend his or her deferrals or contributions, and may make separate elections with respect to the discontinuance or suspension of his or her Before-Tax Deferrals and Roth Contributions (to the extent applicable), as of any specified Enrollment Date by giving notice thereof to the Administrative Service Agency. The Administrative Service Agency shall discontinue or suspend the deferral or contribution of Compensation as soon as administratively practicable, subject to the timing requirements set forth in Sections 2.10 and 2.10. Deferrals and Contributions After a HEART Act Distribution or Unforeseeable Emergency Withdrawal. A participant’s deferrals and contributions will be suspended for a period of six months following a distribution pursuant to the Section 414(u)(12)(B)(i) of the Code and, to the extent that the Committee has resolved to implement a suspension of deferrals after an Unforeseeable Emergency withdrawal pursuant to Section 0 of Schedule A, after a distribution due to an Unforeseeable Emergency withdrawal. General Deferral and Contribution Limitations and Catch-Up Limitations. In General. The aggregate amount of Before-Tax Deferrals and Roth Contributions (to the extent applicable) that may be deferred or contributed by a Participant for any pay period shall be a minimum of $10 and shall not exceed the lesser of: An amount as may be permitted pursuant to Section 457(e)(15) of the Code, and 100% of the Participant’s Includible Compensation for the Plan Year; 25 ---PAGE BREAK--- provided, however, the maximum amount that a Participant may defer or contribute for any Plan Year may be calculated after accounting for mandatory and permissive payroll deductions, as reasonably determined by the Employer. 457 Catch-Up. Notwithstanding the limitation in Section 0, a Participant may file an election in the manner required by the Administrative Service Agency to have the catch-up limitation as set forth in Section 0 apply to the determination of the maximum amount that may be deferred or contributed during one or more of the last three Plan Years ending before attainment of the Participant’s Normal Retirement Age. If the catch-up limitation is elected, the maximum aggregate amount of Before-Tax Deferrals and Roth Contributions (to the extent applicable) that may be deferred or contributed for each of the Plan Years covered by the election shall not exceed the lesser of: twice the dollar amount set forth in Section 0; and the sum of the limitations provided for in Section 0 for each of the Plan Years the Participant was eligible to participate in the Plan, minus the aggregate amount actually deferred or contributed for such Plan Years (disregarding any amounts deferred or contributed pursuant to Section A Participant may not elect to have Section 0 apply more than once, whether or not the Participant rejoins the Plan after a Severance from Employment. Age 50 Catch-Up. All Participants who have attained age 50 before the close of a Plan Year and who are not permitted to defer or contribute additional Compensation pursuant to Section 0 for such Plan Year, due to the application of any limitation imposed by the Code or the Plan, shall be eligible to make additional catch-up contributions in the form of Before-Tax Deferrals, Roth Contributions or a combination thereof in accordance with, and subject to, the limitations of Section 0 of the Plan and Section 414(v) of the Code. Age 50 catch-up contributions pursuant to Section 0 shall not exceed the lesser of: the excess of 100% of Participant’s Includible Compensation for the Plan Year over the sum of any other Amounts Deferred or Contributed by the Participant for such Plan Year; and an amount as may be permitted by Section 414(v)(2)(B) of the Code. Dual Eligibility. Notwithstanding anything in Sections 0 and 0 to the contrary, if a Participant who is eligible to make an additional catch-up contribution under Section 0 for a Plan Year in which the Participant has elected to make a catch-up contribution under Section 0, such Participant is entitled to the greater of: the 457 catch-up contribution amount under Section 0; and the age 50 catch-up contribution amount under Section 0. USERRA. Notwithstanding the limitation provided for in Section 0, any Participant who is entitled to reemployment rights pursuant to USERRA and who is so reemployed in accordance with the provisions of such law may elect to make such additional deferrals or contributions as are permitted or required by USERRA. 26 ---PAGE BREAK--- Excess Deferrals and Contributions. In the event that any Amounts Deferred or Contributed under the Plan for any Plan Year exceed the limitations provided for in Section 0, any such excess deferrals or contributions shall be distributed to the Participant, with allocable net income, in the following order (unless otherwise directed by the Participant): first, from Before-Tax Deferrals and second, from Roth Contributions (to the extent applicable), as determined in accordance with methods and procedures established by the Administrative Service Agency as soon as practicable after the Administrative Service Agency determines that the amount was an excess deferral or contribution. Distributions under Section 0 will be reportable as taxable income to the extent required by applicable law. INVESTMENT OF AMOUNTS DEFERRED OR CONTRIBUTED AND ROLLOVER CONTRIBUTIONS Remittance of Deferrals and Contributions. All Amounts Deferred or Contributed in accordance with Section 3 shall be paid by the applicable Employer as as possible, but in no event later than two Business Days from the applicable payroll date, to the Trust Fund. Thereafter, Amounts Deferred or Contributed shall be invested by the Trustee in accordance with the investment instructions received by the Trustee from the Administrative Service Agency, within two Business Days following receipt by the Trust Fund of such Amounts Deferred or Contributed (or, if later, on the first Business Day coincident with or immediately following receipt by the Trustee of the investment instructions from the Administrative Service Agency related to such Amounts Deferred or Contributed). All such Amounts Deferred or Contributed shall be invested by the Trustee (in accordance with the investment instructions received from the Administrative Service Agency) in the Investment Options provided by one or more Financial Organizations appointed by the Committee in accordance with the Regulations, and shall be held, managed, invested and reinvested in accordance with the applicable agreement entered into by the Committee or the Trustee with each such Financial Organization. Allocation of Deferrals and Contributions. A Participant who has enrolled in the Plan pursuant to Section 2 shall, by filing a direction with the Administrative Service Agency in writing or in such other manner as the Committee may authorize, specify the percentage (in multiples of one percent) of his or her Amounts Deferred or Contributed, that shall be allocated to each Investment Option made available by the Committee. A Participant’s investment allocation elections shall be applied in the same manner to both Before-Tax Deferrals and Roth Contributions (to the extent applicable). Continuation of Deferral and Contribution Allocation. Any deferral and contribution allocation direction given by a Participant shall be deemed to be a continuing direction until changed by the Participant. A Participant may change his or her deferral and contribution allocation direction with respect to future Amounts Deferred or Contributed, as of any Enrollment Date, by giving notice in writing or in such other manner as the Committee may authorize to the Administrative Service Agency prior to any Enrollment Date. Any change to a Participant’s deferral and contribution allocation direction shall be applied in the same manner to both Before-Tax Deferrals and Roth Contributions (to the extent applicable). All such future deferrals and contributions shall be invested by the Trustee in the Investment Options in accordance with such changed direction. Transfer of Assets Among Investment Options. Transfer of Assets. As of any Valuation Date an Account Participant may direct the Administrative Service Agency, by giving notice in writing or in such other manner as the Committee may authorize, to liquidate his or her interest in any of the Investment Options and transfer the proceeds thereof to one or more other Investment Options in the proportions directed by such Participant. Account Participants may make separate transfer directions for their Before-Tax Deferral Accounts and Accounts relating to Rollover Contributions involving before-tax deferrals and their Roth Accounts and Accounts relating to Rollover 27 ---PAGE BREAK--- Contributions involving Roth contributions (to the extent applicable). Such direction must be made in accordance with the requirements and procedures established by the Committee and in effect at the time and in a multiple of one percent or one dollar increments of the Account Participant’s interest in the applicable Investment Option. Committee’s Right to Reduce or Deny Transfer Request. If the Trustee or any Financial Organization appointed by the Committee advises the Committee, or the Committee otherwise determines, that it is not reasonably able to prudently liquidate the necessary amount and transfer it from one of the Investment Options to another, the amount to be transferred with respect to each Account Participant who duly requested such a transfer may be reduced in proportion to the ratio which the aggregate amount that the Trustee or the Financial Organization has advised the Committee may not prudently be so transferred bears to the aggregate amount that all Account Participants have duly requested be so transferred. Regardless of any Account Participant’s investment direction, no transfer between Investment Options may be made in violation of any restriction imposed by the terms of the agreement between the Committee or the Trustee and a Financial Organization providing any Investment Option or of any applicable law. Notwithstanding anything in this Section 0 or the Plan to the contrary, the Committee, the Trustee or the Financial Organization shall have the right, without prior notice to any Account Participant, to suspend, for a limited period of time, daily transfers between and among Investment Options for one or more days if the Committee, the Trustee or the Financial Organization determines that such action is necessary or advisable in light of unusual market conditions, (ii) in response to technical or mechanical problems with the Plan’s or the Administrative Service Agency’s record keeping systems, (iii) in connection with any suspension of normal trading activity on the New York Stock Exchange or other major securities exchange, (iv) as a result of strikes, work stoppages, acts of war or terrorism, insurrection, revolution, nuclear or natural catastrophes or other similar events, losses or interruptions of power, other utility outages or malfunctions, or malfunctions in communications or computer services, in each case, that make it necessary or advisable to suspend trading activity, or in accordance with Section 0. Administrative Actions with Regard to Investment Directions. The Administrative Service Agency shall have the right to decline to implement any investment direction upon its determination that: the person giving the direction is legally incompetent to do so; (ii) implementation of the investment direction would be contrary to the Plan or applicable law or governmental ruling or regulation including, Treasury Regulations; (iii) implementation of the investment direction would be contrary to a court order, including, a Qualified Domestic Relations Order; (iv) implementation of the investment direction would be contrary to the rules, regulations or prospectuses of the Investment Funds; or implementation of the investment direction would be contrary to the investment guidelines or terms of any agreements applicable to the Stable Value Fund or any similar Investment Fund then available under the Plan. Account Participant Responsibility for Deferrals, Contributions and Investment Allocations. Each Participant is solely responsible for the allocation of his or her Amounts Deferred or Contributed, and each Account Participant is solely responsible for the investment allocation of his or her Account, in each case, in and among the Investment Options. Each Account Participant shall assume all risk in connection with the allocation of amounts in and among the Investment Options and for any losses incurred or deemed to be incurred as a result of the Account Participant’s allocation or failure to allocate any amount to an Investment Option or any decrease in the value of any Investment Option. Neither the Committee, any Trustee, any Employer nor the Administrative Service Agency is empowered to advise a Participant as to the manner in which the Account Participant’s Account shall be allocated among the Investment Options. The fact that a particular Investment Option is available to Participants for investment under the Plan shall not be construed by any Account Participant as a recommendation for investment in such Investment Option. If the Committee elects to make available investment guidance services or investment advice services to Account Participants, such services shall be utilized only at the voluntary election of the Account Participant and shall not limit the 28 ---PAGE BREAK--- Account Participant’s responsibility under Section 0 for the allocation of his or her Accounts in and among the Investment Options. Investment Allocation of Alternate Payee Accounts. Notwithstanding any other provision of the Plan, during any period when an Alternate Payee Account is created and segregated on behalf of an Alternate Payee pursuant to a Qualified Domestic Relations Order from the Accounts of the related Participant, the Alternate Payee shall be entitled to direct the allocation of investments of such Alternate Payee Account in accordance with Sections 0 and 0, as applicable, and shall be subject to the provisions of Sections 0 and 0, but only to the extent provided in such order. In the event that an Alternate Payee fails to specify an investment direction on the date of creation of the Alternate Payee Account pursuant to Section 0, such Alternate Payee’s Alternate Payee Account shall be invested in the same manner as the relevant Participant’s corresponding Before-Tax Deferral Account, Roth Account (to the extent applicable) and Rollover Accounts on such date and, except as otherwise provided by the Qualified Domestic Relations Order, shall remain invested in accordance with such initial allocation until the Alternate Payee directs otherwise or until such time as the Alternate Payee ceases to have an Alternate Payee Account under the Plan by reason of distribution or otherwise. Investment Allocation of Beneficiary Accounts. Notwithstanding any other provision of the Plan, during any period following the death of a Participant and prior to distribution of the entire Plan Benefit of such Participant, such Participant’s Beneficiary shall be entitled to direct the allocation of investments of such Plan Benefit in accordance with Section 0 or, as applicable, his or her proportional interest in such Plan Benefit, in accordance with Section 0 and shall be subject to the provisions of Sections 0 and 0 In the event that a Beneficiary fails to specify an investment direction on the date of creation of the Beneficiary Account pursuant to Section 0, such Beneficiary’s Beneficiary Account shall be invested in the same manner as the relevant Participant’s corresponding Before-Tax Deferral Account, Roth Account (to the extent applicable) and Rollover Accounts on such date. Initial and Ongoing Investment Allocation with respect to Rollover Contributions and Section 457 Transfers. Unless otherwise directed by the Account Participant, the same deferral and contribution allocation direction applicable to an Account Participant pursuant to Section 0 or 0, as applicable, shall apply to all Section 457 Transfers and Rollover Contributions. Notwithstanding the foregoing, in accordance with procedures established by the Administrative Service Agency, an Account Participant may make an alternative initial allocation election in accordance with the procedures set forth in Section 0 for any applicable Section 457 Transfer or Rollover Contribution. Thereafter, such Account Participant may direct the Administrative Service Agency to liquidate his or her interest in any of the Investment Options and transfer the proceeds thereof to one or more other Investment Options in accordance with Section 0 (in each case subject to the limitations set forth in Sections 0 and All Rollover Contributions shall be invested by the Trustee in the Investment Options in accordance with such directions as soon as administratively practicable. Fund Mapping or Similar Activity. Notwithstanding anything in Section 4 to the contrary, if the Committee eliminates one or more of the Investment Funds or Investment Options or undertakes similar activity on behalf of the Plan, the Committee shall be authorized to liquidate without an Account Participant’s consent and without the need for prior notice to the Account Participant the portion of each Account invested in such eliminated Investment Fund or Investment Option and direct the proceeds of such liquidation in one or more remaining or replacement Investment Funds or Investment Options in accordance with such liquidation and transfer procedures as the Committee may determine to be necessary or advisable in connection with such elimination. ROLLOVERS Transfer from Another Governmental 457 Plan. Compensation previously deferred or contributed by (or contributed on behalf of) a Participant, a Beneficiary or a spousal Alternate Payee pursuant to another eligible 29 ---PAGE BREAK--- deferred compensation plan under Section 457 of the Code maintained by another employer described in Section 457(e)(1)(B) of the Code shall be accepted for a plan-to-plan transfer to the Plan by the Trustee in the form and in the manner prescribed by the Committee. All such Section 457 Transfers shall be credited to the applicable Account Participant’s corresponding Before-Tax Deferral Account or Roth Account (to the extent applicable), or a combination thereof and shall be invested in accordance with Section 0. Acceptance of Assets from an Eligible Retirement Plan. Rollover Contributions in General. Amounts previously deferred or contributed by (or contributed on behalf of) a Participant, a Beneficiary or a spousal Alternate Payee under another Eligible Retirement Plan (other than a Roth IRA) that are distributed to the Participant, the Beneficiary or the spousal Alternate Payee or (ii) are directly rolled over to the Plan as an eligible rollover distribution from such Eligible Retirement Plan, may be accepted as a Rollover Contribution by the Trustee in the form and in the manner specified by the Administrative Service Agency; provided, that Rollover Contributions of amounts from a Qualified Roth Contribution Program may be contributed only to the extent that the Committee has resolved to implement a Roth Program pursuant to Section 0 of Schedule A and any such contributions must be directly rolled over to the Plan. Notwithstanding the foregoing, other than Rollover Contributions from a Qualified Roth Contribution Program as described in the preceding sentence, the Administrative Service Agency shall not accept any Rollover Contribution, or any portion thereof, that represents deferrals or contributions under another Eligible Retirement Plan that were made from compensation that was included in the Participant, Beneficiary or spousal Alternate Payee’s gross income in the year the amounts were deferred or contributed. The Administrative Service Agency may require such documentation from the distributing Eligible Retirement Plan as it deems necessary to effectuate the rollover in accordance with section 402 of the Code and to confirm that such plan is an Eligible Retirement Plan. Written Request; Acceptance of Assets. The Administrative Service Agency, in accordance with the Code and procedures established by the Committee, shall, as soon as practicable following its receipt of the written request of a Participant, a Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee, determine whether the Rollover Contribution shall be accepted by the Plan. Any written request filed by a Participant, a Beneficiary who is a Participant’s Surviving Spouse or a spousal Alternate Payee pursuant to Section 0 shall set forth the fair market value of such Rollover Contribution and a statement in a form satisfactory to the Administrative Service Agency that the amount to be transferred constitutes a Rollover Contribution. In the event the Administrative Service Agency permits the transfer of the Rollover Contribution, the Trustee shall accept such Rollover Contribution and the transfer of such Rollover Contribution shall be deemed to have been made on the Valuation Date next following the date on which it was paid to the Trust Fund. Rollover Account. The Rollover Contribution shall be maintained in a separate, fully vested Rollover Account for the benefit of the contributing Participant or the Beneficiary and, in the case of a spousal Alternate Payee, the Alternate Payee Account, and shall be invested in accordance with the investment direction of the applicable Account Participant pursuant to Section 0. All amounts so transferred shall be credited to the Account Participant’s Rollover Account or Alternate Payee Account and shall be available for distribution at any time during the Plan Year. No other contributions shall be allocated to the Rollover Account. Any Rollover Contributions of amounts from a Qualified Roth Contribution Program shall be segregated and held in a separately designated and maintained Rollover Account from those amounts not from a Qualified Roth Contribution Program. At the election of the Participant, Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee, any Rollover Contributions or 457 Transfers from an eligible deferred compensation plan under Section 457(b) of the Code may be held in separately designated and maintained Rollover Accounts for 457(b) Rollover Contributions; provided that any such amounts from a Qualified Roth Contribution Program and any such amounts not from a Qualified Roth Contribution Program shall be segregated and held in separately designated and maintained 457(b) Rollover Accounts. 30 ---PAGE BREAK--- Form of 457 Transfer or Rollover Contribution. Each 457 Transfer and Rollover Contribution shall consist only of cash and (ii) to the extent that the Employer has resolved to adopt a loan program pursuant to Section 0 of Schedule A, solely with respect to 457 Transfers and Rollover Contributions from another eligible deferred compensation plan under Section 457 of the Code maintained by a Public Employer or the Deferred Compensation Plan for Employees of the State of New York and Other Participating Jurisdictions, any outstanding loan to the applicable Account Participant under the transferring or distributing 457 plan, provided that such outstanding loan will be subject to the same terms and conditions as in place under the transferring or distributing 457 plan, an Account Participant may not make a Rollover Contribution that includes an outstanding loan unless the entire amount of such Account Participant’s plan benefit under the transferring or distributing 457 plan is contributed into the Plan, the source of the outstanding loan disbursement under the transferring or distributing 457 plan must have been from before-tax deferrals, and the Account Participant does not have a loan outstanding, or a defaulted loan that has not yet been repaid, under the Plan at the time of the 457 Transfer or Rollover Contribution. Rollover of Assets to Purchase Retirement Service Credit. With respect to trustee-to-trustee transfers, a Participant or Beneficiary may elect, in accordance with procedures established by the Committee, to have all or any portion of the value of his or her Account transferred to the trustee of a defined benefit governmental plan as described in Section 414(d) of the Code; provided, however, that such transfer is for the purchase of permissive service credit (as defined in Section 415(n)(3)(A) of the Code) under such plan or a repayment of contributions and earnings with respect to a forfeiture of service under such plan. ACCOUNTS AND RECORDS OF THE PLAN Participant Accounts. In General. The Administrative Service Agency shall establish and maintain one or more Accounts for each Participant, including a Before-Tax Deferral Account, a Roth Account (to the extent applicable) and, as necessary, one or more Rollover Accounts (including a segregated Rollover Account relating to contributions from a Qualified Roth Contribution Program, to the extent applicable) with respect to each Participant. Each Account shall record the value of the portion of the Participant’s Plan Benefit allocable to that Account, the value of the portion of his or her Plan Benefit, if any, that is invested in each Investment Option (both in the aggregate and by Account) and other relevant data pertaining thereto. With respect to each Participant, all Amounts Deferred or Contributed, all Section 457 Transfers and all Rollover Contributions shall be credited to his or her Before-Tax Deferral Account, Roth Account or Rollover Account, as applicable. Written Statement. Each Account Participant shall be furnished with a written statement of his or her Accounts (including the value of the interest he or she has, if any, in each Investment Option and the amount of and explanation for each allocation to or deduction from his or her Accounts) at least quarterly, which statement shall be delivered in a manner prescribed by the Committee. Beneficiary Accounts. The Administrative Service Agency shall establish and maintain one or more Beneficiary Accounts, including, as applicable, separate Before-Tax Deferral Accounts, Roth Accounts (to the extent applicable), and Rollover Accounts with respect to each Beneficiary of a deceased Participant. Each such Account shall record the value of the portion of the deceased Participant’s Plan Benefit allocable to each of the Beneficiary’s Accounts, the value of the portion of the Plan Benefit, if any, that is invested in each Investment Option (both in the aggregate and by Account) and other relevant data pertaining thereto. Each Beneficiary shall be furnished with a written statement of his or her Accounts in the same manner set forth in Section 0. 31 ---PAGE BREAK--- Alternate Payee Accounts. The Administrative Service Agency shall establish and maintain one or more Alternate Payee Accounts, including, as applicable, separate Before-Tax Deferral Accounts, Roth Accounts (to the extent applicable), and Rollover Accounts with respect to each Alternate Payee. The Alternate Payee Account shall separately account for all amounts received from the Participant’s Rollover Account and (ii) from all amounts rolled into the Plan by a spousal Alternate Payee, pursuant to Section 0 or 0. Each such Account shall record the value of the portion of the Participant’s Plan Benefit allocable to the Alternate Payee’s Account, the value of the portion of the Plan Benefit, if any, that is invested in each Investment Option (both in the aggregate and by Account) and other relevant data pertaining thereto. Each Alternate Payee shall be furnished with a written statement of his or her Alternate Payee Accounts in the same manner set forth in Section 0. Allocations and Credits. The establishment and maintenance of, or allocations and credits to, the Account of any Account Participant shall not vest in such Account Participant or Beneficiary of a Participant any right, title or interest in and to any Trust Fund assets or Plan benefits except at the time or times and upon the terms and conditions and to the extent expressly set forth in the Plan and the Trust Agreement and, in the case of an Alternate Payee Account, the express terms of the Qualified Domestic Relations Order. Plan Benefit and Trust Fund. Plan Benefit Defined. As of the close of each Valuation Date, the Plan Benefit of an Account Participant shall equal the aggregate value of his or her Accounts as of such Valuation Date. As of any date that is not a Valuation Date, a Participant’s Plan Benefit shall be calculated in accordance with the previous sentence as of such date, but based upon the value of the Account Participant’s Accounts as of the close of the most recent Valuation Date. The value of an Account as of a Valuation Date shall be calculated as of each Valuation Date in accordance with a methodology established by the Committee and reasonably and consistently applied to all similarly situated Account Participants and shall be based upon an Account Participant’s aggregate deferrals and contributions to the Trust Fund and distributions and withdrawals from the Trust Fund, the investment performance of the Investment Options in which each Account has been allocated, and any fees, credits or debits allocable to each Account. As of each Valuation Date, each Account shall be adjusted to reflect all Units or dollars credited and Units or dollars distributed, withdrawn or deducted therefrom in accordance with the terms of the Plan and the Trust Agreement. The aggregate Plan Benefit of all Account Participants shall in no event exceed the value of the assets of the Trust Fund and may be less than such value to the extent of any unallocated expense, reserve or similar account maintained as part of the Trust Fund. Investment Options and Investment Funds. The Trust Fund shall be invested at the direction of Account Participants, in accordance with Section 4, in and among the Investment Options made available through the Plan from time to time by the Committee. Investment Options may include one or more Investment Funds, (ii) a brokerage account or similar investment window through which Account Participants may direct the investment of their Accounts into Mutual Funds (as defined below) or other available investment products that the Committee designates as available for investment through such window, (iii) an individual participant loan fund to record the value of an outstanding loan made to a Participant in accordance with Section 0, and (iv) any other investment alternative that the Committee may make available through the Plan. Investment Funds may consist of open-end investment companies registered under the Investment Company Act of 1940, as amended (“Mutual Funds”), separately managed accounts, unregistered commingled funds, group or commingled trusts, or any combination thereof as approved from time to time by the Committee for the investment of the assets of the Trust Fund. WITHDRAWALS FOR UNFORESEEABLE EMERGENCIES; WITHDRAWALS OF SMALL AMOUNTS; LOANS 32 ---PAGE BREAK--- Distribution for an Unforeseeable Emergency. Amount of Distribution for an Unforeseeable Emergency. Upon a showing by a Participant of an Unforeseeable Emergency, the Administrative Service Agency may, permit a payment to be made to the Participant in an amount which does not exceed the lesser of the amount reasonably needed to meet the financial need created by such Unforeseeable Emergency, including estimated income taxes and (ii) an amount which, together with any prior distribution or withdrawal, does not exceed the value of the Participant’s Plan Benefit determined as of the most recent Valuation Date. Any such payment shall be made from the Trust Fund by the Trustee upon the direction of the Administrative Service Agency and shall be withdrawn by the Trustee pro rata from the Investment Funds in which the Participant has an interest, unless the Participant specifies in the request for such a payment the portion of the total amount to be withdrawn by the Trustee from each Investment Fund. The Participant shall designate the amount of the distribution that will come from his or her Before-Tax Deferral Account and from his or her Roth Account in accordance with procedures established by the Administrative Service Agency. All payments shall be made in one lump cash sum within sixty days after approval of the request. Evidence of Other Relief. A Participant must provide evidence that the amount requested for an Unforeseeable Emergency may not be fully relieved through reimbursement or compensation by insurance or otherwise, (ii) by liquidation of a Participant’s other non-Plan assets, to the extent the liquidation of such assets would not itself cause severe financial hardship, or (iii) by cessation of deferrals and contributions under the Plan. Distribution from a Small Inactive Account. Elective Distribution. An Account Participant with a Plan Benefit, not including the amount in the Participant’s Rollover Accounts, of $5,000 or less (or such greater amount as may be permitted by Section 401(a)(11) of the Code) may elect at any time to receive a lump sum distribution, not to exceed $5,000 of his or her Account and Rollover Account, which distribution will be made in accordance with procedures established by the Administrative Service Agency, provided that both of the following conditions have been met: there has been no Amount Deferred or Contributed by such Participant during the two-year period ending on the date of distribution; and there has been no prior distribution made to such Participant pursuant to this Section 0. Automatic Distribution. With respect to a Participant or an Alternate Payee whose Plan Benefit, including any amounts attributable to an in-Plan Rollover Contribution to a Roth Account pursuant to Section 0, but not including any amounts in the Participant or Alternate Payee’s Rollover Accounts, does not exceed the amount set forth in Section 0, if and to the extent that the Committee has resolved to provide for automatic distributions pursuant to Section 0 of Schedule A, the Committee shall direct the automatic distribution of the Participant’s Account and Rollover Account or the Alternate Payee’s Alternate Payee Account as soon as practicable, to the extent provided in Section 0 of Schedule A: following the Participant’s Severance from Employment and (ii) upon an Account Participant’s Plan Benefit falling below the value set forth in Section 0 of Schedule A, to the extent that the requirements of Section 0 are met; provided, however, that in the event any such distribution is greater than $1,000, if the participant does not elect to have such distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly in accordance with Section 0, then the Committee will pay the distribution in a direct rollover to an individual retirement plan designated by the Committee; and provided further, that such distribution shall made in accordance with the requirements of Section 401(a)(31) of the Code. 33 ---PAGE BREAK--- Loans. To the extent the Committee has resolved to adopt a loan program pursuant to Section 0 of Schedule A, this Section 0 shall apply. Eligibility. Participants who are active Employees, and, if the Committee shall determine, Participants who are on an approved leave of absence from their Employer, shall be eligible to request a Plan loan. Each Participant shall have only one outstanding Plan loan at any time. Upon the request of a loan- eligible Participant, the Administrative Service Agency may, on such terms and conditions prescribed herein, direct the Trustee to make a Plan loan to such loan-eligible Participant. Loan Amount. The principal amount of any Plan loan shall be for an amount equal to at least $1,000, or such other amount as the Committee shall determine, and shall not exceed the lesser of: 50% of the value of the sum of the Participant’s Accounts (including his or her Before-Tax Deferral Account and Roth Account (to the extent applicable)); and $50,000 reduced by the highest value in the last twelve months of any loans by the Participant from the Plan and other Eligible Retirement Plans sponsored by the Employer or in which the Employer participates. Repayment Period. All Plan loans, other than those for the purpose of acquiring the dwelling unit which is, or within a reasonable time shall be, the principal residence of the Participant, shall be repaid over a non-renewable repayment period of five years. A Plan loan made for acquiring a principal residence shall be repaid over a non-renewable repayment period of up to 15 years, or such shorter term as the Committee shall determine. Any Plan loan shall be repaid in substantially equal installments of principal and accrued interest that shall be paid at least or quarterly, as specified by the Committee, subject to the methods and procedures as shall be determined by the Administrative Service Agency. Rate of Interest. Each Plan loan granted shall bear a rate of interest equal to one percentage point above the prime interest rate as published in the Wall Street Journal on the last Business Day of the month preceding the application for the loan, or such other reasonable rate of interest as the Committee shall determine. Source of Loans; Security. A Plan loan shall be made only from the Before-Tax Deferral Account or, if applicable, Rollover Accounts relating to Rollover Contributions of before-tax deferrals. All Plan loans shall be made from the Trust Fund and notes evidencing such obligations shall be considered assets of the Trust Fund and shall be treated as a separate loan investment fund for purposes of determining the value as of any Valuation Date of a Participant’s Accounts. All Plan loans shall be secured, as of the date of the Plan loan, by the sum of the Participant’s Before-Tax Deferral Account and Roth Account (to the extent applicable) and (ii) the Participant’s Rollover Accounts, if applicable, provided, however, that no more than 50% of the aggregate value of such Participant’s Accounts shall be used as security for the Plan loan. Default. If a Participant fails to make any scheduled repayment of his or her Plan loan within the Loan Grace Period, such Participant shall be considered in default and the Administrative Service Agency shall declare a deemed distribution to have occurred with respect to such Plan loan, effective as of the date of the default and shall reduce the value of the Participant’s Plan Benefit by the amount of the deemed distribution. Notwithstanding anything in Section 0 to the contrary, a Participant who has defaulted on a loan made under the Plan shall not be eligible to obtain another loan hereunder until the defaulted loan and accrued interest has been repaid, and the new loan shall be subject to any other limitations required under Section 1.72(p) of the Treasury Regulations. 34 ---PAGE BREAK--- Outstanding Loans. An outstanding loan shall include any loan that is being repaid in compliance with Section 0 until repaid in full and (ii) any loan that is considered in default until subsequently repaid in full. Administration and Fees. The Committee may establish or change from time to time the standards or requirements for making any Plan loan, including assessing an administrative fee against the Participant or the Participant’s Account for such Plan loan. Death Prior to Distribution of Proceeds. If a Participant dies prior to the payment of any withdrawal for an Unforeseeable Emergency, distribution of a small inactive account or disbursement of the proceeds of any Plan loan, the Participant’s withdrawal, distribution or loan request shall be void as of the date of death and no withdrawal, distribution or disbursement shall be made by operation of Section 7 to the Participant’s Beneficiary or estate. DISTRIBUTIONS FROM THE PLAN AND OTHER ELIGIBLE RETIREMENT PLANS Distributions to Participants. Eligibility for Distribution. A Participant will become eligible to receive a distribution of his Plan Benefit upon the occurrence of any of the following events: the Participant’s Severance from Employment with the Employer; (ii) the Participant’s attainment of age 70½; provided, however, that for purposes of this Section 8, a Participant will be deemed to have had a Severance from Employment during any period he or she is performing service in the uniformed services described in Section 3401(h)(2)(A) of the Code; . Except as otherwise provided in Section 7, a Participant may not receive distribution of his or her Plan Benefit at any time prior to the occurrence of one of the foregoing events. Distributions to Participants. Upon a Participant’s eligibility for a distribution pursuant to Section 0, the Participant shall be entitled to receive his or her Plan Benefit, which shall be paid in cash by the Trustee from the Trust Fund in accordance with one of the methods described in Section 0 and as of the commencement date elected by the Participant in accordance with the procedures prescribed Section 0. Distribution Options. Subject to Section 0, any payment made under this section shall be made in one of the following methods, as the Participant (or, in the case of the death of a Participant, his or her Beneficiary) may elect any of the following: A total or partial lump sum payment. Any partial lump sum payment shall be an amount of at least the Minimum Lump Sum Amount, and the number of partial lump sum payments in any Plan Year may not exceed the Maximum Annual Number of Partial Distributions. Periodic quarterly, semi-annual or annual installment payments; provided, however, that a Participant (or, in the case of the death of a Participant, his or her Beneficiary) may elect to receive an initial installment payment in a specified amount and the balance of his or her Account in periodic quarterly, semi-annual or annual installment payments. Any installment payment made pursuant to Section 0 shall be at least the Minimum Installment Amount. If the balance of the Participant’s Account and Rollover Account is less than such amount, then the payment will equal the total amount of the Participant’s Account and Rollover Account. Installment payments may consist of fixed amounts paid on each payment date as designated by the Participant (or in the case of the death of a Participant, his or her Beneficiary), or formulaic amounts determined by the Administrative Service Agency, based on a fixed period designated by the Participant (or in the case of the death of a Participant, his or her Beneficiary), 35 ---PAGE BREAK--- calculated by dividing the Plan Benefit on the date of the payment by the number of payments remaining during the fixed period. A Participant who elects to receive installment payments or who is currently receiving installment payments pursuant to Section 0 may elect, subject to any limitations set forth by the Committee and in accordance with procedures established by the Administrative Service Agency, to receive a portion of his or her Account distributed in a lump sum; provided, however, that no lump sum payment shall be less than the Minimum Lump Sum Amount; and provided further, that the number of such elections in any Plan Year may not exceed the Maximum Annual Number of Partial Distributions, as set forth in Section 0 of Schedule A. Such lump sum payments shall not result in a discontinuation of subsequent installment payments; provided, however, that such subsequent payments may be re-determined in accordance with methods and procedures established by the Administrative Service Agency. A Participant who is an eligible retired public safety officer, as defined in Section 402(l) of the Code, may elect, at the time and in the manner prescribed by the Administrative Service Agency, to have up to $3,000 per year (or such greater amount as may be permitted under applicable guidance issued by the Internal Revenue Service) of amounts from his or her Before-Tax Deferral Account distributable under the Plan used to pay qualified health insurance premiums for an accident or health plan or long-term care insurance contract covering the Participant and his or her spouse and dependents. Such amounts are excludible from the Participant’s gross income to the extent the qualified health insurance premiums are paid directly to the provider of the accident or health plan or long-term care insurance contract (determined in accordance with Section 402(l) of the Code) by deduction from a distribution to the Plan. For each distribution election under Section 0, a Participant shall designate the percentage of each distribution that will come from his or her Before-Tax Deferral Account and the percentage that will come from his or her Roth Account (to the extent applicable). For the avoidance of doubt, for purposes of the limitations and restrictions described in this Section 0, each distribution election made by a Participant and each payment made in accordance thereto shall be deemed to be one election and one payment, even if payment is made both from the Participant’s Before-Tax Deferral Account and from his or her Roth Account (to the extent applicable). Notwithstanding the foregoing, a Participant may not elect an installment period extending beyond the longest of his or her life expectancy, if his or her designated Beneficiary is his or her Spouse, the life expectancy of the Participant and his or her Spouse and if his designated Beneficiary is not his or her Spouse, the life expectancy determined using the applicable table contained in the applicable Treasury Regulation. Calculation of Payments. If a Participant elects a total lump sum payment, pursuant to Section 0, the Participant’s Plan Benefit shall be determined as of the Valuation Date coincident with or last preceding the date on which the Plan Benefit is withdrawn from the Investment Options and liquidated for distribution. Such liquidated amount shall be held in the Trust Fund in a payment account maintained by the Trustee for this purpose and (ii) shall not be credited with interest or investment gains or losses following the date of liquidation. If a Participant elects to receive a partial lump sum payment pursuant to Section 0 or 0, installment payments pursuant to Section 0, or payment of qualified health insurance premiums for an accident or health plan or long-term care insurance contract covering the Participant and his or her spouse and dependents pursuant to paragraph Section 0, any remaining balance in such Participant’s Accounts shall continue to participate in the investment performance of the Investment Options in which such amounts are invested and to bear its allocable share of administrative and investment expenses until the Valuation Date coincident with or last 36 ---PAGE BREAK--- preceding the date on which such Plan Benefit amounts are withdrawn from the Investment Funds and liquidated for distribution; provided, however, that the amount of the installments need not be re-determined to reflect changes in the value of the Account more frequently than annually. All such redeterminations shall be made by the Administrative Service Agency in accordance with procedures of uniform application. Any amount liquidated for purposes of an installment payment shall be held in the Trust Fund in a payment account maintained by the Trustee for this purpose and (ii) shall not be credited with interest or investment gains or losses following the date of liquidation. Distribution Election. In the case of the Participant’s Severance from Employment with the Employer, a distribution election made by the Participant shall specify the form of payment as provided in Section 0 and the date on which payments shall commence; provided, however, that any such payments that would result in an account balance of less than $500 may not commence earlier than at the end of the Distribution Waiting Period; provided, further that the timing of any distribution must be in compliance with Section 0. Subject to Section 0, a Participant who is receiving distributions under the Plan may change both the timing and the method of payment elected subject to any limitations set forth by the Committee and in accordance with procedures established by the Administrative Service Agency. Rollover Accounts. Notwithstanding any other provision of Section 0, a Participant who has one or more Rollover Accounts shall be permitted to withdraw all or any portion of such Rollover Accounts at any time during a Plan Year; provided that such withdrawal shall be paid pursuant to a method of payment elected by the Participant in accordance with Section 0 and the value of such Rollover Accounts shall be determined is accordance with Section 0. Distributions to Beneficiaries. If a Participant dies before distribution of his or her Plan Benefit has commenced, a distribution election made by the Beneficiary shall specify the form of payment as provided in Section 0 and the date on which payments shall commence. If a Participant dies at any time before his or her entire Plan Benefit has been distributed, then the Participant’s Beneficiary may make subsequent distribution elections as provided in Section 0. Notwithstanding the foregoing, any distribution to a Beneficiary shall be made in accordance with the provisions of Section 401(a)(9) of the Code and subject to Sections 0 and 0. Distributions to Alternate Payees. A distribution to an Alternate Payee may be paid in a single lump sum as soon as practicable following the qualification of the Qualified Domestic Relations Order and the close of all appeals to the Qualified Domestic Relations Order if the Alternate Payee consents to such lump sum distribution. In the event that the Alternate Payee does not consent to receive his or her distribution in a single lump sum as soon as practicable following the qualification of the Qualified Domestic Relations Order, the Alternate Payee may make an election to receive a distribution any time after the Earliest Retirement Date, subject to any requirements of Section 401(a)(9) of the Code and Section 0, by filing a distribution election specifying the form of payment as provided in Section 0 and the date on which payments shall commence. Eligible Rollover Distributions. Participant Rollover Distributions. In connection with a Participant’s Severance from Employment, the Distributee may elect, at the time and in the manner prescribed by the Administrative Service Agency, to have all or any portion of the Participant’s Accounts that qualifies as an Eligible Rollover Distribution paid directly to the trustee of an Eligible Retirement Plan; provided that such other plan provides for the acceptance of such amounts by the trustee. The Plan shall provide written information to Distributees regarding Eligible Rollover Distributions to the extent required by Section 402(f) of the Code. 37 ---PAGE BREAK--- Beneficiary Rollover Distributions. Upon a Participant’s death, a Beneficiary may elect, at the time and in the manner prescribed by the Administrative Service Agency, to have all or any portion of the Participant’s Accounts that qualifies as an Eligible Rollover Distribution paid directly to the trustee of an individual retirement arrangement (as defined in Section 7701(a)(37) of the Code) that is established for the purpose of receiving the distribution on behalf of such Beneficiary. Roth IRA Rollover Distribution. In connection with a Participant’s Severance from Employment or upon a Participant’s death, as the case may be, a Participant or a Beneficiary may elect, at the time and in the manner prescribed by the Administrative Service Agency, to have all or any portion of the Participant’s Accounts that qualifies as an Eligible Rollover Distribution rolled over to a Roth individual retirement arrangement (as defined in Section 7701(a)(37) of the Code, and designated as a Roth arrangement at the time of its establishment). Such amounts will be included in gross income as if the distribution had been made to such Participant or Beneficiary. In-Plan Rollover to Roth Account. To the extent the Committee has resolved to implement a Roth Program pursuant to Section 0 of Schedule A and the Committee has further resolved to allow in-Plan Rollover Contributions to a Roth Account pursuant to Section 0 of Schedule A, this Section 0 shall apply. Upon any distribution event pursuant to which a Participant, a Beneficiary who is a Participant’s Surviving Spouse or a spousal Alternate Payee would be permitted to have all or any portion of the Participant’s Plan Benefit that qualifies as an Eligible Rollover Distribution rolled over into another Eligible Retirement Plan, such Participant, Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee may elect to have the portion of such Eligible Rollover Distribution that is not attributable to Roth Contributions or outstanding loans directly rolled over into a separately maintained Account within his or her Roth Account. Any such amounts will be included in gross income as if the distribution had been made to such Participant, Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee. After a Participant, Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee has made an in-Plan rollover into a Roth Account, such Participant, Beneficiary who is a Participant’s Surviving Spouse or spousal Alternate Payee may elect to take distributions from such Account in accordance with any of the distribution options set forth in Section 8.1(c). The provisions in Section 0 shall be administered in accordance with procedures established by the Administrative Service Agency and shall be interpreted and administered in accordance with and subject to Section 402A(c)(4) of the Code and any rules, regulations or other guidance issued by the Internal Revenue Service in relation thereto. Withholding. The Trustee shall withhold or cause to be withheld from any amounts withdrawn or distributed all federal, state, city or other taxes as shall be required pursuant to any law or governmental ruling or regulation, including Treasury Regulations. Required Minimum Distributions. In General. Notwithstanding any other provision of the Plan to the contrary (except Section all distributions under the Plan shall be in accordance with the minimum distribution and timing requirements of Section 401(a)(9) of the Code (including the incidental death benefit requirements of Section 401(a)(9)(G) of the Code) and the final Treasury regulations under Sections 1.401(a)(9)-2 through 1.401(a)(9)-9, which are incorporated herein by reference. Such provisions shall override any distribution options in the Plan that may be inconsistent with Section 401(a)(9) of the Code. Any distributions made pursuant to this Section 0 in order to comply with Section 401(a)(9) of the Code shall be charged against the Account or Accounts of the Account Participant in such manner as designated by the Account Participant in accordance with procedures established by the Administrative Service Agency; provided, however, that if no such designation is made, such distributions shall be charged first against the Before-Tax Deferral Account, second against the Roth Account (to the extent applicable), third against the Rollover Account or Rollover Accounts not relating to Rollover Contributions of amounts from a Qualified Roth Contribution Program, and fourth against the 38 ---PAGE BREAK--- Rollover Account or Rollover Accounts relating to Rollover Contributions of amounts from a Qualified Roth Contribution Program 2009 Waiver. Notwithstanding anything to the contrary in Section 0, an Account Participant who would have been required to receive required minimum distributions for 2009 but for the enactment of Section 401(a)(9)(H) of the Code (“2009 RMDs”), and who would have satisfied that requirement by receiving distributions that are equal to the 2009 RMDs or (ii) one or more payments in a series of substantially equal distributions (that include the 2009 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant, the joint lives (or joint life expectancy) of the Participant and the Participant’s Beneficiary, or for a period of at least 10 years, will not receive those distributions for 2009 unless the Participant or Beneficiary chooses to receive such distributions. Participants and Beneficiaries described in the preceding sentence will be given the opportunity to elect to receive the distributions described in the preceding sentence. Distributions During Participant’s Life. The Plan Benefit of a Participant shall be distributed (or commence to be distributed) to such Participant as soon as practicable after the Required Beginning Date. If the Participant has not made an election pursuant to Section 0 prior to such Required Beginning Date, then the Plan Benefit shall be distributed in the form of installment payments commencing on the Required Beginning Date. Death of a Participant Before the Required Beginning Date. If a Participant dies before his Required Beginning Date, the remaining portion (if any) of such Participant’s Plan Benefit shall be distributed to his or her Beneficiary (or if the Participant has no Beneficiary, his or her Surviving Spouse or estate, as determined under Section 1)a.i) no later than December 31 of the calendar year containing the fifth anniversary of the Participant’s death (determined without regard to 2009), except as set forth in Sections 0 or 0 as follows: The Beneficiary may elect to receive a distribution of the Plan Benefit over a period not exceeding the life expectancy of the Beneficiary; provided that the distribution commences no later than December 31 of the calendar year immediately following the calendar year in which the Participant dies; or If the sole Beneficiary is the Participant’s Surviving Spouse, such Surviving Spouse may elect to receive a distribution of the Account over a period not exceeding the life expectancy of the Surviving Spouse (determined as of the date such payments commence); provided that the distribution commences on or before the later of December 31 of the calendar year immediately following the calendar year in which the Participant dies or December 31 of the calendar year in which the Participant would have attained age 70 ½; provided, further, that if the Surviving Spouse dies after the Participant but before distributions to the Surviving Spouse commence, Section 0 (with the exception of Section 0) shall apply as if the Surviving Spouse were the Participant. The Beneficiary may elect to receive payment of the Plan Benefit as a lump sum or in annual, or quarterly installment payments. Death After Required Beginning Date and After Commencement of Distributions. If a Participant dies on or after the Required Beginning Date, but before his or her entire Plan Benefit is distributed to him or her, the unpaid portion of his or her Plan Account shall be distributed as follows: 39 ---PAGE BREAK--- If the Participant has a designated Beneficiary, the longer of the remaining life expectancy of the Participant’s Beneficiary and the remaining life expectancy of the Participant determined in accordance with Section 1.409(a)(9)-5 of the Treasury Regulations; or If the Participant does not have a designated Beneficiary, the remaining life expectancy of the Participant determined in accordance with Section 1.409(a)(9)-5 of the Treasury Regulations; provided, however, that if a Beneficiary so elects, the Participant’s remaining Plan Benefit may be paid to the Beneficiary at any time in a lump sum so long as the entire Plan Benefit is paid at least as rapidly as it would be paid under Section 0. Alternate Payee Accounts. In the case of any Alternate Payee Account, payments to the Alternate Payee must be made in accordance with the Plan and Section 401(a)(9) of the Code. Special Proceeds. If the Plan receives Special Proceeds (as defined below) that are allocable to an Account Participant who has received a final distribution of his or her entire Plan Benefit, then the Plan shall distribute such Special Proceeds to the former Participant, Beneficiary, or Alternate Payee (or in accordance with Section 1)a.i, if the Participant is deceased and no Beneficiary designation was in effect at the time of the Participant’s death, or to the estate of Beneficiary or Alternate Payee, as applicable, if such person is deceased) in a lump sum as soon as practicable after the Plan receives such Special Proceeds unless, at the time of such mandatory distribution, the value of such distribution would exceed $1,000. For purposes of Section 0, “Special Proceeds” means amounts attributable to a settlement of any dispute or controversy related to any of the assets previously attributable to any Account of the former Participant, Beneficiary, or Alternate Payee or any other amounts allocable under the Plan to a former Participant, Beneficiary, or Alternate Payee relating to an adjustment to the amount or value of any such Account. DESIGNATION OF BENEFICIARIES Written Designation of Beneficiaries. Each Participant shall file with the Administrative Service Agency a written designation of one or more persons as the Beneficiary who shall be entitled to receive the Plan Benefit, if any, payable under the Plan upon his or her death. A Participant may from time to time revoke or change his or her Beneficiary designation without the consent of any prior Beneficiary by filing a new written designation with the Administrative Service Agency. The last such designation received by the Administrative Service Agency “in good order” shall be controlling; provided, however, that no designation or change or revocation thereof shall be effective unless received by the Administrative Service Agency in good order prior to the Participant’s death, and in no event shall it be effective as of a date prior to such receipt. For purposes of Section 9, a Beneficiary designation shall be deemed to be received in good order only if the Administrative Service Agency can reasonably identify the Beneficiary or Beneficiaries named in the designation. No Beneficiaries Designated. 1) If no such Beneficiary designation is in effect at the time of a Participant’s death, or if no designated Beneficiary survives the Participant, or if no designated Beneficiary can be located with reasonable diligence by the Administrative Service Agency, the payment of the Plan Benefit, if any, payable under the Plan upon the Participant’s death shall be made by the Trustee from the Trust Fund to the Participant’s Surviving Spouse, if any, or if the Participant has no Surviving Spouse, or the Surviving Spouse cannot be located with reasonable diligence by the Administrative Service Agency, then to the deceased Participant’s estate. If the Administrative Service Agency is in doubt as to the right or entitlement of any person to receive such amount, the Administrative Service Agency shall inform the Committee and the Trustee, and the Trustee may retain such amount, without liability for any interest thereon, until the rights thereto are determined, or the Trustee may pay such amount into any court of appropriate jurisdiction or to 40 ---PAGE BREAK--- any other person pursuant to applicable law and such payment shall be a complete discharge of the liability of the Trustee, Plan, Committee, Employer, Administrative Service Agency and Financial Organizations. If the Beneficiary so designated by the Participant dies after the death of the Participant but prior to receiving a complete distribution of the amount that would have been paid to such Beneficiary had such Beneficiary’s death not then occurred, then, for purposes of the Plan, the distribution that would otherwise have been received by such Beneficiary shall be paid to the Beneficiary’s estate. Surviving Spouse. Notwithstanding Section 1)a.i, a Beneficiary who is a Surviving Spouse of the Participant may designate a subsequent Beneficiary, subject to the same filing requirements of Section 0, to the extent permitted under Section 401(a)(9) of the Code. To the extent such Surviving Spouse is not permitted or does not elect to designate a subsequent Beneficiary pursuant to the preceding sentence, and the Surviving Spouse dies prior to receiving a complete distribution of the amount that would have been paid to such Surviving Spouse had such Surviving Spouse’s death not then occurred, then, for purposes of the Plan, the distribution that would otherwise have been received by such Surviving Spouse shall be paid to the Surviving Spouse’s estate. QUALIFIED DOMESTIC RELATIONS ORDERS Qualified Domestic Relations Order. Payments with respect to a Participant’s Plan Benefit may be made by the Trustee from the Trust Fund to one or more Alternate Payees pursuant to the terms of a Qualified Domestic Relations Order. Upon segregation of the assets payable to an Alternate Payee in an Alternate Payee Account or the payment of such benefits to the Alternate Payee, any such amounts paid or segregated shall no longer constitute part of the Participant’s Plan Benefit. No liability whatsoever shall be incurred by the Committee, the Trustee, the Employer, the Administrative Service Agency, the Review Committee or any Financial Organization solely by reason of any act or omission undertaken in accordance with this section to comply with the terms of a Qualified Domestic Relations Order. Suspension of Distributions During Claim Period. Subject to the discretion of the Administrative Service Agency or the Committee, no distribution of any Plan Benefit shall be permitted in any period during which a purported Qualified Domestic Relations Order claim, against all or part of such Plan Benefit, is being reviewed in accordance with the provisions of Section 0. If the Administrative Service Agency reasonably believes that a purported Qualified Domestic Relations Order against all or part of any Plan Benefit is likely to be asserted, the Committee may refuse to permit any distribution of all or part of such Plan Benefit pending determination of such claim. ADMINISTRATION Plan Administration. Except as otherwise provided herein, the operation and administration of the Plan shall be the responsibility of the Committee and the Committee shall have all of the broad, general authority necessary or advisable to operate and administer the Plan. The Committee shall have the power and the duty to take all action and to make all decisions necessary or proper to carry out its responsibilities under the Plan. All determinations of the Committee as to any question involving its responsibilities under the Plan, including, interpretation of the Plan or as to any discretionary actions to be taken under the Plan, shall be solely in the Committee’s discretion and shall be final, conclusive and binding on all parties. Committee Powers and Duties. Without limiting the generality of the foregoing, the Committee shall have the following powers and duties: 41 ---PAGE BREAK--- to require any person to furnish such information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefit under the Plan; to make and enforce such rules and regulations and prescribe the use of such forms as it shall deem necessary for the efficient administration of the Plan; to interpret the Plan and to resolve ambiguities, inconsistencies and omissions in the terms of the Plan or any document related to the Plan; to decide all questions concerning the Plan and the eligibility of any Employee or other individual to participate in the Plan; to determine the amount of benefits which shall be payable to any person in accordance with the provisions of the Plan; to enlarge or diminish any applicable time period set forth in the Plan, subject to applicable law; and to determine the methods and procedures for the implementation and use of any automated telephone, computer, internet, intranet or other electronic or automated system adopted by the Committee for purposes of Plan administration, including, for receiving and processing enrollments and instructions with respect to the investment of assets allocated to an Account Participant’s Accounts and for such other purposes as may be designated from time to time. Limitation of Liability. Except as may be prohibited by applicable law, neither the Committee nor any member thereof shall be liable for anything done or omitted to be done by it or by them unless the act or omission claimed to be the basis for liability amounted to a failure to act in good faith or was due to gross negligence or willful misconduct; the payment of any amount under the Plan; or any judgment or reasonable mistake of fact made by it or on its behalf by a member of the Committee. No member of the Committee shall be personally liable under any contract, agreement, bond or other instrument made or executed by him or her or on his or her behalf in connection with the Plan or Trust Fund. Trustee. The Trustee shall have responsibility for the custody and safekeeping of the assets of the Plan and the Trust Fund and the valuation of such assets in accordance with the terms of the Trust Agreement and, in conjunction with the Administrative Service Agency, shall be responsible for implementing the aggregated investment decisions of Participants and beneficiaries by allocating the Plan assets to the various Investment Options. The Committee shall periodically review the performance and methods of the Trustee and the Committee may, subject to the terms of the Trust Agreement, appoint and remove or change the Trustee at any time for any reason or for no stated reason. If the Trust Agreement so provides, the Trustee may also serve as the Administrative Service Agency and perform the record keeping services normally performed by a third party Administrative Service Agency or may provide the services normally provided by a Financial Organization, provided that the Trustee otherwise qualifies as an Administrative Service Agency or a Financial Organization, as the case may be. Financial Organizations. The Committee shall have the power to appoint or remove one or more Financial Organizations and to delegate to such Financial Organization(s) authority and discretion to manage (including the power to acquire and dispose of) the assets of the Plan and Trust Fund in accordance with the Regulations and the Plan. The Committee shall periodically review the performance and methods of such Financial Organization(s). The Committee has the right to replace any Financial Organization or Investment Option with a successor Financial Organization or Investment Option or (ii) to select any additional Financial Organization or Investment Option. 42 ---PAGE BREAK--- Delegation. The Committee may delegate its general authority as it deems appropriate in accordance with the terms of the Plan and all applicable Code sections; provided, however, that such delegation shall be subject to revocation at any time at the discretion of the Committee. Notwithstanding any other provision of the Plan, the Committee’s general authority shall include the right to review, revise, modify, revoke, or vacate any decision made or action taken by any party under the Plan to whom authority of the Committee has been delegated or to whom authority with respect to the administration of the Plan or the custody and investment of the assets of the Trust Fund has been delegated or assigned under the terms of the Plan, by the Committee or otherwise. The rights of the Committee under Section 0 include, the right to review, revise, modify, revoke, or vacate any decision of the Administrative Service Agency or the Review. Plan Expenses. Assessment Against the Trust Fund. Subject to 11.7(b), the expenses of administering the Plan, including the fees and expenses of the Financial Organizations and Administrative Service Agency for the performance of their duties under the Plan, including any fees and expenses associated with a change, termination or addition of an Investment Option, (ii) the fees, if any, of any member of the Committee and any Trustee and the expenses incurred by the Committee or any of its members or any Trustee in the performance of their duties under the Plan (including reasonable compensation for any legal counsel, certified public accountants, consultants, and agents, employees of the Committee and cost of services rendered in respect of the Plan and the Trust Agreement (as provided therein)), and (iii) all other proper charges and disbursements of the Financial Organizations, Administrative Service Agency, the Committee or its members (including settlements of claims or legal actions approved by counsel to the Plan) or any Trustee shall be allocated to and paid out of the assets of the Trust Fund in accordance with such allocation and payment procedures as the Committee shall establish from time to time. The Committee is authorized to levy a fee against the Accounts of Account Participants for the purpose of paying some or all of such expenses, except where the Employer elects to pay such expenses directly; provided, however, that any such fees shall be levied on a pro-rata basis from the Account Participant’s various Accounts at any given time, including Before-Tax Deferral Accounts, Roth Accounts (to the extent applicable), Rollover Accounts not relating to Rollover Contributions of amounts from a Qualified Roth Contribution Program, and Rollover Accounts relating to Rollover Contributions of amounts from a Qualified Roth Contribution Program. Investment Expenses. Unless the Committee determines otherwise, brokerage fees, transfer taxes and any other expenses incident to the purchase or sale of securities for any Investment Option shall be deemed to be part of the cost of such securities, or deducted in computing the proceeds therefrom, as the case may be. The Administrative Service Agency shall appropriately deduct any taxes assessed in respect of any assets held, income received, or transactions effected under any Investment Option proportionately against any Accounts that are invested in such Investment Option. Review of Claims. Initial Claim of Rights or Benefits and Review. Any claim to rights or benefits under the Plan, including, any purported Qualified Domestic Relations Order, or request for an Unforeseeable Emergency Withdrawal must be filed in writing with the Committee, or with such other entity as the Committee may designate. Within sixty days after receipt of such claim, the Committee, or such other entity designated by the Committee, shall notify the claimant and, if such claimant is not the Account Participant, any Account Participant against whose Plan Benefit the claim is made, that the claim has been granted or denied, in whole or in part. Notice of denial of any claim in whole or in part by the Committee, or by such other entity designated by the Committee, shall include the specific reasons for denial and notice of the rights granted by Section 0. 43 ---PAGE BREAK--- Review of Decision. Any claimant or Account Participant who has received notice of denial or grant, in whole or in part, of a claim made in accordance with the foregoing Section 0 may file a written request within thirty days of receipt of such denial for review of the decision by the Review Committee. Within ninety days after receipt of such request for review, the Review Committee shall notify the claimant and, as applicable, the Account Participant, that the claim has been granted or denied, in whole or in part; provided, however, that the Review Committee may in its discretion extend such period by up to an additional 120 days upon notice to the claimant and, as applicable, the Account Participant, prior to expiration of the original ninety days that such additional period is needed for proper review of the claim. Notice of denial of any claim in whole or in part by the Review Committee shall include the specific reasons for denial and shall be final, binding and conclusive on all interested persons for all purposes. Advisers. The Committee shall arrange for the engagement of legal counsel and certified public accountants, who may be counsel or accountants for the Employer, and other consultants, including an investment adviser, and make use of agents and clerical or other personnel, for purposes of this Plan. The Committee may rely upon the written opinions of counsel, accountants and consultants, and upon any information supplied by the Trustee, a Financial Organization or Administrative Service Agency appointed in accordance with the Regulations. Limitation on Committee Power. No member of the Committee shall be entitled to act on or decide any matters relating solely to such member or any of his or her rights or benefits under the Plan. Committee Action. All actions of the Committee shall be taken at a public meeting in accordance with Article 7 of the Public Officers Law. The Committee shall establish its own procedures and the time and place for its meetings and provide for the keeping of minutes of all meetings. General Requirements. Notwithstanding any other provision hereof, the Plan shall at all times be operated in accordance with the requirements of applicable law, including, the Regulations. AMENDMENT OR TERMINATION Power to Amend and Terminate. Subject to any requirements of State or federal law, the Employer reserves the right at any time and with or without prior notice to any person to amend, suspend or terminate the Plan, to eliminate future deferrals and contributions for existing Participants, or to limit participation to existing Participants, in whole or in part and for any reason and without the consent of any Employee, Account Participant, Beneficiary or other person. No amendment, suspension or termination of any provisions of the Plan or any deferrals or contributions thereunder, the Trust Agreement or any Investment Option may be made retroactively, unless such retroactivity is allowed under State law, the Code and other applicable law. Termination of Plan. Upon any action by the Employer to initiate a Plan termination, the Employer shall permit no further deferrals or contributions of Compensation under the Plan, and the Plan termination shall become effective upon the distribution of all Plan Benefits. After taking an action to initiate a Plan termination, the Employer may distribute all Plan Benefits to Account Participants or the Employer may provide that Plan Benefits and other interests in the Trust Fund shall continue to be payable as provided in the Plan. Any distributions, transfers or other dispositions of the Plan Benefits as provided in the Plan shall constitute a complete discharge of all liabilities under the Plan. The Committee and the Trustee(s) shall remain in existence and the Trust Agreement and all of the provisions of the Plan that the Employer determines are necessary or advisable for the administration and distribution, transfer or other disposition of interests in the Trust Fund shall remain in force. GENERAL LIMITATIONS AND PROVISIONS 44 ---PAGE BREAK--- Plan Binding on Account Participants. The Plan, as duly amended from time to time, shall be binding on each Account Participant and his or her Surviving Spouse, heirs, administrators, trustees, successors, assigns, and Beneficiaries and all other interested persons. No Right to Employment. Nothing contained herein shall give any individual the right to be retained in the employment of the Employer or affect the right of the Employer to terminate any individual’s employment. The adoption and maintenance of the Plan shall not constitute a contract between the Employer and any individual or consideration for, or an inducement to or condition of, the employment of any individual. Incapacitation or Incompetence. If the Administrative Service Agency shall find that any person to whom any amount is payable under the Plan is unable to care for his or her affairs, is a minor, or has died, then any payment due to such person or his or her estate (unless a prior claim therefor has been made by a Beneficiary, Surviving Spouse or duly appointed legal representative or the time period during which a Beneficiary or Surviving Spouse could make a claim under the Plan has not elapsed) may, if the Administrative Service Agency so elects, be paid to his or her spouse, a child, a relative, or any other person maintaining or having custody of such person otherwise entitled to payment or deemed by the Trustee to be a proper recipient on behalf of such person. Any such payment shall be a complete discharge of all liability under the Plan therefor. No Alienation of Plan Benefits. Except insofar as may otherwise be required by a Qualified Domestic Relations Order or applicable law, no amount payable at any time under the Plan shall be subject in any manner to alienation by anticipation, sale, transfer, assignment, bankruptcy, pledge, attachment, garnishment, charge or encumbrance of any kind, and any attempt to so alienate such amount, whether presently or thereafter payable, shall be void. Notices to the Committee. All elections, designations, requests, notices, instructions, and other communications from the Employer, an Employee, an Account Participant, or any other person to the Committee, Administrative Service Agency or the Employer required or permitted under the Plan shall be in such form as is prescribed by the Committee, shall be mailed by first class mail or delivered electronically in such a form and to such location as shall be prescribed by the Committee from time to time, and shall be deemed to have been given and delivered only upon actual receipt thereof at such location. Copies of all elections, designations, requests, notices, instructions and other communications from an Employee, a Participant, a Beneficiary, a Surviving Spouse or any other person to the Employer shall be filed with the Administrative Service Agency in such a manner specified by the Administrative Service Agency. Notices to Participants. All notices, statements, reports and other communications from an Employer, the Trustee or the Committee to any Account Participant, shall be deemed to have been duly given when delivered to, or when mailed by electronic delivery or other form of delivery approved by the Committee or by first class mail, postage prepaid and addressed to such Employee, Account Participant, Beneficiary, Surviving Spouse or other person at his or her address last appearing on the records of the Administrative Service Agency, the Trustee or the Employer. Trust Sole Source of Plan Benefits. The Trust Fund shall be the sole source of benefits under the Plan and, except as otherwise required by applicable law, neither the Committee, the Employer nor any officer or employee of an Employer assume any liability or responsibility for payment of such benefits, and each Account Participant, his or her spouse or Beneficiary, or other person who shall claim the right to any payment under the Plan shall be entitled to look only to the Trust Fund for such payment and shall not have any right, claim or demand therefor against the Committee or any member thereof, the Employer, or any officer or employee of an Employer. Nothing in Section 0 shall relieve an Employer of its obligation to defer or contribute Amounts Deferred or Contributed to the Trust Fund within two Business Days after the applicable payroll date, in the manner contemplated by Section 0. 45 ---PAGE BREAK--- Account Assets and Account Vesting. Account Assets Held in Trust Fund. The entire value of each Account for each Account Participant shall be held in the Trust Fund pursuant to the Trust Agreement for the exclusive benefit of the applicable Account Participant and for paying reasonable expenses of the Plan and of the Trust Fund pursuant to Section 0 and no part of the Trust Fund shall revert to any Employer; provided, however, that the setting-aside of any amounts to be held in the Trust Fund is expressly conditioned upon the following: If an amount is set aside to be held in the Trust Fund by an Employer in a manner which is inconsistent with any of the requirements of Section 457(b) of the Code, such amount shall be returned to such Employer prior to the first day of the first Plan Year commencing more than 180 days after the date of notification of such inconsistency by the Secretary of the Treasury. Any amounts so returned to the Employer, and the earnings thereon, shall be remitted to the Participants on whose behalf such amounts were set aside. Vesting. Each Account Participant shall be 100 percent vested at all times in his or her Plan Benefit. Several Liability. The duties and responsibilities allocated to each person under the Plan and the Trust Agreement shall be the several and not joint responsibility of each, and no such person shall be liable for the act or omission of any other person. Interpretation. The term “including” means by way of example and not by way of limitation, and (ii) the headings preceding the sections hereof have been inserted solely as a matter of convenience and in no way define or limit the scope or intent of any provisions hereof. Construction. The Plan and all rights there under shall be governed by and construed in accordance with the Code and the laws of the State. SCHEDULE A Effective date of last completion or amendment of this Schedule A: Instructions This Schedule A and all later amendments to this Schedule A are part of the Plan document and should remain attached to the Plan document. Schedule A is used by the Committee TO ACTIVATE or TERMINATE optional Plan provisions described below, TO MODIFY the default provisions of the Plan described below or TO INDICATE that the default provisions described below will continue to apply under the Plan. Each section of this Schedule A must be completed by the Committee in connection with the adoption of this amendment and restatement of the Plan. All selections made shall remain effective until this Schedule A is later amended by the Committee. All section references refer to the corresponding sections of the Plan and all defined terms have the meanings ascribed to them in the Plan. 46 ---PAGE BREAK--- Committee Elections – Optional Plan Provisions 0 ROTH PROGRAM Section 0 of the Plan permits Roth Contributions only if the Committee checks YES below. The Committee must also indicate below the effective date of this election. The Committee should check NO below to indicate that Roth Contributions will not be permitted under the Plan or, at a later time, to change prospectively (as of a specified effective date) a prior election under this section. The Plan shall maintain a Roth Program under which Participants may make Roth Contributions to the Plan, which Roth Contributions will be made and separately accounted for in compliance with the relevant provisions of the Plan and the Code.  YES NO Effective date: 0 IN-PLAN ROLLOVER TO A ROTH ACCOUNT Section 0 of the Plan permits Roth Contributions only if the Committee has checked YES above (permitting a Roth Program) and checked YES below allowing amounts that otherwise qualify as Eligible Rollover Distributions not attributable to Roth Contributions to be directly contributed to a Roth Account under the Plan. The Committee must also indicate below the effective date of this election. The Committee should check NO below to indicate that Eligible Rollover Distributions may not be directly rolled over to a Roth Account under the Plan or, at a later time, to change prospectively (as of a specified effective date) a prior election under this section. To the extent the Committee has resolved to implement and maintain a Roth Program pursuant to Section 3.1(c) of Schedule A, a Participant may elect to have the portion of his or her Eligible Rollover Distribution that is not attributable to Roth Contributions directly rolled over into a Roth Account in the Plan.  YES (do not check YES unless Roth Program is in effect) NO Effective date: 0 SUSPENSION OF DEFERRALS AND CONTRIBUTIONS FOLLOWING AN UNFORESEEABLE EMERGENCY WITHDRAWAL Section 0 of the Plan allows the Employer automatically to suspend deferrals and contributions for six months following the date a Participant receives an Unforeseeable Emergency withdrawal only if the Committee checks YES below. The Committee must also indicate below the effective date of this election. The Committee should check NO below to indicate that a suspension of deferrals and contributions will not be required or, at a later time, to change prospectively (as of a specified effective date) a prior election under this section. A Participant’s deferrals and contributions will be suspended for a period of six months following a distribution due to an Unforeseeable Emergency withdrawal. 47 ---PAGE BREAK---  YES NO Effective date: 0 AUTOMATIC DISTRIBUTION OF SMALL ACCOUNTS FOLLOWING A SEVERANCE FROM EMPLOYMENT Section 0 of the Plan allows the Employer to automatically distribute certain small account balances following a Severance from Employment only if the Committee has checked YES below. The Committee must also indicate below the effective date of this election. The Committee should check NO to indicate that no automatic distribution will occur following a Severance from Employment or, at a later time, prospectively to change(as of a specified effective date) a prior election under this section. With respect to a Participant or an Alternate Payee whose Account or Alternate Payee Account does not exceed the amount set forth in Section 0 of the Plan, the Committee shall direct the automatic distribution of the Participant’s Account and Rollover Account or the Alternate Payee’s Alternate Payee Account as soon as practicable following the Participant’s Severance from Employment.  YES NO Effective date: 0 AUTOMATIC DISTRIBUTION OF INACTIVE SMALL ACCOUNTS Section 0 of the Plan allows the Employer to automatically distribute certain small account balances in inactive accounts only if the Committee has checked YES below and indicated the small account amount below. The Committee must also indicate below the effective date of this election. The Committee should check NO to indicate that no automatic distribution of inactive small accounts will occur or, at a later time, prospectively to change (as of a specified effective date) a prior election under this section. 0 Automatic Distributions after a Severance from Employment. With respect to a Participant or an Alternate Payee whose Account or Alternate Payee Account does not exceed the amount set forth in Section 0 of the Plan, upon an Account Participant’s Plan Benefit falling below [Insert any whole dollar amount up to the dollar limit under Section 411(a)(11)(A) of the Code] to the extent that the requirements of Section 0 of the Plan are met, the Committee shall direct the automatic distribution of the Participant’s Account and Rollover Account or the Alternate Payee’s Alternate Payee Account in accordance with 0 of the Plan.  YES (do not check YES unless a permissible amount is specified above) NO Effective date: 48 ---PAGE BREAK--- 0 PLAN LOANS FOR ACTIVE EMPLOYEES Section 0 of the Plan allows active Employees to request a Plan loan only if the Committee has checked YES below. The Committee must also indicate below the effective date of this election. The Committee should check NO to indicate that no Plan loans will be permitted or, at a later time, prospectively (as of a specified effective date) to change a prior election under this section. Participants who are active Employees shall be eligible to request a Plan loan and may be granted a loan pursuant to the requirements of Section 7.3 of the Plan.  YES NO Effective date: 0 PLAN LOANS FOR PARTICIPANTS ON AN APPROVED LEAVE OF ABSENCE Section 0 of the Plan allows Participants who are on an approved leave of absence to be eligible to request a Plan loan only if the Committee has checked YES above (permitting Plan loans for active Employees) and checked YES below extending the loan provisions to Participants on an approved leave of absence. The Committee must also indicate below the effective date of this election. The Committee should check NO to indicate that no Plan loans will be permitted for Participants on an approved leave of absence or, at a later time, prospectively to change (as of a specified effective date) a prior election under this section. Participants who are on an approved leave of absence from their Employer shall be eligible to request a Plan loan and may be granted a loan pursuant to the requirements of Section 0 of the Plan.  YES (do not check YES unless Plan Loans are authorized for active Employees) NO Effective date: Committee Elections – Modification of Default Plan Provisions 0 DURATION OF LOAN GRACE PERIOD Section 0 of the Plan allows the Committee to permit Plan loans (see elections above). If the Committee permits Plan loans, the Plan document states that, unless the Committee makes an election below, any such loan will be in default if a Participant fails to make a required loan repayment within 90 days following the due date for such repayment. The Plan document refers to this period as the “Loan Grace Period.” Section 0 of the Plan allows the Committee to specify a shorter Loan Grace Period by indicating a period of fewer than 90 days below and by indicating that such election will apply to Plan loans made after the effective date specified below. The Committee may, at a later time, indicate (as of a specified effective date) a different Loan Grace Period by making a new election under this section. The Loan Grace Period for purposes of Section 0 shall be 30 days [a number of days greater than 0 but less than 90] following the due date of a Participant’s scheduled loan repayment. 49 ---PAGE BREAK--- Effective date: 0 and 0 MINIMUM LUMP SUM AMOUNT Sections 0 and 0 of the Plan allow a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in a total or partial lump sum. The Plan document states that, unless the Committee makes an election below, the amount of a partial lump sum distribution cannot be less than $100. The Plan document refers to this amount as the “Minimum Lump Sum Amount.” Sections 0 and 0 of the Plan allow the Committee to specify a different Minimum Lump Sum Amount by indicating a dollar amount below and by indicating that such Minimum Lump Sum Amount will apply to distributions made after the effective date specified below. The Committee may also indicate there is no Minimum Lump Sum Amount by inserting the “none” or below. The Committee may, at a later time, indicate (as of a specified effective date) on a prospective basis a different Minimum Lump Sum Amount by making a new election under this section. The Minimum Lump Sum Amount shall be Effective 0 MINIMUM INSTALLMENT AMOUNT Section 0 of the Plan allows a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in periodic quarterly, semi-annual or annual installments. The Plan document states that, unless the Committee makes an election below, the amount of an installment distribution cannot be less than $100. The Plan document refers to this amount as the “Minimum Installment Amount.” Section 0 of the Plan allows the Committee to specify a different Minimum Installment Amount by indicating a dollar amount below and by indicating that such Minimum Installment Amount will apply to distributions made after the effective date specified below. The Committee may also indicate there is no Minimum Installment Amount by inserting the “none” or below. The Committee may, at a later time, indicate (as of a specified effective date) on a prospective basis a different Minimum Installment Amount by making a new election under this section. The Minimum Installment Amount shall be Effective 0 and 0 MAXIMUM ANNUAL NUMBER OF PARTIAL DISTRIBUTIONS PER PLAN YEAR Sections 0 and 0 of the Plan allow a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in a total or partial lump sum. The Plan document states that, unless the Committee makes an election below, the maximum number of partial lump sum distributions in a Plan Year may not exceed 12. The Plan document refers to this amount as the “Maximum Annual Number of Partial Distributions.” Sections 0 and 0 of the Plan allow the Committee to specify a different Maximum Number of Partial Distributions per Plan Year by indicating a different limit below and by indicating that such limit will apply to distributions made after the effective date specified below. The Committee may, at a later time, indicate (as of a specified effective date) on a prospective basis a different Maximum Number of Partial Distributions for a Plan Year by making a new election under this section. 50 ---PAGE BREAK--- The Maximum Annual Number of Partial Distributions for each Plan Year shall be Effective date: 0 DISTRIBUTION WAITING PERIOD Section 0 of the Plan allows a Participant who is otherwise eligible for a distribution under the Plan to elect to receive that distribution in a total or partial lump sum or in installments. Section 0 of the Plan document also states that, unless the Committee makes an election below, a distribution will be delayed for 45 days if the distribution would result in the Participant having an account balance of less than $500. The Plan document refers to this period as the “Distribution Waiting Period.” Section 0 of the Plan allows the Committee to specify a different Distribution Waiting Period by indicating a different limit below and by indicating that such limit will apply to distributions made after the effective date specified below. The Committee may also indicate there is no Distribution Waiting Period by inserting the word “none” below. The Committee may, at a later time, indicate (as of a specified effective date) on a prospective basis a different Distribution Waiting Period for a Plan Year by making a new election under this Schedule A . The Distribution Waiting Period shall be days. Effective date: On motion of Ms. Arnold, second by Mr. Cornell, Agenda Item No. 14 was introduced. Ms. Arnold said that TCI Renewables has made progress in addressing the inadequacies in the Draft Environmental Impact Statement, but that she and the Soil & Water Conservation have worked with the County’s consultant, Labella & Associates to list those inadequiaces that still exist. The said list was provided at the January 10th Ag & Planning Committee meeting. Mr. Willcox asked if there was any additional liability on the County’s part by passing this resolution. County Attorney Purser said this is the next step in SEQR process and the County is moving forward toward getting the document released to the public for review. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 16-13 Resolution Making a Declaration of Inadequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm WHEREAS, Air Energy TCI Inc. (“TCI”) proposes to lease land from the County at the County owned landfill as part of its proposed Crown City Wind Energy Project, AND WHEREAS, Resolution 384-08 established the county as lead agency under the State Environmental Quality Review Act, AND WHEREAS, Resolution 215-12 issued a positive declaration under New York State Environmental Quality Review which has required that TCI submit a draft environmental impact statement AND WHEREAS, TCI submitted a draft EIS on September 17, 2012, and TCI subsequently revised the draft to address various concerns and resubmitted on October 23, 2012, and again November 17, 2012, AND 51 ---PAGE BREAK--- WHEREAS, the Agriculture, Planning and Environment committee provided TCI with a list of existing inadequacies regarding the revised Draft Environmental Impact Statements on January 10, 2013, NOW THEREFORE BE IT RESOLVED that the Legislature hereby determines that the Draft Environmental Impact Statement, as revised by TCI on October 23, 2012 and November 17, 2012, is incomplete and inadequate for the reasons set forth by the Agriculture, Planning and Environment committee on January 10, 2013. The Clerk said an additional resolution, which was not included on the Agenda, but which relates to the proposed Crown City Wind Farm could be found on Legislators desks, and asked for a motion to suspend the Rules of Order to consider it. Mr. Park made a motion to suspend the Rules of Order. Second by Mr. Whitney. All members voting in favor; none opposed. The Rules of Order were suspended. Ms. Arnold said she has met with Mr. Park and representatives from Cortlandville and Truxton, who have expressed concern in how the SEQR process is being handled. She said most projects begin the SEQR process when the respective towns receive an application from the project sponsor. She said this is a unique situation, as the SEQR process began with the County, as the County has a potential lease of landfill property. This resolution encourages TCI Renewables to submit any necessary permit applications to the respective towns, and calls for all involved towns to be active participants in the SEQR process. The Clerk said that this is a non-binding resolution. On motion of Mr. Park, second by Mr. Troy, the resolution was introduced. All members voting in favor; none opposed. The resolution became: ON MOTION OF MR. PARK RESOLUTION NO. 17-13 Requesting Air Energy TCI Inc. to Submit Any Applications for Permits or Approvals to Towns Sited for the Crown City Wind Energy Project WHEREAS, Air Energy TCI Inc. (“TCI”) proposes to lease land from the County at the County owned landfill as part of its proposed Crown City Wind Energy Project, AND WHEREAS, the county is acting as lead agency under the State Environmental Quality Review Act, and has required that TCI submit a draft environmental impact statement AND WHEREAS, the wind energy project would be located in the Towns of Cortlandville, Homer, Truxton and Solon, AND WHEREAS, the towns are likely to have the primary jurisdiction and control over this project through their land use regulations, AND WHEREAS, TCI has not yet submitted any applications for permits or approvals to the Towns, NOW THEREFORE BE IT RESOLVED that the Chairman of Legislature contact TCI and request that any and all necessary permit applications be submitted to the Towns, AND BE IT FURTHER RESOLVED that the Chairman contact the four Town Boards to encourage their full participation in the environmental review process. 52 ---PAGE BREAK--- On motion of Ms. Arnold, second by Mr. Bushnell, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 18-13 Authorize 2013 Agreement/Planning Department CNY Regional Planning & Development Board 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 2013 in the amount of $16,254.00 has been received, AND WHEREAS, funds for this payment are included in the 2013 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 2013 with the Central New York Regional Planning and Development Board. On motion of Ms. Arnold, second by Mr. Troy, Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 19-13 Authorize Agreement/Planning Department Southern Tier East Regional Planning Development Board WHEREAS, a proposed agreement between Cortland County and the Southern Tier East Regional Planning Development Board for 2013 in the amount of $10,000. have been received, AND WHEREAS, funds for this payment of $10,000. are included in the 2013 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 2013 with the Southern Tier East Regional Planning Development Board. On motion of Ms. Arnold, second by Ms. Price, Agenda Item No. 17 was introduced. All members voting in favor; none opposed. Agenda Item No. 17 became: ON THE MOTION OF MS. ARNOLD RESOLUTION NO. 20-13 Authorize 2013 Agreement James W. Sewall Company and Cortland County Planning Department 53 ---PAGE BREAK--- 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 has presented a proposal for 2013 for 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 for an amount not to exceed $2,500.00, 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 for an amount not to exceed $2,500.00, beginning January 1, 2013 and ending December 31, 2013, between Cortland County and James W. Sewall Company to provide hosting and updating of the Internet Mapping Services site, AND BE IT FURTHER RESOLVED, funds for payment of said agreement are included in the 2013 budget. On motion of Ms. Arnold, second by Mr. Bushnell, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 21-13 Amend 2013 Budget Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Cortland County 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 2013, a budget amendment is required, NOW THEREFORE BE IT RESOLVED, THAT THE 2013 Budget be amended as follows: Increase: Expense A56305.52030 Motor Vehicle $282,100. Increase: Revenue A563042.42300 Section 5311 Capital Project/local $ 28,210. A563044.44597 Section 5311 Capital Project/state/fed $253,890. 54 ---PAGE BREAK--- On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 22-13 Authorize Agreement/ Purchase Protective Equipment (Town of Cortlandville) County Sheriff WHEREAS, the town of Cortlandville, in accordance with the attached, has agreed to donate $25,250.00 for the purchase of protective equipment (assault rifles, ammunition, car mounts and training) for the Cortland County Sheriff’s Department, NOW THEREFORE BE IT RESOLVED, that the Sheriff’s Department is hereby authorized to expend up to $25,250.00 for the purchase of protective equipment, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and Directed to sign the attached agreement. Made this 30th day of January 2013, by and between the TOWN OF CORTLANDVILLE, of 3577 Terrace Road, Cortland, New York, and the COUNTY OF CORTLAND, a municipal corporation with offices located at 60 Central Avenue, New York: 1. The Town of Cortlandville agrees to donate $25,250.00 to the County of Cortland to purchase protective equipment for the Cortland County Sheriff’s Department with the following conditions: a. Equipment is ordered, received and found to be acceptable to the Cortland County Sheriff’s Department b. Inspected by the Cortlandville Town Supervisor c. Invoice provided to the Cortlandville Town Supervisor 2. At that time, the invoice will be processed by the Town of Cortlandville and payment will be made within 14 days of the above conditions being met. 3. This shall be considered a one-time donation from the Town of Cortlandville to Cortland County for this purpose. 4. Cortland County agrees to hold the Town of Cortlandville harmless from any claims arising out of the use of the equipment purchased with this donation. 5. Cortland County agrees to maintain, service and make necessary any repairs that are required to the protective equipment purchased with the donated funds from the Town of Cortlandville. 6. This agreement shall bind and inure to the benefit of the successors and assigns of the respective parties. 7. Cortland County agrees to accept and receive the above donation upon the terms and conditions provided above. 55 ---PAGE BREAK--- On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 23-13 Authorize Creation of the Department of Emergency Response and Communications – Transfer Cortland County Emergency Communication Center and Various Personnel WHEREAS, the Cortland County Legislature has committed to implement a County-wide Interoperable Communication System, AND WHEREAS, the County has determined that a new department be created to include the County-wide Interoperable Communication System and consolidate emergency response and communications, NOW THEREFORE BE IT RESOLVED, that the Department of Emergency Response and Communications, with the appropriate budget, be created effective March 1, 2013 at 12:01 a.m., AND BE IT FURTHER RESOLVED, that the Cortland County Emergency Center be transferred to be consolidated into the Department of Emergency Response and Communications effective March 1, 2013 at 12:01 a.m., AND BE IT FURTHER RESOLVED, that the following positions in the Sheriff’s Department/budget be transferred to the Department of Emergency Response and Communications/budget effective March 1, 2013 at 12:01 a.m. : Dispatch Coordinator Senior Dispatcher Dispatcher (11) , AND BE IT FURTHER RESOLVED, that the position of Assistant Director of Fire and Emergency Management be transferred from the Fire and Emergency Management Department/budget to the Department of Emergency Response and Communications/budget effective March 1, 2013 at 12:01 a.m., AND BE IT FURTHER RESOLVED, that the title of Assistant Director of Fire and Emergency Management be changed to Assistant Director of Emergency Response and Communications to reflect the appropriate organizational changes effective March 1, 2013 at 12:02 a.m., AND BE IT FURTHER RESOLVED, that the Deputy Fire Coordinators positions in the Fire and Emergency Management Department/budget be transferred to the Department of Emergency Response and Communications /budget effective March 1, 2013 at 12:01 a.m. On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 21 was introduced. Ms. Price thanked Mr. Robert Duell for his dedicated service to the County during his tenure in this position. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 24-13 Abolish Fire and Emergency Management Department 56 ---PAGE BREAK--- and Director of Fire and Emergency Management WHEREAS, the Cortland County Legislature has created the Department of Emergency Response and Communications, AND WHEREAS, the duties and responsibilities of the newly created department will assume the duties assigned to the Fire and Emergency Management Department, NOW THRERFORE BE IT RESOLVED, that the Fire and Emergency Management Department and The Director of Fire and Emergency Management (Management Compensation Plan – Grade 10 $39,604/yr. - $48,184/yr. full-time Competitive Class) be abolished effective February 28, 2013 at 12:00 p.m. On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 25-13 Adopt Proposed Local Law for the Year 2013 A Local Law Establishing the Position of Director of Emergency Response and Communications BE IT ENACTED by the County Legislature of the County of Cortland, New York, as follows: Section I. It is hereby intended to establish the position of Director of Emergency Response and Communications, pursuant to Section 35 of the Civil Service law, which Director shall be appointed by the Cortland County Legislature and under the supervision of the County Administrator. Section 2. the said Director shall be vested with authority, direction and control over the Departments 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. the salary of the Director shall be noted by the County Legislature by resolution, as provided by the Salary Plan for the County of Cortland. 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 Administrator and 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 JPS Committee and County Legislature; 57 ---PAGE BREAK--- That the within delegation of powers and duties shall be expressly subject to all Civil Service laws, regulations, local laws or other provision of law. On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 23 was introduced. Public Defender Ed Goehler said he is requesting two paralegal positions to replace two secretary positions because the paralegals will be able to draft legal documents and answer legal questions, in addition to those duties performed by the secretaries. He said attorneys are spending too much time drafting their own briefs, typing and other such activities. He said such a change will save time, money and potentially expedite cases through the court system. He said there is an eligibility list to help those employees displaced by this restructuring. Mr. Troy asked if the timeframe to fill the positions is realistic, as the positions will be abolished tomorrow. Mr. Goehler said his office could handle the workload in the interim. Sheriff Price agreed that if the cases are moved through the court process sooner, that could have a positive effect on the Sheriff Department’s budget. Mr. Wheelock suggested creating one paralegal, and leaving one secretary. Ms. Price asked about the possibility of waiting until a vacancy exists to abolish the position, to allow no unemployment period for those affected. Personnel Director Annette Barber said the position needs to be abolished prior to the people being named to a preferred list. If they are not laid off, then there is no requirement for other departments to hire these people. They will remain on the preferred list for four years. Mr. Fuller made a motion to “call the question.” Second by Mr. Willcox. All members voting in favor; none opposed. The motion was approved. Mr. Natoli asked for a roll-call vote. Legislators Arnold, Bushnell, Cobb, Fuller, Pace, Parker, Troy, Whitney, Willcox and Park voted in favor. Legislators Boyden, Briggs, Cornell, Hartnett, Natoli, Price, Spaulding and Wheelock were opposed. The motion passed with a weighted vote of 25,684. Agenda Item No. 23 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 26-13 Abolish/Create Public Defender’s Office Secretary I and Secretary II/ Paralegal WHEREAS, the needs of the agency will be better served by restructuring and enhancing the clerical support in the Public Defender’s Office, AND WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Paralegal, AND WHEREAS, the Judiciary and Public Safety Committee recommends the creation of these positions, NOW THEREFORE BE IT RESOLVED, that one position of Secretary I (CSEA – Grade 9 $14.8905 – $18.4789/hr. full-time Competitive Class) be and hereby is abolished effective January 25, 2013, AND BE IT FURTHER RESOLVED, that one position of Secretary II (Management Compensation Plan – Grade 2 $16.5846 – $20.1777/hr. full-time Competitive Class) be and hereby is abolished effective January 25, 2013, AND BE IT FURTHER RESOLVED, that positions of Paralegal (Management Compensation Plan – Grade 4 $17.9379 - $21.8242/hr. full-time Competitive Class) be and hereby are created effective January 28, 2013. 58 ---PAGE BREAK--- On motion of Mr. Willcox, second by Mr. Troy, Agenda Item No. 24 was introduced. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 27-13 Authorize Agreement 6th Judicial Court District (Court Cleaning and Minor Repairs) Buildings & Grounds Department WHEREAS, 1996 NYS Legislation, Senate Bill No. 4428-b, allowed for changes in Section 39-b of the Judiciary Law and amends Sections 54-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, Cortland County has prepared a Budget for 2012-2013 as part of its responsibility for meeting the regulations for the above changes in the laws, 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, 2014 for Court Cleaning and Minor Repairs, NOW THEREFORE BE IT RESOLVED, that upon review and approval by the County Attorney or his designee, the Chairman of the Cortland County Legislature is hereby authorized to execute an agreement with the NYS Unified Court System 6th Judicial District for Court Cleaning and Minor Repairs for the period April 1, 2013 through March 31, 2014. On motion of Mr. Willcox, second by Ms. Price, Agenda Item No. 25 was introduced. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 28-13 Authorize Agreement Information Technology (All-Mode Communications, Inc.) WHEREAS, the Maintenance Agreement with All-Mode Communications, Inc. for the Voice over IP(VoIP) PBX located in the County Office Building has expired on December 31st, 2012, AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc for January 1st, 2013 thru December 31st, 2013 has been received in the amount of $2,269.80 if paid annually(includes a 3% discount) to come out of account 1680 1610 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. On motion of Mr. Willcox, second by Mr. Cornell, Agenda Item No. 26 was introduced. All members voting in favor; none opposed. Agenda Item No. 26 became: 59 ---PAGE BREAK--- ON MOTION OF MR WILLCOX RESOLUTION NO. 29-30 Authorize Maintenance Agreement Information Technology (All-Mode Communications, Inc.) WHEREAS, the Maintenance Agreement with All-Mode Communications, Inc. for the primary PBX located in the County Office Building has expired on December 31st, 2012, AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc for January 1st, 2013 thru December 31st, 2013 has been received in the amount of $7,205.16 if paid annually(includes a 3% discount) to come out of account 1680 1610 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. On motion of Mr. Pace, second by Ms. Briggs, Agenda Item No. 28 was introduced. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MR. PACE RESOLUTION NO. 30-13 Authorize Intermunicipal Agreement For Shared Litigation Expenses Certiorari Proceedings In The Town Of Homer WHEREAS, Resolution 275-11 pledged financial support to litigate certain Tax Certiorari proceedings, AND WHEREAS, two lawsuits have been brought to contest the real property tax assessments on certain property located within the town, which lawsuits are captioned Barber Donald Funeral Home, Inc. c/o SCI Funeral Services v. Board of Assessment Review and/or Assessor of the Town of Homer, and the Town of Homer, Cortland County, New York, Cortland County Supreme Court Index No. 11-378 and Barber Donald Funeral Home, Inc. c/o SCI Funeral Services v. Board of Assessment Review and/or Assessor of the Town of Homer, and the Town of Homer, Cortland, New York, Cortland County Supreme Court Index No. 12-336, AND WHEREAS, the parties involved herein are the County of Cortland, Town of Homer and the Homer Central School District, AND WHEREAS, the parties believe the existing real property assessments are just and proper, and wish to vigorously defend the assessments established by the Town Assessor, AND WHEREAS, the parties wish to share all costs and expenses of participating in the litigation in direct proportion to the tax revenues generated for each, NOW THEREFORE BE IT RESOLVED, that the Chairman, upon approval of the County Attorney as to form, is hereby authorized and directed to sign an Intermunicipal Agreement for Sharing Litigation Expenses with the Town of Homer and the Homer Central School District, AND BE IT FURTHER 60 ---PAGE BREAK--- RESOLVED, that Cortland County, pursuant to the terms of the aforementioned contract, will pay 42.2% of any and all costs and expenses associated with the litigation. Said payment is to be paid out of the Cortland County Liability Reserve Account (A17115.54055). On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 29 was introduced. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. PACE RESOLUTION NO. 31-13 Resolution Creating Tax Bill for Auctioned Property County Treasurer WHEREAS, the property at Tax Map No. 77.17-01-01.000 was sold at auction Dec. 15, 2012, AND WHEREAS, the buyer defaulted on the purchase, thus allowing the property to be sold to the second highest bidder, AND WHEREAS, according to the terms of the sale, no back taxes are owed by the purchaser, however no tax bill was created for 2012 as there was no clear owner when tax bills were sent, NOW THEREFORE BE IT RESOLVED, that the Real Property Tax Office, in cooperation with the County Treasurer and County Attorney, are hereby authorized and directed to create a tax bill for the property (Tax Map No. 77.17-01-01.000), currently owned by Eugene and Amy Hnatko, in the amount of $585.51. On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 30 was introduced. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. PARK RESOLUTION NO. 32-13 Petition NYS Governor and State Representatives Local Government Records Improvement Management Funds Authorization of Application Process and Termination of Seizure of Funds WHEREAS, NYS has long understood the importance of efficient records management policies and procedures to ensure the continuity of government, protection from liability, and preservation of historical documents, AND WHEREAS, in 1987, the Local Government Records Management Improvement Fund was created in NYS with the clear intent to provide funding for programs for local government to establish, create and maintain procedures and programs to ensure the integrity and preservation of government records, AND WHEREAS, County Clerks across NYS collect this money on records presented for recording of land records and civil court filings and forward all money collected to the NYS Commissioner of Taxation and Finance to be placed in a dedicated fund in accordance with statute, AND WHEREAS, $3,394,000.00 has been taken from this dedicated fund to offset deficiencies in the NYS budget, AND WHEREAS, in addition to the sweeping of funds, this year the Budget Division has refused to authorize the application process for the 2012-14 cycle, NOW THEREFORE BE IT 61 ---PAGE BREAK--- RESOLVED, that the Cortland County Legislature does hereby petition the Governor of the State of New York and our state representatives to demand that the NYS Division of Budget authorize the application process for grants through the Local Government Records Management Improvement Fund for the grant cycle 2013-2014, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature does hereby petition the Governor of the State of New York and our state representatives to demand that the deceitful and immoral practice of sweeping money collected for a dedicated purpose and using it for other purposes cease immediately, AND BE IT FURTHER RESOLVED, that the Clerk of the Cortland County Legislature send certified copies of this resolution to the Governor of the State of New York and our state representatives. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 31 was introduced. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. PARK RESOLUTION NO. 33-13 Authorize Payment Tompkins Cortland Community College (Operating Budget 2012-2013) WHEREAS, the Cortland County Legislature by Resolution No. 185-12 approved the 2012-2013 Operating Budget for Tompkins Cortland Community College and appropriated the necessary funds in the 2013 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 2012-2013 on the following dates in the following manner: February 1, 2013 $397,515.50 April 1, 2013 $397,515.50 June 1, 2013 $397,515.50 August 1, 2013 $397,515.50 Total $1,590,062.00 , 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. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 32 was introduced. All members voting in favor; none opposed. Agenda Item No. 32 became: 62 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 34-13 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) WHEREAS, the 2013 Adopted Budget appropriated the sum of $255,984.00 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 Conservation 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 $255,984.00 (Account Number A87105 54850) on or after February 18, 2012 to the Cortland County Soil and Water Conservation District to be used for the maintenance of said conservation district and to assist said conservation district in carrying out the provisions of the Soil Conservation Districts Law, AND BE IT FURTHER RESOLVED, that at any time during 2013, the Chairman 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. On motion of Mr. Park, second by Ms. Price, Agenda Item No. 33 was introduced. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. PARK RESOLUTION NO. 35-13 Authorize Agreement Finger Lakes Library Association RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized and directed on behalf of the County of Cortland, to enter into an agreement with Finger Lakes Library Association for the year 2013, whereas in consideration of the sum of $3,500.00 (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. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 34 was introduced. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MR. PARK RESOLUTION NO. 36-13 63 ---PAGE BREAK--- 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 in the 2013 Budget in account A75205.54826, 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 execute an agreement with the Cortland County Historical Society to be paid from account A75205.54826 Miscellaneous Contract for the purposes of collecting and preserving historical records of Cortland County. On motion of Mr. Park, second by Ms. Briggs, Agenda Item No. 35 was introduced. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. PARK RESOLUTION NO. 37-13 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 in the 2013 Budget in account A75205.54843, 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 execute an agreement for the amount of $12,500.00 with the 1890 House Museum to be paid from account A75205.54843 Miscellaneous Contract. On motion of Mr. Park, second by Ms. Briggs, Agenda Item No. 36 was introduced. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. PARK RESOLUTION NO. 38-13 Authorize Agreement Lime Hollow Nature Center RESOLVED, that the Chairman 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 2013 whereby in consideration of the sum of $9,557.00 paid by the County, said nature center shall provide access to and promote, publicize and market, the public trails, programs, exhibits within Cortland County, AND BE IT FURTHER 64 ---PAGE BREAK--- 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. On motion of Mr. park, second by Ms. Price, Agenda Item No. 37 was introduced. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. PARK RESOLUTION NO. 39-13 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 Chairman 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. (Account Number A87205-54855) for the term of January 1, 2013 through December 31, 2013. On motion of Mr. Park, second by Ms. Cobb, Agenda Item No. 38 was introduced. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. PARK RESOLUTION NO. 40-13 Authorize Agreement Cortland County (Cornell Cooperative Extension) WHEREAS, the 2013 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 Chairman 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 $294,000.00 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 65 ---PAGE BREAK--- RESOLVED, that any unused amounts of said sums shall be refunded to the County of Cortland. On motion of Mr. Park, second by Ms. Briggs, Agenda Item No. 39 was introduced. All members voting in favor; except Mr. Wheelock, who was opposed. Agenda Item No. 39 became: ON THE MOTION OF MR. PARK RESOLUTION NO. 41-13 Authorize Agreement Cortland County SPCA WHEREAS, the Cortland County Legislature has appropriated funds for use by the Cortland County Society for the Prevention of Cruelty of Animals, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute 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 paid by the county, beginning January 1, 2013, and ending December 31, 2013, the SPCA will provide during normal business hours Monday thru 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 to pay said Society the sum of $42,000 (Account Number A35105 54820) in accordance with the terms of said contract. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 40 was introduced. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. PARK RESOLUTION NO. 42-13 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 2013 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: 66 ---PAGE BREAK--- 1. The amounts to be paid from County funds shall not exceed Four Hundred and Fifteen Thousand Dollars ($415,000) for term of this agreement. 2. The Bureau shall provide the County with its services and shall promote and publicize the advantages of Cortland County in such a mode and manner as it deems appropriate, including, but not limited to, all media, print, radio, television, direct contact, event publicity, contests, or other promotional devices. 3. Payment shall be made by the County Treasurer in the sum of $207,500 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, 2013 to December 31, 2013. 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 2013 with the Cortland County Convention and Visitors Bureau for the sum of $415,000 in accordance with the terms of said contract. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 41 was introduced. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. PARK RESOLUTION NO. 43-13 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 in the 2013 Budget in account A75205.54843, 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 execute an agreement for the amount of $15,000.00 with the CNY Living History Center to be paid from account A75205.54841 Miscellaneous Contract. Announcements Mr. Troy thanked Dan Dineen and the Planning Department for distributing the 2014 Legislative District Maps. 67 ---PAGE BREAK--- Ms. Briggs said the Cortland County Board of Realtors has created a Legislative Committee to stay more informed on topics that may affect the local real estate market, and the department heads may occasionally be attending meetings with this committee. Ms. Price thanked Personnel Director Annette Barber and those involved in collecting and providing the material associated with the restructuring of the Public Defender’s office and the new 911 Emergency Communications Department. Mr. Pace said the Personnel Committee has requested a letter be sent on their behalf to the City Common Council, asking the City to consider redistricting in accordance with the new legislative districts to help alleviate potential costs and confusion during elections. He asked all city legislators to see him if they are also interested in signing the letter. Executive Session Ms. Arnold made a motion to go into Executive Session to discuss pending litigation. Seconded by Ms. Briggs. All members voting in favor; none opposed. The motion was approved. The Legislature held an Executive Session. Adjournment Following the Executive Session, Mr. Park adjourned the meeting. Cortland County Legislature February 19, 2013 Special Meeting - 4:00 P.M. Minutes Order of Business Chairman Park opened the meeting at approximately 4:00 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Legislators Bushnell, Cobb and Ross, who were excused. New Business On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 1 was introduced. Ms. Price said both her town boards object to the selection process, appearance of secret meetings, cronyism, and a short advertisement of the position. She said she has not heard anything in opposition to the candidate, only the process. Personnel Director Annette Barber distributed a resume and application from Mr. Roman, advising that the material was to be kept confidential, and any discussion about it should be held in executive session. Mr. Murphy said he was not involved in any secret meetings. The job specifications were taken from similar positions in other counties, not written for one individual. Mr. Fuller said he was also on the interview committee and denied any secret meetings or other inappropriate conduct. Mr. Park called for a roll call vote. All members present voting in favor; except Ms. Price, who was opposed. The motion was approved. Agenda Item No. 1 became: 68 ---PAGE BREAK--- ON MOTION OF MR. WHITNEY AGENDA ITEM NO. 44-13 Appoint Director of Emergency Response and Communications Cortland County Emergency Response and Communications Department WHEREAS, the Cortland County Legislature has a vacant position of Director of Emergency Response and Communications, AND WHEREAS, the duties and powers of the County Administrator as Chief Administrative Officer provide for the Administrator to monitor the department heads and provide general supervision to each department, AND WHEREAS, Local Law No. 7 of year 2002 reserves and prescribes the duty to the County Administrator to make recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Administrator has conducted interviews of interested candidates and offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator the recommendation for appointment of Scott Roman as Director of Emergency Response and Communications Director, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Scott Roman as Director of Emergency Response and Communications at an annual salary of $66,108 (Management Compensation Plan Grade 4, step 3) pursuant to the terms and conditions of the Management Confidential/ Management Employment Policy. Announcement Mr. Park asked for volunteers to draft a resolution regarding the NYS SAFE Act, which relates to gun control. The group will consist of Legislators Parker, Fuller, Arnold, Pace, Wheelock and Willcox, and Mr. Fuller will be the chair. Mr. Park asked that a resolution be prepared for the Feb. 28 Legislative Session. Mr. Parker said Barbara Lifton will be holding a town hall meeting at the Cortlandville Town Hall on Friday, Feb. 22, 2013. Adjournment Mr. Park adjourned the meeting. Cortland County Legislature February 28, 2013 6:00 P.M. Minutes 69 ---PAGE BREAK--- Order of Business Chairman Park opened the regular meeting at 6:00 p.m., followed by the Salute to the Flag, and a moment of silence for Steven Feint, Director of Weights & Measures who passed away this month. The Clerk of the Legislature took roll call. All members were present except Mr. Bushnell, who was excused. Approval of Minutes Mr. Troy made a motion to approve the minutes of the January 24, 2013 Regular Meeting, and the February 19, 2013 Special Meeting. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Chairman Park granted privilege of the floor to Mr. Grant VanSant of Homer. Mr. VanSant said the Bar Association does not approve of the County Attorney handling the assigned counsel administration for indigent defense, however the previous work that was done in the Public Defender’s office was also a violation. He said the Bar Association is willing to continue to work with the County to address the situation. Mr. Beau Harbin of Cortland spoke in opposition to Agenda Item No. 1. He read a statement regarding Sandy Hook Elementary School, and encouraged legislators to support the NY SAFE Act. Proclamations & Recognitions The Clerk read a proclamation declaring March as Developmental Disabilities Awareness Month. The proclamation will be presented by Ms. Price at an event of the Cortland-Madison ARC in March. The Clerk read a proclamation declaring March 19 as Agriculture Day in Cortland County. Chairman Park will present the proclamation at an Ag Dinner that night. Presentation of Petitions, Communications and Notices TC3 President Carl Haynes presented the 2013 State of the College Address. Director of the Area Agency on Aging Liz Haskins, Ms. Price and Mr. Fuller challenged the Legislators to participate in the Feinstein Challenge, collecting food for local panties. Mr. Murphy shared a letter to NYS representatives endorsing Governor Cuomo’s policy reforms and requesting additional mandate relief. Mr. Willcox made a motion to amend the letter, second by Mr. Cornell. A show of hands showed the motion failed. Mr. Hartnett made a motion to approve the letter as it was written. Second by Ms. Briggs. All members voting in favor; none opposed. the motion was approved. Receive & File Mr. Troy made a motion to Receive & File a recognition from Sustainable Tompkins in honor of the County’s Natural Gas Task Force; and the resubmission of the Draft Environmental Impact Statement from TCI Renewables for the proposed Crown City Wind Farm. Second by Ms. Price. All members voting in favor, none opposed. The documents were received and filed. Mr. Park called for a five minute recess. New Business On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 1 was introduced. Chairman Park called for a roll call vote. Mr. Cornell said the towns of Marathon and Lapeer are in favor of the resolution. Mr. Troy said he 70 ---PAGE BREAK--- favors stricter gun control, but this law was poorly written and will prove costly to the County to implement. All members voting in favor; none opposed. The resolution was approved with a weighted vote of 46,237. Agenda Item No. 1 became: ON MOTION OF MR. FULLER RESOLUTION NO. 45-13 Calling for the Repeal of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE Act”) WHEREAS, the lawful ownership of firearms is, and has been, a valued tradition in Cortland County, and the rights protected by the Second Amendment to the United State Constitution are exercised by many of our residents, AND WHEREAS, the Cortland County Legislature acknowledges that in 2008, the Supreme Court established, via District of Columbia vs Heller, that the Second Amendment does not limit laws regulating the sales of guns, or prohibit possession of guns by the mentally ill or by felons, nor does it prohibit penalties against the carrying of guns in schools and government buildings, AND WHEREAS, the enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE Act”) has engendered significant controversy over both the process by which it was enacted and certain provisions contained within it, AND WHEREAS, it is our understanding that many State Legislators had less than an hour to read the legislation, which contained approximately twenty-five thousand words, before being forced to vote on it, AND WHEREAS, our State Legislators most certainly could not have read the entire bill and understood its full implications prior to voting on it, nor had time to request and receive the input of their constituents regarding this matter, AND WHEREAS, this legislation has 60 sections, of which only three take effect immediately, AND WHEREAS, in our opinion, there was no reason for the Governor to have used a message of necessity to bring this bill to vote immediately and bypass the three day maturing process for all legislation, AND WHEREAS, the rushed process in drafting the NY SAFE Act resulted in complex policy changes, many of which have been left up to interpretation, are confusing, and were not thoroughly considered, AND WHEREAS, the provisions of the NY SAFE Act are intended to ensure the mentally ill cannot obtain firearms and requires mental health professionals to report anyone that is likely to be a danger to themselves and others could serve to further stigmatize the mentally ill and deter them from seeking help, AND WHEREAS, the NY SAFE Act makes it the responsibility of mental health professionals to report individuals that are likely to engage in conduct that would result in serious harm to themselves or others to the County Director of Community Services (DCS) who, in turn, must report those individuals to the Division of Criminal Justice Services, AND WHEREAS, the NY SAFE Act extends the maximum initial period of and Assisted Outpatient Treatment (AOT) order from 6 to 12 months, AND WHEREAS. the NY SAFE Act extends the expiration date of AOT statute for two more years until June 30, 2017, AND 71 ---PAGE BREAK--- WHEREAS, the NY SAFE Act requires the transfer of a current AOT order from one Local Government Unit (LGU) to another if it is known that the assisted outpatient is moving to another jurisdiction, AND WHEREAS, the NY SAFE Act requires the DCS prior to the expiration of an AOT order, to review whether an assisted outpatient continues to meet AOT criteria, AND WHEREAS, the NY SAFE Act requires the Director of the Central NY Forensic Center to conduct a clinical assessment prior to discharge of state prison inmates committed to OMH hospitals to determine if the individual meets the criteria for an AOT order. If the individual meets AOT criteria, the facility director can petition the court or submit a report to the DCS for a 9.47 investigation, AND WHEREAS, a 9.47 investigation requires the DCS to work with the courts and the service coordinators/providers to investigate and report persons who may be in need of assisted outpatient treatment, AND WHEREAS, the NY SAFE Act provides no additional funding for the executive orders listed above, AND WHEREAS, more success would be realized by directing additional financial support to mental health programs and resources; along with improving education of teachers and physicians to recognize warning signs and help people seek help before a problem occurs, AND WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on their permits, which now also must be renewed every 5 years, does not increase the safety of the public and is unnecessarily burdensome to law-abiding gun owners of New York State, AND WHEREAS, there will be significant financial and time impact to the law-abiding gun owners who will now have to renew their pistol permits every 5 years at a cost, and significant financial and time impact to the Counties if they are mandated to become responsible for the 5 year re-certification process, AND WHEREAS, this legislation prohibits the sale of firearm magazines with a capacity larger than seven rounds, AND WHEREAS, those firearm magazines with a capacity larger than seven rounds, which are authorized to be retained by existing owners, may only be loaded with seven rounds and eventually must be permanently altered to only accept seven rounds or be disposed of, thus constituting a seizure of legally owned personal property with no provision for compensation, AND WHEREAS, few or no low capacity (7 rounds or less) magazines currently exist for many of the firearms commonly possessed by law-abiding residents of New York State, AND WHEREAS, limiting the number of rounds to seven versus ten is arbitrary and capricious; has no correlation to public safety, as the number of magazines a person can own or carry is not limited and it only takes a few seconds to switch magazines; unfairly burdens law-abiding gun owners; and puts an undue burden on gun manufacturers to retool their manufacturing plants, AND WHEREAS, the only persons who will comply with the new high-capacity magazine ban are law abiding citizens, leaving the same high-capacity magazines in the hands of those who choose not to obey the law, AND 72 ---PAGE BREAK--- WHEREAS, the NY SAFE Act does not ban semi-automatic firearms, but only bans military features on semi-automatic firearms such as a pistol grip, a lug allowing acceptance of a bayonet, or an adjustable stock to allow the gun to fit more than one size person, AND WHEREAS, not allowing these features on semi-automatic firearms will do little, if anything, to reduce gun violence; and WHEREAS, requiring documentation of all ammunition sales in New York State, as provided for in this legislation, is a significant and unfunded mandate on business, AND WHEREAS, while there are some areas of the legislation that the Cortland County Legislature finds encouraging the strengthening of Kendra's law and Mark's law, as well as privacy protections for certain of pistol permit holders, many other provision do little more than negatively impact lawful gun owners, AND WHEREAS, according to the New York State Association of County Clerks, NY SAFE also created new requirements regarding pistol permit recertification which has been assigned to the State Police but will involve increased processing requirements for County Clerks offices where local applications are currently processed, AND WHEREAS, according to the New York State Sheriff’s Association, NYS SAFE will also increase requirements for Sheriffs who process and investigate permit applications, AND WHEREAS, NYS SAFE expressly states that no costs of this law shall be borne by local governments, however many county departments will experience increased workload due to the new requirements the law creates, AND WHEREAS, the legislation fails to offer any meaningful solution to gun violence and places increased burdens where they do not belong, on the back of law-abiding citizens and as unfunded mandates for county governments, AND WHEREAS, this legislation has the potential to turn New York State law-abiding gun owners into criminals, AND WHEREAS, the manner in which this legislation was brought forward for a vote in the State Legislature is deeply disturbing, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature requests the repeal New York Secure Ammunition and Firearms Enforcement Act of 2013 (“NY SAFE Act”) for the reasons mentioned in the preceding paragraphs of this resolution, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature strongly encourages members of the New York State Legislature to hold public hearings to address the issue of gun violence in a way that will produce meaningful results, AND BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor Andrew Cuomo, Senate Temporary President Dean Skelos, Senator Jeff Klein, State Senator James Seward, Assembly Speaker Sheldon Silver, and Assembly persons Barbara Lifton, Gary Finch, and Brian Kolb. 73 ---PAGE BREAK--- On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 2 was introduced. County Attorney Purser said the position automatically serves on the Communications Advisory Board and the Fire Advisory Board, so no additional appointments are necessary. All members voting in favor; none opposed. Agenda Item No. became: ON MOTION OF MR. PARK RESOLUTION NO. 46-13 Appoint County Fire Coordinator Emergency Response and Communications WHEREAS, on December 18, 1950 the Cortland County Legislature established the office of Cortland County Fire Coordinator, AND WHEREAS, the position of County Fire Coordinator is vacant due to the abolishment of the Fire and Emergency Management Department and the Director of Fire and Emergency Management by Resolution No. 24- 13, AND WHEREAS, pursuant to County Law §225-a, the County Legislature shall appoint a County Fire Coordinator, AND WHEREAS, Local Law No. 1 of 2013 created the position of Director of Emergency Response and Communications and transferred all duties and responsibilities of the former Fire and Emergency Management Director, AND WHEREAS, Resolution No. 44-13 appointed Scott Roman as Director of Emergency Response and Communications, NOW THEREFORE BE IT RESOLVED, that Scott Roman, 11 Townley Ave., Cortland, NY 13045 is hereby appointed as Cortland County Fire Coordinator. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 3 was introduced. Ms. Haskins said that NYS is one of four states to receive this grant, with the goal of coordinating community services, reduce duplication and keep people independent and living in their own homes. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 47-13 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 $36,800.00 for Systems Integration for the period April 1, 2012 through September 30, 2014, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-52060 4337 Computer Equipment 6,105.00 A67725-54000 4337 Telephone 1,550.00 74 ---PAGE BREAK--- A67725-54001 4337 Duplicating/Printing 200.00 A67725-54004 4337 Computer Software 4,165.00 A67725-54005 4337 Office Supplies 1,730.00 A67725-54020 4337 Postage 200.00 A67725-54035 4337 Training & Education 1,500.00 A67725-54045 4337 Travel & Related Expenses 1,000.00 A67725-54047 4337 Mileage 2,200.00 A67725-54055 4337 Professional Services +$17,150.00 A67725-54060 4337 Advertising 1,000.00 Revenues: A677243-43772 4337 State Aid – POE +$36,800.00 On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 4 was introduced. Ms. Haskins said that the major part of the cost will be covered by more than $18,000 in fundraising money. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 48-13 Amend Budget Area Agency on Aging/Nutrition Program (Dishwasher) WHEREAS, the Cortland County Area Agency on Aging Nutrition Program has received a donation from the Coalition of Center Councils of Cortland County, Inc. in the amount of $18,604.00 for the purchase of a new dishwasher for the Nutrition Program Central Kitchen, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expenses: A67745-52250 4340 Household Equipment +$18,604.00 Revenues: A677442-41972 4340 Donations +$18,604.00 On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 49-13 Authorize Agreements Area Agency on Aging (Several Agencies, Departments, Etc.) 75 ---PAGE BREAK--- 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 agreements in 2013 for or with the following: Partnership for Healthy Aging Language Services Associates, Inc. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MS. PRICE RESOLUTION NO. 50-13 Authorize Agreement Maintenance & Supplies Employment & Training WHEREAS, Cortland County owns a copier currently used by the Cortland Works Career Center, AND WHEREAS, said copier does not fall within the County’s lease agreement with TOSHIBA, and the Employment & Training Department, with the approval of Information Technology Department wishes to continue use of said copier, AND WHEREAS, said copier is in need of occasional maintenance and supplies, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature, upon approval by the County Attorney, is here by authorized and directed to enter into an agreement with Toshiba Business Solutions to provide Maintenance and Supplies, including all parts, labor, unlimited service calls and toner, to the Cortland Works Career Center for a term to begin January 1, 2013, through December 31, 2013, at the cost not to exceed $1,040.00. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MS. PRICE RESOLUTION NO. 51-13 Authorize Agreement Health Department/Health Education (Cancer Services Program of Cortland and Tompkins Counties) WHEREAS, the County of Cortland is responsible for providing cancer screening, diagnostics and education for women 40 and older for breast and cervical cancer and men and women 50 and older for colorectal cancer screening who are uninsured or underinsured, AND WHEREAS, the original contract was scheduled to end on 3/31/2013, AND WHEREAS, the New York State Department of Health is requesting to extend the contract by 7 months, NOW THEREFORE BE IT RESOLVED, that the New York State Cancer Services Program be extended for seven month period April 1, 2013 – October 31, 2013, AND BE IT FURTHER 76 ---PAGE BREAK--- 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 extension with New York State Department of Health, Cancer Services Program for the seven month period April 1, 2013, through October 31, 2013. On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MS. PRICE RESOLUTION NO. 52-13 Authorize Agreement/Accept Funds Health Dept./Environmental Health Rabies Program WHEREAS, the Cortland County Health Department has been awarded $72,558.20 from the New York State Department of Health to continue the Rabies Program for the period 4/1/2012 through 3/31/2017, to continue to provide human rabies treatment, specimen collection, pet vaccination clinics, and education and prevention activities, AND WHEREAS, $14,511.64 are in the 2013 County Budget and subsequent Annual Budgets in Expenditure Accounts A40125.54001-54500.4022, $14,511.64(Contractual), and Revenue Account A401243.43450.4022, $14,511.64, 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. On motion of Ms. Price, second by Mc. Cobb, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MS. PRICE RESOLUTION NO. 53-13 Accept Funds Health Department/Jacobus Center for Reproductive Health (Family Planning Program) 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 4/1/12 through 3/31/13 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 04/01/2012-03/31/2013, needs to be added in the 2013 County Budget Revenue Account A403543.43435. $29,374 for the period of 04/01/2012-03/31/2013, funds are already reflected in the 2012/2013 County Budget Expenditure Accounts A40355.1005-1040 $12,765(Personal Services), A40355.58020-58065 $16,609 (Fringe), NOW THEREFORE BE IT RESOLVED, that the 2013 Budget is hereby amended as follows: 77 ---PAGE BREAK--- Increase: Revenue: A403543.43435 Jacobus Revenue $29,374 On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MS. PRICE RESOLUTION NO. 54-13 Accept Funds Health Department/Children with Special Health Care Needs Program) 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 4/1/12 through 3/31/13 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 04/01/2012-03/31/2013, needs to be added in the 2013 County Budget Revenue Account A405944.44451. $1,447 for the period of 04/01/2012-03/31/2013, funds are already reflected in the 2012/2013 County Budget Expenditure Accounts A40595.58020-58065 $1,447 (Fringe), NOW THEREFORE BE IT RESOLVED, that the 2013 Budget is hereby amended as follows: Increase: Revenue: A405944.44451 EIP Admin $1,447 On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MS. PRICE RESOLUTION NO. 55-13 Accept Funds Health Department/Immunization (Immunization Program) 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 4/1/12 through 3/31/13 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Immunization Program, AND WHEREAS, $2,406 for the period of 04/01/2012-03/31/2013, needs to be added in the 2013 County Budget Revenue Account A401143.43450.4032. $2,406 for the period of 04/01/2012-03/31/2013, funds are already reflected in the 2012/2013 County Budget Expenditure Accounts A40115.58020-58065 $2,406 (Fringe), NOW THEREFORE BE IT RESOLVED, that the 2013 Budget is hereby amended as follows: 78 ---PAGE BREAK--- Increase: Revenue: A401143.43450.4032 Immunization Grant $2,406 On motion of Ms. Price, second by Mr. Ross, Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MS. PRICE RESOLUTION NO. 56-13 Accept Funds Health Department/Lead Poisoning (Lead Poisoning Prevention Program) WHEREAS, the Cortland County Health Dept. has been awarded an additional $3,213 in the form of a Cost of Living Adjustment to the Immunization Program funded by the NYS Dept. Health for the period 4/1/12 through 3/31/13 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Lead Poisoning Prevention Program, AND WHEREAS, $3,213 for the period of 04/01/2012-03/31/2013, needs to be added in the 2013 County Budget Revenue Account A401143.43450.4033. $3,213 for the period of 04/01/2012-03/31/2013, funds are already reflected in the 2012/2013 County Budget Expenditure Accounts A40115.58020-58065(Fringe), NOW THEREFORE BE IT RESOLVED, that the 2013 Budget is hereby amended as follows: Increase: Revenue: A401143.43450.4033 Lead Poisoning Prevention Grant $3,213 On motion of Ms. Price, second by Mr. Wheelock, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MS. PRICE RESOLUTION NO. 57-13 Accept Funds Health Department/ATUPA (Tobacco Enforcement Program) WHEREAS, the Cortland County Health Dept. has been awarded an additional $2,360 in the form of a Cost of Living Adjustment to the Tobacco Enforcement Program funded by the NYS Dept. Health for the period 4/1/12 through 3/31/13 to promote the recruitment and retention of staff or respond to other critical non-personal service costs for the Tobacco Enforcement Program, AND WHEREAS, $2,360 for the period of 04/01/2012-03/31/2013, needs to be added in the 2013 County Budget Revenue Account A401243.43450.4023. $2,360 for the period of 04/01/2012-03/31/2013, funds are already reflected in the 2012/2013 County Budget Expenditure Accounts, A40125.51005 (Personnel), A40125.58020-58065(Fringe), and A40125.54005-54300.4023 (Contractual), NOW THEREFORE BE IT RESOLVED, that the 2013 Budget is hereby amended as follows: 79 ---PAGE BREAK--- Increase: Revenue: A401243.43450.4023 ATUPA Grant $2,360 On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MS. PRICE RESOLUTION NO. 58-13 Accept Funds Health Department/Tobacco (Tobacco Use Prevention Program) WHEREAS, the Cortland County Health Dept. has been awarded an additional $12,030 in the form of a Cost of Living Adjustment to the Tobacco Use Prevention Program funded by the NYS Dept. Health for the period 4/1/12 through 3/31/13 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, $12,030 for the period of 04/01/2012-03/31/2013, needs to be added in the 2013 County Budget Revenue Account A401043.43450.4002. $12,030 for the period of 04/01/2012-03/31/2013, funds are already reflected in the 2012/2013 County Budget Expenditure Accounts, A40105.51005 (Personnel), A40105.58020-58065(Fringe), and A40105.54000-54078.4002 (Contractual), NOW THEREFORE BE IT RESOLVED, that the 2013 Budget is hereby amended as follows: Increase: Revenue: A401043.43450.4002 Tobacco Use Prevention Grant $12,030 On motion of Ms. Price, second by Mr. Wheelock, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MS. PRICE RESOLUTION NO. 59-13 Accept Funds/Amend 2013 Budget Authorize Expense Account – Catholic Charities HCCA Mental Health WHEREAS, the New York State Office of Mental Health has approved additional funding for Catholic Charities in 2013 in the amount of $15,349.00 in order to institute a Health Home Program, NOW THEREFORE BE IT RESOLVED, that the 2013 county budget be amended as follows: Increase: Expenses: A 43105 54870 4215 Catholic Charities HCCA (OMH) $15,349.00 80 ---PAGE BREAK--- Revenues: A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH $15,349.00 On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MS. PRICE RESOLUTION NO. 60-13 Authorize Agreement Department of Social Services (Office of Children and Family Services) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the New York State Office of Children and Family Services for the acquisition and utilization of video-teleconferencing equipment, AND WHEREAS, there is no cost to the County, 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 with the New York State Office of Children and Family Services for the acquisition and utilization of video-teleconferencing equipment. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 17 was introduced. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 61-13 Re-Appropriate Funds/Amend 2013 Budget Printing of Legislative Journals County Legislature WHEREAS, the Clerk of the Legislature is required to have printed an annual Journal of Proceedings, AND WHEREAS, said funds were not expended in 2012, NOW THEREFORE BE IT RESOLVED, that the 2013 Budget be amended as follows: Increase: Expense: Account A10105 54001 Copying/Printing $ $2,095.65 On motion of Mr. Ross, second by Ms. Price, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. ROSS RESOLUTION NO. 62-13 Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for the Cortland County Consolidated Agricultural District 81 ---PAGE BREAK--- Planning Department WHEREAS, Article 25-AA, Section 303 of the Agriculture and Markets Law, states that the County Legislature shall review any agricultural district created eight years after the date of the creation and every eight years thereafter, 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 modification of this district, AND WHEREAS, it is the County’s intent to support meaningful local farmland protection, encourage active farming on viable agricultural lands and strengthen current developmental patterns to reflect a rural lifestyle, 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 Declaration of Environmental Impact under State Environmental Quality Review stating that there will be no significant adverse environmental impact resulting from the modification and adoption of the Cortland County Consolidated Agricultural District. On motion of Mr. Ross, second by Mr. Cornell, Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. ROSS RESOLUTION NO. 63-13 Adopt Cortland County Consolidated Agricultural District Planning Department WHEREAS, Article 25-AA, Section 303 of the Agriculture and Markets Law, states that the County Legislature shall review any district created eight years after the date of the creation and every eight years thereafter, AND WHEREAS, the Agriculture and Farmland Protection Board has established a policy whereby any landowners of a parcel of land of less than 7 acres must provide written justification to the Agriculture and Farmland Protection Board as to the capacity of such property to be a viable agricultural land in order for a property of less than 7 acres to be considered for inclusion in the Cortland County Consolidated Agricultural District, AND WHEREAS, the Agriculture and Farmland Protection Board and the Legislature’s Agriculture/Planning/Environment Committee have completed all necessary steps and procedures required for reestablishment of the Agricultural District, AND WHEREAS, the Agriculture and Farmland Protection Board recommends to the County Legislature for adoption, the reestablishment of the Cortland County Consolidated Agricultural District, NOW THEREFORE BE IT RESOLVED, that revisions to the list of land parcels for inclusion in the reestablished Agricultural District, which include additions to and deletions from the district as shown on the attached list, be made to the Cortland County Consolidated Agricultural District. On motion of Mr. Ross, second by Mr. Troy, Agenda Item No. 20 was introduced. Mr. Ross said the County partners with the Seven Valley Health Coalition for the local match to reduce County costs. All members voting in favor; none opposed. Agenda Item No. 20 became: 82 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 64-13 Authorize Grant Application/Authorize Agreements New York State Department of Transportation (NYSDOT) Section 5316 – Job Access and Reverse Commute (JARC) 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 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, Cortland County has received previous funding under Section 5316, Job Access and Reverse Commute for application years 2010 and 2011, AND WHEREAS, Seven Valleys Health Coalition will serve as the project manager and will be 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, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, 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 the above named project for the following: Any and all Agreements between Cortland County and the State of New York for the above named project. Any and all Agreements between Cortland County and any third party subcontractors necessary to complete the project. Any municipality/vendor contracts for the purchase and/or installation of vehicles and/or equipment or facilities On motion of Mr. Ross, second by Mr. Cornell, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. ROSS RESOLUTION NO. 65-13 Authorize Grant Application/Authorize Agreements Section 5317 – New Freedom (NF) Cortland County Planning Department 83 ---PAGE BREAK--- 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 5317 New Freedom (NF) (FTA C 90590.1), 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, Cortland County has received previous funding under Section 5317, New Freedom for application years 2010 and 2011, AND WHEREAS, Seven Valleys Health Coalition will serve as the project manager and will continue with the mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and continue the Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies, AND WHEREAS, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, 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 the above named project for the following: 1) Any and all Agreements between Cortland County and the State of New York for the above named project. 2) Any and all Agreements between Cortland County and any third party subcontractors necessary to complete the project. 3) Any municipality/vendor contracts for the purchase and/or installation of vehicles and/or equipment or facilities. On motion of Mr. Ross, second by Mr. Wheelock, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. ROSS RESOLUTION NO. 66-13 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2013-2014 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, 2013 to March 31, 2014, 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, 2013 to March 31, 2014, NOW THEREFORE BE IT 84 ---PAGE BREAK--- 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 2013-2014 period. On motion of Mr. Ross, second by Ms. Price, Agenda Item No. 23 was introduced. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. ROSS RESOLUTION NO. 67-13 Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Planning Department WHEREAS, Article 27 of the New York State Parks, Recreation and Historic Preservation Law establishes a mechanism for allocating funds to local governmental sponsors for the development and maintenance of snowmobile trails designated as part of the State Snowmobile Trail System, AND WHEREAS, having reviewed the criteria contained in Section 617.7, Cortland County finds that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County, AND WHEREAS, it is the County’s intent to support the development and maintenance of snowmobile trails as an important economic and recreational resource for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign a Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR), Article 8 of the New York State Environmental Conservation Law, stating that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County. On motion of Mr. Ross, second by Mr. Troy, Agenda Item No. 24 was introduced. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. ROSS RESOLUTION NO. 68-13 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2013-2014 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, 2013 to March 31, 2014, AND 85 ---PAGE BREAK--- 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, 2013 to March 31, 2014, 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 2013-2014. On motion of Mr. Whitney, second by Mr. Spaulding, Agenda Item No. 25 was introduced. Ms. Briggs asked about the Home Rule process. The Clerk explained that this and the following resolution are requesting legislation be introduced by Lifton and Senator Seward. Once they introduce the legislation, the County Legislature will pass another resolution, endorsing the bills as they are written. The County has requested these Home Rule bills the last three years, but NYS has failed to vote on them every year. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 69-13 Authorizing A Home Rule Request For Special Legislation To Provide For Implementation Of An Additional Telephone Surcharge For Cortland County WHEREAS, the FCC has mandated all VHF and UHF land mobile radio systems migrate to narrowband or 12.5 KHz channels, and in order to comply with this FCC mandate, most of Cortland County’s existing radio system equipment which lacks narrowband capability will require replacement, AND WHEREAS, Cortland County has begun implementation of a $14,000,000.00 interoperable emergency communications system to comply with the FCC mandate, which creates a substantial burden upon the county taxpayers, and a telephone user surcharge would assist in the funding of a new countywide interoperable emergency communications system, AND WHEREAS, New York State County Law §303 authorizes counties to impose a telephone surcharge of no more than $.35 per line per month for the payment of system costs associated with public safety communications networks, and this has not been increased since 2002, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to add a new section of law under New York State County Law Article 6-A to permit the implementation of an additional telephone surcharge for Cortland County in the amount of $.65 per line per month in addition to the surcharge under County Law §303, and that the County Attorney draft a proposed bill for presentation to State Senator Seward and Lifton. On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 26 was introduced. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 70-13 Authorizing A Home Rule Request For Special Legislation To Increase The Wireless Surcharge For Cortland County 86 ---PAGE BREAK--- WHEREAS, the FCC has mandated all VHF and UHF land mobile radio systems migrate to narrowband or 12.5 KHz channels, and in order to comply with this FCC mandate, most of Cortland County’s existing radio system equipment which lacks narrowband capability will require replacement, AND WHEREAS, Cortland County has begun implementation of a $14,000,000.00 interoperable emergency communications system to comply with the FCC mandate, which creates a substantial burden upon the county taxpayers, and a wireless surcharge would assist in the funding of a new countywide interoperable emergency communications system, AND WHEREAS, New York State County Law §303 authorizes counties to impose a telephone surcharge of no more than $.35 per line per month for the payment of system costs associated with public safety communications networks, and this has not been increased since 2002, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend County Law §308-a in order to permit an increase in the wireless communication surcharge in Cortland County from $.30 to $1.00 per month, and that the County Attorney draft a proposed bill for presentation to State Senator Seward and Lifton. On motion of Mr. Whitney, second by Ms. Cobb, Agenda Item No. 27 was introduced. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 71-13 Requesting that the State of New York Appropriately Disburse The Statewide Wireless 911 Cellular Surcharge WHEREAS, while New York State will collect approximately $194 million dollars in fiscal year 20l2 from the statewide wireless 9l1 cellular surcharge, the funding is distributed unfairly and inappropriately throughout the Public Safety Answering Points within the State, AND WHEREAS, the Cortland County Legislature is in support of Senate Bill (S-1720) which is in the Government Operations Committee, which would give 100% of the surcharge monies back to the counties to support Emergency Communication Centers (911), AND WHEREAS, Cortland County is one of the Public Safety Answering Points across New York State that provide emergency call taking and dispatch services to all emergency service providers, including New York State agencies, Cortland County gets an inappropriate amount of reimbursement from this surcharge revenue, NOW THEREFORE BE IT RESOLVED, the Cortland County Legislature requests that the State of New York appropriately disburse the $194 million dollars collected to the 9l1 Public Safety Answering Points across New York State for operational costs and continuing upgrades, AND BE IT FURTHER RESOLVED, The Clerk of the Legislature to send a certified copy of this resolution to the Governor of the State of New York and the Assembly persons; Gary Finch, Barbara Lifton, Brian Kolb, and Senator James Seward. *Agenda Item No. 28 was already approved at a special meeting of the Legislature Feb. 19, 2013. 87 ---PAGE BREAK--- On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 29 was introduced. Mr. Willcox asked about how the recent grant announcement will affect the 2013/2014 budgets. Mr. Murphy said this resolution only authorizes changes to the scope of the original project. The remaining money will go to offset the costs of the Motorola lease. He said it is possible that a change to the sales tax agreement with the City of Cortland could be considered if all parties were interested, as the lease payments will be reduced. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 72-13 Authorize Contract Amendment – Motorola Radio Upgrade To Allow For AES National Interoperability Channels To All Tower Sites WHEREAS, Cortland County has contracted with Motorola for an Emergency Interoperable Communications System, AND WHEREAS, as part of the Round 2 Statewide Interoperable Communications Grant program the County committed to upgrading some of their radios to allow for industry standard and install support for national interoperability channels on all tower sites, AND WHEREAS, Cortland was awarded $6,000,000.00 from the grant program, NOW THEREFORE BE IT RESOLVED, that this County Legislature hereby agrees to a contract amendment to support those upgrades at an amount not to exceed $1,300,000.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the agreement on behalf of Cortland County, upon the approval of the County Attorney. On motion of Mr. Whitney, second by Ms. Price, Agenda Item No. 30 was introduced. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 73-13 Authorize 2013 Contract Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Center) WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND WHEREAS, the said NYS grants will henceforth be received by Cortland County on behalf of the District Attorney of Cortland County by contract with OCFS assigning the DAas the lead agency with authority and responsibility to administer grant funds, which OCFS advises will total $116,704 for the OCFS fiscal year 2013, to pay the expenses of running the CAC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for the time period of January 1, 2013 through 88 ---PAGE BREAK--- January 31, 2014 with OCFS, and the DA be and hereby is authorized to administer funds received from OCFS for the CAC, in an amount not to exceed $116,704. On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 31 was introduced. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 74-13 Amend 2013 Budget Sheriff's Department (Motor Vehicle Equipment) WHEREAS, upon the receipt of Erie Insurance Company claim #010930212487 payment for Vehicle 101, 2009 Ford Crown Victoria, VIN# 2FAHP71V39X14084 that was declared a total loss in 2013, AND WHEREAS, there has been a receipt of Erie Insurance Company check #S363256, $9,499.68, received on 01/25/2013, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget is hereby amended to deposit said monies into the 2013 County Budget as follows, Increase: A31105-52030 Motor Vehicle Equipment $9,499.68 , AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to deposit funds into the 2013 Sheriff’s Budget A31105-54300 Vehicle Maintenance & Repair. On motion of Mr. Whitney, second by Mr. Spaulding, Agenda Item No. 32 was introduced. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 75-13 Amend 2012 Budget/Transfer Funds to 2013 Budget Sheriff's Department/E911 (Computer Software) WHEREAS, a payment to New World System, for annual computer support 2012, was not paid in full in 2012 , AND WHEREAS, the payment will be made in 2013 for the balance of the 2012 annual computer support, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget is hereby amended as follows: Increase: Expenses: E911 – Computer Equipment A30255-54004 $40,792.00 89 ---PAGE BREAK--- , AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to re-appropriate $40,792.00 from 2012 E911, A30255 Budget into the 2013 E911, A30255 Budget. On motion of Mr. Willcox, second by Mr. Troy, Agenda Item No. 76 was introduced. Mr. Willcox said that such a variety of groups were using the County auditorium, and asking for fees to be waived, it was appropriate to adopt a building use policy. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 76-13 Adopt Building Use Policy (County Auditorium) Buildings & Grounds WHEREAS, Cortland County allows various community agencies to use the auditorium in the County Office Building for events, AND WHEREAS, certain liability and financial requirements are necessary for such use, NOW THEREFORE BE IT RESOLVED, that upon approval of the County Attorney, the Cortland County Legislature hereby adopts the following Building Use Policy for the County Auditorium: CORTLAND COUNTY FACILITY USE POLICY The Cortland County Office Building Auditorium is available for use by county residents and members of the public. It is the intent of the County to have facilities used as frequently as possible, but it is the obligation of the County to ensure that its facilities are maintained in good condition and their use and maintenance do not impose an undue financial cost on the County's residents. This policy is intended to help ensure that the County’s facilities will be well maintained, enjoyable, accommodating and will provide a safe environment and that the County will be fair and consistent with all parties wishing to use its facilities. 1. FACILITIES TO WHICH THIS POLICY APPLIES. This policy shall apply to the following municipal facilities in the County of Cortland: Cortland County Office Building Auditorium 2. PRIORITY OF USE. The County of Cortland will make these facilities available on a first come, first serve basis for individuals, groups and organizations to rent during times when the facilities are not being utilized for Cortland County programs or by C o u n t y staff, board, commissions and committees, or Cortland County sponsored events. 3. HOURS OF USE. The facilities are available for use during the following days and hours: Monday – Friday (except holidays) 5:00 pm – 10:00 pm Saturday (except holidays) 8:00 am – 8:00 pm 90 ---PAGE BREAK--- Sunday (except holidays) 10:00 am – 4:00 pm 4. PROHIBITIONS. The following uses are strictly prohibited at the facilities: A. Smoking is prohibited at all Cortland County facilities B. Alcohol is prohibited at all Cortland County facilities 5. OCCUPANCY. Occupancy of the facilities will be limited as follows: Facility Maximum Occupancy Auditorium 400 6. OBLIGATIONS OF USERS. Users must return the facilities in a neat, orderly and clean condition after their use. Users will be responsible for, and liable to, the County for all repairs to the facilities required as a result of damage caused by users. 7. FACILITY RENTAL AGREEMENT. Social service and community service groups, individuals, businesses, and non-profit groups wishing to use the facilities shall be required to execute a Facility ·Rental Agreement for each event. CORTLAND COUNTY POLICIES ON USE AND RENTAL AGREEMENT Cortland County Office Building Auditorium The following sets forth use and rental policies for the Cortland County Office Building Auditorium. By its signature below, the Renter agrees to abide by all policies set forth below and by all terms and conditions set forth on the accompanying Rental Application, as approved by the County, a copy of which is attached hereto and incorporated herein by this reference. The contact number for Cortland County is [PHONE REDACTED]. 1. For hourly rentals, the Renter must honor the specific start and finish times stated in the Rental Application. An adequate amount of time for set-up and dismantling should be taken into account when scheduling hours of use. 2. For flat rate rentals, the Renter must honor the specific date stated in the rental application. Set up and dismantling must be completed on the date of rental unless other arrangements are made with the County Maintenance Department and noted in the special conditions section below. 3. No unauthorized animals are allowed in the facility or on the grounds. Only service (hearing and sight) dogs are authorized. 4. No nails or staples are to be used on the walls. Tacks and tape may be used on the bulletin boards only. Tape is not allowed on the outside of bulletin boards (interior and exterior.) If you wish to post notice of your event, please contact [PHONE REDACTED] for bulletin board access. 5. The County of Cortland and its officers and employees will not be liable or responsible for any injury, accident, loss, or damage to any person or to any property of any person arising out of Renter's use of the facility. 91 ---PAGE BREAK--- 6. Music and noise must be kept to a reasonable volume level with particular attention paid to this during the hours the facility is open for public use, and under noise laws, in consideration of the proximity of private dwellings. 7. In case of a disaster (blizzard, f l o o d i n g , e t c . ) the facility may be used as an emergency shelter and all prior agreements will be canceled at the County Administrator’s discretion. In such event, all deposits will be refunded in full and Cortland County will not be responsible for any inconvenience, loss, or damage incurred by the Renter. 8. The facility room must be reserved at least 7 days prior to the rental date. Damage /Security rental deposits and fees are required to be paid in full at the time the reservation is made. Refunds will be made for cancellations if notice is given 48 hours before use time. 9. All Renters shall be required to pay damage deposits. 10. Groups or individuals using the Cortland County Office Building facilities are legally and financially responsible for any and all damages incurred while under their use. In the event damages occur, the cost of repair or replacement will first be deducted from the deposit. Should the damages and costs exceed the deposit, the Renter agrees to reimburse the County for the excess within 30 days from the date of a statement therefore. The County Legislature reserves the right to cancel or deny any further rental/user agreements with said individual and /or group. 11. Groups or individuals using the Cortland County Office Building facilities are responsible for the behavior and actions of guests and children. Rooms used must be left clean and in the same arrangement as prior to being used by Renter. This includes restrooms, counters, equipment and chairs returned to their proper places. Unless arrangements have been made, use is limited to room reserved. 12. At no time shall any portion of the sidewalks, entries or other access ways into or out of the facility or to public utilities on the premises be obstructed from use. 13. Renter agrees to collect and adhere to any and all applicable sales tax laws set forth by the County of Cortland. 14. Use of the facility in no way shall constitute an endorsement by the County of Cortland of Renter's event or activities. Unless otherwise authorized in writing by the County, Renter shall not imply in any way that the County is sponsoring, co­ sponsoring, or endorsing Renter's event or activities. In advertising for the event, the facility shall be listed only as the location for the event. 15. During the use of the facility, Renter agrees to comply with all state, fire and police rules and regulations and all Town laws, codes, ordinances, and regulations either contained herein, now in force or as hereinafter amended or enacted. Renter must strictly observe all occupancy limits required by law. All designated exits shall remain unlocked and the pathway leading to and from the exits must remain clear while the facility is occupied. Open flames, such as candles, oil lamps or smoking are prohibited in the facility. Tampering with smoke alarms or other safety devices is 92 ---PAGE BREAK--- prohibited. 16. INDEMNITY, RELEASE AND HOLD HARMLESS- PLEASE READ CAREFULLY. In consideration for being permitted to the facility, the Renter agrees to indemnify and hold harmless and on behalf of itself, and its officers, employees, members, and invitees expressly exempts and releases the County, its officers, employees, and insurers, and self insurance pool, from and against all liability, claims and demands, which are incurred, made, or brought by any person or entity, on account of damage, loss, or injury, including without limitation claims arising from property loss or damage, bodily injury, personal injury, sickness, disease, death, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the use of the facility, whether any such liability, claims, and demands result from the act, omission, negligence, or other fault on the part of the Town, its officers, or its employees, or from any other cause whatsoever. This indemnification shall include any attorney's fees incurred in the defense of a court action or administrative proceeding, and other costs of suit including filing fees, expert witness fees, the expense of discovery, including deposition attendance and transcript fees, or any other cost reasonably incurred in the defense of the action, whether or not that cost is among those that may be awarded in civil litigation under applicable state or federal statutes. At the time of signing this Agreement, and in any event not less than five business days before the date of the scheduled use of the County’s, the Renter shall provide the County with a current certificate of liability insurance and endorsement naming the County as an additional insured which provides coverage for the risks specified in the preceding paragraph in the following minimum amounts: $1,000,000 combined single limit per occurrence and $1,000,000 aggregate. 17. In the event of default, Renter shall be responsible for payment of all attorney fees and costs incurred by the County in enforcing the terms of this Agreement, whether or not suit is brought. 18. All rental agreements must be signed by an authorized representative of the County to be effective. A copy of the rental agreement must be kept by the Renter at the facility during times of Renter's use. 19. Renter acknowledges that it has read and understands all provisions of this Agreement, and agrees. Renter will communicate to individuals using the facility under this Agreement all policies and requirements regarding use of the facility. IN WITNESS WHEREOF, this Agreement is executed this day of _ 20 . CORTLAND COUNTY RENTER Authorized Employee Organization or Group Name By: CORTLAND COUNTY AUDITORIUM RENTAL AGREEMENT This Rental Agreement is dated 20__ by and between Cortland County (the County) and (the Renter). In consideration of the mutual covenants and conditions herein, the 93 ---PAGE BREAK--- parties agree as follows: 1. FACILITY and RENTAL PERIOD. The County rents to Renter the County Office Building Auditorium (the Facility) for the following Rental Period(s): DATE(S) HOURS OF USE RATE TOTAL $35.00/Hour SECURITY DEPOSIT $200.00 $200.00 TOTAL AMOUNT DUE 2. RENT AND SECURITY DEPOSIT. Renter will pay the County a rental fee of $35.00 per hour at the signing of this Rental Agreement. Renter will also pay the County a security deposit of $200.00 at the signing of this Rental Agreement. 3. RETURN OF SECURITY DEPOSIT. Within three days following the event, the County will inspect the Facility. If Renter and guests have not caused any damage to the Facility, the county will return the security deposit to Renter by first class mail within seven days. If Renter and guests have caused damage to the Facility, County may retain all or a portion of the security deposit. If the County retains any of the rental deposit, it will give written notice to Renter specifying the amount retained and the reasons therefore. The County’s remedies for damage shall not be limited to retention of the security deposit and the county may pursue any additional remedies authorized by law to recover its damages of losses. 4. OBLIGATIONS OF RENTER. At the end of each Rental Period, Renter will return the Facility in a neat, orderly and clean condition. Renter will be responsible for, and liable to, the County for all repairs to the Facility required as a result of damage caused by Renter and Renter’s guests. If Renter and guests cause damage to the Facility, County may retain all or a portion of the security deposit. If the County retains any of the rental deposit, it will give written notice to Renter specifying the amount retained and the reasons therefore. The County remedies for damage shall not be limited to retention of the security deposit and the County may pursue any additional remedies authorized by law to recover its damages or losses. 5. OCCUPANCY. Occupancy of the Auditorium will be limited to 400 persons. 6. SMOKING and ALCOHOL. Smoking is prohibited in the Facility. Possession of Alcohol is prohibited in the Facility. Renter will not serve or bring alcohol into the Facility nor permit Renter’s guests to serve or bring alcohol into the Facility. 7. INSURANCE. Renter will procure and maintain at its sole cost and expense, comprehensive general liability insurance in which the County of Cortland is an additional insured with combined single limit coverage of $1,000,000 per occurrence and $1,000,000 in the aggregate, and Renter will furnish the County with a certificate of insurance prior to the Event. 8. INDEMNIFICATION AND HOLD HARMLESS. Renter agrees to indemnify and hold the County, its officers, agents, and employees harmless from any loss or liability which may result from claims of injury to persons or property from any cause arising out of or during the use and occupancy of the Facility by Renter and Renter’s guests, agents, or employees. 94 ---PAGE BREAK--- 9. ASSIGNMENT. This Rental Agreement is not assignable to any other person or entity. 10. CANCELLATION. The rental fee will not be refunded if notice is received less than 48 hours before a Rental Period, unless the Facility is subsequently rented for the same date. 11. RIGHT OF ENTRY AND TERMINATION. The County, its officers, agents, and employees shall have the right to enter the Facility at all times during the Event to confirm Renter’s conformance to this Agreement. If the County determines, in its sole judgment, the Renter has breached a term of this Agreement, the County shall have the right to immediately terminate this Rental Agreement prior to the expiration of its term and prior to the conclusion of the Event without any refund to Renter. 12. CONFORMANCE WITH THE LAW. Renter agrees that Renter will abide by and conduct its affairs in accordance with the County of Cortland Facility Use Policy and all laws, rules, regulations, and ordinances, including those relating to alcohol consumption and noise. Renter shall not engage in or allow any illegal activity to occur at the Facility. The parties have executed this Agreement at the Cortland County Office Building, this day of County of Cortland County RENTER By (Duly authorized Agent) Address: (Organization, if applicable) On motion of Mr. Willcox, second by Mr. Cornell, Agenda Item No. 34 was introduced. Safety Officer Scott Evener said the County has been cited for not having this and the following policies in place, and if not corrected could face fines. He drafted the policies from existing policies found in other counties. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MR. WILCOX RESOLUTION NO. 77-13 Adopt Hazardous Communication Policy Cortland County Safety Office WHEREAS, the County of Cortland desires to promote safety and adopt policies that are beneficial to the employees and visitors of the County, AND WHEREAS, the Code of Federal Regulations (CFR) § 1910.120 requires the adoption of a Hazard Communication (haz /com) policy, NOW THEREFORE BE IT RESOLVED, upon review and approval of the County Attorney, the Cortland County Legislature hereby adopts the attached Hazardous Communication Policy, and that said policy shall be in effect immediately. 95 ---PAGE BREAK--- County of Cortland HAZARD COMUNICATION POLICY Section 1.1: HAZARD COMMUNICATION “RIGHT TO KNOW” Written: January 03, 2013 Required by: PESH/OSHA and County Policy Reference: OSHA Standard 1910.1200 Coordination: Safety Office Employee Training Frequency: At the time of their initial assignment, annually, whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area and when employee performance indicates that retraining is required. Summary: Chemicals are everywhere in nature. They can be found in the workplace, in the home, in transportation, and in the environment. Their hazard to humans ranges from “none” to “extreme”. Most may be hazardous only in larger concentrations, while very low concentrations may have no effect on humans or the environment. All chemicals can be stored and used safely if their nature is understood and adequate controls are used to keep the hazard at acceptable levels. It is the intent of this procedure to provide education, information, and resources about chemicals and chemical hazards to all employees so that both normal and emergency exposure may be kept within legal and acceptable limits. Components of the County Hazard Communication Program: 1. Chemical Inventory—to ensure that all chemical hazards present in the workplace are known, properly labeled, and appropriately managed, a running inventory will be maintained by the Department Managers. 2. Container Labeling—it is the intent of this facility that all chemical containers in use or storage be fully identified as to name and address of chemical manufacturer, content, hazard, and necessary safety precautions. All labels on chemical drums, bottles and containers received on-site should be preserved and protected during receiving and storage to ensure proper identification and hazard information during handling. The County will use the Hazardous Materials Identification System (HMIS®) or the National Fire Protection Association (NFPA) labels or the GHS labeling system. These labels will be created using information from the container label and/or the MSDS/SDS and applied to all original containers upon receipt, unless the manufacturer’s label provides the same information in easily understandable form. The labels must also be applied to all containers into which materials are dispensed for use or storage in other locations. All labels applied upon receipt of transfer must include the name and address of the chemical manufacturer, identity of the container contents and the hazard warnings. The warning can be a message, words, pictures or symbols, legible, in English (and other languages, if desired) and be prominently displayed. Labels need not be placed on stationary process equipment containing chemicals as long as the standard operating procedure, process sheets, batch tickets or similar written procedures cover the same information as would be placed on a container label and those procedures or sheets are readily available to the employees in the area. Labels are not required on pipes and piping systems, but the start and termination of the pipes within the facility should be labeled as to content. 3. Material Safety Data Sheets (MSDS)/Safety Data Sheets (SDS) - Critical and detailed information about chemicals and their hazards are contained in the MSDS/SDS provided under the law by the producer or supplier of chemicals used at this facility. 96 ---PAGE BREAK--- MSDS/SDS will normally be sent by the producer or supplier with the paperwork associated with the chemical purchase. Upon receipt, the MSDS/SDS is to be forwarded to the facility coordinator for filing in the master MSDS/SDS notebook and for distribution of copies to departmental supervisors. The MSDS/SDS notebooks will be kept in a clearly marked and conspicuous place at each Bureau and/or Division. If an MSDS/SDS is not received with the shipment paperwork, one should immediately be requested from the producer or supplier. As an alternative source, MSDS/SDS can be acquired online from a variety of commercial and government sources. These include and http://chemfinder.camsoft.com. Comprehensive information about hazardous and toxic materials, which can be used to supplement the MSDS/SDS or answer more specific employee questions, can be found at the Agency for Toxic Substances and Disease Registry web site www.atsdr.cdc.gov. Another source is the National Library of Medicine hazardous substances data bank at http://toxnet.nim.nih.gov. Department supervisors are responsible for ensuring that their MSDS/SDS files match the chemicals stored or used in their work area and for serving as the initial point of contact for their employees, service personnel, and visitors to their area for chemical hazard questions. MSDS/SDS sheets for the chemicals stored and used at this facility are to be made readily available to all employees, visitors, contractors, and others who might be exposed to the chemicals while in the facility. Availability includes prompt access to the appropriate document(s), assistance in understanding the material contained in the document(s), and copies of the material for their use and retention, if desired. As long as we are still using the specific product covered by the MSDS/SDS you must maintain the MSDS/SDS sheets in your records. Once you cease using a specific product covered by the MSDS/SDS and all inventory is used and no further product is going to be coming in, then you need only maintain it for a period of one year from the time you quit using the product. 4. Employee Training and Communication of Chemical Information—As outlined under the training section of this procedure, the Department Manager will ensure that all employees are trained and receive relevant information on chemical hazards existing within the facility. Training and training updates are the responsibility of the Safety Officer of the area where the specific chemicals are stored or used. Maintenance personnel and members of support staffs who may work in the area or be exposed to chemicals used in the area are also to be included in the training provided by the Safety Officer. 5. Contractors and Vendors—Since these personnel have no other way to obtain area-specific information about chemical hazards and precautions for materials stored or used in the area, the Area Supervisor is responsible for informing such personnel about specific hazards and precautions necessary at the time they arrive to do work in the area. For individuals who will pass through an area containing chemical hazards, or who will work in the area only briefly, an acceptable alternative to training is to have the individual(s) accompanied by a County employee knowledgeable in the chemical hazards of the area. 6. Non-Routine Tasks-Department Managers contemplating a non-routine task, e.g., boiler repair, will consult with the Safety Officer of that site and will ensure that the all employees are informed of chemical hazards associated with the performance of these tasks and the appropriate protective measures needed. This consultation will be completed before such work has begun. Training Key Points: For Department Managers and Supervisors: In addition to training on, and a full understanding of the following points for operations and staff personnel, supervisors and managers must have sufficient training to serve as a resource to their people on chemical safety. As a result, it is expected that they will be trained on: 1. Their role and responsibilities under this procedure. 97 ---PAGE BREAK--- 2. The need for them to be highly responsive to questions and concerns from employees, visitor, vendors, and contractors who may have chemical safety concerns while in their work area. 3. The meaning of chemical terms which might be found on MSDS/SDS and which they will need to explain to others. The document Glossary of Chemical Terms, Document 234, published by Lab Safety Supply www.labsafety.com may be helpful for this purpose. For Operations and Staff Personnel: The Department Manager is responsible for providing the following information and training to all personnel working in the area or expected to be exposed to chemical hazards while in the area. 1. Provide a copy of this procedure and summarize each of the sections. Indicate that this procedure covers the elements of the OSHA Hazard Communication standard that are applicable to employers. The information sheet The Hazard Communication (Right-to-Know) Standard, Document 150, published by Lab Safety Supply www.labsafety.com may also be helpful to explain the key elements of OSHA regulation 1910.1200. 2. Discuss the operations occurring in the area that use or contain hazardous chemicals. 3. Tell personnel that the original copy of this procedure, the chemical inventory, the facility MSDS/SDS forms, and all other paperwork applicable to compliance with the Hazard Communication standard are kept in the facility coordinators office and that supervisors have copies applicable to their work area. In all cases, that material is available for review at any time. 4. Cover the six Components of the County Hazard Communication Program detailed above. This will help personnel understand how the hazard communication program is implemented. 5. Explain how to read and interpret information on the HMIS® NFPA labels. Use the information sheet for that purpose provided by the supplier of the labels. Training materials covering the complete HMIS® system are also available from Labelmaster at 1-[PHONE REDACTED] or www.labelmaster.com. You may also want to explain how to use other types of labeling systems in common use if those systems can be found on hazardous materials in your particular facility. 6. Explain how to read and interpret information on the MSDS/SDS. Use the information sheet attached (Appendix 7. Tell people that they may come to you at any time for information about hazardous materials and that they can take copies of written information for review with family, physicians, or others. Also tell them that you or other qualified personnel will assist them in locating more detailed information from the producer, supplier, or from a wide variety of Internet sources. 8. Discuss the hazards of the chemicals used in your work area. Either discuss each individual chemical highlighting those characteristics that may present risk to the individuals and the nature of the risk, or cover hazard categories (flammables, corrosives, oxidizers, reproductive toxins, etc.). Also discuss any hazardous materials that may be contained in pipes or process systems contained within the work area. 98 ---PAGE BREAK--- 9. Tell people what they can do to protect themselves from hazards of the chemicals in their work area. To do this, you should cover:  The Personal Protective Equipment (PPE) section of the Job Hazard Analysis (Section 1.3) which was conducted for your area and which specifies the protection they must use, if any, when working with chemicals.  The need for good personal hygiene, such as washing hands before eating, showering after work and changing to clean clothes so as not to take any chemical residue home to expose others, especially small children.  Storing and consuming food and drink only in designated food preparation and consumption areas removed from the area of chemical hazards.  Smoking only in designated smoking areas that are well removed from the area of chemical hazards.  Avoid opening chemical containers until the contents are known and understood by reading labels and, if necessary, MSDS/SDS.  Keep the work areas clean at all times.  Clean up spills or leaks immediately using appropriate clean-up techniques as described on the MSDS/SDS.  Where possible, transfer material using closed systems (hoses, pipes, chutes, etc.) so as to avoid airborne dusts and gasses.  Follow all specified safety procedures at all times.  Any other protection steps appropriate to the material and work area. 10. Inform people of any specific actions taken by the county to protect them from chemical hazards in their work area. These should include engineering controls (closed systems, ventilation, transfer pumps, grounding and bonding wires, safety cans, etc.), work practices (lockout/tagout of mixing and transfer systems during maintenance and cleaning, requirements to read and follow process procedures, etc.), and PPE. 11. Discuss the process to be used for non-routine tasks. This will include a discussion with all personnel involved, prior to starting the task, of all risks, hazards, and proper procedures to be followed while doing the work required. This may include lockout/tagout, confined space entry, line opening, hot work and similar work rules as well as all chemical hazards and incompatibilities. 12. Cover ways to know if a hazardous material is present and if they may have been exposed to a higher than acceptable amount. This would include discussion of smell(s), visual appearance (color, viscosity, liquid or gas, etc.), alarms from any continuous monitoring devices, chemical sampling by qualified personnel, etc. 13. Cover how chemicals may be incompatible with other chemicals or material and create a hazardous situation. The information sheet Chemical Compatibility Concerns in Storage Document 181, published by Lab Safety Supply www.labsafety.com may be helpful to explain incompatibility. 14. Discuss emergency procedures, including use of safety shower and/or eye bath, movement to fresh air, antidotes, and how to summon the emergency team.  If a chemical exposure does occur, the Exposure Report Form is to be filled out and submitted to the Employee Safety Coordinator-Office of Training & Safety 60 central avenue. Cortland NY 13045 as soon after the incident as possible. Inspection Checklist: To ensure that the chemical hazard communication system is functioning properly, an annual audit of the system will be conducted and will examine the following key elements: 1. Is the County Hazard Communication Program current and does it accurately reflect actual procedures at the facility? 2. Has the Chemical Inventory been kept up to date and do spot checks correspond to the inventory? 99 ---PAGE BREAK--- 3. Have all outdated chemicals been disposed of and was disposal in accordance with environmental regulations? 4. Are MSDS/SDS sheets on file for all chemicals listed in the inventory? 5. Do Department Managers have current copies of the County Hazard Communication Program, the Chemical Inventory, and MSDS/SDS sheets covering all chemicals in the work area? 6. Have all employees new to the area since the last program inspection been trained on the facility hazard communication program as outlined in this procedure and do random sample discussions with new employees show that they understand all elements of the chemical safety system at the facility? 7. Have all employees in the work area been trained on any new chemicals introduced since the last program inspection? 8. Is there evidence that any contractors, vendors, and visitors to the area have received training in all elements of the County Hazard Communication Program? 9. Do employees who have sought additional information about chemical hazards and precautions express satisfaction with the answers they received? 10. Are all chemical containers and vessels properly and appropriately labeled as to contents, hazards, and precautions required? 11. Are exhaust ducts and ventilation systems working properly? Are filters cleaned regularly? Is there adequate make-up air coming into the work area? 12. Is personal protective equipment being properly used in areas of chemical hazards? 13. Are safety showers and eye baths in chemical hazard areas tested and operating properly? 14. Are spill clean-up procedures known in the work area and is there evidence that all spills and releases of hazardous chemicals have been handled properly? On motion of Mr. Willcox, second by Mr. Spaulding, Agenda Item No. 35 was introduced. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. WILCOX RESOLUTION NO. 78-13 Adopt Lock Out/Tag Out Policy Cortland County Safety Office WHEREAS, the County of Cortland desires to promote safety and adopt policies that are beneficial to the employees and visitors of the County, AND WHEREAS, the Code of Federal Regulations (CFR) §1910.47 requires the adoption of a Lock Out / Tag Out Policy NOW THEREFORE BE IT RESOLVED, upon review and approval of the County Attorney, the Cortland County Legislature hereby adopts the attached Lock Out / Tag Out Policy, and that said policy shall be in effect immediately. CORTLAND COUNTY LOCKOUT / TAGOUT POLICY A. PURPOSE Lockout/Tagout is designed to prevent injuries caused by the unexpected energization, start-up of equipment or machines, release of stored energy, or the entry of fluids or gases into a work area. This procedure establishes the 100 ---PAGE BREAK--- minimum requirements or lockout or tagout of energy-isolating devices. It shall be used to ensure that machinery or equipment is isolated from all potentially hazardous energy sources, and locked out before employees of the county or contractors are permitted to perform service or maintenance that could expose them to a hazard that could lead to injury or death. This procedure complies with 29 CFR 1910.147 on lockout/tagout. B. RESPONSIBILITY Safety Office is responsible for ensuring that lockout procedures are established and Department Heads will enforce this policy in all work areas under their control and in all other work areas where employees of their department are engaged in the servicing or maintenance of machinery or equipment. It is the responsibility of all department heads and supervisors to ensure that all appropriate employees are thoroughly instructed in the requirements of this procedure. It is also the responsibility of all employees performing the work to comply with the Lockout/Tagout requirements. C. DEFINITIONS 1. Authorized employee - A person who has been trained to lockout or tagout machinery or equipment to perform the servicing or maintenance of that machine or equipment. This person must receive specific instruction in the established procedure for lockout/tagout. 2. Affected Employee - An employee whose job requires him/her to operate or use a machine or equipment on which servicing or maintenance may be performed under lockout or tagout, or whose job requires him/her to work in an area in which such servicing or maintenance is being performed. An authorized employee and an affected employee may be the same person. 3. Other employee - An employee who works in an area where lockout/tagout procedures may be used. 4. Energy source - Any source of electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other energy. 5. Energized - Connected to an energy source or containing residual or stored energy. 6. Energy isolating device - Energy control that physically prevents the transmission or release of energy. (e.g. electrical circuit breaker, disconnect switch, line valve, a block, etc.) 7. Residual or stored energy - Any energy that is left over after any primary and other energy sources have been disconnected such as energy stored in springs, spinning wheels, electrical capacitors, heat or cold (thermal energy), gravity devices, etc. 8. Normal production - Utilization of a machine or equipment to perform its intended production function. 9. Servicing or maintenance - Activities which require an employee to remove or bypass guards or other safety devices or to otherwise expose himself/herself to hazardous machine elements. 10. Lockout - The placement of a lockout device on an energy isolating device, in accordance with established procedure preventing the operation of the energy control and the machine or equipment. See LOCKOUT/TAGOUT TAG (fig. 9-8). 11. Lockout device - When properly applied prevents the operation of the energy-isolating device. 12. Tagout device - A prominent warning indicating that the energy isolating device and the machine or 101 ---PAGE BREAK--- equipment should not be operated. It does not physically block the operation of the energy-isolating device. GENERAL SUMMARY 1. Supervision - The department head or supervisor should locate and identify all isolating devices to be certain which switch(s), valve(s), or other energy isolating devices apply to the machinery or equipment to be serviced or maintained. More than one energy source (electrical, mechanical, hydraulic, pneumatic, chemical, thermal or others) may be involved. All energy sources must be identified and locked/tagged out prior to any work. Authorized employees shall be informed of the types and locations or all energy isolating devices in advance to performing any work on the machinery or equipment. 2. Authorized Employees - Prior to starting and work on machinery or equipment that requires lockout/tagout, authorized employees should identify the hazards by discussing the problem with knowledgeable persons and by checking the appropriate prints, schematics, diagrams and drawings. After familiarizing yourself with the operation of the machinery or equipment and the energy isolation devices, then the energy control sequence must be allowed. E. PROPER SEQUENCE FOR LOCKOUT/TAGOUT STANDARD SEQUENCE 1. Before proceeding with the lockout/tagout of the machine, the authorized employee must check with the department supervisor who is responsible for the machinery or equipment to get him/her to release the machine or equipment for lockout. After getting a release, the authorized supervisor or authorized employee shall notify all affected and other employees that a lockout or tagout system is going to be utilized and the reason for implementing the procedure. The authorized employee(s) shall know the type and magnitude of the energy that the machine or equipment utilizes and shall understand the hazards prior to implementing the energy control system. 2. If the machine or equipment is operating, an authorized person using the normal stopping procedure (e.g. operating stop button) shall shut it down. The machinery or equipment and the work area must be checked to make sure that all employees are clear of any hazardous locations or pinch points. 3. Operate the switch, valve, or other energy isolating device(s) so that the equipment or machinery is isolated from its energy source(s). Stored energy (such as that in springs, elevated machine members, rotating wheels, pneumatic systems, hydraulic systems, capacitors, and air, gas, steam, or water pressure, etc.) must be dissipated or restrained by methods such as repositioning, blocking, bleeding down, discharging, etc. Systems that could permit fluids to enter a confined work area where employees are working must be shut down and the piping must be physically blanked or capped to prevent the flow of fluids from entering the work area or process vessel in which employees are working. 4. Lockout and/or tagout the energy isolating devices and the control panel with assigned individual lock(s) and/or tag(s). Be sure to lockout the primary energy source and any other sources of energy including backup energy systems. Each individual worker shall maintain control of the only available key(s) for his/her individual lockout device(s). If a spare key is maintained it must be kept locked up and under the control of the department head. Lockout is the preferred method and should be used whenever possible. Tagout shall be used only when there is no possible means of locking out the energy source. Extra care and instruction of all workers in the area will be required whenever tagout is used since tagout is only a warning device that does not offer any physical restraint of the energy source. Note: The methods selected e.g. locks, tags, each department for each type of service or maintenance 102 ---PAGE BREAK--- procedure requiring lockout/tagout should identify additional safety measures. 5. After ensuring that no personnel are exposed, and as a check on having disconnected the energy sources, operate the push button or other normal operating controls to make certain the equipment will not operate. CAUTION: BE SURE TO RETURN OPERATING CONTROLS TO THE NEUTRAL OR OFF POSITION AFTER THE TEST. 6. When it is necessary to operate equipment intermittently for making adjustments or for testing or checking the operation, the person authorized to do so shall be responsible for the control of the equipment during this period, subject to restrictions made by the operating and/or maintenance supervisor. Employees performing servicing or maintenance during normal operation shall be protected from injury by guards or other means. The generally accepted best means to minimize the potential for inadvertent activation is to ensure that all power to the machine or equipment is isolated, locked, or blocked and dissipated at points of control, using a method that cannot readily be removed, bypassed, overridden, or otherwise defeated. 7. When work extends beyond the shift on which it was started, provision should be made for the removal of the locks and tags placed by the shift and for their replacement with those of the oncoming shift or a departmental lockout/tagout device. Lockout/tagout devices must not be removed by anyone other than the authorized person who placed the device. No individual is permitted to remove any other individual's lockout/tagout device. Supervisors are not permitted to obtain and use spare keys unless it can be proven that the employee is not at the facility and only if a specific procedure and training for such removal has been developed and implemented. The authorized employee that applied the lockout/tagout device must be notified prior to returning to work that his/her device has been removed. 8. As each individual or group completes their assigned work and leaves the job, they should remove their lock(s) and/or tag(s). 9. Before restoring energy to the equipment, the affected and other employees in the area should be notified that power is about to be restored. After all locks and tags have been removed, the appropriate supervisor should thoroughly check the machinery or equipment to ensure that guards have been replaced, tools have been removed, workers are clear and that it is otherwise safe for operation. The authorized supervisor or authorized employee should check to be sure that all start-up buttons, switches, and other controls are in the off position. Then remove his/her lock(s) and tag(s), being sure not to remove the control panel locks and/or tags until ready to test the equipment or machinery, restore the energy isolation devices to the "normal or on" position, and test the equipment for proper operation. PROCEDURE INVOLVING MORE THAN ONE PERSON 1. If more than one person is required to lockout or tagout equipment, each individual shall place his/her own personal assigned lockout device or tagout device on the energy isolating device(s). When an energy- isolating device cannot accept multiple locks or tags, a multiple safety lockout device (hasp) shall be used. If a safety lockout hasp cannot be used, a single lock may be used to lockout the machine or equipment with the key being placed in a lockout box or cabinet. 2. Each person involved will then attach his/her lock to the lockout box or cabinet. As each person no longer needs to maintain his or her lockout protection, that person will remove his/her lock from the box or cabinet. Employees involved in-group lockout must be instructed in the group lockout procedures. Only trained and authorized employees shall participate in-group lockout procedures. PROCEDURES FOR SPECIFIC ENERGY SOURCES 103 ---PAGE BREAK--- 1. Locking/Tagging Out Electrical Energy Sources: Trace electrical wires, cables and conduit back to the control panel, toggle disconnect switch, circuit breaker, fuse, standard electrical plug and/or buss disconnect. Only qualified persons should remove buss disconnects. Lockout standard plug by removing it from the power source and applying a lockable plug cover. Apply lock, hasp and tap. Lockout/tagout panels, switches and circuit breakers by placing the disconnect in the OFF position and by locking the panel or disconnect switch with a lock, hasp and tag. Switches may be covered with a locking metal or plastic cover. Lockout a right-hand panel disconnect by: grasping the disconnect handle with the left hand and positioning yourself to the right of the panel; turn your face from the panel; pull handle down to the OFF position; lockout using lock, hasp and tag. Some panel disconnects may have a double through and are OFF in the middle position. Make sure the handle is in the OFF position and is locked out by trying to move it. Disconnect and lock out all other energy sources including backup energy sources provided by generators and batteries. Discharge capacitors using only an insulated grounding wand that is properly grounded. Before attempting to verify the energy lockout make sure all employees are in the clear. Attempt to restart the machine or equipment and if you notice sound, lights or movement you must locate and isolate any remaining energy sources. 2. Locking/Tagging Out Mechanical Energy Sources: Springs that are compressed, twisted or extended are a source of residual energy that must be returned to the relaxed position. Momentum is the energy stored in moving and rotating parts that must be allowed to come to rest. Gravity is the energy that attracts an object to ground. Objects that can be attracted by gravity must be released, pinned, blocked or supported by safety stands so that they cannot fall or rotate. Check to be sure that the object is not being held by another form of energy such as electrical, hydraulic or pneumatic energy. After locking out all forms of energy allow the object to come to a complete stop. Never use an unauthorized hoist, crane, or chain to hold up equipment or parts that you must work beneath. Use safety blocks, safety pins or safety stands to support equipment that is normally elevated by mechanical, pneumatic or hydraulic energy. After making sure that all employees are clear of hazardous locations verify that energy has been dissipated or secured before performing work on the equipment or machinery. 3. Locking/Tagging Out Pneumatic Energy Sources: 104 ---PAGE BREAK--- Pneumatic components include air supply lines, tubing, piping, valves, counter balances, surge tanks, accumulators, and cylinders. Trace all air supply lines back to the source. All charged devices must be locked out, blanked off or separated and capped to prevent the release of energy. Make sure that all elevated parts are blocked, pinned or supported using safety devices and that all switches and controls are in the OFF or NEUTRAL position. Supply and in-line valves should be moved to the OFF position and locked out with a lock, hasp and tag. Non-lockable valves may be locked out using chains to prevent movement or with metal/plastic covers attached with a chain. Quick disconnects can be used to disconnect flexible tubing and hoses. Make sure that all pressure is released from charged pneumatic devices before starting work. Check for and lock out other energy sources supporting pneumatic equipment. Check to make sure employees are clear of hazardous locations before attempting to verify lockout. Slowly separate pipe unions and listen for air being released. After air is released, retighten the pipe union. Attempt to restart the equipment and if you notice sounds or movement, locate and lockout all remaining energy sources. Make another attempt to restart the equipment. 4. Locking/Tagging Out Hydraulic Energy Sources: Manual or powered hydraulic control valves are usually located near the hydraulic unit. Non-lockable valves may be locked out using chains to prevent movement or with metal/plastic covers attached with a chain. To avoid an error identifying the hydraulic controls, always trace the supply lines back to the source. The drive motor is usually electrically powered, and sometimes pneumatically powered, so be sure to lockout the power source for the drive motor and the pump motor. Use safety blocks, pins or supports to prevent movement of parts normally held in place by hydraulic pressure before disconnecting and locking out hydraulic energy. Be sure to isolate accumulators and actuators by moving the isolation valves to the OFF position. Then lockout the isolation valves. Release pressure in the accumulator and actuator lines by slowly opening dump valves or bleeder valves. If there is no dump or bleed valves, slowly break open pipe union to release pressure in the system. After checking to make sure that all employees are clear of hazardous locations, attempt to restart the system to verify lockout. If sound or motion is detected, check for, locate and isolate any other energy sources. Perform the restart verification procedure again. 5. Lockout/Tagout of Piping Systems: valves must be locked out first. Non-lockable supply valves upstream from the work area should be locked out. Non-lockable valves may be locked out using chains to prevent movement or with metal or plastic covers attached with a chain. 105 ---PAGE BREAK--- Pipes should be traced to make sure there are no other pipes joining the system that need to be locked out. Blanks or pancakes must be attached if the rest of the system must remain operational or if the section of pipe is servicing a confined space where you are working. Only specially trained qualified persons are permitted to work on gas systems or systems containing hazardous materials. After checking to make sure that all employees are clear of hazardous locations, verify that lockout is complete. When available, check all gauges to see that pressure is at zero. Do not rely solely on pressure gauges. If bleed-off valves are not provided to release and check for stored energy, slowly separate pipe unions to verify that pressure has been released and that lockout has been completed. 6. Lockout/Tagout of Thermal Energy Sources: Lock out electrical, piped and/or any other appropriate thermal energy source using the applicable procedures. Use air movers to dissipate thermal energy or allow natural dissipation of thermal energy before performing any work. Thermometers or heat sensors should be used to verify safe temperatures before beginning work. Be sure to verify lockout of other energy sources by following the appropriate procedures. F. SUMMARY OF BASIC RULES FOR USING LOCKOUT/TAGOUT 1. All equipment shall be locked out or tagged out to protect against accidental or inadvertent operation when such operation could cause injury to personnel. Do not attempt to operate any switch, valve, or other energy- isolating device that is locked or tagged out. All employees in work area where lockout/tagout procedures may be used shall be instructed in the basic rules. 2. Master key systems or personal locks must never be used for lockout procedures. Employees must use only their assigned safety lock. G. TRAINING Note: The following training information and energy control procedures should be carefully checked and modified to meet the requirements and needs of each operation. Additional requirements and procedures may to needed to safely, and effectively control energy in machines and equipment in each work area. This is a generic outline provided only to assist county department heads and supervisors with a guide to implementing an energy control program. 1. Instructors shall be familiar with the OSHA 1910.147 Control of Hazardous Energy Source (Lockout/Tagout) regulations and the applications applicable to the machines and equipment in the work area. 2. Department heads or supervisors should locate and identify all isolating devices so that he/she can explain and/or show authorized employees how to lockout and/or tagout equipment or machinery. Remember that more than one type of energy source or residual energy may be involved. 106 ---PAGE BREAK--- NOTE: The following training outline shall be modified to specifically meet the needs of each Lockout/Tagout application and the department(s) where Lockout/Tagout will be used. 3. General training for authorized and affected employees: Discuss the purpose of Lockout/Tagout procedures. Discuss the employee's responsibility to comply with the Lockout/Tagout procedures. Define authorized, affected and other employees. Show and demonstrate the locks, safety lockout hasps, tags, blocks, safety pins and any other lockout/tagout devices used to comply with the procedure. All employees must be informed and must understand that only authorized supervisors and employees are permitted to implement and remove lockout/tagout devices, and that no employee is permitted to operate or attempt to operate any equipment or machinery that is locked or tagged out of service. Failure to comply may result in disciplinary action. Explain that affected and other employees in work areas where lockout/tagout procedures are implemented must be notified prior to equipment or machinery being locked out and prior to energy being restored. 4. Technical training for authorized supervisors and employees: Discuss the definitions. Discuss the documented Compliance Requirements. Train employees to utilize the documented Proper Energy Control Sequence or Lockout/Tagout. Train employees to utilize the group lockout/tagout procedures, if appropriate. Train each employee to utilize the lockout/tagout procedures for the specific energy sources that are appropriate to the type of service or maintenance expected to be performed by the employee. Although a test is not required, it is a good practice to require authorized employees to complete a test. Instructors should at least have employees demonstrate that they know and understand the procedures. Observe employees during implementation and be sure to take action if the procedures are not followed. Retraining may be necessary since repetition is the key to learning. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 36 was introduced. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. PACE RESOLUTION NO. 79-13 Authorize Payment - Surplus Sales Tax Treasurer’s Office WHEREAS, the County Treasurer has reported that following the distribution of the Cortland County Sales Tax Revenue for the year 2012, there is a surplus of $16,492.55 due to the following named municipalities who 107 ---PAGE BREAK--- elected not to receive their share of said tax receipts in cash, in the amounts indicated, over and above the amount credited said town to reduce its share of the 2012 tax levy: Lapeer $ 8,655.19 Solon $ 7,807.36 , NOW THEREFORE BE IT RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the above mentioned towns, the surplus sales tax amounts indicated above on or after February 28, 2013. On motion of Mr. Pace, second by Mr. Ross, Agenda Item No. 37 was introduced. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. PACE RESOLUTION NO. 80-13 Appoint Director of Real Property Tax Services - Real Property WHEREAS, the Cortland County Legislature has a vacant position of Director of Real Property Tax Services, AND WHEREAS, the duties and powers of the County Administrator as Chief Administrative Officer provide for the Administrator to monitor the department heads and provide general supervision to each department, AND WHEREAS, Local Law No. 7 of year 2002 reserves and prescribes the duty to the County Administrator to make recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Administrator has conducted interviews of interested candidates and offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator the recommendation for appointment of Randy Deal as Director of Real Property Tax Services, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Randy Deal as Director of Real Property Tax Services from March 4, 2013 to September 30, 2013 at an annual salary of $45,310.428 (Management Compensation Plan Grade 5, step 1, 28 hours/week) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. Announcements Ms. Price gave an update on Mr. Bushnell, who recently had surgery. She said he is doing very well and hopes to be back next month. Ms. Briggs distributed an amended version of a proposed department head appointment policy, and asked that the Personnel Committee review it at the next meeting. Executive Session Mr. Troy made a motion to go into Executive Session to discuss a personnel matter. Second by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. The Legislature held an Executive Session. Adjournment Following the Executive Session, Mr. Park adjourned the meeting. 108 ---PAGE BREAK--- Cortland County Legislature March 28, 2013 6:00 P.M. Minutes Order of Business Chairman Park opened the regular meeting at 6:00 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present except Mr. Ross, who was excused, and Mr. Parker. Approval of Minutes Mr. Troy made a motion to approve the minutes of the February 28, 2013 Regular Meeting, Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor There was no one signed up for Privilege of the Floor Proclamations & Recognitions The Clerk read a proclamation declaring Rural Road Safety Week in Cortland County, and presented the proclamation to Amanda Barber of the Soil & Water Conservation District. Ms. Barber said the Rural Road Safety Program has received national acclaim, and thanked the Legislature. Receive & File Ms. Price made a motion to Receive & File the County Clerk’s 2012 Annual Report; the Republican Election Commissioner Certification; and the Soil & Water Conservation District Annual Plan of Action. Second by Mr. Cornell. All members voting in favor, none opposed. The documents were received and filed. New Business Mr. Park asked that Agenda Items 16 and 25 be moved to the front of the agenda. There were no objections. On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 16 was introduced. Ms. Briggs asked where the money was coming from to pay for the increased position. District Attorney Mark Suben said there is money in personnel from a previous vacancy, and that the new position will be starting at a lower salary than the person who left. Ms. Briggs asked if there will be an increase in fringe benefits as well. Mr. Suben said he does not know that yet, as a person has not been hired, but that there could be. Ms. Briggs asked if this question was raised during committee. Mr. Whitney said it was not. All members voting in favor, except Ms. Briggs, who was opposed. Agenda Item No. 16 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 81-13 109 ---PAGE BREAK--- Abolish/Create District Attorney Assistant District Attorney (3/4 time)/Assistant District Attorney (full time) WHEREAS, the needs of the agency will be better served by abolishing one position of Assistant District Attorney (3/4 time) in the District Attorney’s Office, AND WHEREAS, the Judiciary & Public Safety Committee recommends the creation of one Assistant District Attorney (full time), NOW THEREFORE BE IT RESOLVED, that one position of Assistant District Attorney (3/4 time, Grade 4, $45,840-55,771/YR, Management Compensation Plan, Exempt class) be and hereby is abolished effective March 28, 2013, AND BE IT FURTHER RESOLVED, that one position of Assistant District Attorney (full-time, Grade 4, $61,120-74,362/YR, Management Compensation Plan, Exempt class) be created effective March 29, 2013. The Clerk said the additional resolution was not on the agenda, and asked for a motion to suspend the Rules of Order to consider it. Mr. Troy made a motion to Suspend the Rules of Order. Second by Mr. Cornell. All members voting in favor; none opposed. The Rules were Suspended to consider the resolution. On motion of Mr. Park, second by Mr. Cornell, the Legislature considered a resolution to “Appoint Republican Election Commissioner.” All members voting in favor; none opposed. The resolution became: ON MOTION OF MR. PARK RESOLUTION NO. 82-13 Appoint Republican Election Commissioner WHEREAS, The term of Robert Howe, duly appointed Cortland County Republican Election Commissioner expires December 31, 2013, AND WHEREAS, The Cortland County Republican Committee has submitted a certification endorsing the re- appointment of Robert Howe as the Cortland County Republican Election Commissioner, NOW THEREFORE BE IT RESOLVED, that Robert Howe, 2188 E. River Road, Cortland, NY 13045, is hereby appointed as the Cortland County Republican Election Commissioner for a term set to run Jan. 1, 2014 through Dec. 31, 2015. On motion of Mr. Ross, second by Mr. Cornell, Agenda Item No. 1 was introduced. Ms. Kathy Spencer of Labella & Associates reviewed the SEQR process to date and said that as the County’s consultant they recommend the Legislature approve the Draft Environmental Impact Statement for public review. Ms. Arnold said that in the past TCI has needed access to the County landfill property to perform various tests. The previous administrator and County Attorney have given permission pending the appropriate insurance certificates. She said additional testing will need to be done and suggested that an updated opinion, and insurance certificates be acquired. The Clerk said there will be a 105 day public comment period, but that TCI has requested additional time to get hard copies of the DEIS available, therefore the comment period will begin April 12, 2013 and close July 26, 2013. There will be three public hearings. All members voting in favor; none opposed. Agenda Item No. 1 became: 110 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 83-13 Resolution Declaring the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm to be Adequate for Public Review WHEREAS, Air Energy TCI Inc. (“TCI”) proposes to lease land from the County at the County owned landfill as part of its proposed Crown City Wind Energy Project, AND WHEREAS, Resolution 384-08 established the county as lead agency under the State Environmental Quality Review Act, AND WHEREAS, Resolution 215-12 issued a positive declaration under New York State Environmental Quality Review Act which has required that TCI submit a draft environmental impact statement AND WHEREAS, TCI submitted a draft EIS on September 17, 2012, and TCI subsequently revised the draft to address various concerns and resubmitted on October 23, 2012, and again on Feb. 28, 2013, AND WHEREAS, the County's environmental consultant, La Bella Associates, is of the opinion that the draft EIS is adequate to be distributed for public comment, AND WHEREAS, acceptance of the draft EIS does not imply final approval, but only commences the public review and comment period, AND WHEREAS, the Cortland County Agriculture & Planning Committee recommends that the Legislature, as Lead Agency, accept the draft EIS as adequate for public review, NOW THEREFORE BE IT RESOLVED, that the legislature hereby accepts the draft EIS as adequate for public review and requests that the Agriculture, Planning and Environment committee set a deadline for public comment on or about July 26, 2013, and that the committee also set dates for two or more public hearings. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION NO. 84-13 Authorize Agreement Health Department/Children With Special Needs Program (EI Escrow Agreement) WHEREAS, the New York State Department of Health Bureau of Early Intervention is requiring the Cortland County Health Department to enter into an Agreement for payment of Early Intervention claims through a State approved fiscal agent, pursuant to amendments made to Section 2557 by Chapter 56 of the Laws of 2012, AND WHEREAS, the County is required to deposit an initial sum of $13,187.07 in a State designated escrow bank account by April 15th, 2013 and thereafter deposit a similar amount specified by the State on at least a basis, AND 111 ---PAGE BREAK--- WHEREAS, the fiscal agent will use such monies to pay providers for approved Early Intervention services rendered to Cortland County children, NOW THEREFORE BE IT RESOLVED, that the funds exist in the following account: A40595.54500.4052 Medical Fees $13,187.07 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Public Health Director, or Designee, upon review and approval of the County Attorney, are hereby authorized to sign an agreement for the provision of said agreement. On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 3 was introduced. Representatives from DenteMax spoke about the Dental Benefit Card. They said the program is not an insurance policy, rather it is subscription-based discount program. DenteMax negotiates a price structure with participating dental providers. For residents who subscribe, they may take advantage of this lower price. Mr. Murphy said there is no cost to the County, other than printing of promotional material – this is merely an endorsement of the program. Applications will be made available in the Area Agency on Aging, DSS, Senior Centers, participating dentists and other public access points. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 85-13 Resolution Endorsing Health Economics Group’s/Dentemax Dental Benefit Card Cortland County Legislature WHEREAS, dental health is an integral part of a person’s overall health and wellness, AND WHEREAS, the cost of dentistry and associated care can be prohibitive for many Cortland County residents who are uninsured or underinsured, AND WHEREAS, Health Economics Group Inc., a third party administration company from Rochester, administers a Dental Network Card program, helping retain more affordable dental care to participating residents, AND WHEREAS, the New York State Association of Counties has endorsed the “Dental Network Card Program,” NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby endorses the Health Economics Group’s/Dentemax Dental Benefit Card and encourages Cortland County residents who qualify to take advantage of any costs savings offered, AND BE IT FURTHER RESOVLED, that the Cortland County Legislature encourages all dental health professionals operating in Cortland County to participate in the Dental Network Card Program, thus offering more affordable care to residents, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby authorizes the in-house printing of promotional materials to further promote the Dental Network Card Program in Cortland County. 112 ---PAGE BREAK--- Mr. Park said he would like Committee Chair’s to give a update at these meetings, prior to the introduction of their respective resolutions. Ms. Price said the Community Services Board and the Board of Health will be attending the April Health & Human Services Committee meeting to discuss how they operate with respect to the Legislature. The Feinstein Challenge is ongoing and she encouraged legislators to continue to bring in food for the pantries. Foster Parent Month is coming up and more details will be announced soon. On motion of Ms. Price, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 86-13 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on March 7, 2013 for the period April 1, 2013 through June 30, 2013 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 bidder, AND WHEREAS, the following bids were received: Ginsberg’s, PO Box 17, Route 66, Hudson, NY 12534 Maines Paper & Food Serv, Inc, 101 Broome Corp Pkwy, PO Box 450, Conklin, NY Quandt’s, PO Box 700, Amsterdam, NY 12010 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 Sysco Food Service, PO Box 80, Route 173 North, Warners, NY 13164 , 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 the above departments are authorized and directed to purchase said items from the low bidders for the period April 1, 2013 through June 30, 2013. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 87-13 Authorize Agreement Health Department/Children With Special Needs Program 113 ---PAGE BREAK--- (EI Provider Agreement) WHEREAS, the New York State Department of Health Bureau of Early Intervention is requiring the Cortland County Health Department to enter into a Provider Agreement with the Bureau of Early Intervention to continue to provide Early Intervention services, AND WHEREAS, this Provider Agreement is to ensure a timely transition from a municipal contract to a provider agreement, AND WHEREAS, approval will prevent a disruption in the services that children/families are currently receiving, AND WHEREAS, the purpose of this Agreement is to set forth the terms and conditions for participation in the Early Intervention Program (EIP) and to establish the obligations, expectations and relationship between the Department, municipalities within the State and Provider agencies, AND WHEREAS, the Agreement shall be effective, April 1, 2013 for a five year term, unless terminated pursuant to the terms hereof, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or Designee, upon review and approval of the County Attorney, are hereby authorized to sign an agreement for the provision of said services. Ms. Price asked that Agenda Item No. 6 be pulled from consideration. She said the purchase will be made from NYS bid, rather than a private contract. Mr. Fuller gave an update from the Highway Committee. He said NYS has announced $75 million in increased CHIPs funding included in the budget. This will translate to about $200,000 coming to Cortland County. On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 88-13 Approve Supplemental Agreement for Engineering Design & Award Bridge Replacement Contract Cheningo Rd. Bridge Replacement (PIN 3755.15)/Highway WHEREAS, the Replacement of Cheningo Road Bridge (PIN 3755.15) has been approved by the New York Department of Transportation and the project is to be funded with 80% Federal funds, AND WHEREAS, the said project is also eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marcheselli aid), AND WHEREAS, the Replacement of Cheningo Road Bridge (PIN 3755.15) was approved by Resolution # 106-10, for a total estimated cost of $3,021,000.00, AND 114 ---PAGE BREAK--- WHEREAS, Barton and Loguidice, P.C. 290 Elwood Davis Rd., Syracuse, NY has been selected to perform the engineering services for the Engineering Design and Engineering Construction Administration, AND WHEREAS, Resolution 199-10 was passed authorizing a contract with Barton and Loguidice for the design services with an estimated amount of $154,000.00, AND WHEREAS, Supplemental engineering design work was required and directed by NYSDOT for said project in the amount of $15,000.00, AND WHEREAS, an amount of $2,170,000.00 for the construction and construction administration/inspection of said project has been approved by the NYSDOT, AND WHEREAS, the Highway Superintendent has advertised for and received bids for the Construction of the Cheningo Road Bridge (P.I.N. 3755.15), and they are as follows: BIDDERS BID R. DeVincentis Construction, Inc. $1,422,000.00 1 Brick Ave. Binghamton, NY 13901 Silverline Construction, Inc. $1,463,967.00 4299 Newton Rd. Burdett, NY 14818 Economy Paving Co., Inc. $1,466,739.30 1819 NYS Route 13 Cortland, NY 13045 Slate Hill Constructors, Inc. $1,504,055.00 6573 Herman Rd. Warners, NY 13164 Vector Construction Corp. $1,618,160.25 6364 Island Rd. Cicero, NY 13039 Adhan Piping Co., Inc. $1,724,783.84 1865 State Route 13 Cortland, NY 13045 Fahs Construction Group Inc. $1,733,000.00 2224 Pierce Creek Rd. Binghamton, NY 13903 Tuscarora Construction Co., Inc. $1,962,423.00 4530 US Rt. 11 PO Box 520 Pulaski, NY 13142 115 ---PAGE BREAK--- , AND WHEREAS, the lowest responsible bid received for the Construction of the Cheningo Road Bridge (P.I.N. 3755.15) was received from R. DeVincentis Construction, Inc., 1 Brick Ave., Binghamton, NY 13901, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature of Cortland County, upon review and approval by the County Attorney, is hereby authorized to execute a Supplemental Agreement for the additional Design directed by NYSDOT and the Construction Administration Phase with Barton and Loguidice, P.C., 290 Elwood Davis Rd., Syracuse, NY 13220, for an amount not to exceed $339,000.00 for all engineering services on said project including the engineering services approved by Resolution 199-10, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature of Cortland County, upon review and approval by the County Attorney, is hereby authorized to execute an agreement for the Construction of said project with R. DeVincentis Construction, Inc., 1 Brick Ave., Binghamton, NY 13901, for an amount not to exceed $1,422,000.00, AND BE IT FURTHER RESOLVED, that the project costs be charged to the already established Account # H51225.52800.2806. On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 89-13 Authorize Agreement Dwyer Park 2013 Celtic Festival Highway Department WHEREAS, the Cortland Celtic Cultural Association has requested the Dwyer Park at Little York Lake on August 24th & 25th, 2013,to be the location of the 2013 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 2013 Cortland County Celtic Festival, AND WHEREAS, the Highway Committee has directed the Highway Superintendent 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. Mr. Troy gave an update on the Solid Waste Committee. He said Mr. Murphy provided the committee with a thorough overview of the Solid Waste Program’s financial situation. Reduced revenues at the Recycling Center continue to be a strain on the program, however the Committee, and Casella continue to review potential costs savings or ways to increase revenue. 116 ---PAGE BREAK--- On motion of Mr. Troy, second by Mr. Cornell, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. TROY RESOLUTION NO. 90-13 Authorize Amnesty Week Highway Department/Landfill WHEREAS, the Solid Waste Committee of this Legislature has recommended at their March 19, 2013 meeting that the Municipalities of Cortland County be granted one week in the spring of 2013 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 the month of May 2013, 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 2013 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 shall be excluded as an item that is exempt from tipping fees, however tires (without rims) will be accepted at the standard landfill tire disposal rates, 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. Mr. Pace gave an overview of the Personnel Committee. He said he will be meeting with Chairman Park, and the Majority and Minority Leader prior to the April committee meeting to discuss the Rules of Order in hopes of coming to a consensus and bring a proposal forward. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 10 was introduced. Ms. Briggs asked that the resolution state the money is coming from administration funds from the Tobacco Asset Securitization Corp. There were no objections. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. PACE RESOLUTION NO. 91-13 Authorize Contract/Cortland Electronics Cortland County Legislature 117 ---PAGE BREAK--- WHEREAS, Cortland County has allocated funds to outfit Legislative Chambers with a multi-media projector unit, AND WHEREAS, funds have been made available from the Cortland County Tobacco Asset Securitization Corporation, 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 Cortland Electronic Supply, Inc., 15 Glenwood Avenue, Cortland, NY 13045, for the purchase and installation of said equipment, AND BE IT FURTHER RESOLVED, that said services shall not exceed $3,400, and shall be paid out of Account A10105 54055. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 11 was introduced. Mr. Pace asked the Clerk to review the proposal. The Clerk said that the IQM2 Software program will create efficiencies in his office by utilizing templates for creating resolutions and preparing agendas and minutes. Input will be provided by department heads and approval authority will be provided to the Clerk, the Administrator and whoever else needs it. While this will save time, it will also provide a more transparent way of conducting business, as all materials will be made available on the Internet by “the click of a button.” This includes video recordings, minutes, meeting hand-outs, and it will all be hosted by the company’s servers, rather than the County. This is also being paid for through Tobacco funds, but it may only be a one-time funding source. This is a month-to-month agreement which the County can opt out of at any time. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. PACE RESOLUTION NO. 92-13 Authorize Contract/IQM2 Cortland County Legislature WHEREAS, Cortland County desires to create a more efficient legislative process, and a more transparent government, AND WHEREAS, IQM2 provides MinuteTraq to provide for the creation of agendas and minutes, and MediaTraq for posting these documents, as well as audio and video proceedings in a user-friendly format for public use, AND WHEREAS, IQM2 has provided a cost $1,080 per month (MinuteTraq-$600; MediaTraq-$480), 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 IQM2, 100 Comac Street, Ronkonkoma, NY, for the above services and costs, and that said costs shall be paid out of Account A10105 54055. As Mr. Ross was not in attendance, Ms. Arnold gave an update for the Agriculture/Planning/Environment Committee. She said the proposed Crown City Wind Farm has been a large undertaking of the committee, and much more work will need to be done. She said the committee hears regular updates from Cooperative Extension and Soil & Water. The recent adoption of the Agricultural Districts was a large undertaking by the Planning Department. She said new First Transit buses will soon be seen on the streets. 118 ---PAGE BREAK--- On motion of Ms. Arnold, second Ms. Price, Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 93-13 Amend 2013 Budget New York State Department of Transportation State Operating Assistance (STOA) Planning Department WHEREAS, The County of Cortland has received a “clean up” SFY 2012-13 STOA 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, 2013 to December 31, 2013 the 2013 County Budget is hereby amended as follows: Increase: Expense A80225.54081 5311 STOA $123,284.69 Increase: Revenue: A802243.43594 5311 STOA $123,284.69 On motion of Ms. Arnold, second by Mr. Cornell, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 94-13 Amend 2013 Budget - No-Cost Time Extension of Local/Miscellaneous Contract Section 5316 – Job Access and 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 and administer Section 5317 Federal formula reimbursement funds for new public transportation services and public transportation alternatives beyond those required by the American Disability Act of 1990 (ADA), that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services, both as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND 119 ---PAGE BREAK--- WHEREAS, Resolutions 177-10 and 178-10 accepted the grant and agreement with NYSDOT under the Section 5316 JARC and Section 5317 NF grant, AND WHEREAS, Resolution 216-12 authorized the request for the No Cost Time Extension of Local/Miscellaneous for the continuation of the JARC and NF grant until June 30, 2012, AND WHEREAS, documentation was submitted for the period January 1-2012 – March 31, 2012, but the NYSDOT has contacted Cortland County in regards to additional remaining funding for period of April 1, 2012 – June 30, 2012 under the No Cost Time Extension, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget is hereby amended as follows to allow the continuation of the No Cost Time Extension to include the periods of April 1, 2012-June 30, 2012: Section 5316 Increase Expense $7,227.00 Increase Revenue $7,227.00 Section 5317 Increase Expense $2,385.36 Increase Revenue $2.385.36 On motion of Ms. Arnold, second by Mr. Wheelock, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. ARNOLD RESOLUTION NO. 95-13 Amend 2013 Budget Professional Services/STOA CAP Project Offset Cortland County Planning Department WHEREAS, County of Cortland has received money from the auctioning 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 the used bus shall be used to reduce the gross project cost of other capital transit projects, AND WHEREAS, $1650.00 was deposited on September 2010 and $3,500 was deposited on December 21, 2010 from the sale of the buses into reserve account A369110, AND WHEREAS, in Resolution 201-11 the County agreed to be a participating Regional Transportation Coalition member and committed to $1,000.00 in funding, which was deducted from the expense account for support to the Regional Transportation Study that provides a regional mobility management plan to cost- effectively increase inter-city mobility services, AND WHEREAS, Seven Valleys Health Coalitions has requested a local match contribution of $2,000 for the JARC (Job Access and Reverse Commute) and NF (New Freedom) grant, under the New York State Department of Transportation Contract No. C003943 from Cortland County, AND 120 ---PAGE BREAK--- WHEREAS, the transfer of $2,000 from revenue account number 369110 will leave a balance for other transportation projects until the disposition of additional buses, NOW THEREFORE BE IT RESOLVED, the 2013 County Budget is hereby amended as follows: Increase Expense Account A80205-54055 Professional Service Transportation Needs $2,000.00 Decrease Revenue Account 369110 STOA CAP Project Offset $2,000.00 On motion of Ms. Arnold, second by Mr. Cornell, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Mr. Whitney said this will hopefully assist in the future when it comes to addressing problems with the New World Systems and dispatch program. Agenda Item No. 15 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 96-13 Authorize Assigning City of Cortland House Numbers Cortland County Planning Department WHEREAS, Resolution 245-85 authorized the Cortland County Planning Department to assume responsibility for a Uniform House Numbering House System for Cortland County for areas of the County outside of villages and the City of Cortland, AND WHEREAS, the intent of this resolution was to assure that there was a uniform house numbering system in Cortland County for the quick response of emergency services and for providing a specific address location for the delivery of all types of other services including U.S. mail, AND WHEREAS, it has been recognized that there is no central agency in the Villages or the City of Cortland which is responsible for assigning house numbers, AND WHEREAS, Resolution 366-06 authorized the Cortland County Planning Department to assume responsibility for assigning house numbers in the Village of McGraw, AND WHEREAS, Resolution 316-12 authorized the Cortland County Planning Department to assume responsibility for assigning house numbers in the Village of Homer, AND WHEREAS, On March 5, 2013, the City of Cortland Common Council voted to approve the Cortland County Planning Department to assign house number to properties in the City of Cortland, NOW THEREFORE BE IT RESOLVED, that to provide uniform house numbering to the City of Cortland the Cortland County Planning Department hereby is assigned the responsibility for assigning house numbers in the City of Cortland, Cortland County. Mr. Whitney gave an overview of the Judiciary & Public Safety Committee. He introduced Scott Roman, the new Director of Emergency Response & Communication and said things are going very well in the new 121 ---PAGE BREAK--- department. He said that Mr. Bushnell will be taking the lead of looking into jail operations, as the jail is a major expense. One potential option is building a new jail. Studies have been done in the past and they will be reviewed. Mr. Whitney said he will be having a meeting with the Coroners to discuss how indigent burials and unclaimed bodies are dealt with. On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 17 was introduced. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 97-13 Accept Funds/Amend Budget Sheriff’s Department (Medical Expenses) Whereas, funds have been made available from the Federal Government for costs associated with housing their prisoners, NOW THEREFORE BE IT RESOLVED, the 2013 budget is amended to reflect the acceptance of these funds with the following adjustments to the 2013 budget: Increase Revenue A315042 42260 Public Safety Other Govn’ts $12,344 Expense A31505-54500 Medical Expenses $12,344 On motion of Mr. Whitney, second by Mr. Spaulding, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 98-13 Amend 2013 Budget Sheriff Supporting Services WHEREAS during the Budget review process the Sheriff reduced his Supporting Services line with the understanding that if additional funds were needed in 2013 he could request that he be able to use this money that had been put into Contingency, AND WHEREAS there are April bills that cannot be paid without this money, NOW THEREFORE BE IT RESOLVED that the following amendment be made to the 2013 Budget: Increase A31505 54083 Supporting Services – Jail $100,000 Decrease A19905 54775 Contingency $100,000 122 ---PAGE BREAK--- Mr. Willcox gave an update on the Building & Grounds Committee. He said the department will be updating legislative chambers as time permits. Once the weather is better work will begin on the County Office Building parking lot. He said this will be a “Band-Aid” approach, as a full rehab would be cost prohibitive. Mr. Murphy said the County will begin to review both the exterior and interior security measures of the County Office Building. On motion of Mr. Willcox, second by Mr. Spaulding, Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 99-13 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid Small Business Program regarding rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, the Buildings & Grounds Committee has reviewed those proposals and recommends participating in the National Grid Small Business Program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, 7 Clayton Ave, Cortland, N.Y. has been identified as eligible, AND WHEREAS, there is the need to complete lighting retrofit work at 7 Clayton Ave. Cortland, N.Y. at a cost of $938.85 resulting in an annual savings of $542.68,with the County’s contribution of $281.66 and a National Grid Contribution of $657.20, AND WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $239.41 to take advantage of the 15% discount offered under the program, to be funded from Acc# A16205 5200 1622 Capital equipment, 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 a lighting retrofit project. On motion of Mr. Willcox, second by Mr. Bushnell, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 100-13 Amend Agreement JCM Architectural Associates Window& Door Replacement, Security Implementation Buildings & Grounds 123 ---PAGE BREAK--- WHEREAS, the Cortland County Legislature wishes to replace doors and windows at its 37 Church St. facility, replace windows in the County Office Building Gymnasium, replace entry doors at the County Office Building in conjunction with implementing security at that facility, AND WHEREAS, JCM Architectural Associates,7449 Morgan Road, Liverpool, N.Y. 13090 has submitted a complete proposal to prepare specifications for the window, door and security project, AND WHEREAS, JCM Architectural Associates has presented Proposal JCM# 12-187 Amendment #1 to provide a building review/study for building security for an additional cost of $4,500.00, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to amend the original agreement # 131-13 and sign the Amendment for said services with JCM Architectural Associates in an amount of $4,500.00 to be funded from Tobacco Securitization Funds. On motion of Mr. Willcox, second by Mr. Spaulding, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. WILCOX RESOLUTION NO. 101-13 Amend Budget/Authorize Purchase of Skid Steer Loader Tracey Road Equipment, Inc. Buildings & Grounds WHEREAS, the Buildings & Grounds Committee recognizes the periodic replacement of equipment is necessary and also recognizes the need to stabilize equipment replacement costs in the Budget, AND WHEREAS, Tracey Road Equipment, Inc., 6803 Manlius Center Road, East Syracuse, N.Y. 13057 has been awarded New York State Contract # 40604, Award# 21635 for Skid Steer Loaders, AND WHEREAS, Cortland County is desirous of purchasing a skid steer loader and utilizing its current Bob Cat skid steer as a trade , trade in price $16,000.00, AND WHEREAS, Tracey Road Equipment, Inc. has presented a quote to supply Cortland County with a New Holland Super Boom Model L223 for $37,018.00 less $16,000.00 trade for a total purchase price of $21,018.00, NOW THEREFORE BE IT RESOLVED, that this Legislature authorizes the purchase of the aforementioned skid steer loader and enter into a 2 year guaranteed Buy Back Agreement for $21,018.00, AND BE IT FURTHER RESOLVED, that this Legislature authorizes the County Treasurer to transfer $21,018.00 from A16205.5200.1622 Capital Equipment to A16205.52025 Repair and Maintenance to fund said agreement. On motion of Mr. Willcox, second by Mr. Troy, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 102-13 124 ---PAGE BREAK--- Lease Agreement Information Technology (Toshiba Business Solutions Copier Lease Agreement) WHEREAS, the County desires a lease agreement with Toshiba Business Solutions to supply a copier to the Sheriff’s Department, AND WHEREAS, Toshiba Business Solutions has agreed to provide a Toshiba E-233E Copier at a cost of $118.43 for 19 months, 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. On motion of Mr. Willcox, second by Mr. Spaulding, Agenda Item No. 23 was introduced. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 103-13 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 911 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 January 13, 2013 and to end December 31, 2013, in the amount of $557.40 per year, 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. Mr. Pace gave an update on the Budget & Finance Committee. He said there are still problems with the tax collection software in the Treasurer’s office, but they are working to address them. The committee voted against hiring a third party to work on tax foreclosures, and that they will be facilitating meetings between the parties to ensure a timely auction this year. On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 24 was introduced. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 104-13 Amend 2013 Budget 125 ---PAGE BREAK--- County Administration/Occupancy Tax Audit WHEREAS, Resolution #410-12 approved a contract with Bonadio Group to conduct an audit of the Occupancy Tax, AND WHEREAS, the audit was not completed until 2013 and the money appropriated in 2012 to pay for the audit must now be moved to 2013, NOW THEREFORE BE IT RESOLVED, the following amendment is made to the 2013 budget: Increase Revenue A641041 41113 Occupancy Tax $10,000 Expense A11755 54055 Professional Services $10,000 Announcements Mr. Troy thanked Chairman Park for hosting a meeting recently with the city, towns and villages to discuss the potential impacts of the recent $6 million grant announcement on the current sales tax agreement and distribution. He said he supports an addendum to the contract allowing the County to pay off the lease with Motorola sooner, thus saving the entire County additional funds. Adjournment Mr. Park adjourned the meeting. Cortland County Legislature April 25, 2013 6:00 P.M. Minutes – EXECUTIVE SESSION Executive Session Ms. Arnold made a motion to approve the Settlement Agreement with Mr. Dayton, as proposed by the County Attorney. Second by Mr. Whitney. Chairman Park called for a Roll Call vote. All legislators voting in favor, except Legislators Natoli, Parker, Ross, Troy and Willcox, who were opposed. The motion was approved with a weighted vote of 36,931. Adjournment Mr. Pace made a motion to close the Executive Session and return to the regular meeting. Second by Mr. Fuller. Mr. Park adjourned the Executive Session. 126 ---PAGE BREAK--- Cortland County Legislature April 25, 2013 6:00 P.M. Minutes Order of Business Chairman Park opened the regular meeting at 6:00 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present. Approval of Minutes Mr. Troy made a motion to approve the minutes of the March 28, 2013 Regular Meeting, Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor There was no one signed up for Privilege of the Floor. Proclamations & Recognitions The Clerk read a proclamation declaring RSVP Week in Cortland County. Mr. Fuller, member of the RSVP Board and volunteer, presented the proclamation to RSVP volunteers and Cindy Stout, Director of the RSVP Program. The Clerk read a proclamation declaring Soil & Water Stewardship Week in Cortland County. Mr. Ray Parker, members of the SWCD Board, presented the proclamation to Amanda Barber, Director of SWCD. The Clerk then read a statement regarding Ms. Barber’s recent honor of receiving the 2013 Willard F. Croney Distinguished Service Award, for lifetime achievement in her field. The Clerk read a proclamation declaring May as Foster Parent Month in Cortland County. Ms. Price, a long- time foster parent, presented the proclamation to DSS Commissioner Kristen Monroe, and foster parents Ron and Tricia Hinkle of Truxton. Liz Haskins, Director of the Area Agency on Aging, and Sandy Price, thanked legislators who participated in the Feinstein Challenge, bringing food in for local food pantries. Ms. Price had challenged legislators to participate, and they announced those who donated the most were Mr. Fuller, Mr. Murphy and Mr. Cornell. Receive & File Mr. Troy made a motion to Receive & File the Department of Social Services 2012 Annual Report. Second by Ms. Price. All members voting in favor, none opposed. The documents were received and filed. New Business Ms. Price said the May Health & Human Services Committee meeting will feature a review of the DSS Annual Report from 2012. She said the last meeting included a discussion about the services provided by the Board of Health and the Community Services Board, and how the County interacts with those agencies. 127 ---PAGE BREAK--- On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MS. PRICE RESOLUTION NO. 105-13 Abolish/Create Cortland County Health Department Director of Clinical Operations/Director of Jacobus Center WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Director of Clinical Operations and creating one full-time position of Director of Jacobus Center, AND WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Director of Jacobus Center, AND WHEREAS, the Budget & Finance/Health Committees recommend the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Director of Clinical Operations for the Health Department (Management Grade 5, $ 56,856-69,174/yr.) be and hereby is abolished effective April 25, 2013 at midnight, AND BE IT FURTHER RESOLVED, that one position of full-time Director of Jacobus Center (Management Grade 6 $52,890-64,348/yr.) be created effective April 26, 2013 at 12:01. On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MS. PRICE RESOLUTION NO. 106-13 Award Contract/Authorize Agreement Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) WHEREAS, the County of Cortland is responsible for providing transportation for children with disabilities (ages birth through five years) for therapy and program participation, AND WHEREAS, the County issued a Request for Proposal (RFP) on February 25, 2013, for Transportation of Children with Disabilities for the school 2013-2015 contract years, AND WHEREAS, the Health Committee and Budget and Finance Committees have reviewed all received RFPs and have selected a contractor who meets all of the County’s requirements, NOW THEREFORE BE IT RESOLVED, that the contract for Transportation of Children with Disabilities (Acct # A29605.54049) for the 2013-2015 contract years be awarded to First Transit Inc., 600 Vine Street, Suite 1400, Cincinnati, OH., 45202, AND BE IT FURTHER RESOLVED, that the Committees have rejected all other bids that were received, AND BE IT FURTHER 128 ---PAGE BREAK--- RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, are hereby authorized to enter into an agreement with First Transit Inc., 600 Vine Street, Suite 1400, Cincinnati, OH., 45202 for the two-year period July 1, 2013, through June 30, 2015, with an optional one year extension, upon review and approval by the County Attorney. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 107-13 Authorize Agreement Syracuse University/Field Instruction (Mental Health) WHEREAS, the Cortland County Mental Health Department and Syracuse University mutually wish to renew an agency agreement that expired in 2011, so that the programs and services of the Cortland County Department of Mental Health can continue to accept Syracuse University Students for field placement, AND WHEREAS, the students and Syracuse University agree to abide by all of the applicable Cortland County rules and policies for volunteers and interns, AND WHEREAS, the county benefits from the work of the assigned students, the relationship with Syracuse University, and the receipt of tuition credits in accordance with the procedures set forth in the university’s policy statement entitled “Tuition Credit Policies for Outside Agencies”, 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 the Agency Agreement with Syracuse University for Field Instruction. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 108-13 Authorize Agreement Mental Health Department Minnesota Multi-state Contract Alliance for Pharmacy WHEREAS, According to Medicaid Part 599 regulations all article 31 clinics serving adults such as the Cortland County Mental Health Clinic, operated by the duly appointed Community Services Board, are required to provide access to injectable medications such as the Risperdal Consta and Invega Sustenna to its clients, AND WHEREAS, The Minnesota Multi-state Contract Alliance (MMCAP), is open to government facilities, such as counties, that provide healthcare services, AND 129 ---PAGE BREAK--- WHEREAS, The function of MMCAP is to provide a full range of pharmaceuticals, including Risperdal Consta and Invega Sustenna to its participating facilities through participating state contracts (including New York) at discounted prices, AND WHEREAS, The vendors that are contracted to provide services are AmerisourceBergen, Inc., Cardinal Health, Morris Dickson, and McKesson, AND WHEREAS, The Medicaid Part 599 regulations available on the OMH website state that “the clinic will receive payment for the drug cost plus an additional $13.23 for the injection.” Therefore, injections of Invega Sustenna and Risperdol Consta performed by the Cortland County Community services board are entirely reimbursed by Medicaid, 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 the agreement between the Cortland County Community Services Board and the State of Minnesota acting through its Commissioner of Administration on Behalf of Minnesota Multi-state Contract Alliance for Pharmacy. On motion of Ms. Price, second by Mr. Bushnell, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 109-13 Amend 2013 Budget Catholic Charities/NYSOMH Mental Health Department WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved additional funding for Catholic Charities in 2013 in the amount of $27,000.00 for their Community Residential program to upgrade their medical records system, NOW THEREFORE BE IT RESOLVED, that the 2013 county budget be amended as follows: Increase: Expenses: A 43105 54870 4224 Catholic Charities HCCA (OMH) $27,000.00 Revenues: A431043 43486 4200 NYS OFFICE OF MENTAL HEALTH $27,000.00 Mr. Fuller gave an overview from the Highway Committee, and said in March a meeting was held in Albany in which he and Mr. Chambers advocated for an additional $100 million in the NYS Budget for CHIPS funding of highway projects. Only $70 million was received, of which Cortland County will receive 276,601.91. On motion of Mr. Fuller, second by Mr. Troy, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: 130 ---PAGE BREAK--- ON MOTION OF MR. FULLER RESOLUTION NO. 110-13 Award Highway Construction Contract for Prestressed Concrete Superstructure for Cheningo - Solon Pond Rd. (C.R. 155) Highway Department WHEREAS, the Highway Superintendent advertised for and received bids to Design, Supply and Install Prestressed Concrete Superstructure for the project to replace a culvert on Cheningo – Solon Pond Rd. (C.R. 155), AND WHEREAS, the bids received are as follows: BIDDERS BID Silverline Construction, Inc. $52,498.00 4299 Newton Rd. Burdett, NY 14818 Stephen Miller General Contractors, Inc. $52,816.32 P.O. Box 291 Mayfield, NY 12117 R. DeVincentis Constr. Inc. $66,528.00 1 Brick Avenue Binghamton, NY 13901 Economy Paving Co., Inc. $74,433.60 1819 NYS RT 13 Cortland, NY 13045 , NOW THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: Silverline Construction, Inc. for the total amount bid of $52,498.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Silverline Construction, Inc., 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 D51125.54077.7015 Materials and Supplies for the Cheningo – Solon Pond Rd. project. On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 111-13 131 ---PAGE BREAK--- Award/Extend Bids Various Materials Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department in 2010, 2011 AND 2012 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 2010, 2011 AND 2012 bids to purchase materials, supplies and services from the low bidders meeting specifications as follows: ASPHALT EMULSION SLURRY SEAL from Suit Kote Coporation, 1911 Lorings Crossing Rd., Cortland, NY 13045 BITUMINOUS MATERIALS-LIQUID from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. CRACK FILLING from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. IN-PLACE RECYCLED ASPHALT PAVEMENT (COLD) and PARTIAL DEPTH STABILIZATION from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. MICROSURACING EXISTING ASPHALT PAVEMENT from . Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. PROCESSING OF HIGHWAY AGGREGATE from RMS Gravel, Inc. 290 Mott Rd., Dryden, NY 13053. On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 112-13 Award Bids Various Materials Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Highway Department may purchase materials, supplies and services from the low bidders meeting specifications as follows: ABRASIVES FOR SNOW & ICE from the low bidder where cost of hauling and availability will be a consideration. BITUMINOUS CONCRETE from Suit-Kote, 1911 Lorings Crossing Rd., Cortland, NY 13045. CRUSHED STONE from the low bidder where cost of hauling and availability will be a consideration. 132 ---PAGE BREAK--- 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. GUIDERAIL POST INSTALLATION from Silverline Construction, Inc., 4299 Newton Rd., Burdett, NY 14818. HEAVY ROCK RIP-RAP from the low bidder where cost of hauling and availability will be a consideration. LIQUID CALCIUM CHLORIDE from the low bidder where cost of hauling and availability will be a consideration. OIL AND LUBRICANTS from Superior Lubricants, 32 Wand Rd., North Tonawanda, NY 14120. PAINTING TRAFFIC LINES from Accent Stripe, Inc., 3275 N. Benzing Rd., Orchard Park, NY 14127. RETREAD TIRES from Tallmadge Tire, 50 Groton Ave., Cortland, NY 13045. STEEL SNOWPLOW AND GRADER BLADE EDGES from Chemung Supply Corp., PO Box 527, Elmira, NY 14902. STONE FILLING MATERIALS from the low bidder where cost and availability will be a consideration. TRANSIT MIX CONCRETE/WASTE BLOCKS from the low bidder where cost and availability will be a consideration. TREE AND STUMP REMOVAL from Stub’s Tree Service, 4671 Syrian Hill Rd., McGraw, NY 13101. UNLEADED FUEL from Mirabito Energy Products, The Metro Center, 49 Court St., Binghamton, NY 13902. 100LL AVIATION GASOLINE from Ascent Aviation Group, Inc., One Mill St., Parish, NY 13131. On motion of Mr. Fuller, second by Mr. Bushnell, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 113-13 Transfer Funds/Establish Project Highway Department WHEREAS, the Cortland County Highway Department has determined that there is a need to rehabilitate a large Culvert 109-0397-6.75 on Little York Lake Road Crossing, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent the following project hereby be established, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be amended as follows: Decrease 133 ---PAGE BREAK--- Expense: D51125.54077.7017 $150,000.00 Telephone Rd. Ext. Bridge.-Materials Increase Expense: D51125.54077.7019 $150,000.00 Little York Lake Crossing Large Culvert On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 114-13 Amend Budget/Transfer Funds CHIPS Capital Highway Department WHEREAS, the Cortland County Highway Department is going to receive $276,601.91 more than anticipated in CHIPS revenue in the 2013 budget, AND WHEREAS, the increase in the CHIPS funding would best be utilized by increasing the expense lines in the East Keeney Road Rehabilitation Project and the Truxton Tully Road Project, NOW THEREFORE BE IT RESOLVED, that the 2013 Adopted County Budget is hereby amended as follows: Increase: Revenue: D511243.43501 CHIPS Capital $276,601.91 Increase: Expense: D51125.54065.7005 E. Keeney Rd. Rehab Equipment $ 66,000.00 D51125.54065.7018 Truxton Tully Rd. Equipment $ 54,000.00 D51125.54077 .7005 E. Keeney Rd. Rehab. Materials $111,000.00 D51125.54077.7018 Truxton Tully Rd. Materials $ 45,601.91 On motion of Mr. Fuller, second by Mr. Bushnell, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 115-13 Award Highway Construction Contract for Telephone Road Extension over Otselic River Bridge Rehabilitation In the Town of Cincinnatus B.I.N. 1061180 Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for theTelephone Road Extension over Otselic River Bridge Rehabilitation in the Town of Cincinnatus, B.I.N. 1061180, AND 134 ---PAGE BREAK--- WHEREAS, the bids received are as follows: BIDDERS BID R. DeVincentis Construction, Inc. $295,000.00 One Brick Avenue Binghamton, NY 13901 Economy Paving Co., Inc. $332,146.00 1819 NYS RT 13 Cortland, NY 13045 Vector Construction Corp. $332,477.70 6364 Island Road Cicero, NY 13039 Slate Hill Constructors, Inc. $477,055.00 6573 Herman Rd. Warners, NY 13164 , 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: R. DeVincentis Construction, Inc. for the total amount bid of $295,000.00, 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. One Brick Avenue, Binghamton, NY 13901, 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 D51125.54077.7017 Materials and Supplies for the Telephone Road Ext. Bridge. On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. TROY RESOLUTION NO. 116-13 Award Household Hazardous Waste Contract Clean Venture Inc. Highway Department/Landfill WHEREAS, the Highway Superintendent advertised for and received bids for The Collection and Disposal of Household Hazardous Waste, AND WHEREAS, the Highway Superintendent has received the following bids for The Collection and Disposal of Household Hazardous Waste and they are as follows: Household Hazardous Waste 135 ---PAGE BREAK--- BIDDERS BID Clean Venture, Inc. $45.00 per car 201 South First St. $5,000.00 Minimum Elizabeth, New Jersey 07206 The Environmental Service Group (NY), Inc. $35.00 per car 177 Wales Avenue $6,750.00 Minimum Tonawanda, NY 14150 MXI Environmental Services, LLC $48.00 per car 26319 Old Trail Rd. $6,900.00 Minimum Abingdon, VA 24210 , AND WHEREAS, the amount is not to exceed $ 7,000.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL81605.54625 Garbage for the Collection and Disposal of Household Hazardous Waste, 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 Clean Venture, Inc., 201 South First St., Elizabeth, NJ 07206, with a maximum amount not to exceed $7,000.00. The Clerk pulled Agenda Item No. 13 from the Agenda, as it was placed there in error. The resolution was tabled by the Personnel Committee and will be considered again next month. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PACE RESOLUTION NO. 117-13 Adopt Cortland County Cell Phone Policy Personnel Department WHEREAS, Cortland County issues cell phones for County business to certain employees, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the attached Cell Phone Use Policy to govern the purchase or lease, assignment, maintenance and use of County owned/paid for cellular telephones, other wireless network devices, land-line telephones, fax machines or any other devices intended for use with Cortland County’s networked resources, as well as to govern the use of personal cellular telephones on County property and/or while conducting County business, AND BE IT FURTHER RESOLVED, that all previous telephone communication polices, including Res. 515-90; and Res. 232-98 are hereby rescinded. 136 ---PAGE BREAK--- CORTLAND COUNTY CELLULAR TELEPHONE/TELEPHONE/WIRELES NETWORK DEVICE POLICY I. INTRODUCTION: This policy governs the purchase or lease, assignment, maintenance and use of County owned/paid for cellular telephones, other wireless network devices, land-line telephones, fax machines or any other devices intended for use with Cortland County’s networked resources. In addition, it governs the use of personal cellular telephones on County property and/or while conducting County business. II. Purchasing or Leasing of County Cellular Telephones/Wireless Devices Whenever a department head wishes to obtain a new, or replace an existing, cellular telephone/device for a County employee, regardless of the cost of the device, a Cortland County Cell Phone Request Form must be completed and forwarded to the County Information Technology Director. A copy of this form is attached. Departments may not deal directly with cell phone vendors. Issues involving service, phones, etc. shall be addressed by the department head and the IT Director. All new hardware, software and/or related components that provide wired and/or wireless connectivity and services to the Cortland County networked resources will be managed by Cortland County’s Information Technology Department. The installation and/or use of hardware, software and/or related components not approved by Information Technology is not allowed. This policy is complementary to any previously implemented policies dealing specifically with network access, wireless access and remote access to the Cortland County network and proper use thereof (i.e. Cortland County Information Security Policy). III. Assignment of County Cellular Telephones Eligibility for County Cellular Telephone: The determination of who shall be eligible for assignment of a County cellular telephone shall rest solely with the County. The assignment of a County cellular telephone to an employee shall not create any continuing obligation on the part of the County to provide a County cellular telephone in the future. The following criteria shall determine whether such an assignment is appropriate: a. The staff member must spend a significant amount of time working away from an accessible land-line telephone; and b. There is a regular business need for the staff member to have the cellular telephone during these period of time in order to make or receive calls; and c. The value of having the cellular telephone/wireless network device must outweigh the costs, both monetary and administrative, of the telephone. d. For wireless network devices, justification of the device must address the off-duty use of the device by hourly staff and the overtime regulations concerning that use. Assignments of County Cellular Telephone: Before a County cellular telephone is provided to an employee, the Department Head, or his/her designee, shall review this policy with the employee, provide a copy to him/her, and have the employee sign a Cellular Telephone Use Agreement. For those employees who already possess a County cellular telephone on the effective date of this policy, the Department Head shall take these actions within thirty days of implementation of this policy. 137 ---PAGE BREAK--- Additionally, the original agreement will be placed in the employee’s personnel file and a copy will be provided to the employee. A copy of this agreement is attached. Return of County Cellular Telephone: Any employee who has been assigned a County cellular telephone shall return such upon a request from his/her department head or the County Administrator or upon termination of employment. Return of County cellular telephone must be noted on the original cellular telephone use agreement that is in the employee’s personnel file. In addition, such employees may be required to produce an assigned County cellular telephone for inspection at any time, upon request. IV. Maintenance and Use of County Cellular Telephones/Wireless Devices with Cellular Functions Maintenance of County Cellular Telephones/Wireless Devices: Any employee who is assigned a County cellular telephone shall exercise reasonable and prudent care to keep such telephone in good working order and protect it from damage and/or theft. If the employee has mismanaged the device and/or not used prudent judgment, he/she may be responsible for the replacement of such a device should it become damaged. Use of County Cellular Telephone/Wireless Devices: 1. Generally – County cellular telephones/wireless devices are provided to employees as a tool to carry out the business of Cortland County when other communications options are not reasonably available. They are not provided for the personal benefit or use of employees. 2. Personal Use – County cellular telephones/wireless devices are not intended for the personal use of employees. Personal use of such telephones shall be limited to infrequent, incidental and emergency use only. Any employee who engages in personal use of a County cellular telephone shall report use to his/her Department Head or to the County Administrator within two business days of such use and shall be responsible for any charges to the County associated with the personal use. V. Maintenance and Use of Wireless Network Devices 1. It is the responsibility of any Cortland County employee who is connecting to the County’s network via a wireless network device or service to ensure that all components of his/her wireless connection remain as secure as his/her network access within the office. It is imperative that any wireless connection be utilized appropriately and ethically. 2. Employees using wireless network devices and services for remote wireless access will, without exception, use secure remote access procedures. 3. Prior to initial use or connecting to the County’s network, all wireless network device hardware, software and related services must be registered with Information Technology. No County employees or contractors will make modifications or any kind to County-owned and installed wireless hardware or software without the express approval of Information Technology. 4. The wireless network device user agrees to immediately report to his/her supervisor and the County’s Information Technology department any incident or suspected incidents of unauthorized access and/or disclosure of company resources, databases, networks, etc. 5. Software should not be downloaded or otherwise loaded and installed on to the wireless network device. The downloading of games and ringtones is strictly prohibited. Only authorized Information Technology technical staff may operate system upgrades or install software. 6. Failure of the wireless network device as a result of not conforming to this policy will result in the device being attempted to be reset to factory settings. This will usually mean a loss of all settings, addresses, uniquely stored emails and other data from the device. 138 ---PAGE BREAK--- 7. Information Technology reserves the right to turn off without notices any wireless access to the network that puts the County’s systems, data and users at risk. 8. Wireless devices are the property of Cortland County and may not be given, loaned or used by anyone other than the employee to whom it is assigned. 9. Report damaged or physically malfunctioning wireless devices to the supervisor. VI. Use of Personal Cellular Telephones for County Business 1. Permissive Use – Employees may use personal cellular telephones for County business unless they are prohibited from doing so by their Department Head or the County Administrator. Employees shall not be required to utilize a personal cellular telephone for County business. 2. Reimbursement for Use - Employees shall not be reimbursed for the use of their personal cellular telephone for County business unless otherwise authorized by the Department Head or County Administrator. VII. Use of All Cellular Telephones This section of the policy applies to the usage of County owned, leased cellular telephones and personal cellular telephones in the possession of an employee at any time the employee is on County property, in a County owned or eased vehicle, on County work time or engaged in County business. A. Compliance with Laws: Employees shall comply with all Federal, State and/or Local laws, rules and regulations governing the use of cellular telephones. An employee who is charged with a violation of any such law, rule or regulation will be solely responsible for any liability associated with the violation. B. Safe Usage of Cellular Telephones: Employees shall at all times exercise reasonable care in the use of cellular telephones in order to insure the safety of the employee and others. All employees shall refrain from using cellular telephones while driving a motor vehicle or operating motorized equipment. C. Privacy and Confidentiality: Privacy - Employees are not permitted to record and/or video tape co-workers, supervisors or clients without disclosure and consent. Confidentiality – Employees are advised that cellular telephone communications are not confidential and may be overheard by third parties. Employees must exercise reasonable care to insure that confidential matters are not improperly disclosed through the use of cellular telephones. Additionally, in no instance shall employees text confidential work-related information on cellular telephones. D. Personal Calls on Work Time: Personal telephone calls, both cellular (including social networking, texting, email, etc.) and via land line, on paid work time, excluding paid breaks/paid lunch which are allowed if authorized by the department head, should be limited to infrequent, incidental and emergency calls only. Department heads and supervisors may limit calls as deemed appropriate. VIII. Department Head Responsibilities In addition to the Department Head obligations discussed in this policy, Department Heads have the following responsibilities under this policy: 139 ---PAGE BREAK--- A. Policy Distribution: Each Department Head shall post a copy of this policy in one or more prominent location(s) within the department. In addition, each department head shall provide a copy of this policy to all departmental employees. B. Compliance: Take action to enforce this policy, as needed, which may include providing training regarding the terms of this policy, and counseling and/or disciplining employees who are not complying with the policy. Monitor all County cellular telephone bills relating to departmental usage to insure that usage is appropriate and compliant with this policy. C. Cell-Free Zones: Each Department Head may establish areas within the department in which cellular telephones will not be permitted. These areas may be limited to specified areas (i.e. desks, etc.) or encompass the entire physical area of the department. If such cell-free zones are established, the Department Head will communicate this fact to departmental employees and others as needed. IX. Definitions “County cellular telephones” means those cellular telephones that are owned or leased by Cortland County. “Other communication options” means options including, but not limited to, land-line telephones, two-way radios, call boxes, in-person communications, etc. “Wireless network device” means any device that can connect to a wireless network and is capable of sending and/or receiving data over said network. Examples are: smart phones, tablets, laptops, etc. X. Policy Violations Violations of this policy may result in disciplinary action, up to and including termination of employment, and/or civil or criminal action, if appropriate. On motion of Mr. Ross, second by Mr. Wheelock, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. ROSS RESOLUTION NO. 118-13 Authorize Assigning Village of Marathon House Numbers Cortland County Planning Department WHEREAS, Resolution 245-85 authorized the Cortland County Planning Department to assume responsibility for a Uniform House Numbering House System for Cortland County for areas of the County outside of villages and the City of Cortland, AND WHEREAS, the intent of this resolution was to assure that there was a uniform house numbering system in Cortland County for the quick response of emergency services and for providing a specific address location for the delivery of all types of other services including U.S. mail, AND WHEREAS, it has been recognized that there is no central agency in the Villages or the City of Cortland which is responsible for assigning house numbers, AND WHEREAS, Resolution 366-06 authorized the Cortland County Planning Department to assume responsibility for assigning house numbers in the Village of McGraw, AND 140 ---PAGE BREAK--- WHEREAS, Resolution 316-12 authorized the Cortland County Planning Department to assume responsibility for assigning house numbers in the Village of Homer, AND WHEREAS, Resolution 95-13 authorized the Cortland County Planning Department to assume responsibility for assigning house numbers in the City of Cortland, AND WHEREAS, On March 20, 2013, the Village of Marathon Board of Trustees voted to approve the Cortland County Planning Department to assign house numbers to properties in the Village of Marathon, NOW THEREFORE BE IT RESOLVED, that to provide uniform house numbering to the Village of Marathon the Cortland County Planning Department hereby is assigned the responsibility for assigning house numbers in the Village of Marathon, Cortland County. On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 16 was introduced. All members voting in favor, except Mr. Willcox, who was opposed. Agenda Item No. 16 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 119-13 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) WHEREAS, Cortland County passed Resolution 69-13, Authorizing A Home Rule Request For Special Legislation To Provide For Implementation Of An Additional Telephone Surcharge For Cortland County, 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 141 ---PAGE BREAK--- 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. ON MOTION OF MR. WHITNEY RESOLUTION NO. 120-13 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, Authorizing A Home Rule Request For Special Legislation To Increase the Wireless Surcharge for Cortland County, 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. On motion of Mr. Whitney, second by Mr. Pace, Agenda Item No. 18 was introduced. All members voting in favor. Agenda Item No. 18 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 121-13 Authorize Agreement – Autopsy Services Lourdes Hospital County Coroner WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, AND 142 ---PAGE BREAK--- WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from Our Lady of Lourdes Memorial Hospital, Inc., 169 Riverside Drive, Binghamton, New York 13905, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has the necessary expertise and facilities to perform these services and is willing to provide said services, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature be and hereby is authorized to enter into an agreement, upon approval of the County Attorney, with Our Lady of Lourdes Memorial Hospital, Inc. for autopsy and forensic laboratory services for a term beginning November 9, 2012 and continue for an initial term of one year. Thereafter, the agreement shall automatically renew for successive one year terms, AND BE IT FURTHER RESOLVED, that the fees charged to the County for autopsy and forensic laboratory services are as follows but may be changed from time to time and that Lourdes will provide County with an updated Fee Schedule as applicable: Autopsy Fees: Morgue Fee Per Case: $400.00 Special Fees: Alcohol Level: $115.50 Serum Drug Screen $689.75 Radiographs: Skull Partial $285.85 Chest 2 views, Posterior and Lateral 2 views $ 94.30 Cervical Spine, minimum of 4 views $421.25 Pelvis, AP only AP Pelvis, 1-2 views $ 90.25 Adb. Single Antero $184.30 On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 19 was introduced. Ms. Briggs said this resolution did not go through the Budget & Finance Committee, and the department could run out of funds by the end of the year. She said changes such as this should be addressed in the budget, rather than in the early part of the year. District Attorney Suben said this will be covered in the existing budget. There will be an additional cost next year of about $6,800. All members voting in favor, except Ms. Briggs and Mr. Boyden, who were opposed. Agenda Item No. 19 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 122-13 Abolish/Create Keyboard Specialist/Paralegal District Attorney WHEREAS, the needs of the agency will be better served by reclassifying one position of Keyboard Specialist in the District Attorney’s Office, AND WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Paralegal, AND 143 ---PAGE BREAK--- WHEREAS, the Judiciary & Public Safety Committee recommends the creation of one Paralegal, NOW THEREFORE BE IT RESOLVED, that one position of Keyboard Specialist (Grade 5, $13.2330-16.4220/HR, CSEA, Competitive class) be and hereby is abolished effective April 25, 2013 at midnight, AND BE IT FURTHER RESOLVED, that one position of Paralegal (full-time, Grade 13, $16.9081-20.9827/HR, CSEA, Competitive class) be created effective April 26, 2013 at 12:01 AM. Mr. Troy made a motion to go into Executive Session to discuss this personnel-related item. Second by Mr. Cornell. All members voting in favor, except Ms. Briggs, who was opposed. The motion was approved. Following the Executive Session, on motion of Mr. Whitney, second by Mr. Pace, Agenda Item No. 20 was introduced. All members voting in favor. Agenda Item No. 20 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 123-13 Appoint Director of Weights & Measures Weights & Measures WHEREAS, the Cortland County Legislature has a vacant position of Director of Weights & Measures, AND WHEREAS, the duties and powers of the County Administrator as Chief Administrative Officer provide for the Administrator to monitor the department heads and provide general supervision to each department, AND WHEREAS, Local Law No. 7 of year 2002 reserves and prescribes the duty to the County Administrator to make recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Administrator has conducted interviews of interested candidates and offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator the recommendation for appointment of Stephen Feint as Director of Weights & Measures, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Stephen Feint as Director of Weights & Measures on May 13, 2013 at an annual salary of $39,604 (Management Compensation Plan Grade 10, step 1, Competitive Class) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. On motion of Mr. Willcox, second by Mr. Cornell, Agenda Item No. 21 was introduced. All members voting in favor. Agenda Item No. 21 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 124-13 Renew Agreement 144 ---PAGE BREAK--- Buildings And Grounds ( Simplex/Grinnell ) WHEREAS, there is a need to renew the annual agreement with Simplex/Grinnell LP, 631 Field St, Johnson City, N.Y., 13790 for servicing the Fire Alarm Systems at the County Office Building, the Court House, the Public Safety Building, the Jail, 49 Grant St., the Dwyer Park Pavilion, the Cortland County Airport, the Cortland County Highway Building HB4, the Cortland County Recycling Center, and 112 River St., AND WHEREAS, Simplex/Grinnell has the New York State Contract # PT63104, Award# 20191 for Fire Alarm inspections through August 26, 2020 and has submitted a proposal for $7,594.00 per year , AND WHEREAS, the Buildings and Grounds Committee recommends continuing this service, AND WHEREAS, Account No. A16205.4015, Maintenance Agreements & Repairs is funded to include this amount, NOW THEREFORE BE IT RESOLVED, that this Legislature hereby authorizes the Chairman to renew said agreement with Simplex, to expire December 31, 2019, upon approval of the County Attorney. On motion of Mr. Willcox, second by Mr. Parker, Agenda Item No. 22 was introduced. All members voting in favor. Agenda Item No. 22 became: ON MOTION OF MR. WILCOX RESOLUTION NO. 125-13 Renew Agreement Hess Corporation (Various Locations) WHEREAS, Resolution No. 44-11 authorized the Municipal Electric and Gas Alliance (MEGA) to represent Cortland County in a bid for natural gas, AND WHEREAS, MEGA determined Hess Corporation, One Hess Plaza, Woodbridge, N.J., 07095 was the lowest responsible bidder, and executed a program agreement with Hess Corporation, AND WHEREAS, MEGA has extended that agreement with Hess Corporation from May 1, 2013 through April 30, 2015, NOW THEREFORE BE IT RESOLVED, that Cortland County renew the agreement with Hess Corporation for 112 River St., 25 Homer Ave., 60 Central Ave, 49 Grant St., 54 Greenbush St., 7 Clayton Ave., 4267 Traction Drive, 999-B Tompkins St., 37 Church St., 922 State Route 222, 99 Main St., 137 Pendleton St., and 4267 Traction Drive # HB4, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby authorizes the Chairman of the Legislature, upon the approval of the County Attorney, to form, to renew an agreement with Hess Corporation, One Hess Plaza, Woodbridge, N.J., 07095 for Natural Gas. On motion of Mr. Willcox, second by Ms. Price, Agenda Item No. 23 was introduced. All members voting in favor. Agenda Item No. 23 became: 145 ---PAGE BREAK--- RESOLUTION NO. 126-13 ON MOTION OF MR WILLCOX Authorize Agreement Information Technology (Folder/Sealer Machine) WHEREAS, the Maintenance Agreement with Pitney Bowes on the County folding/sealing machine has expired on March 31st, 2013, AND WHEREAS, a Pitney Bowes Maintenance Agreement for April 1st, 2013 thru March 31st, 2014 has been received in the amount of $2,503.68, 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. Mr. Pace gave highlights from the Budget & Finance Committee. Mr. Pace said he and Mr. Park have been working with the County Attorney’s Office and the Treasurer to ensure the proper and efficient foreclosure and auction policy. The B&F Committee also met with Rich Cunningham of Thoma Development about a proposal concerning downtown development that would allow for a tax abatement program to assist with development in the upper floors of downtown buildings. On motion of Mr. Pace, second by Mr. Fuller, Agenda Item No. 24 was introduced. All members voting in favor. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 127-13 A Home Rule Request For Special Legislation to Amend the Tax Law, In Relation to Extending the Authorization For Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2015 WHEREAS, New York State Tax Law §1210(i)(12) presently authorizes Cortland County to adopt and amend local laws, ordinances, or resolutions imposing taxes at a rate which is one percent additional to the three percent rate authorized for the county for a period beginning September 1, 1992 and ending November 30, 2013, AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend New York State Tax Law §1210(i)(12), extending the expiration date from November 30, 2013 to November 30, 2015. Announcements Mr. Troy thanked Chairman Park for hosting a meeting recently with the city, towns and villages to discuss the potential impacts of the recent $6 million grant announcement on the current sales tax agreement and distribution. He said he supports an addendum to the contract allowing the County to pay off the lease with Motorola sooner, thus saving the entire County additional funds. 146 ---PAGE BREAK--- Adjournment Mr. Park adjourned the meeting. Cortland County Legislature April 25, 2013 6:00 P.M. Minutes – EXECUTIVE SESSION Executive Session Ms. Arnold made a motion to approve the Settlement Agreement with Mr. Dayton, as proposed by the County Attorney. Second by Mr. Whitney. Chairman Park called for a Roll Call vote. All legislators voting in favor, except Legislators Natoli, Parker, Ross, Troy and Willcox, who were opposed. The motion was approved with a weighted vote of 36,931. Adjournment Mr. Pace made a motion to close the Executive Session and return to the regular meeting. Second by Mr. Fuller. Mr. Park adjourned the Executive Session. Cortland County Legislature May 14, 2013 – Special Meeting 6:00 P.M. Minutes Order of Business Chairman Park opened the meeting at 6:00 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present except Mr. Parker, Ms. Cobb, Mr. Natoli and Mr. Ross, who was excused. Receive & File Ms. Price made a motion to Receive & File the Letter from the City of Cortland regarding the Motorola payments related to the Interoperable Communications System. Second by Mr. Cornell. Ms. Arnold asked how the NYS Grant money was going to be utilized. Mr. Park said that the County 147 ---PAGE BREAK--- can use the money to pay off the lease agreement, and he will be reaching out to the towns and villages to see how best to utilized the money. All members voting in favor, none opposed. The document were received and filed. New Business Mr. Boylan said that as the NYS Legislative Session is coming to a close soon the Legislature must act quickly to have any Home Rule requests initiated by Senator Seward and/or Lifton. This request is to introduce legislation to extend the existing Mortgage Tax Law. On motion of Mr. Park, second by Ms. Briggs, the resolution was introduced. Mr. Boylan said the authority to collect the tax expires December 1, so the County must request the NYS Legislature to extend the tax for another two years, at the same rate. All members voting in favor, except Mr. Willcox, who was opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 128-13 A Home Rule Request For Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization For Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2015 WHEREAS, New York State Tax Law §253-v presently authorizes Cortland County to adopt and amend local laws imposing a mortgage recording tax of twenty five cents for each one hundred dollars ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated in Cortland County and recorded on or after the date upon which such tax takes effect, (beginning September 30, 2007 and ending December 1, 2013), AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend New York State Tax Law §253-v, extending the expiration date from December 1, 2013 to December 1, 2015. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 2 was introduced. Mr. Boylan said this resolution is a result of the recent Occupancy Tax audit conducted by Bonadio & Company. This is setting the public hearing date for the local law. The amendment changes the dates that Occupancy Tax payments must be made to coincide with the NYS Fiscal calendar. All members voting in favor; none opposed. The motion was approved and Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION 128a-13 Set Public Hearing for May 23, 2013 and Endorse Proposed Local Law of 2013 148 ---PAGE BREAK--- A Local Law to Amend Local Law No. 1 of 2009, Imposing a Tax upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g Be it enacted by the County Legislature of the County of Cortland as follows: Section 1 Legislative Intent The Cortland County Legislature hereby finds that the intent of this Local Law is to amend Section 4, subdivision 9 of Local Law No. 1 of 2009, to provide for an adjustment in the quarterly filing dates for Occupancy Tax Returns to coincide with New York State quarterly sales tax filing dates. Section 2 Authority New York State Tax Law, Article 29, Section 1202-g authorizes Cortland County to adopt and amend local laws imposing a tax, in addition to any other tax authorized and imposed pursuant to that article, upon persons occupying hotel or motel rooms in Cortland County. Tax Law Section 1202-g, subdivision permits Cortland County, by local law, to vary the dates for the filing of returns and the payment of the occupancy tax. Section 3 Local Law No. 1 of 2009, Section 4, subdivision 9 is hereby amended to read as follows: 9. Returns: a. Every operator shall file with the Chairman of the Cortland County Legislature a return of occupancy, rents, and of taxes payable thereon for the periods ending February 28th, May 31st, August 31st, and November 30th of each year, on and after July 1st, 2013. During the transition to the new quarterly return periods, the quarterly return period which previously ended on July 31st of 2013 will include an additional month and so end on August 31st, thus resulting in one four month period (to include the months ending May 31st, June 30th, July 31st, and August 31st) in 2013, for that year only. Such returns shall be filed within twenty (20) days from the expiration of the period covered thereby. If the twentieth day falls on a Saturday, Sunday, or legal holiday, the return and tax will be due on the next Cortland County working day. 149 ---PAGE BREAK--- The Chairman may permit or require returns to be made by other periods and upon such dates as he may specify. If the Chairman deems it necessary in order to ensure the payment of the tax imposed by this law, he or she may require returns to be made for shorter periods than those prescribed pursuant to the foregoing provision of this section and upon such dates as he or she may specify. Section 4 Separability 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 5 Effective Date This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. Presentation Mr. Rich Cunningham of Thoma Development discussed a property tax abatement program for downtown buildings to renovate space on the second-floor and above in currently vacant locations. The enactment of the development incentive is done through the adoption of a local law. Mr. Cunningham said the cost of improving the historic buildings to current codes is prohibitive for any local developers, and without care they are continuing to deteriorate, which lowers the property’s assessment and subsequently the taxes paid. The intent of the law would be to create market-rate housing in the downtown area. The incentive would allow owners to improve their buildings with a phased increase in assessment over the next 20 years. Garry VanGorder, Director of the IDA, said that a draft local law will be provided for the Legislature to consider within the next week. Announcements Mr. Park read a letter from Laurie Case in the Count Court, thanking the Public Defender’s office and the County Attorney’s Office for how well the Assigned Counsel program is running. Adjournment Mr. Park adjourned the meeting. 150 ---PAGE BREAK--- Cortland County Legislature May 23, 2013 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing on Proposed Local Law of 2013 - A Local Law to Amend Local Law No. 1 of 2009, Imposing a Tax upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g. There was no one signed up to speak. The Chairman asked if there was anyone who wished to address the Legislature. There being none, Chairman Park closed the public hearing. Order of Business Chairman Park opened the regular meeting at 6:02 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Whitney, who was excused. The Legislature remained standing for a moment of silence in honor of former Probation Director Jane Goldner, who passed away recently. Approval of Minutes Mr. Troy made a motion to approve the minutes of the April 25, 2013 Regular Meeting, Seconded by Mr. Willcox. Ms. Arnold noted a correction. All members voting in favor; none opposed. The minutes were approved, pending a correction. Privilege of the Floor There was no one signed up for Privilege of the Floor. Proclamations & Recognitions The Clerk read a proclamation declaring Older Americans Month in Cortland County. Mr. Spaulding presented the proclamation to Elizabeth Haskins, Director of the Area Agency on Aging. Mr. Murphy introduced Wesley Foley, the County’s new Director of Weights & Measures. New Business On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 1 was introduced. Chairman Park said that this Local Law is amending the filing dates for local businesses to provide occupancy tax filings. This was a recommendation from the Bonadio Group, who recently completed an audit on the County’s Occupancy Tax Collection. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 129-13 Adopt Proposed Local Law of 2013 A Local Law to Amend Local Law No. 1 of 2009, 151 ---PAGE BREAK--- Imposing a Tax upon the Occupancy of Hotel and Motel Rooms in Cortland County, Pursuant to New York State Tax Law, Article 29, Section 1202-g Be it enacted by the County Legislature of the County of Cortland as follows: Section 1 Legislative Intent The Cortland County Legislature hereby finds that the intent of this Local Law is to amend Section 4, subdivision 9 of Local Law No. 1 of 2009, to provide for an adjustment in the quarterly filing dates for Occupancy Tax Returns to coincide with New York State quarterly sales tax filing dates. Section 2 Authority New York State Tax Law, Article 29, Section 1202-g authorizes Cortland County to adopt and amend local laws imposing a tax, in addition to any other tax authorized and imposed pursuant to that article, upon persons occupying hotel or motel rooms in Cortland County. Tax Law Section 1202-g, subdivision permits Cortland County, by local law, to vary the dates for the filing of returns and the payment of the occupancy tax. Section 3 Local Law No. 1 of 2009, Section 4, subdivision 9 is hereby amended to read as follows: 10. Returns: a. Every operator shall file with the Chairman of the Cortland County Legislature a return of occupancy, rents, and of taxes payable thereon for the periods ending February 28th, May 31st, August 31st, and November 30th of each year, on and after July 1st, 2013. During the transition to the new quarterly return periods, the quarterly return period which previously ended on July 31st of 2013 will include an additional month and so end on August 31st, thus resulting in one four month period (to include the months ending May 31st, June 30th, July 31st, and August 31st) in 2013, for that year only. Such returns shall be filed within twenty (20) days from the expiration of the period covered thereby. If the twentieth day falls on a Saturday, Sunday, or legal holiday, the return and tax will be due on the next Cortland County working day. The Chairman may permit or require returns to be made by other periods and upon such dates as he may specify. If the Chairman deems it necessary in order to ensure the payment of the tax imposed by this law, he or she may require returns to be made for shorter periods than those prescribed pursuant to the foregoing provision of this section and upon such dates as he or she may specify. Section 4 Separability 152 ---PAGE BREAK--- 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 5 Effective Date This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. Health & Human Services Committee Update As Ms. Price was excused from the May Health & Human Services Committee meeting, Mr. Cornell gave an update. He said he recently attended a celebration at the Marathon Senior Center to celebrate its 39th year anniversary. Other recent events include a Senior Center open house and the announcement of the Senior Citizen of the Year. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MS. PRICE RESOLUTION NO. 130-13 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2013-2014 for the Workforce Investment Act Title I-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 I-B and Wagner Peyser programs, AND WHEREAS, said Local Plan has been developed and posted for the mandated 30 day 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 June 14, 2013, 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 I-B and Wagner Peyser programs and related documents. 153 ---PAGE BREAK--- On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item no. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 131-13 Authorize Agreement Employment and Training 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 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, 2013 and ending June 30, 2014. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 132-13 Award Contract/Authorize Agreement Health Department/Nursing Division/Diagnostic and Treatment Center- Bonadio Group WHEREAS, the Cortland County Health Department is mandated to prepare annual certified cost reports for Medicaid, for the Ambulatory Health Care Facility (AHCF-1) it operates, AND WHEREAS, the County solicited quotes from three qualified accounting firms for preparing such cost reports for the 2013, 2014 and 2015 contract years, AND 154 ---PAGE BREAK--- WHEREAS, the Health Committee and Budget and Finance Committees have reviewed all received quotes and have selected a contractor who meets all of the County’s requirements, NOW THEREFORE BE IT RESOLVED, that the contract for the Cost Report for the Ambulatory Health Care Facility (AHCF- (Acct A40355.54055, A40115.54055) for the 2013, 2014 and 2015 contract years be awarded to The Bonadio Group, 171 Sully’s Trail, Suite 201, Pittsford, NY 14534, AND BE IT FURTHER RESOLVED, that the Committees have rejected all other quotes that were received, AND BE IT FURTHER RESOLVED, the cost of the services will be $5,000 per year with fee increases for 2014 and 2015 not to exceed 4% annually, 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 enter into an agreement with The Bonadio Group, 171 Sully’s Trail, Suite 201, Pittsford, NY 14534, to provide cost report preparation, review and related reimbursement for the years, 2013, 2014, and 2015. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 133-13 Authorize Amended Agreement Health Department/Administration Public Health Emergency Preparedness Program WHEREAS, Resolution #263-12 gave the Cortland County Health Department permission to enter into an agreement with Health Research, Inc. in the amount of $53,500 to continue the Public Health Emergency Preparedness Program for the period 7/1/12 – 6/30/13 to continue to assist our County in the development of a Public Health emergency response and preparedness plan, AND WHEREAS, it is now desired to amend those provisions of such contract designated as “Contract End Date”, “Total Contract Amount” and to add a “Maximum Reimbursable Amount”, and to attach Exhibit Addition and Exhibit Addition, and to attach Attachment AND WHEREAS, it is mutually agreed by both parties that “Contract End Date”, previously 7/1/12- 6/30/13, will be extended to a 5 year period of 7/1/12-6/30/17, AND WHEREAS, it is mutually agreed by both parties that “Total Contract Amount” be increased from original contract amount of $53,500 to $267,500, for an annual amount of $53,500 for each contract year. $53,500 of these funds are already budgeted for in the 2012/2013 budget in Expenditure Accounts A40105.51005.4010 $43,896 (Personnel), A40105.58020-58065 $9,604 (Fringe) and Revenue Account A401043.43450.4010 $53,500 (Emergency Preparedness Revenue), AND 155 ---PAGE BREAK--- WHEREAS, it is mutually agreed by both parties the “Maximum Reimbursable Amount” will be $80,250, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign this amended agreement with the Health Research, Inc. to accept these funds. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MS. PRICE RESOLUTION NO. 134-13 Abolish/Create Social Services Department Social Welfare Examiner Trainee/Case Aide WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Social Welfare Examiner Trainee and creating one full-time position of Case Aide, AND WHEREAS, the Human Services Committee recommend the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Social Welfare Examiner Trainee (Grade 9, $14.8905- 18.4789/hr., CSEA contract, competitive class) be and hereby is abolished effective May 23, 2013 at midnight, AND BE IT FURTHER RESOLVED, that one full-time position of Case Aide (Grade 7, $14.0225-17.4018/hr., CSEA contract, competitive class) be created effective May 24, 2013 at 12:01 am. Highway Committee Update Mr. Fuller said a variety of Highway Department road and bridge projects are underway. Several projects are out to bid at the airport and should begin soon. On motion of Mr. Fuller, second by Mr. Wheelock, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 135-13 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) Cortland County Airport – Chase Field Highway Department WHEREAS, Cortland County operates an FAA licensed Automated Weather Observing and Reporting System (AWOS) at the Cortland County Airport – Chase Field, AND WHEREAS, Cortland County is required by the FAA to provide for FAA certified inspection and maintenance services on a quarterly basis for said AWOS, AND 156 ---PAGE BREAK--- WHEREAS, quotes were solicited and received by the Highway Department for said services and the results were: Vaisala Inc. Avionics Inc. 194 South Taylor Ave. 102 Gardnertown Rd. Louisville, CO 80027 Newburgh, NY 12550 Quote = $4,400.00 Quote = $3,540.00 , AND WHEREAS, the Highway Committee of the Cortland County Legislature recommends the contract for said services be awarded to Avionics, Inc., 102 Gardnertown Road, Newburgh, NY 12550, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Legislature hereby awards the contract for FAA licensed inspection and maintenance services on a quarterly basis for said AWOS for a one-year term beginning in May 1, 2013 for the amount of $3,540.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney as to form, is hereby authorized to execute the necessary agreement for said contract. On motion of Mr. Fuller, second by Mr. Bushnell, Agenda Item No. 8 was introduced. Highway Superintendent Don Chambers said now that bids have been received for actual costs, rather than budgeted estimates, the projects need to be adjusted accordingly to allow for awarding the bids. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 136-13 Transfer Funds/Various 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 Superintendent the following project funds shall be transferred, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be amended as follows: Decrease Expense: D51125.54077.7017 $330,000.00 Telephone Rd. Ext. Bridge.-Materials D51125.54055.7017 $ 31,000.00 Telephone Rd. Ext. Bridge.-Prof. Serv. D51125.54077.7014 $ 20,000.00 McGraw-Marathon Culvert-Materials D51125.54077.7015 $ 25,000.00 Cheningo-Solon Pond Culvert-Materials D51105.54077.7802 $ 5,000.00 Abrasives-Materials D51105.54083.7301 $ 5,000.00 State Municipal Services D51125.54065.7017 $ 5,000.00 Telephone Rd. Ext. Bridge.-Equip 157 ---PAGE BREAK--- D51125.54065.7010 $ 78,500.00 Willow Crossing Culvert-Equip D51125.54065.7003 $ 40,000.00 Page Green Road Paving-Equip D51125.54065.7015 $ 10,000.00 Cheningo-Solon Pond Culvert-Equip D51125.54065.7014 $ 10,000.00 McGraw-Marathon Culvert-Equip D51105.54065.06 $ 42,000.00 Ditching-Equip D51105.54065.07 $ 58,000.00 Hot Patching-Equip D51105.54065.13 $ 35,000.00 Tree Removal-Equip D51105.54065 $ 50,000.00 Maintenance-Equip D33105.54007 $ 10,500.00 Traffic-Materials Increase Expense: D51125.54077.7010 $287,000.00 Willow Crossing Culvert-Materials D51125.54055.7010 $ 31,000.00 Willow Crossing Culvert-Prof. Serv. D51125.54077.7018 $205,000.00 Truxton-Tully Road-Materials D51125.54065.7018 $232,000.00 Truxton-Tully Road-Equip On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 137-13 Award Highway Construction Contract for Replacement of a Large Culvert on Willow Crossing Road in the Town of Harford C.I.N. 129-0378-21.50 Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the Replacement of a Large Culvert on Willow Crossing Road in the Town of Harford C.I.N. 129-0378-32.50 AND WHEREAS, the bids received are as follows: BIDDERS BID ZMK Construction, Inc. $387,000.00 3430 Rte. 434 Apalachin, NY 13732 Silverline Construction, Inc. $407,606.00 4299 Newton Rd. Burdett, NY 14818 G. DeVincentis & Son Const. Co., Inc. $427,000.00 7 Belden St. Binghamton, NY 13903 Slate Hill Constructors, Inc. $445,915.00 6573 Herman Rd. Warners, NY 13164 158 ---PAGE BREAK--- R. DeVincentis Construction, Inc. $491,000.00 One Brick Avenue Binghamton, NY 13901 Barrett Paving Materials, Inc. $493,854.46 4530 Wetzel Road Liverpool, NY 13090 Bothar Construction, LLC $504,622.00 170 East Service Road Binghamton, NY 13901 Suit Kote Corporation $521,295.40 1911 Lorings Crossing Road Cortland, NY 13045 , 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 Rte. 434, Apalachin, NY 13732 for the total amount bid of $387,000.00, 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., 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 D51125.54077.7010 Materials and Supplies for the Willow Crossing Road Culvert project. On motion of Mr. Fuller, second by Mr. Spaulding, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 138-13 Authorize Rental Contract/Agricultural Corporation 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 2013-2014 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. 159 ---PAGE BREAK--- On motion of Mr. Fuller, second by Mr. Bushnell, Agenda Item No. 11 was introduced. Mr. Kerby Thompson, Director of Cortland Repertory Theatre spoke about what maintenance is done on the pavilion, with money from the renting of the banquet hall. He said a cleaner is hired after every event, as well as maintenance on the cooler and other hardware and appliances. Last year some graffiti was removed. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 139-13 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 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 Chairman 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, 2013 to October 15, 2013 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. Solid Waste Committee Update Mr. Troy said the first delivery of BUD material will soon be received at the landfill – construction and demolition material from Camp Pharsalia. The testing should be done soon. He said a letter will be going out next week to local schools, governments and the hospital to request they utilize the recycling center to increase volume, and therefore increase revenues. On motion of Mr. Troy, second by Ms. Price, Agenda Item No. 12 was introduced. Mr. Troy said because the minimum transaction at the landfill went from $5 to $6 more cash on hand is required to make change for customers. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. TROY RESOLUTION NO. 140-13 Set Amount Of Petty Cash Fund Rescind Resolution 419-03 Highway Department/Solid Waste RESOLVED, that the Petty Cash Account for the Highway Department, Division of Solid Waste, be and hereby set at $500, AND BE IT FURTHER RESOLVED, that Resolution 419-03 and 178-11, setting the petty cash account at $300 be and hereby is rescinded. Ag/Planning/Environment Committee Update 160 ---PAGE BREAK--- Mr. Ross said he is preparing a list of County-owned properties and will review it with Mr. Chambers and present it to the Ag & Planning Committee soon. On motion of Mr. Ross, second by Mr. Spaulding, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. ROSS RESOLUTION NO. 141-13 Cortland County Resolution Supporting/Endorsing the North Country National Scenic Trail and concurrent Finger Lakes Trail in Cortland County WHEREAS the North Country National Scenic Trail links North Dakota to Vermont at Crown Point, N.Y. and by an act of Congress in 1980 the National Park Service was appointed to administer this foot trail through a private volunteer entity known as the North Country Trail Association, Inc. [NCTA], AND WHEREAS the 4600 mile North Country National Scenic Trail passes through New York State for about 680 miles from the State line by way of the Finger Lakes Trail [FLT] for 420 concurrent miles before heading for the Adirondacks, AND WHEREAS Cortland County is host to ~64 miles of the concurrent and FLT from the Town of Hartford on the west and leaving via the FLT Onondaga Trail at Tinker Falls on the north], AND WHEREAS New York State Department of Environmental Conservation [DEC] and Adirondack Park Agency are actively working with volunteers from the North Country Trail Association to complete the route across New York State and are designating the as a single use foot trail on State land, AND WHEREAS about 50 percent of the and concurrent FLT is hosted by generous private landowners who permit the public to use the trail on their land, AND WHEREAS The County of Cortland is fortunate to have this valuable resource, a foot trail of national significance, available to its residents and visitors as a recreational opportunity and lifestyle, NOW THEREFORE BE IT RESOLVED, that Cortland County Legislature formally recognizes and endorses the North Country National Scenic Trail and concurrent Finger Lakes Trail and the commitments from its participating private landowners, dedicated volunteer trail workers and supportive public land authorities, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature herby is directed to appropriately file above resolution. Agenda Item No. 14 - Authorize Agreement between Cortland County Agricultural LDC and Cortland County/Acquiring Conservation Easement on the Cobblestone Valley Farm Cortland County Planning Department - Mr. Ross pulled Agenda Item No. 14 from consideration. On motion of Mr. Ross, second by Mr. Cornell, Agenda Item No. 15 was introduced. Mr. Fuller said the County is in support of clean water, but the proposed Clean Water Act Draft Guidance puts unnecessary, confusing and costly restrictions on highway projects, and therefore this resolution opposes certain aspects of 161 ---PAGE BREAK--- the draft guidance. Chairman Park said he has spoken with Congressman Hanna on this issue, who said he supports the County’s stance. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. ROSS RESOLUTION NO. 142-13 Resolution to Oppose Clean Water Act Draft Guidance Proposed by the Environmental Protection Agency WHEREAS, Cortland County affirms its commitment to environmental stewardship and the protection of our natural resources, and recognizes the need to harmonize municipal and agricultural 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) has developed draft guidance on Identifying Waters Protected by the Clean Water Act (draft guidance) 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, this draft guidance creates uncertainty, confusion and would capture a significant number of agricultural and public works 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 draft guidance greatly expands the number of projects subject to jurisdictional determination or CWA permitting, which do not currently require such oversight, at great expense to the municipalities, and thus to the taxpayers, and to the farmers of Cortland County with little, if any, environmental benefit while diverting scarce resources from other programs that do provide environmental protection and conservation benefits, AND WHEREAS, the financial impact of the draft guidance to Cortland County will be significant, with the increased engineering and construction efforts estimated to increase the County Highway budget by $750,000 to $1,000,000 annually due to the need for jurisdictional determinations by the Corps or CWA permitting, and city, town and village highway departments and budgets would also be commensurately impacted, including the need to have engineering staff, AND WHEREAS, the safety of the public would be impacted because highway departments would not be able to respond to a roadside problems without first obtaining permits, AND WHEREAS, Cortland County believes that it is improper to so significantly change the scope of the Clean Water Act without legislative authorization by the U.S. Congress or through the formal rulemaking process to allow public and stakeholder comments on this critically important and complex issue, NOW THEREFORE BE IT RESOLVED that Cortland County urges the EPA and the Corps to withdraw the draft CWA guidance immediately, work collaboratively with states and local governments to enforce the current scope of the CWA while respecting the authority of state and local governments in ensuring the protection of our water resources, AND BE IT FURTHER 162 ---PAGE BREAK--- 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 shall be transmitted to U.S. Senators Charles Schumer and Kirsten Gillibrand, U.S. House Representative Richard Hanna , Acting EPA Administrator Bob Perciasepe, New York Governor Andrew Cuomo, New York State Senator James Seward, New York Assembly Representatives Barbara Lifton , Gary Finch, and Brian Kolb, and EPA Region 2 Administrator Judith Enck, and any other appropriate interested parties, AND BE IT FURTHER RESOLVED, that Cortland County request that the definition of “Navigable Water Ways” be defined in any Federal or State Regulation or Rule, as bodies of water that provide for the transportation of goods and services by motorized vessels. Judiciary & Public Safety Committee In Mr. Whitney’s absence, JPS Vice-chair Mr. Bushnell said that a recent drug bust on Union Street found a meth-lab which results in several arrests. He said several meetings have been held with the County Coroners and Cortland Regional Medical Center to better understand processes and potentially reduce costs. He said Sheriff’s Sgt. Troy Boice was named Lawman of the Year for his efforts in Operation Southbound. Buildings & Grounds Committee Update Mr. Willcox said work will continue to improve the appearance of Legislative Chambers and he will be looking into and updating the Legislature on the status of the County Office Building parking lot. Budget & Finance Committee Update Mr. Pace said the City’s Common Council approved a tax-abatement program that was presented at the Legislature’s last special meeting, and that it will be a topic of conversation at upcoming Budget & Finance meetings. He invited legislators to meet with him and County Treasurer Cindy Monroe for a demonstration on tax collection software recently acquired from Systems East. He said in recent meetings with TC3 a proposed 3-5% increase in the County’s sponsor share has been discussed, and noted that there have been several years with a zero, or 1% increase. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 143-13 Accept Funds/Mental Health Department Conference of Local Mental Hygiene Directors WHEREAS, the Cortland County Mental Health Department has applied to the Conference of Local Mental Hygiene Directors to establish a local System of Care Learning Collaborative, AND WHEREAS, the Cortland County Mental Health Department proposal has been accepted by the NOW THERFORE BE IT RESOLVED, that the 2013 county budget be amended as follows: 163 ---PAGE BREAK--- Increase: Expenses: A 43105 54870 4221 MENTAL HEALTH ASSOCIATION $5,000.00 Revenues: A431042 41689 4221 $5,000.00 On motion of Mr. Pace, second by Mr. Wheelock, Agenda Item No. 17 was introduced. Mr. Jack Hess, Deputy Director of Information Technology said that Cortland County is the only county of those who have received funds to actually spend it all. He said that a requirement of the grant was that 3% of the allocation must be used for training, governance, creation of standard operating procedures. Mr. Hess said there may still be an opportunity to apply for additional funds in Round III of the Homeland Security grant process, and grant guidelines will be released soon by the state. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 144-13 Accept Grant/Amend Budget Information Technology (Statewide Interoperable Communications Grant Program) WHEREAS, Cortland County has received a grant from the Statewide Interoperable Communications Grant Program provided by the New York State Department of Homeland Security and Emergency Services in the amount of $6,000,000.00 to be used to for the Cortland County Interoperable Emergency Communications System. 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 with the NYS Office of Homeland Security and Emergency Services to accept these additional funds, AND BE IT FURTHER RESOLVED, that the County Budget be and hereby is amended as follows: Increase: Expense: H30204.52015.1682 Interoperable Emergency Communications System - Equipment $5,820,000.00 H30204.54055.1682 Professional services $ 180,000.00 Revenue: H302043.43097.1682 Interoperable Emergency Communications System - New York State Revenue $6,000,000.00 On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 18 was introduced. Mr. Willcox clarified that this resolution is simply reallocating the money to the 2013 budget, but not authorizing or endorsing payment at this time, or until the software program has been thoroughly reviewed. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PACE RESOLUTION NO. 145-13 164 ---PAGE BREAK--- Amend Budget/Re-Appropriate Funds Tax Collection System/Treasurer WHEREAS, there were funds encumbered in 2012 to pay for a new Tax Collection System from Systems East, AND WHEREAS, the 2012 books were closed before final payment had been made, closing the encumbrance, NOW THEREFORE BE IT RESOLVED, that these funds be re-appropriated in 2013 with the following amending entry to the 2013 books: Increase A13255 54004 Software $59,995.00 On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 146-13 Endorsing State Legislation Amending Tax Law, “In relation to extending the authorization for imposition of additional sales tax in the County of Cortland” (A7186, S4918) WHEREAS, the Cortland County Legislature approved Resolution No.126-13, “A Home Rule Request For Special Legislation to Amend the Tax Law, In Relation to Extending the Authorization For Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2015”, AND WHEREAS, New York State Tax Law §1210(i)(12) presently authorizes Cortland County to adopt and amend local laws, ordinances, or resolutions imposing taxes at a rate which is one percent additional to the three percent rate authorized for the county for a period beginning September 1, 1992 and ending November 30, 2013, 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. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. PACE RESOLUTION NO. 147-13 165 ---PAGE BREAK--- 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 located therein. Apportionment is based upon the taxable assessed valuation of the Town and Village. October 1, 2012 - March 31, 2013 Cortlandville Village of McGraw $ 1,334.74 Village of Homer $ 206.73 Town of Cortlandville $ 57,610.99 $ 59,152.46 Homer Village of Homer $ 10,706.80 Town of Homer $ 38,973.89 $ 49,680.69 Marathon Village of Marathon $ 1,488.68 Town of Marathon $ 6,533.43 $ 8,022.11 On motion of Mr. Pace, second by Mr. Willcox, Agenda Item No. 21 was introduced. Ms. Briggs asked if towns and villages had been notified of this resolution prior to the meeting. Mr. Cornell recommended tabling this resolution and acting on it next month. Chairman Park said the County has been caught holding the bill in the past when a town demolished two buildings and re-levied the work on the town/county tax bill. Mr. Pace said this is an unfair practice to the County because the County has no authority to enforce any codes or building standards. Mr. Purser said certain services, like sewer and water, can legally be re-levied on to the town/county tax bills, while others cannot be, such as demolition charges or lawn mowing. That is stated in NYS law. The reason these charges have been paid in the past was that a resolution was approved authorizing the action. This resolution is simply stating the County will be adhering to the law, rather than allowing for exemptions by resolution. Ms. Arnold said in 2009 two properties were demolished by the town, and the cost was added to the respective tax bills. The properties went delinquent and the legislature voted to make the towns whole and foreclose on the properties. Mr. Parker made a motion to “call the question.” Second by Mr. Spaulding. Chairman Park called for a roll call vote on the motion. With Legislators Bushnell, Cobb, Fuller, Natoli, Pace, Parker, Ross, Spaulding, Wheelock, Willcox and Park voting in favor, the motion was approved with a weighted vote of 26,072. Chairman Park called for a roll call vote on the motion to approve the resolution. The motion was approved with a weighted vote of 34,578, with Legislators Arnold, Boyden, 166 ---PAGE BREAK--- Bushnell, Cobb, Fuller, Natoli, Pace, Parker, Ross, Spaulding, Troy, Wheelock, Willcox and Park voting in favor. Ms. Arnold asked that the resolution be sent to all municipalities to inform them of this policy. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 148-13 Resolution Regarding Reimbursement of Re-levied Delinquent Village and Town Taxes Real Property Tax Services WHEREAS, the County of Cortland is obligated by State Law to reimburse Towns the full amount of re-levied delinquent real property taxes returned to the County, AND WHEREAS, the County has by agreement also reimbursed Villages the full amount of re-levied delinquent real property taxes returned to the County, AND WHEREAS, while the Towns and Villages have authority by Local Law and/or ordinance to provide for the placement of various user charges as liens on their tax bills, the County is not obligated by law to collect or reimburse these sums to Towns and Villages upon the submission of re-levied taxes, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby establishes the policy that the County of Cortland will only pay over to the Towns and Villages those amounts on their re-levied tax bills which are taxes. The County will not pay over to Towns and Villages non-tax sums such as user fees and demolition costs or other charges which are included in re-levied tax bills submitted to the County unless such other sums are mandatory statutory additions to taxes. On motion of Mr. Pace, second by Mr. Willcox, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 149-13 Resolution Authorizing A Formal Application To The Foreign-Trade Zones Board For The Establishment Of A Foreign-Trade Zone Project Under the Alternative Site Framework, And Authorizing The Business Development Corporation To Administer The Foreign Trade Zone Project WHEREAS, the Foreign-Trades Zone Act, approved June 18, 1934, provides for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States to expedite and encourage foreign commerce, AND WHEREAS, pursuant to New York State County Law, Section 224, 23-a the New York State Legislature has authorized Cortland County to make application to the Foreign-Trade Zones Board for a granting authority to establish, operate and maintain a foreign trade zone or zones or foreign trade sub- zone or sub-zones within such county, pursuant to the provisions of such Act, AND WHEREAS, establishment of a foreign-trade zone project would prove of long range benefit to Cortland County’s economy, AND 167 ---PAGE BREAK--- WHEREAS, Cortland County wishes to organize its zone under the new Alternative Site Framework developed by the Foreign-Trade Zones Board to encompass the entirety of Cortland County as its service area, AND WHEREAS, Cortland County wishes to establish magnet sites at the Cortland Commerce Building on Route 13, Cortlandville, AND WHEREAS, pursuant to New York State County Law, Section 224, 23-a the New York State Legislature has authorized Cortland County to enter into such contracts and appropriate such sums of money and take such further actions as it may deem appropriate, towards the promotion, establishment and maintenance of such zone or zones, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby directed to submit on behalf of the County of Cortland, a formal application to the Foreign-Trade Zones Board of the United States Department of Commerce requesting the establishment of a foreign-trade zone under the Alternative Site Framework for a service area encompassing all of Cortland County, AND BE IT FURTHER RESOLVED, that the application will request the initial magnet site at the Cortland Commerce Building in Cortlandville, New York, AND BE IT FURTHER RESOLVED, that, if the Cortland County foreign-trade zone is approved, that the Business Development Corporation, a private, publicly funded not-for-profit local development corporation will act as administrator of the Cortland County foreign-trade zone on behalf of the County with the following authorities/responsibilities: act as the administrator of the Cortland County foreign-trade zone project; develop and submit the zone schedule to the Foreign-Trade Zones Board; develop the operator’s agreement to be used for independent operators; initiate the operator’s agreement with an independent operator, as necessary; act as the operator of the Cortland County foreign-trade project until such time as an independent operator is identified, if necessary; prepare and submit the grantee letter of concurrence to Customs and Border Protection for an independent operator; prepare and submit the annual report required for the Foreign- Trade Zones Board; prepare or have prepared usage driven site, boundary modification, subzone and expansion applications as needed; and market the Cortland County FTZ Project. Announcements The Clerk announced that a Special Meeting of the Legislature will be held June 6 at 4 p.m. Adjournment Mr. Park adjourned the meeting. Cortland County Legislature June 6, 2013 Special Meeting - 4:00 P.M. Minutes 168 ---PAGE BREAK--- Order of Business Chairman Park opened the meeting at approximately 4:00 p.m., followed by the Salute to the Flag. He asked legislators to remain standing for a moment of silence for the lives lost in Truxton in a recent car accident. The Clerk of the Legislature took roll call. All members were present, except Legislators Ross, Pace, Cobb, Cornell and Troy, who were excused. New Business Agenda Item No. 1 - Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions.” (A7513, S5047) On motion of Mr. Park, second by Mr. Fuller, Agenda Item No. 1 was introduced. Mr. Willcox said that this mortgage tax can be added to a homeowners mortgage, and then accrues interest over 20 or 30 years, and therefore he will vote against it. Legislators Arnold, Bushnell, Fuller, Hartnett, Price, Spaulding, Wheelock, Whitney and Park voting in favor. Legislators Boyden, Briggs, Natoli, Parker and Willcox voting against. As a two-thirds majority is required for a home rule request, the motion failed with a weighted vote of 23,818. The clerk said this will result in a lost revenue in 2014 of several hundred thousand dollars. Rules of Order workshop Mr. Park said nothing will be voted on regarding the Rules of Order, that this meeting was called only to allow the legislature to openly discuss options regarding the department head appointment process. He distributed three options regarding the appointment process outlining the current practice, which has conflicts between the Rules of Order and Local Law 7 of 2002; proposed changes from Ms. Arnold; and proposed changes by Chairman Park. Chairman Park said that in all proposals the Legislature will have final appointment authority, including those non-term appointments which Mr. Purser has said the law is silent regarding. The Legislature agreed that all are in favor of having final appointment authority for all department heads, and asked that such measures as necessary be made to the Rules of Order to reflect this, and that those changes go through the Personnel Committee. Chairman Park said that recent practice, in accordance with the Rules of Order, has been that the respective standing committee chair appoint two members to interview candidates with the County Administrator and the Personnel Officer. The recommendation then came from the County Administrator, and was brought back to the committee for review in executive session. He said in the case of the Weights & Measures director, a better job could have been done announcing when the interviews were being held and the subsequent review at the JPS Committee, but that anyone who was not aware should also be held responsible, as it is the job of the legislators to get themselves informed. His proposal is for all department heads, including the five biannual appointments, be made in this manner. This would eliminate the Citizens Advisory Committee, and thus the conflict with Local Law 7 of 2002. Ms. Arnold said that Mr. Purser has issued two memos regarding the proposed changes, and she distributed a portion of each. She said that a two person committee, with the administrator and personnel officer, is considered a committee that would not fall into those Mr. Purser have said are allowed by law, and suggested that the standing committee conduct the interviews. The Clerk read a statement from Mr. Troy, who was unable to attend. Mr. Hartnett suggested the Clerk, Auditor and Attorney should be recommended only by legislators, while the others should come from a committee process, including the administrator, with the ultimate recommendation coming from the Administrator. 169 ---PAGE BREAK--- Mr. Murphy said that the 2002 Legislature adopted a law, creating the administrator, which said the law did not diminish the power or authority of the legislature, and at the same time gave the authority to recommend candidates to the administrator. Therefore that legislature believed the recommendation to appoint did not divest the legislature of their duty or authority. Adjournment Chairman Park said he will have further discussions with Ms. Arnold, Ms. Briggs and Ms. Price and try and take the comments into consideration and bring back another proposal to the legislature regarding the recommendation process. He said he hopes the actual appointment authority will be adopted by the Personnel Committee and the Legislature later this month. He then adjourned the meeting. To: Cortland County Legislature From: John Troy, Legislator Re: Rules of Order Revisions Date: June 6, 2013 I apologize for not being here this evening. I am out of town at an event planned two months ago. I would like to address the proposed revisions to the Rules of Order on the appointment process. I am not in favor of these revisions. I feel that they are not well thought out, too cumbersome, in part illegal, insert politics into the process, and will not result in the best candidate appointed. These revisions are aimed at diminishing the role of the County Administrator in the selection process while giving the Legislature the major role in this process. The Legislature should set the policy for the county while the County Administrator carries out this policy and runs the day-to-day county operations. The County Administrator supervises the department heads and works with them on a daily basis. He/she should have the major input into who is recommended for these positions. The Legislator still holds all the power in that it approves any recommendations. The proposed revisions for the five positions appointed at the biannual organizational meeting will not work. Besides being illegal (see Mr. Purser’s memorandum of February 13, 2013), they require a majority of the six Legislators. There is a good chance of each party having a strong candidate and a 3 - 3 vote resulting. This would cause no candidate to be recommended and a real mess until the candidate with the most political connections is eventually recommended. It will insure that these positions go back to becoming patronage positions. The County Administrator should make these recommendations, advised by the Personnel Director and two Legislators from each party (Mr. Purser can help make the wording legal). The Legislator still has to approve these recommendations. The County Administrator would need to go to the second choice or re- interview if the candidate is not voted in. The proposed revisions for appointments of department heads are much too cumbersome and not needed. The process that we currently have in place works well and does not need to change. Involving an entire Standing Committee in the selection process is a waste of time that can be better used elsewhere. We need to rely on the County Administrator’s judgment as to the best department head candidate. Again, the Legislature must approve this candidate. Let’s keep politics out of this selection process. These proposed revisions will not result in obtaining the best candidate, only the most politically popular. Allow the County Administrator freedom to do his/her job and focus on the larger problems that face this county. 170 ---PAGE BREAK--- Cortland County Legislature June 11, 2013 Special Meeting - 5:00 P.M. Minutes Order of Business Chairman Park opened the meeting at approximately 5:00 p.m., followed by the Salute to the Flag. All members were present, except Legislators Ross, Cobb, Willcox and Whitney, who were excused. New Business Agenda Item No. 1 - Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions.” (A7513, S5047) The Clerk explained that this resolution is the second resolution in the Home Rule Request process. The Legislature had requested this legislation be introduced by Senator Seward and Lifton, and this resolution is endorsing that legislation. He said that this resolution needs a two-thirds vote to be approved, and failed at the June 6 meeting. As Mr. Pace was not present at the meeting, he made a motion to reconsider the resolution. Seconded by Mr. Troy. All members voting in favor of reconsidering the resolution. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 1 was introduced. Ms. Briggs said this resolution did not go through the committee process as it should have. Mr. Park said legislators may have been confused at the last meeting because Mr. Willcox had indicated that this tax is paid for thirty years. Mr. Park explained that this tax may be rolled into a mortgage, and therefore would accrue interest, but does not need to be. Mr. Fuller noted that Mr. Willcox was the only legislator to vote against asking the NYS Legislature to introduce this legislation only a few weeks ago. Ms. Price thanked the County Clerk for additional information about the revenue collected by this tax. Chairman Park said if this resolution is approved the Clerk will hand deliver it to Albany in the morning to allow enough time for the NYS Legislature to act on it before session is concluded. Mr. Murphy said that if this is not approved the 2014 budget will need to offset an approximate $270,000 revenue stream. Chairman Park called for the vote. All members present voting in favor; none opposed. The resolution was approved. Agenda Item No. 1 became: ON MOTION OF MR. PACE RESOLUTION NO. 150-13 Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions.” (A7513, S5047) WHEREAS, the Cortland County Legislature approved Resolution No. 128-13, “A Home Rule Request For Special Legislation to Amend the Tax Law, in Relation to Extending the Authorization For Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2015”, AND WHEREAS, New York State Tax Law §253-v presently authorizes Cortland County to adopt and amend local laws imposing a mortgage recording tax of twenty five cents for each one hundred dollars 171 ---PAGE BREAK--- ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated in Cortland County and recorded on or after the date upon which such tax takes effect, (beginning September 30, 2007 and ending December 1, 2013), AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that this Legislature endorses and requests State approval of said legislation, and urges its elected representatives in the Senate and Assembly to support this legislation, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. Announcement Chairman Park said the first of three public hearings on the Draft Environmental Impact Statement for the proposed Crown City Wind Farm project will be held at 7 p.m. in Solon, directly following this meeting. Two other hearings will be held – at 2 p.m. June 12 in the County Office Building; and at 7 p.m. June 12 at Hartnett Elementary School. He encouraged legislators to attend at least one of the hearings. Adjournment Chairman Park adjourned the meeting. 172 ---PAGE BREAK--- Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, June 27, 2013 12:00 AM Board Room Public Hearing Public Hearing - TC3 Budget Chairman Park opened the public hearing, and asked if there was anyone who wished to speak on the proposed 2013-14 TC3 Budget. As there were none, he closed the public hearing. Salute to the Flag Roll Call PRESENT: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price ABSENT: Approval of Minutes Minutes of May 23, June 6, and June 11, 2013 Mr. Troy made a motion to approve the Minutes of May 23, 2013; June 6, 2013 and June 11 2013. Second by Mr. Cornell. All members voting in favor; none opposed. The minutes were approved. Proclamations & Recognitions Recognizing Virgil Water District The Clerk read the proclamation, recognizing the Virgil Water District. Ms. Price presented the recognition to John Kaminsky, Virgil Town Supervisor. Presentation of Petitions, Communications, and Notice Receive and File Deferred Compensation Audit, 2011, 2012 Ms. Price made a motion to Receive & File the 2011, 2012 Deferred Compensation Audit by Dermody Burke & Brown; the 2012 Public Health Department's Annual Report; and the 2013 State of the County Address. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Chairman Park then read the State of the County Address. 2012 Public Health Annual Report 2013 State of the County Address New Business AGENDA ITEM NO. 1 – Adopt 2013-2014 Operating Budget Tompkins Cortland Community College 173 ---PAGE BREAK--- Originally Agenda Item No. 21 - TC3 President Carl Haynes spoke about the proposed Budget. ON MOTION OF PACE RESOLUTION NO. 151-13 Adopt 2013-2014 Operating Budget Tompkins Cortland Community College 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, 2013 through August 31, 2014, AND WHEREAS, a public hearing on said budget has been held on June 27, 2013, 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 $38,307,435 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 2014 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 $1,637,736 as Cortland County’s share of the total Sponsoring Community Contribution of $4,426,388, approximately three percent more than the 2012-2013 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 – Approval of the Appropriation of Surplus Funds Tompkins Cortland Community College Originally Agenda Item No. 22: President Haynes said the Legislature approved the use of $150,000 of surplus funds for the 2012 budget, but that none of it was actually used. ON MOTION OF PACE RESOLUTION NO. 152-13 Approval of the Appropriation of Surplus Funds Tompkins Cortland Community College WHEREAS, the operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2012 through August 31, 2013 was adopted via resolution 185-12, AND WHEREAS, final enrollment for 2011-2012 and projected enrollment for 2012-2013 are both RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 174 ---PAGE BREAK--- less than budgeted causing state aid and tuition revenues to be lower than planned, AND WHEREAS, the College has available surplus totaling $1,496,821 as of August 31, 2012, AND WHEREAS, it has been estimated that the College will need $250,000 in surplus funds to replace lost revenue, NOW THEREFOR BE IT RESOLVED, that surplus funds in the amount of $250,000 be appropriated to replace lost revenue, AND BE IT FURTHER RESOLVED, that certified copies of this Resolution be sent to the Tompkins County Legislature and the Board of Trustees of Tompkins Cortland Community College, for their approval. AGENDA ITEM NO. 3 – Re-Appoint Members – Cortland County Planning Board Chairman Park said these two people have agreed to serve and come at the recommendation of Dan Dineen. ON MOTION OF PARK RESOLUTION NO. 153-13 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, the terms of Chuck Feiszli and Richard Martin on the Cortland County Planning Board will expire June 30, 2013, AND WHEREAS, Chuck Feiszli has expressed an interest in continuing his service to Cortland County and the Planning Board, NOW THEREFORE BE IT RESOLVED, that Chuck Feiszli (2 Colony Drive, Cortland), and Amy Bertini (6174 Little York Road, Preble) are hereby re-appointed to the Cortland County Planning Board for a four year term, effective July 1, 2013 through June 30, 2017. Health & Human Services Update Ms. Price said the Health & Human Services Committee will hear from Family Counseling Services Director Lisa Hoeshele at the next meeting, regarding its recent merger with Cortland Prevention. AGENDA ITEM NO. 4 – Appoint Member - Cayuga/Cortland Workforce Investment Board Employment & Training RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Michael Park, Chair, Legislative District 11 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 175 ---PAGE BREAK--- ON MOTION OF PARK RESOLUTION NO. 154-13 Appoint Member - Cayuga/Cortland Workforce Investment Board Employment & Training 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 persons be and hereby are appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below: Cortland Appointments Name Address Chris Calabro Cortland, NY Sector Private Sector Term 7/1/13-6/30/16 Regional Appointment Name Address Sector Ann Kubarek Auburn, NY WIA Title I Adult, Term 7/1/13 - 6/30/16 D/W, TAA * AGENDA ITEM NO. 5 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies ON MOTION OF PRICE RESOLUTION NO. 155-13 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on May 23, 2013 for July 1, 2013 through December 31, 2013 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 RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Michael Park, Chair, Legislative District 11 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 176 ---PAGE BREAK--- WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest bidder, AND WHEREAS, the following bids were received: Eastern Maintenance & Supply, 107 Norris Dr, Suite G, Rochester, NY 14610 Hummels Office Supply, 25 Canal St., Mohawk, NY 13407 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 Peters Supply, PO Box 1276, Elmira, NY 14902 Quandt’s, PO Box 700, Amsterdam, NY 12010 Reinhart, 100 Industrial Park Rd., Coal Township, PA 17866 Sanico, Inc., PO Box 2037, Binghamton, NY 13902 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for July 1, 2013 through December 31, 2013. AGENDA ITEM NO. 6 – Authorize Agreements - Various Agencies/Area Agency on Aging ON MOTION OF PRICE RESOLUTION NO. 156-13 Authorize Agreements - Various Agencies/Area Agency on Aging WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with Fidelis Care for the provision of home delivered meals to Fidelis clients, AND WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with Robert M. Levine, MSW to provide services as the facilitator for the Caregivers Support Group at the rate of $50/hour, for a total not to exceed $1,250.00, 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 agreements. AGENDA ITEM NO. 7 – Accept Bids/Authorize Purchase - Miscellaneous Groceries and Frozen Foods Area Agency on Aging RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 177 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 157-13 Accept Bids/Authorize Purchase - Miscellaneous Groceries and Frozen Foods Area Agency on Aging WHEREAS, bids were received on May 23, 2013 for the period July 1, 2013 through September 30, 2013 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 bidder, AND WHEREAS, the following bids were received: Ginsberg’s, PO Box 17, Route 66, Hudson, NY 12534 Maines Paper & Food Serv, Inc, 101 Broome Corp Pkwy, PO Box 450, Conklin, NY Quandt’s, PO Box 700, Amsterdam, NY 12010 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 Sysco Food Service, PO Box 80, Route 173 North, Warners, NY 13164 , 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 the above departments are authorized and directed to purchase said items from the low bidders for the period July 1, 2013 through September 30, 2013. AGENDA ITEM NO. 8 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products Mr. Willcox noted that the two bidders were only $100 apart, and asked Mr. Purser to look into the possibility of awarding bids with a preference for local vendors. ON MOTION OF PRICE RESOLUTION NO. 158-13 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 178 ---PAGE BREAK--- WHEREAS, bids were received on May 23, 2013 for July 1, 2013 through June 30, 2014 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 bidder, AND WHEREAS, the following bids were received: John R. Sears, DBA Bill Bros. Dairy, 219 Port Watson St., Cortland, NY 13045 ($35,403.40) Upstate Milk Cooperative, 25 Anderson Rd., Buffalo, NY 14225 ($35,301.28) , 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 low bidder for July 1, 2013 through June 30, 2014. AGENDA ITEM NO. 9 – Budget Modification to Meet NYS Criminal Procedure Law Responsibilities ON MOTION OF PRICE RESOLUTION NO. 159-13 Budget Modification to Meet NYS Criminal Procedure Law Responsibilities WHEREAS, New York State (NYS) Criminal Procedure Law (CPL) governs all criminal proceedings and actions in courts, and includes CPL 730 "Mental Disease or Defect Excluding Fitness to Proceed", AND WHEREAS, CPL 730 requires the county Local Government Unit (LGU) to provide for "Competency, Capacity and/or Fitness to Proceed Exams" when those with mental illness are involved in the criminal courts, to determine whether a criminal defendant, as a result of mental illness or "defect" lacks the capacity to understand the proceedings against them and/or assist in their own defense, AND WHEREAS, CPL 730 requires that when an individual is found to be not competent to proceed on a felony charge, the court will issue a temporary order of observation (via CPL 730.40) and the person will be brought to a New York State Forensic Hospital Unit to be restored to competency, AND WHEREAS, CPL 730 stipulates that the county is charged for 50% of the per diem costs for individuals hospitalized pursuant to CPL 730, AND WHEREAS, Cortland County had a criminal defendant who was sent to Mid-Hudson RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 179 ---PAGE BREAK--- Center for 62 days (via CPL 730.40) at a total cost to county of: $23,445.92, AND WHEREAS, The Mental Health Department currently only has $2,000.00 budgeted remaining for this purpose, NOW THEREFORE BE IT RESOLVED, that the 2013 county budget be amended as follows: Decrease: Expenses: A 43105 51005 4200 Personal Services $21,500.00 Increase: Expenses: A 43105 54500 4200 MH Fees (Medicaid) $21,500.00 AGENDA ITEM NO. 10 – Authorize Data Exchange Application & Agreement Onondaga Case Management Services, Inc. ON MOTION OF PRICE RESOLUTION NO. 160-13 Authorize Data Exchange Application & Agreement Onondaga Case Management Services, Inc. WHEREAS, New York State is promoting the development and utilization of "Health Homes" as a Care Management Model to integrate primary and behavioral health needs for at-risk adults in Cortland County, AND WHEREAS, Onondaga Case Management Services, Inc., as a member of Health Homes of Upstate New York (HHUNY) has been designated by the New York State Department of Health as the lead Health Home in Cortland County, AND WHEREAS, The Cortland County LGU has a statutory role as described in Mental Hygiene Law §41.05 and §41.07 to plan for and monitor the provision of Mental Health services in Cortland County, AND WHEREAS, Coordination with Onondaga Case Management Services, Inc. Will require the sharing of Protected Health Information in accordance with the provisions of the Health Insurance Portability and Accountability Act (HIPPA), NOW THEREFORE BE IT RESOLVED, that the Cortland County Director of Community Services, upon review and approval by the County Attorney, and subject to the approval of the Legislature, is hereby authorized to sign a Data Exchange Application and Agreement. There are no fees or charges to participating organizations. AGENDA ITEM NO. 11 – Budget Modification Create Revenue and Expense Accounts for Medications RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 180 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 161-13 Budget Modification Create Revenue and Expense Accounts for Medications WHEREAS, According to Medicaid Part 599 regulations all article 31 clinics serving adults such as the Cortland County Mental Health Clinic, operated by the duly appointed Community Services Board, are required to provide access to injectable medications such as the Invega Sustenna to its clients, AND WHEREAS, The Medicaid Part 599 regulations available on the OMH website state that “the clinic will receive payment for the drug cost plus an additional $13.23 for the injection.” Therefore, injections of Invega Sustenna and Risperdol Consta performed by the Cortland County Community services board are entirely reimbursed by Medicaid, AND WHEREAS, it is the recommendation of the Deputy County Treasurer that the Cortland County Mental Health Clinic set up a revenue account for the revenue received from Invega Sustenna injections through Medicaid, AND WHEREAS, the County Received and spent in 2012 was approximately $50,000, NOW THEREFORE BE IT RESOLVED, that the 2013 county budget be amended as follows: Increase: Expenses: A 43105 54006 4200 Medical Supplies $50,000.00 Revenues: A431042 41620 4200 MH Fees (Medicaid) $50,000.00 AGENDA ITEM NO. 12 – Abolish/Create Principal Account Clerk/Senior Account Clerk Department of Social Services ON MOTION OF PRICE RESOLUTION NO. 162-13 Abolish/Create Principal Account Clerk/Senior Account Clerk Department of Social Services WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Principal Account Clerk and creating one full-time position of Senior Account Clerk, AND WHEREAS, the Human Services Committee recommend the abolition and creation of these RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 181 ---PAGE BREAK--- positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Principal Account Clerk (Grade 13, $16.9081- 20.9827/hr., CSEA contract, competitive class) be and hereby is abolished effective September 17, 2013 at midnight, AND BE IT FURTHER RESOLVED, that one full-time position of Senior Account Clerk (Grade 9, $14.8905- 18.4789/hr., CSEA contract, competitive class) be created effective September 18, 2013 at 12:01 am. AGENDA ITEM NO. 13 – Amend Budget - YWCA Aid to Victims of Violence Department of Social Services ON MOTION OF PRICE RESOLUTION NO. 163-13 Amend Budget - YWCA Aid to Victims of Violence 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, 2013 through June 30, 2014 with the YWCA in an amount not to exceed $12,000.00, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4693 Admin-Non-Res DV $6,000.00 Revenue: A601044.44689.4693 Fed-Administration $6,000.00 Highway Committee Update Mr. Fuller said that many highway projects are currently under construction. AGENDA ITEM NO. 14 – Award Bid for Supply of Bridge Rail, Transition Rail and Guide Rail Materials Highway Department RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 182 ---PAGE BREAK--- ON MOTION OF FULLER RESOLUTION NO. 164-13 Award Bid for Supply of Bridge Rail, Transition Rail and Guide Rail Materials Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the Supply of Bridge Rail, Transition Rail and Guide Rail Materials, AND WHEREAS, the bids received are as follows: BIDDERS BID Di Highway Sign & Structure Corp. $21,100.00 P.O. Box 123 New York Mills, NY 13417 Elderlee Inc. $25,130.00 729 Cross Rd. Oaks Corners, NY 14518 Chemung Supply Corp. $25,140.00 PO Box 527 Elmira, NY 14902 , 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: Di Highway Sign & Structure Corp., PO Box 123, New York Mills, NY 13417 for the total amount bid of $21,100.00, 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 D51125.54077.7015 Materials and Supplies for the Cheningo Solon Pond Rd. project and Account # D51125.54077.7014 Materials and Supplies for the McGraw Marathon Rd. project. Solid Waste Committee Update Mr. Troy said he has sent a letter to all municipalities, school districts and the hospital encouraging them to use the Recycling Center. He has had no response to date. He said the CEO of Cortland Regional Medical Center will be addressing the legislature next month. He said Beneficial Use Determination (BUD) Material is now being received at the landfill. He said the tires have accumulated over the years when there was no cost charged during amnesty week. There has been a fee charged the last two years, but the charge does not cover the full cost of tire removal. Mr. Park asked that the Solid Waste Committee review the tire disposal fee that is charged at the landfill. AGENDA ITEM NO. 15 – Award Scrap Tire Removal & Recycling Agreement Highway/Solid Waste Division 183 ---PAGE BREAK--- Mr. Willcox said the $17,000 allocated for tire removal in the 2013 budget is inadequate to address the volume of tires at the landfill. Highway Superintendent Don Chambers said in addition to the $17,000 for removal, he plans on bringing in a tire chipper as part of the capital project that will be capping the landfill next year. The cost of bringing a chipper is quite expensive, and so it will be included in the capital project budget, and the chips can be used on site. ON MOTION OF TROY RESOLUTION NO. 165-13 Award Scrap Tire Removal & Recycling Agreement Highway/Solid Waste Division WHEREAS, the Highway Superintendent advertised for and received bids for Scrap Tire Removal & Recycling, AND WHEREAS, the Highway Superintendent has received the following bids for Scrap Tire Removal & Recycling and they are as follows: Scrap Tire Removal & Recycling BIDDERS BID Contento Auto Sales, Inc. $92.00 Per Ton (1100-24.5R and smaller) PO Box 588 $165.00 Per Ton (Larger than 1100-24.5R) Cortland, NY 13045 $795.00 Per Load(1100-24.5R and smaller) Transp. Chg. $900.00 Per Load(Larger than 1100-24.5R) Transp. Chg. Casella Waste Management of NY, Inc. No Bid on any Items 798 Cascadilla St. Suite 100 Ithaca, NY 14850 , NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL81605.54620 Tire Disposal, 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 a two year agreement with Contento Auto Sales, Inc. PO Box 588, Cortland, NY 13045, with a maximum amount not to exceed the amount appropriated in each calendar year of the contract. AGENDA ITEM NO. 16 – Establish Landfill Capping Project Approve Professional Services Amend 2013 Budget/Transfer Funds RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] John R Troy, Legislative District 1 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 184 ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 166-13 Establish Landfill Capping Project Approve Professional Services Amend 2013 Budget/Transfer Funds WHEREAS, the Solid Waste Committee recommends the advancement of the Landfill Capping Project, AND WHEREAS, there is a need to establish an account and transfer funds into said project account to cover the Professional and Legal Services required for said project , AND WHEREAS, the funds are to be appropriated from the landfill capping reserve fund, 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 397-12 to provide Professional Services for said project, AND WHERAS, the Solid Waste Committee desires to appoint Patrick Snyder, Esq., 70 Port Watson St., Cortland, NY 13045 to provide legal review and assistance for SEQR related services for landfill permits and operations, 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, for professional services related to said project at an estimated cost not to exceed $58,300.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute all documents related to the advancement of landfill projects, AND BE IT FURTHER 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, Patrick Snyder, Esq., 70 Port Watson St., Cortland, NY 13045 for professional/legal services related to said project, AND BE IT FURTHER RESOLVED, that the 2013 Adopted Budget is hereby amended as follows: Increase Expense: H81605.52265.8168 Landfill Capping Project $75,000.00 , AND BE IT FURTHER 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 Legal Services. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] John R Troy, Legislative District 1 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 185 ---PAGE BREAK--- Agriculture/Planning/Environment Committee Update Mr. Ross said the Planning Department is working with the town of Preble is working on a moratorium on gas drilling. A new bus stop in McGraw for Cortland Transit has been installed. Southern Tier East Regional Planning and Development Board was in town recently to begin mapping brownfield sites in the City of Cortland. AGENDA ITEM NO. 17 – Amend Resolution 355-05 (Cortland County Farmland Protection Purchase of Development Rights Program – Monitoring Plan) Planning Department ON MOTION OF ROSS RESOLUTION NO. 167-13 Amend Resolution 355-05 (Cortland County Farmland Protection Purchase of Development Rights Program – Monitoring Plan) Planning Department WHEREAS, Resolution 267-05 established the Monitoring Plan for the Cortland County Farmland Protection Purchase of Development Rights Program, AND WHEREAS, as a result of conservation easements being granted to Cortland County on three farms, there was a need to adopt a monitoring plan and establish a monitoring team to assure that restrictions outlined in the conservation easements are met, AND WHEREAS, Resolution No. 355-05 amended Resolution No. 267-05 as the Monitoring Plan adopted was a draft plan and did not contain recommended changes including the creation of a monitoring team consisting of the Director of Planning, the Chairman of the Agricultural and Farmland Protection Board and the Code Enforcement Officer of the appropriate municipality, AND WHEREAS, the monitoring team performs annual inspections of the conservation easements and reports its findings to the Cortland County Legislature, AND WHEREAS, the Code Enforcement Officer of the appropriate municipality has not participated in the annual inspections for several years, AND WHEREAS, the Cortland County Soil and Water Conservation District has experience with agricultural conservation strategies and techniques, NOW THEREFORE BE IT RESOLVED, that Resolution No. 355-05 is amended by replacing the previously attached plan with the following attached Cortland County Farmland Protection Purchase of Development Rights Program Monitoring Plan, which replaces the Code Enforcement Officer of the appropriate municipality with the District Manager of the Cortland County Soil and Water Conservation District on the Site Monitoring Team. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Danny C. Ross, Legislative District 12 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 186 ---PAGE BREAK--- Cortland County Farmland Protection Purchase of Development Rights Program Monitoring Plan Monitoring Agency: Cortland County 60 Central Avenue, Cortland, NY 13045 Monitoring Plan for: The Monitoring Process: To be eligible for the Farmland Protection Implementation Grants Program, the land must be used in bona fide agricultural production, as defined by NYS Agriculture and Markets Law. Development restrictions are outlined in the contents of the Conservation Easement, agreed upon and signed by both the property owner and the holder of the Easement, the County of Cortland. Prior to purchase of the development rights, property is to be inspected to ensure that the property meets the requirements of the program, and give the County of Cortland access to the premises for inspection to determine site conditions. After purchase, the property will be inspected on an annual basis. In addition, the property may be inspected upon receipt of a complaint alleging noncompliance. The inspector will look for any changes in the land, use of land and any new structures, as compared against those allowed under the terms of the Conservation Easement. If any violations are found to exist, the County of Cortland will take appropriate enforcement action pursuant to the remedial provisions set forth in the Conservation Easement. The Monitoring Plan: An in-person site visit will be made by the Site Monitoring Team assigned to the property. The team will be composed of members of the County of Cortland Monitoring Team, and shall include at least one person experienced with conservation easements. The minimum frequency for monitoring visits will be annually. The Cortland County Legislature shall appoint the members of the Monitoring Team. The Monitoring Team will be composed of the following: Cortland County Director of Planning, Chairman of the County Agricultural and Farmland Protection Board, and the District Manager of the Cortland County Soil and Water Conservation District. Generally, no more than three persons shall visit a site at any one time. Team members are encouraged to stay committed to a particular Team for a period of at least four years to provide good continuity to the monitoring effort. The Cortland County Planning Department will oversee the work of the Monitoring Team, and the Monitoring Team will report annually to the Cortland County Legislature. Monitoring Materials: The Monitoring Team will utilize the Baseline Report to assess changes to the property. This includes documents and photographs such as: § Maps of the property, showing major features and building structures, photo station locations § Color photographs, usually views looking N,E,S and W § Yearly Conservation Easement Monitoring Checklist § Conservation Easement Summary § Monitoring Inspection Record Summary § Conservation Easement Site Monitoring Inspection Report § Conservation Easement Monitoring Inspection Report The Monitoring Team will devise the above materials or such other materials as necessary in order to report appropriately. 187 ---PAGE BREAK--- Monitoring Procedures: The Monitoring Team will call the landowner (Grantor) to schedule the site-monitoring visit. In advance of the visit, the Team will review the Conservation Easement, which includes specific restrictions, special conditions, and rights reserved by the Grantor. A copy should be taken on the monitoring visit to use as a quick reference in case questions arise about specific changes or practices observed. A Site Monitoring Record Summary will be updated yearly to provide a brief continuous record of the state of the property. In particular, it will record changes, concerns, and/or violations or encroachment events. Review of this document annually will also assist the Monitoring Team in terms of making its assessment, as well as provide a monitoring history of the property. If there have been any violations and/or encroachments in the recent past, the Conservation Easement Violation Log and the Conservation Easement Violation Report will be consulted for more detailed information, including how the matter was resolved and what conditions, if any, resulted from the event. For additional information on more benign changes, the past Conservation Easement Monitoring Inspection Reports for the property can be consulted. The property will be walked by the Monitoring Team with special emphasis on stopping at previous photo stations on the property. Changes or new structures will be documented by color photographs. At longer time intervals, (e.g. once every 10 years) a complete new set of photographs should be taken as was done for the original Baseline Document Report. A Conservation Easement Site Monitoring Inspection Form should be completed during the visit. This Form will include a description of conditions, if changed, from the last visit. In particular, it will also document and report violations, if any, of the Conservation Easement conditions. Those violations will be reported to both the landowner and the Cortland County Legislature. The Monitoring Team will write an annual Conservation Easement Monitoring Inspection Report, using information gathered during the site visit. Since the Report is a form, this should be a relatively easy task. The completed Conservation Easement Monitoring/Inspection Report will then be submitted to the County of Cortland and the United States Department of Agriculture - Natural Resources Conservation Service and will also be made available for public inspection. Any problems or concerns will be discussed with the landowner (Grantor). After the site visit and after the Conservation Easement Monitoring Inspection Report has been completed, the Monitoring Inspection Record Summary should be updated, adding the information for the inspection just completed. Procedures for Correcting Noncompliance with terms of a Conservation Easement: In the event of a violation of, or noncompliance with, the terms of the Conservation Easement, the County of Cortland will notify the property owner (Grantor) in writing within a reasonable time of the discovery. A meeting between the property owner (Grantor), and/or any other parties responsible for the infraction, and the Monitoring Team will be scheduled within one week to discuss the problems/infraction. The initial approach will be to resolve the problem through negotiation. If the problem cannot be resolved satisfactorily through negotiations, formal legal action may be taken. The County of Cortland, as primary monitor, will be responsible for execution of such legal action. All legal fees, costs and expenses, as well as any other reasonable costs incurred in the enforcement process, shall be the responsibility of the property owner (Grantor), as outlined in the conservation easement. Said responsibility for enforcement of the Conservation Easement terms and Conditions by the County of Cortland does not supersede nor extend the responsibility for enforcing governmental regulations, nor does 188 ---PAGE BREAK--- the existence of the monitored Conservation Easement absolve other entities with regulatory authority (including the local municipality or county) of their rights and duties to enforce their applicable rules, regulations, and ordinances, laws, and similar codes. Personnel Committee Update Mr. Pace said the committee is still working on revisions to the Rules of Order. The Board of Elections is busy working to implement new election districts due to the reduction of two legislative districts, which no longer coincide with city wards, as the city has not changed its districts. He encouraged voters to retain their election cards they receive in the mail to reference their polling places on election day. AGENDA ITEM NO. 18 – Amend Rules of Order Cortland County Legislature Mr. Park said these minor changes to the Rules of Order were unanimously agreed upon at a recent Legislative Workshop. The changes state the Legislature has the final appointment authority for all non- elected department heads. Mr. Troy said this vote requires a two-thirds majority to be approved. Chairman Park called for a roll-call vote. The motion was approved unanimously with a weighted vote of 48,599. RESOLUTION NO. 168-13 ON MOTION OF PACE Amend 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, the legislature wishes to clarify that the Legislative Body is the sole appointing authority for all non-elected department heads, AND WHEREAS, County Law Section 153[8] empowers the County Legislature to determine the rules of its own proceedings, and Resolution No. 7-12 adopted the Rules of Order for the 2012 County Legislature, and Resolution 153-12 amended the Rules of Order, NOW THEREFORE BE IT RESOLVED, the Rules of Order are hereby amended in accordance with the attached Exhibit entitled "Rules of Order for the Cortland County Legislature Amended 6/27/13" AND BE IT FURTHER RESOLVED, that this resolution shall take effect June 27, 2013. Judiciary & Public Safety Update AGENDA ITEM NO. 19 – Resolution in Opposition to New York State Legislation A7553/S4489-An Act Which Would Effectively Raise the Age of Criminal Responsibility to Age 18 Years RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 189 ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 169-13 Resolution in Opposition to New York State Legislation A7553/S4489-An Act Which Would Effectively Raise the Age of Criminal Responsibility to Age 18 Years WHEREAS, The New York State Senate and Assembly have introduced an Act to Amend Criminal Procedure Law, the Executive Law. The Judiciary law and the Penal Law, in relation to the age of criminal responsibility, AND WHEREAS, enactment of said legislation will result in a significant increase in the responsibilities to the Cortland County Probation Department, AND WHEREAS, said increase will result in a need for additional funding, AND WHEREAS, there is an application procedure for funds through the Juvenile Probation Assistance Program but no guarantee for additional funding, NOW THEREFORE BE IT RESOLVED, the Cortland County Probation Department and the Cortland County Legislature voices their opposition to this legislation and directs the Clerk of the Legislature to send copies of this resolution and the attached Memorandum of Opposition to: Senator James Seward; Barbara Lifton; Brian Kolb; Gary D. Finch; the NYS Association of Counties; the NYS Association Sheriffs’ Association and the Office of Probation and Correctional Alternatives. AGENDA ITEM NO. 20 – Law Enforcement Inter-Mutual Agreement Sheriff's Department (Schuyler County) ON MOTION OF WHITNEY RESOLUTION NO. 170-13 Law Enforcement Inter-Mutual Agreement Sheriff's Department (Schuyler County) WHEREAS, Schuyler County would like to inter into a Law Enforcement Intermunicipal Agreement for special details, preforming Mutual Aid Police duties under GML Section 209, AND WHEREAS, the cost of the Police Services to Schuyler County will be paid by The County of Schuyler to the responding officers, AND WHEREAS, the Sheriff is in agreement with this Intermunicipal agreement with Schuyler RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 190 ---PAGE BREAK--- County and the Schuyler County Sheriff and is desirous to send off duty Officers to assist the Schuyler County Sheriff, AND WHEREAS, the effective date of this agreement will be on and after July 1 2013, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, and the Sheriff of Cortland County upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for Mutual Aid (Police Services) for Schuyler County. Building & Grounds Committee Update Mr. Willcox said the renovations to legislative chambers are progressing, and that the parking lot of the County Office Building will be sealed soon. He thanked the Highway Department for their work in repairing portions of the parking lot. AGENDA ITEM NO. 21 – Reject Bids for the Gym - Window Replacement and Window/Door Replacement - 37 Church St. (Buildings & Grounds) ON MOTION OF WILLCOX JR. RESOLUTION NO. 171-13 Reject Bids for the Gym - Window Replacement and Window/Door Replacement - 37 Church St. (Buildings & Grounds) WHEREAS, Cortland County advertised for bids for: Gym Windows Replacement and Window /Door replacement for 37 Church St., AND WHEREAS, the Cortland County received bids from: COMPANY NAME AMOUNT OF BID View -Tech, Inc. $ 87,445.00 Bellows Construction $122,606.00 , AND WHEREAS, there is a need to include a Lead & Asbestos Abatement addendum to the bid package, and to clarify the “Drop Ship” Alternate, NOW THEREFORE BE IT RESOLVED, the County Legislature hereby rejects all bids for the Gym Windows replacement and Window /Door Replacement. Budget & Finance Committee Update RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Newell Willcox Jr., Legislative District 9 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 191 ---PAGE BREAK--- Mr. Pace said the Budget & Finance Committee is continuing to work with the Treasurer to implement the new tax collection software. AGENDA ITEM NO. 22 – Authorize Agreement/Amend Budget - Chamber of Commerce Ms. Briggs asked if the money for the fireworks was coming from Occupancy Tax funds. The Clerk answered yes. ON MOTION OF PACE RESOLUTION NO. 172-13 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 2012 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 2013 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 – Create Part-Time Delinquent Tax Receiver Treasurer’s Office AGENDA ITEM NO. 24 – Appoint Member - Cooperative Extension Board of Directors Chairman Park RESULT: PULLED 192 ---PAGE BREAK--- thanked Mr. Spaulding for his service to the Board. ON MOTION OF PARK RESOLUTION NO. 173-13 Appoint Member - Cooperative Extension Board of Directors WHEREAS, Resolution No. 19-12 appointed Donal Spaulding, 33 Charles Street to the Cooperative Extension Board of Directors with a term to expire Dec. 31, 2013, AND WHEREAS, Donal Spaulding has resigned from this position due to a conflicting schedule, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature thanks Don Spaulding for his service, AND BE IT FURTHER RESOLVED, that Kathie Arnold, 3175 Route 13, Truxton, is hereby appointed to the Cooperative Extension Board of Directors to fulfill the vacant term ending December 31, 2013. AGENDA ITEM NO. 25 – Amend Budget/County Administration (NY Jets) Mr. Troy made a motion to Suspend the Rules of Order to consider a resolution not on the agenda. Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. Mr. Murphy said in the past the County has organized parking, bathroom facilities and other needs for the Jets. This year the Highway Department will only be making and installing signs, and the cost will not exceed $2,000. This cost does not include Sheriff's Department overtime costs. ON MOTION OF PARK RESOLUTION NO. 174-13 Amend Budget/County Administration (NY Jets) WHEREAS, Cortland County and SUNY Cortland will be hosting 2013 New York Jets training camp, AND WHEREAS, there is a need for the Highway Department to prepare and install signage to accommodate the New York Jets and their fans, NOW THEREFORE BE IT RESOLVED, that the County Administrator, upon approval of the Chairman of the Legislature and the County Attorney, is hereby authorized to procure supplies and services as needed, in an RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Michael Park, Chair, Legislative District 11 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Michael Park, Chair, Legislative District 11 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 193 ---PAGE BREAK--- amount not to exceed $2,000, AND BE IT FURTHER RESOLVED, that the 2013 County Budget is hereby amended as follows: Increase: Announcements Mr. Cornell announced that he will be resigning from the Legislature effective July 31, 2013. Adjourn Expense: A10105.54005.1010 New York Jets $2,000 Decrease: A19905.54775 Contingency Fund $2,000 194 ---PAGE BREAK--- Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, July 25, 2013 6:00 PM Board Room Public Hearing Public Hearing on Local Law E of 2013 - Downtown Tax Abatement Mr. Adam Megivern, Director of the Cortland Downtown Partnership, spoke in favor of the proposed Local Law, saying it will help rejuvenate the historic downtown business district. Mr. Bob Haight, Director of the Cortland County Chamber of Commerce spoke in favor of the Local Law, saying that having more people living downtown will help local businesses. Mr. Tom Gobel spoke in favor of the proposed Local Law. Mr. Garry VanGorder, Director of the IDA and BDC, spoke in favor of the proposed Local Law, saying that such incentives are necessary to assist investors. Mayor Brian Tobin spoke in favor of the proposed Local Law. Salute to the Flag Roll Call PRESENT: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price ABSENT: Approval of Minutes Cortland County Legislature - Legislative Session - Jun 27, 2013 12:00 AM Privilege of the floor Mr. Michael spoke in favor of Agenda Item No. 20, extending the public comment period on the DEIS for the proposed Crown City Wind Farm. He said a group of citizens is preparing extensive comments and they will take full advantage of the additional time. He submitted a summary of the extensive comments that will be submitted by the group. RESULT: AYES: ACCEPTED [UNANIMOUS] Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 195 ---PAGE BREAK--- Proclamations & Recognitions Proclaiming Americans with Disabilities Day in Cortland County Mr. Boylan read the proclamation, and Ms. Price presented it to Fran Pizzola of Access to Independence. Ms. Pizzola thanked the Legislature and invited them all to the ADA event in Courthouse Park Saturday July 27. Mr. Boylan then announced a recognition for Mr. Larry Cornell, LD 18. Mr. Cornell has been a legislator for 13 years and is resigning, so this was his last meeting. Ms. Briggs, Majority Leader, presented Mr. Cornell with the plaque of recognition and thanked him for his service to the County. Ms. Price also spoke, thanking Mr. Cornell for his years of community service. Presentation of Petitions, Communications, and Notice Receive and File Lapeer Resolution Appointing George Wagner Mr. Troy made a motion to Receive & File the resolutions from Lapeer and Marathon, appointing George Wagner to Legislative District 18, and the 2012 Highway Department Annual Report. Second by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. Receive and File 2012 Annual Report - Highway Operations Budget and Equipment Inventory Receive & File Marathon Letter - George Wagner Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions AGENDA ITEM NO. 1 – A Local Law Establishing a Partial Real Property Tax Exemption for Certain New or Substantially Rehabilitated Multiple Dwellings in the City of Cortland. Chairman Park called for a roll call vote. All members voting in favor, and the motion was approved with a weighted vote of 48,599. ON MOTION OF ROSS RESOLUTION NO. 175-13 Local Law No. 5 of 2013 - A Local Law Establishing a Partial Real Property Tax Exemption for Certain New or Substantially Rehabilitated Multiple Dwellings in the City of Cortland. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Danny C. Ross, Legislative District 12 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 196 ---PAGE BREAK--- Be it enacted by the legislature of the County of Cortland, as follows: Section 1. Legislative Intent The Cortland County Legislature hereby recognizes the need to authorize a partial exemption from real property taxation of the increase in assessed value attributable to the construction of, or the substantial rehabilitation of, multiple dwellings with an affordable housing component located within the City of Cortland Central Business District. Such tax exemption is deemed desirable to promote diversity in the downtown housing market, further support the downtown economy, grow the tax base, and encourage investment in existing downtown buildings. Section 2. Authority The County is authorized to adopt this local law pursuant to section 421-m of the Real Property Tax Law subsequent to an adoption of the same exemption by any City, Town, or Village with a designated benefit area located within the County. The City of Cortland, located within Cortland County, has adopted such tax exemption, Local Law No. 1 of the year 2013 entitled Exemption of Certain New or Substantially Rehabilitated Multiple Dwellings. Section 3. Exemption A. Basis for Exemption Pursuant to authority granted by the Real Property Tax Law Section 421-m, an eligible multiple dwelling constructed or substantially rehabilitated in the benefit area designated pursuant to this section shall be eligible for a partial exemption from taxation and local ad valorem levies for the tax years commencing during the construction or rehabilitation of such structure pursuant to the following schedule. Provided however, that the amount of taxes paid during such period shall be at least the amount of the taxes paid on such land and any improvements thereon immediately preceding the commencement of the exemption. In addition, any improvements to property receiving this exemption shall not be eligible to receive any other exemption under any other section of law. CONSTRUCTION OR SUBSTANTIAL REHABILITATION OF MULTIPLE DWELLINGS During construction or substantial rehabilitation (maximum three years) 100% Following completion of work year: 1 through 12 100% 13-14 80% 197 ---PAGE BREAK--- 15-16 60% 17-18 40% 19-20 20% B. Definitions When used in this local law, the following terms shall have the following meanings: “Designated Benefit Area” shall mean the area of the City of Cortland identified as the Central Business District on the City of Cortland Zoning Map effective as of the date of adoption of this local law. “Substantial Rehabilitation” shall mean all work necessary to bring a property into compliance with applicable laws and regulations and shall include but not be limited to the installation, replacement or repair of, heating, plumbing, electrical and related systems and the elimination of all hazardous and immediately hazardous violations in the structure in accordance with state and local law and regulation. Substantial rehabilitation shall also include reconstruction or work to improve the habitability or prolong the useful life of the property with the exclusion of ordinary maintenance or repair. “Multiple dwelling” shall mean a dwelling, other than a hotel which is to be occupied or is occupied as the residence or home of three or more families living independently from one another including dwellings rented or owned as a cooperative or a condominium C. Eligibility In order to grant the real property tax exemption provided under Section three, the County must receive certification from the City of Cortland that: Such construction or substantial rehabilitation of a multiple dwelling will occur on land which: is vacant, predominantly vacant, under-utilized, or (ii) is improved with a non-conforming use, or (iii) contains one or more substandard or structurally unsound buildings or a building that has been certified as unsanitary by the local health agency. At least 20% of the units shall be affordable to individuals or families of low or moderate income whose incomes at the time of initial occupancy do not exceed 90% of the area median 198 ---PAGE BREAK--- income adjusted for family size and the individual or family shall pay in rent or carrying charges no more than 30% of their adjusted gross income as reported in their federal income tax return or would be reported if such return were required, less personal exemptions and deductions and medical expenses as are actually taken by the taxpayer, as verified according to procedures established by the state division of housing and community renewal. ) Such construction or substantial rehabilitation is carried out with the assistance of grants, loans or subsidies for the construction or rehabilitation of affordable housing from any state, local, or federal agency. Such construction or substantial rehabilitation shall commence after the effective date of this section, but no later than July 15, 2015. If such property is to be used partially as a multiple dwelling and partially for commercial or other purposes, that: the square footage of the portion of the property used as a multiple dwelling represents at least 50% of the square footage of the entire property and; (ii) at least 20 % of the residential units are affordable to individuals or families of low and moderate income and; (iii) the requirements of this section relative to a multiple dwelling are otherwise satisfied. Any property owner seeking an exemption within the designated benefit area shall file form RP- 421-m with the City Assessor’s office for review, prior to the applicable taxable status date of the initial year for which the exemption is sought. The City has complied with all monitoring requirements of Real Property Tax Law section 421-m as it pertains to the property receiving the exemption. Section 4. Severability If any part of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect the validity of the remainder of this local law, or the application thereof, to other persons or circumstances, and the Legislature of the County of Cortland hereby declares it would have passed this local law or the remainder thereof had such invalid application or invalid provision have been apparent. Section 5. Repealer All local laws and parts thereof inconsistent with this local law are hereby repealed. 199 ---PAGE BREAK--- Section 6. Effective Date This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Municipal Home Rule Law. Health Committee Update Ms. Price said the resolution appointing Ms. Haskins is retroactive, and is only being done to comply with the Rules of Order, which will allow a resolution to be included in the annual Journal. AGENDA ITEM NO. 2 – Appoint Director, Area Agency on Aging Chairman Parks said this appointment is retroactive, and is simply matching the appointment with the newly clarified portion of the Rules of Order which state that the Legislature appoints all non-elected department heads. ON MOTION OF PRICE RESOLUTION NO. 176-13 Appoint Director, Area Agency on Aging WHEREAS, the Director of the Area Agency on Aging, Elizabeth Haskins was appointed on February 23, 2012 by the County Administrator, then acknowledged and recognized at the Cortland County Legislative Session on February 23, 2012, AND WHEREAS, the Cortland County Legislature has clarified the sole appointing authority for all non-elected department heads by amending the Rules of Order in Resolution 168-13, AND WHEREAS, the County wishes to memorialize Ms. Haskins appointment, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature reaffirms the appointment of Elizabeth Haskins as Director, Area Agency on Aging on February 23, 2012. (Management Compensation Plan, Grade 5, Step 1, non-competitive class) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. AGENDA ITEM NO. 3 – Create Driver-Per Diem Sub/Area Agency on Aging Ms. Price said this per-diem position will only be used when drivers call in sick or are otherwise unavailable. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 200 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 177-13 Create Driver-Per Diem Sub/Area Agency on Aging WHEREAS, the needs of the County will be better served by creating one Driver-per diem sub position, AND WHEREAS, the Human Resources Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one per diem sub position of Driver (up to 16 hrs/week) in the Area Agency on Aging Department (CSEA Contract, Grade 2, $11.5894-14.3823/HR, non- competitive) be created effective July 26, 2013. AGENDA ITEM NO. 4 – Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant ON MOTION OF PRICE RESOLUTION NO. 178-13 Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $30,000 for the period of 4/1/13-3/31/14 to continue the Immunization Action Plan Program, AND WHEREAS, these funds will be used to improve immunization levels of people in Cortland County, AND WHEREAS, these funds are in the 2013 budget in accounts A40115.51005-51010 $20,365 (Personnel), and A40115.58020-58065 $9,635 (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. 5 – Authorize Agreement/Accept Funds Health Department Drinking Water Program RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 201 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 179-13 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 4/1/13-3/31/14 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 2013 budget in accounts A40125.51005 $66,004 (Personnel), and A40125.58020-58065 $31,237 (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. 6 – Authorize Agreement Health Department/Administration (HealtheConnections) ON MOTION OF PRICE RESOLUTION NO. 180-13 Authorize Agreement Health Department/Administration (HealtheConnections) 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 Health Department wishes to enter into a participation agreement with HealtheConnections to exchange data, to enable use of the system for treatment, quality improvement, and care management, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to the approval of the Legislature, is hereby authorized to sign a Participation Agreement with HealtheConnections to be registered with the Regional Health Information Organization. There are no fees or charges to participating organizations to access RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Sandra Price, Legislative District 19 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 202 ---PAGE BREAK--- HealtheConnections at this time. Highway Committee Update Mr. Fuller thanked the Highway Department and the Emergency Management Office for their response to the recent flooding concerns. AGENDA ITEM NO. 7 – Grant Utility Easement to NYSEG Highway Department ON MOTION OF FULLER RESOLUTION NO. 181-13 Grant Utility Easement to NYSEG Highway Department WHEREAS, the Highway Committee has determined that it is the best interest of the people of Cortland County to grant an easement on County property on CR 109, Little York Crossing Road, tax map #47.05-01-14.000, AND WHEREAS, the property easement is needed for the relocation of a distribution gas line owned by New York Electric & Gas Corporation, 18 Link Drive, Kirkwood, New York, 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 any and all documents pertaining to granting of said easement. AGENDA ITEM NO. 8 – Amend Budget/Transfer Funds Highway Department Mr. Purser said that a cemetery is authorized to purchase directly from the OGS (office of governmental services) and therefore can piggyback off of other government bids and can purchase fuel from the County. Ms. Briggs asked if this goes for all cemeteries. Mr. Purser said there are certain regulations that have to be met, for example the cemetery must be a non-profit 501c3 organization. ON MOTION OF FULLER RESOLUTION NO. 182-13 Amend Budget/Transfer Funds Highway Department WHEREAS, the Cortland Rural Cemetery has requested to purchase motor fuels from the Cortland County Highway Department, AND WHEREAS, the Cortland County Highway Department is estimated to receive $750.00 more revenue from the sale of motor fuel as a result of the Cortland Rural Cemetery fuel purchases in the RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 203 ---PAGE BREAK--- 2013 budget, AND WHEREAS, the County Highway Department Budget must be increased to purchase the requested fuel for the Cortland Rural Cemetery, NOW THEREFORE BE IT RESOLVED, that contingent upon the approval of the County Attorney as the legality of such sale of fuel to the Cortland Rural Cemetery, the 2013 Adopted County Budget is hereby amended as follows: Increase: Revenue: E513042.42300 Fuels Sales $750.00 Increase: Expense: E51305.54078 Fuel $750.00 AGENDA ITEM NO. 9 – Authorize Agreement/Highway Department Town of Cuyler (Snow & Ice- County Roads) Mr. Fuller said these contracts are for towns that have not typically plowed County roads, and they will allow the County to reduce a plowing route and a driver from the workforce, hopefully saving the County money. ON MOTION OF FULLER RESOLUTION NO. 183-13 Authorize Agreement/Highway Department Town of Cuyler (Snow & Ice-County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $3,536.32 per mile, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces for a 5 year term, AND WHEREAS, the Highway Committee has recommended that the County provide for an automatic 2% increase in the contractual payment amount annually, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Cuyler to control snow and ice on 6.83 miles of County roads during the 2013-2014 snow season for the amount of $ 24,153.07, to be paid as follows: One- fourth in November 2013 ($6,038.27), One-fourth in February of 2014 ($6,038.27) and One-half in April of 2014 ($12,076.53) NOW THEREFORE BE IT RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 204 ---PAGE BREAK--- RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Cuyler subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 10 – Authorize Agreement/Highway Department Town of Harford (Snow and Ice-County Roads) ON MOTION OF FULLER RESOLUTION NO. 184-13 Authorize Agreement/Highway Department Town of Harford (Snow and Ice-County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $3,536.32 per mile, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces for a 5 year term, AND WHEREAS, the Highway Committee has recommended that the County provide for an automatic 2% increase in the contractual payment amount annually, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Harford to control snow and ice on 7.92 miles of County roads during the 2013-2014 snow season for the amount of $ 28,007.65, to be paid as follows: One- fourth in November 2013 ($7,001.91), One-fourth in February of 2014 ($7,001.91) and One-half in April of 2014 ($14,003.83), NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Harford subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 11 – Authorize Agreement/Highway Department Town of Preble (Snow and Ice- County Roads) RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 205 ---PAGE BREAK--- ON MOTION OF FULLER RESOLUTION NO. 185-13 Authorize Agreement/Highway Department Town of Preble (Snow and Ice-County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,536.32 per mile, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces for a 5 year term, AND WHEREAS, the Highway Committee has recommended that the County provide for an automatic 2% increase in the contractual payment amount annually, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Preble to control snow and ice on 4.69 miles of County roads during the 2013-2014 snow season for the amount of $ 16,585.34, to be paid as follows: One-fourth in November 2013 ($4,146.34), One-fourth in February of 2014 ($4,146.34) and One- half in April of 2014 ($8,292.66), NOW THEREFORE, BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Preble subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 12 – Authorize Agreement/Highway Department Town of Scott (Snow and Ice-County Roads) ON MOTION OF FULLER RESOLUTION NO. 186-13 Authorize Agreement/Highway Department Town of Scott (Snow and Ice-County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 206 ---PAGE BREAK--- WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,536.32 per mile, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces for a 5 year term, AND WHEREAS, the Highway Committee has recommended that the County provide for an automatic 2% increase in the contractual payment amount annually, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Scott to control snow and ice on 8.59 miles of County roads during the 2013-2014 snow season for the amount of $ 30,376.99, to be paid as follows: One-fourth in November 2013 ($7,594.25), One-fourth in February of 2014 ($7,594.25) and One- half in April of 2014 ($15,188.49), NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Scott subject to the County Attorney’s review and approval as to form. AGENDA ITEM NO. 13 – Transfer Funds/Highway Maintenance Highway Department ON MOTION OF FULLER RESOLUTION NO. 187-13 Transfer Funds/Highway Maintenance 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 additional Town Snow& Ice Removal Contracts initiated in 2013, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent the following funds shall be transferred, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be amended as follows: Decrease: Expense: D51105.51005 $24,781.00 Personal Services Increase Expense: D51105.54083.7300 $24,781.00 Misc. Supporting Services AGENDA ITEM NO. 14 – Award Highway Bid Metal Object Removal Highway Department/Solid Waste RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 207 ---PAGE BREAK--- ON MOTION OF FULLER RESOLUTION NO. 188-13 Award Highway Bid Metal Object Removal Highway Department/Solid Waste WHEREAS, the Highway Superintendent advertised for bids for Metal Object Removal at the Highway Department and the Landfill Facilities, AND WHEREAS, The Highway Superintendent has received the following bids for Metal Object Removal and they are as follows: Metal Object Removal BIDDERS BID Upstate Shredding $225.01 NT 1 Recycle Drive Owego, NY 13827 Contento’s $208.00 NT P.O. Box 588 Cortland, NY 13045 , 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. 15 – Transfer Property Between Land Essential, Inc. and Cortland County Highway Department Mr. Chambers said there are two parcels of property near the Highway Department complex that are both landlocked, and swapping the properties would be mutually beneficial, and the County will be obtaining the larger of the two parcels. Ms. Briggs asked what the assessed value of the respective properties were, and what the property tax impact would be of taking the larger property off the tax rolls. Mr. Chambers did not have the information available. Chairman Park reminded the legislature a property transfer requires a 2/3 majority vote of the Legislature. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 208 ---PAGE BREAK--- ON MOTION OF FULLER RESOLUTION NO. 189-13 Transfer Property Between Land Essential, Inc. and Cortland County Highway Department WHEREAS, the Highway Committee has determined that it is the best interest of the people of Cortland County to trade County owned property for property owned by Land Essential, Inc, PO Box 361, Watervliet, NY 12189, AND WHEREAS, the property which is proposed to be transferred is located at and adjacent to the Cortland County Highway Department Facility at 4267 Traction Drive, Cortland NY 13045, AND WHEREAS, a map of the said properties to be traded is attached hereto, 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 any and all documents pertaining to the transfer of property referred to by this Resolution between Cortland County and Land Essential Inc., AND BE IT FURTHER RESOLVED, that the County Highway Department shall provide survey maps and legal descriptions of the said parcels to the County Attorney for filing at a cost not to exceed $1,000.00 from account D50205.54055. AGENDA ITEM NO. 16 – Authorize Agreement/Vehicle Inspection Service Mr. Chambers said NYS has mandated that a software upgrade be used for the Vehicle Inspection Service at the Highway Department. ON MOTION OF FULLER RESOLUTION NO. 190-13 Authorize Agreement/Vehicle Inspection Service WHEREAS, the New State Department of Motor Vehicles has entered into a contract with Systech International, LCC to provide the electronic vehicle inspection equipment, AND WHEREAS, the Systech International, LCC is the company selected by the New York State Department of Motor Vehicles to provide the electronic data transfer necessary to conduct motor vehicle inspections, AND RESULT: MOVER: AYES: NAYS: ADOPTED [18 TO 1] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Cornell, Price Susan Briggs RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 209 ---PAGE BREAK--- WHEREAS, the purchase of the necessary electronic hardware was not included in the 2013 Highway Department Budget, AND WHEREAS, it is in the best interest of the County Highway Department to maintain the ability to continue to perform vehicle inspections, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following accounts be modified, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be amended as follows: Increase Expense: Technical Equip $1,400.00 E51305.52015 Decrease Expense: Vehicle Maint. $1,400.00 E51305.54300 , 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 Systech International, LLC, 7 Kripes Road, East Granby, CT 06026, that expires November 30, 2020, AND BE IT FURTHER RESOLVED, that the costs associated with the purchase of the necessary electronic hardware from Systech International, LLC is estimated not to exceed $1,400 and shall be charged to E51305.52015, AND BE IT FURTHER RESOLVED, that the $0.436 transaction fee charge for each vehicle inspection shall be charged to account E51305.54300. AGENDA ITEM NO. 17 – Approve Agreement for Engineering Truxton-Tully Road/Highway Department Mr. Chambers said the NYS DOT is requiring additional engineering for the Truxton Tully Road project. He said the additional engineering will cost more, but that the total project will still be under the original estimates. ON MOTION OF FULLER RESOLUTION NO. 191-13 Approve Agreement for Engineering Truxton-Tully Road/Highway Department WHEREAS, the Reconstruction of Truxton-Tully Road (C.R. 150) between Onondaga County Line and State Route 13 (PIN 3755.45) has been approved by the New York Department of Transportation and the design portion of the project shall be funded with 80% Federal funds, 15% State & 5% County funds, AND RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] David Fuller, Legislative District 17 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 210 ---PAGE BREAK--- WHEREAS, the Reconstruction of Truxton-Tully Road (CR 150) (PIN 3755.45) was approved by Resolution # 69-11, AND WHEREAS, C&S Engineers, Inc. has been selected to perform the design services on said project, AND WHEREAS, Resolution 229-11 was passed authorizing a contract with C & S Engineers for design services on the project for an amount not to exceed $397,530.00, AND WHEREAS, $178,548.91 of the amount authorized by Resolutions 229-11 & 12-13 has been paid to C & S Engineers for design services on the project to date, AND WHEREAS, the scope of services for said agreement has been changed to the Reconstruction of the Truxton Tully Road, from State Route 13 to the Cortland County Line, AND WHEREAS, the New York State Department of Transportation has approved the new scope of services under the same Master Agreement, AND WHEREAS, the change in the scope of services has made it necessary to terminate said agreement with C & S Engineers authorized by Resolution 229-11& 12-13 and enter into a new agreement with C & S Engineers, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized and directed to execute a contract with C&S Engineers, Inc., 499 Col. Eileen Collins Blvd., Syracuse, New York 13212 for further design services on the project, at an estimated cost not to exceed $ 161,000.00, AND BE IT FURTHER RESOLVED, that the Contract with C&S Engineers, Inc., 499 Col. Eileen Collins Blvd., Syracuse, New York 13212 is further contingent upon NYSDOT approval of said contract, AND BE IT FURTHER RESOLVED, that the project costs be charged to Account H51125 52600 5126. Solid Waste Committee Update Mr. Troy said Casella has offered to lease the baler at the recycling center, and the committee is working to establish the terms of a lease agreement. Personnel Committee Update AGENDA ITEM NO. 18 – Accept Bid/Authorize Contract Phoenix Graphics/Board of Elections ON MOTION OF PACE RESOLUTION NO. 192-13 Accept Bid/Authorize Contract Phoenix Graphics/Board of Elections WHEREAS, Cortland County Election Commissioners have proposed cost reductions associated with Election ballots to the Personnel Committee, AND RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 211 ---PAGE BREAK--- WHEREAS, the Board of Elections advertised, received and opened the following bids for printing of Primary, General, Village and Special Election Ballots: COMPANY Phoenix Graphics DESCRIPTION Optical Scan Ballots BMD Blank Ballots Test Ballots Pre-Voted 15" $.48 $1.20 18" $.48 Costs Included $1.20 23" $.54 $1.20 Hung Up Posters Primary Ballots w/ color $.48 Costs Included $.48 $.54 Fort Orange Press Optical Scan Ballots $.48 $.48 $.54 BMD Blank Ballots $.22 $.22 $.22 Test Ballots Pre-Voted $1.2 0 $1.20 $1.30 Hung Up Posters $10 $10 $10 Primary Ballots w/ color $.48 $.48 $.54 , NOW THEREFORE BE IT RESOLVED, that Cortland County hereby awards said bid to Phoenix Graphics, Inc., 1525 Emerson Street, Rochester, New York 14606 for a five year period, 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 August 1, 2013 to July 31, 2018 with Phoenix Graphic, Inc. Ag/Planning/Environment Update Mr. Ross gave an update from the Ag & Planning Committee, stating that he is working with Mr. Chambers and Mr. Murphy in evaluating all County-owned property to determine if it should be auctioned. AGENDA ITEM NO. 19 – Establish the Appointment of a Transportation Title VI Officer ON MOTION OF ROSS RESOLUTION NO. 193-13 Establish the Appointment of a Transportation Title VI Officer WHEREAS, the Title VI Act of 1964 ensured that anti-discrimination is enforced throughout the work undertaken by all recipients of federal funding, AND WHEREAS, the NYS Dept. of Transportation (NYS DOT) Title VI/Environmental Justice program serves, creates, implements and regulates procedures that comply with Title VI of the Civil Rights Act of 1964, the Environmental Justice Executive Order 12898, Executive Order 13166, Limited English proficiency, the Civil Rights Restoration Act of 1987 and the Title 49 CFR Part 21, AND RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Danny C. Ross, Legislative District 12 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 212 ---PAGE BREAK--- WHEREAS, the Federal Transit Administration (FTA) requires all applicants who receive federal funding ensure their programs, policies, and activities comply with the Title VI of the Civil Rights Act of 1964, AND WHEREAS, Title VI provisions include, but are not limited to, prohibiting discrimination on the grounds of race, color, sex, age, nationality, religion, disabling condition, or being included within minority populations and/or low income populations, as well as prohibits exclusion from participation, denial of benefits to, or others subject to discrimination under any program or activity administered by NYSDOT, AND WHEREAS, Cortland County is an applicant on various types of transportation grants, NOW THEREFORE BE IT RESOLVED, that Daniel S. Dineen, Director of Planning, to be appointed the Transportation Title VI officer as the recipient of federal funds for transportation grants administered by the Planning Department from FTA and NYSDOT. AGENDA ITEM NO. 20 – Resolution Extending the Public Comment Period for the Draft Environmental Impact Statement for the Proposed TCI Wind Energy Project ON MOTION OF ROSS RESOLUTION NO. 194-13 Resolution Extending the Public Comment Period for the Draft Environmental Impact Statement for the Proposed TCI Wind Energy Project WHEREAS, Air Energy TCI Inc. (“TCI”) proposes to lease land from the County at the County owned landfill as part of its proposed Crown City Wind Energy Project, AND WHEREAS, Resolution 384-08 established the County as lead agency under the State Environmental Quality Review Act, AND WHEREAS, Resolution 215-12 issued a positive declaration under New York State Environmental Quality Review Act which has required that TCI submit a Draft Environmental Impact Statement AND WHEREAS, pursuant to Resolution 83-13, the County Legislature accepted a Draft Environmental Impact Statement and established a deadline for public comments to be on or about July 26, 2013, AND WHEREAS, the State Department of Environmental Conservation (“DEC”) is an involved agency with jurisdiction over the project, and the DEC has requested that the public comment deadline be extended until August 9, 2013, in order for it to conduct field inspections and compile its comments, AND WHEREAS, the Agriculture and Planning Committee recommends that the public comment period be extended to August 9, 2013, NOW THEREFORE BE IT RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Danny C. Ross, Legislative District 12 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 213 ---PAGE BREAK--- RESOLVED, that the public comment period on the Draft EIS be extended until August 9, 2013. Judiciary & Public Safety Update Mr. Whitney said the JPS Committee is working to increase the security of the public safety building. The JPS and other committees will soon be hearing from departments, particularly Real Property, about a new GIS system that will assist many departments, especially 911/dispatch. The County Coroners typically see about 60 cases per year, and they have already done 53 through July, and they will exceed budgeted amounts for autopsies and transportation. The Legislature will need to amend the budget to provide additional funds from the contingency account. AGENDA ITEM NO. 21 – NYS Law Enforcement Terrorism Prevention Program NYS Comptoller's # T970022 ON MOTION OF WHITNEY RESOLUTION NO. 195-13 NYS Law Enforcement Terrorism Prevention Program NYS Comptoller's # T970022 WHEREAS, the County of Cortland Sheriff’s Department has been awarded $13,000 from the WM2012 SLETPP (State Law Enforcement Terrorism Prevention Program) NYS Comptroller’s Number T970022, which provides funds for the law enforcement community to support their terrorism prevention and preparedness efforts, NOW THEREFORE BE IT RESOLVED, that the County of Cortland Sheriff’s Department hereby is authorized to accept grant funds from the New York State Office of Homeland Security in the amount of $13,000, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be amended as follows: Increase: Revenue: A311043-43389-3100 Homeland Security $13,000.00 Expense: A311055-52012-3100 Special Equipment $13,000.00 , AND BE IT FURTHER RESOLVED, upon the approval of the Cortland County Legislature, the County Treasurer will amend the Sheriff’s 2013 budget. AGENDA ITEM NO. 22 – Shredding Contract County Clerk/RMO CINTAS Document Managment RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 214 ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 196-13 Shredding Contract County Clerk/RMO CINTAS Document Management WHEREAS, the Cortland County Clerk has requested and accepted bids for shedding services for all departments in the county for the past four years, AND WHEREAS, CINTAS Document Management has consistently far underbid all competitors, AND WHEREAS CINTAS Document Management has provided professional, secure document shredding for all county departments, NOW THEREFORE BE IT RESOLVED that upon approval of the County Attorney that the Chairman of the Legislature be authorized to sign a three year contract with CINTAS Document Management at the rate charged in the previous one year contract. AGENDA ITEM NO. 23 – Agreement Between the County of Cortland and the County Police Association of Cortland County Effective January 1, 2012 to December 31, 2016 ON MOTION OF WHITNEY RESOLUTION NO. 197-13 Agreement Between the County of Cortland and the County Police Association of Cortland County Effective January 1, 2012 to December 31, 2016 WHEREAS, the Cortland County and CPAC negotiating committees have met to negotiate a new contract, AND WHEREAS, the negotiating committees have agreed on a new contract, AND WHEREAS, CPAC ratified the contract on June 12, 2013, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the attached contract. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 215 ---PAGE BREAK--- Agreement by and between the COUNTY OF CORTLAND And COUNTY POLICE ASSOCIATION OF CORTLAND COUNTY January 1, 2012 – December 31, 2016 216 ---PAGE BREAK--- INDEX Preamble 4 Articles 1. Language Construction 4 2. Recognition 4-5 3. Agency Fee 5 4. Dues Deduction 5 5. Management Rights 5-6 6. Reciprocal Rights 6-7 7. Compensation 7-8 8 On Call 8-9 9 Call in Pay 9 10. Jury Duty 9 11. Time Cards 9 12. Travel Allowance 9-11 13. Holidays 11-12 14. Vacation 13-15 15. Health Insurance 15-18 16. Benefits under Section 207C 19 17 Family and Medical Leave 19 18. Sick Leave .19-20 19. Family Sick Leave 20 20. Personal Leave 21 21. Funeral Leave 22 22. Leaves of Absence 22 23. Military Leave 22 24. Retirement Insurance 23 25. Seniority 23 26. Lay-Off Procedure for Competitive Class Employees 23 27. Outside Employment 23-24 28. Uniforms and 24 29. Personal Property Reimbursement 25 30. Tobacco Use Policy 25 31. Personnel Files 25-26 32. Court Subpoenas 26 33. Labor/Management Meetings 26 34. Civil Service Rules 26 35. Domicile 26 36. Emergency Pool 27 37. Employee Listing 27 38. Discipline and Discharge 27-29 39. Grievance Procedure 29-31 40. Excessive Absenteeism, Tardiness, Early Departure, or Abuse of Sick Time 31 41. Workers’ Compensation 31 42. Safety 31 43. Department Weapon Upon Retirement 32 217 ---PAGE BREAK--- 44. Mandatory Substance Abuse Testing Policy 32 Section 1. Alcohol/Drug Testing 32 Section 2. Testing Procedures 32-33 Section 3. Random Alcohol/Drug Testing. 34-35 Section 4. Reasonable Suspicion Testing 35-36 Section 5. Consequences of Positive Test 36-37 Section 6. Referral, Evaluation and Treatment 37-38 Section 7. Medical Review Officer 39 Section 8. Program Confidentiality 39 Section 9. Disputes – Grievance Procedure 40 Section 10. Department Head 40 45. Governing Laws and Statutes 40 46. Savings Clause 40 47. Agreement Distribution 40 48. Duration 40 49. Taylor Law (Section 204A) 41 Appendix B Uniform/Equipment List 42 Appendix C Cortland County Personal Property Report 43 Appendix D Canine Officer Compensation Agreement 44-47 Witness Page 48 Appendix A Salary Rate 49 Memorandum of Understanding 50 218 ---PAGE BREAK--- Preamble This agreement entered into by the County of Cortland and the Cortland County Sheriff (hereinafter referred to as the Employer) and County Police Association of Cortland (CPAC) (hereinafter referred to as the Union) has as its purpose the promotion of harmonious labor relations between the Employer and Union the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment ARTICLE 1 LANGUAGE CONSTRUCTION Section 1. Whenever the context so requires, the use of the words in the Agreement in the singular shall be construed to include plural words, and words in the plural shall be construed to include singular. Section 2. Any reference to a bargaining unit member of the male gender (e.g. he, his, or him) is equally applicable to a bargaining unit member of the female gender unless the context would require otherwise. By the use of the aforesaid genders, it is understood that it is for convenience purposes only and that said use is not intended to be discriminatory by reason of sex. Article 2 RECOGNITION Section 1. The County recognizes the County Police Association of Cortland, Inc (CPAC – hereinafter referred to as the Union) as the sole and exclusive representative for full-time employees and employees regularly scheduled to work at least twenty (20) hours per week in the following titles: County Police Officers (Deputy Sheriff), County Police Captains (Deputy Sheriff), County Police Lieutenants (Deputy Sheriff), and County Police Sergeants (Deputy Sheriff). Section 2. The Union affirms that it does not assert the right to strike against the County, to assist or participate in any such strike, or to impose an obligation upon its members to conduct or to participate in such a strike, in accordance with Section 2l0 of the Public Employees Fair Employment Act. Section 3. Further, the County agrees to deduct from the wages of employees who authorize said deductions for the following purposes: regular subscription to the Dental/Health/Vision Insurance, AFLAC, Payroll Savings Plan, the Cortland County Federal Credit Union, a Deferred Compensation plan, a Flex Spending plan, the New York College Savings Program, United Way, disability insurance through AFLAC and First Unum Life Insurance Company, life insurance, long-term care insurance, and direct deposits. Additions may be made by mutual agreement between the County and the Union. Section 4. The Union agrees that the County shall not be liable to any employee of the County for any deductions made pursuant to this section and agrees to save and hold the County harmless against any claim whatsoever arising out of the deduction and transmittal of the Agency Shop Fee to the Union, and further, to save and hold the County harmless against any claim by the Union or employees for inadvertently failing to deduct or omitting to take said deductions from employees. Section 5. As a condition of employment, membership dues or an amount equal to membership dues or contributions toward the administration of this Agreement, pursuant to Section 201 of the Civil Service Law, shall be deducted from the wages of any employees covered by the bargaining unit. This deduction shall commence within thirty (30) days after the first day of employment. Article 3 219 ---PAGE BREAK--- Agency Fee As a condition of employment, an amount equal to the Association Dues or the contribution toward the administration of this Agreement, pursuant to Section 201 of the Civil Service Law, shall be deducted from the wages of each bargaining unit member covered by the Association. This deduction shall commence within thirty (30) days after the commencement of employment. Indemnification. The Union shall indemnify the County and any department of the County and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any action taken by the County or any department of the County for the purpose of complying with the provisions of this article. Article 4 Dues Deduction Upon receipt of a signed authorization from a CPAC member, the regular dues of the Union shall be deducted from such member’s pay. Annually, the president of the Union will notify the County Treasurer of the amount of dues to be deducted. Deductions shall be made on each payday of the month and shall be remitted to the Union treasurer. Article 5 MANAGEMENT RIGHTS Section 1. It is understood and agreed that the County possesses the sole right and authority to operate and direct the employees of the Union in all aspects, including, but not limited to, all rights and authority exercised by the County prior to the execution of this Agreement, except as modified in this Agreement. These rights include, but are not limited to: a. The right to determine its mission, policies, and to set forth all standards of service offered to the public; b. To plan, direct, control, and determine the operations or services to be conducted by employees of the Sheriff's Department; c. To determine the methods, means, number of personnel needed to carry out the department's mission; d. To direct the work force; e. To hire and assign or to transfer employees within the Sheriff's Department or other police related functions; f. To promote, suspend, discipline, or discharge for just cause; g. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons; h. To make, publish, and enforce rules and regulations; i. To introduce new or improved methods, equipment, or facilities; j. To contract for goods and services; k. To take any and all actions as may be necessary to carry out the mission of the county and the Sheriff's Department in situations in civil emergency as may be declared by the Chairman of the Legislature, the Sheriff, or the Undersheriff provided that no right enumerated herein shall be exercised or enforced in a manner contrary to or inconsistent with the provisions of this Agreement. Section 2. The Sheriff has the sole authority to determine the purpose and mission of the Sheriff's Department and the Cortland County Legislature has the sole authority to determine the amount of the budget to be adopted thereto. 220 ---PAGE BREAK--- Section 3. If in the sole discretion of the Sheriff, it is determined that extreme civil emergency conditions exist, including but not limited to, riots, civil disorders, tornado conditions, floods, or other similar catastrophes, the provisions of this Agreement may be suspended by the Sheriff during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Should an emergency arise, the Sheriff shall advise the President of the Union of the nature of the emergency. Section 4. To establish a past practice, CPAC 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. Article 6 RECIPROCAL RIGHTS Section 1. The County and the Union 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. Section 2. The County will not interfere with, restrain or coerce the employee because of membership or lawful activity in the Union. Section 3. The County recognizes the right of the employees to designate one representative of the Union to appear on their behalf to discuss terms and conditions of this contract. The employee representatives shall not exceed one employee per shift. This is not to be construed to restrain the Sheriff from the department's day-to-day operation including direction to the employee. Section 4. The employee may use the designated employee representative for each shift or any representative of the union. Section 5. The employee and employee representative shall be permitted to attend grievance hearings, Arbitration and PERB hearings, when deemed necessary, without loss of pay. All Union officials and representatives shall obtain prior written permission from the Sheriff for them to leave their jobs. Section 6. The Personnel Officer shall be notified in writing 48 hours in advance of the name of the employee and the employee representative who will be attending Arbitration or PERB hearings. Section 7. Any representative of the Union who is not employed by Cortland County shall notify the 911 Center on arrival of his/her presence and the reason for said visit. Section 8. The Union shall have the right to post notices and communications on the bulletin board located in the Road Patrol Room and/or in the employees’ individual mailboxes. The Union agrees, however, that any item to be posted, which is outside the realm of the business of the Union shall be approved by the Sheriff in advance. Section 9. The Union will advise the Personnel Officer in writing of all its officers and representatives and of any changes, within five working days of any and all changes. ARTICLE 7 COMPENSATION Section 1. Employees shall be compensated in accordance with Appendix A. 221 ---PAGE BREAK--- The term “certified” refers to completion of the Basic Course for Police Officers as defined by the New York State Municipal Police Training Council. Effective January 1st, 2009 step pay increases shall be effective on the anniversary date of hire for the employee. Transfers shall be paid (step level) based on their law enforcement experience (years of full time service) up until five years of service, any transfers with more then five years experience may be paid at the appropriate step level of service beyond five year rate at the discretion of the Sheriff and the Personnel Officer, but will be given no less than the five years of service credit. Section 2. Work Week. The normal work week for bargaining unit employees is a 40 hour week. As a condition of employment, an employee automatically accepts the work week as designated by the Sheriff. Section 3. Computation of Overtime . For all time paid to a bargaining unit member over eight hours in any calendar day or over forty (40) hours in a week, time and one-half shall be paid, figured on the person's regular rate of pay. Overtime will be compensated for only once in any pay period. Section 4. Travel Time. Travel time will be paid in accordance with the Fair Labor Standards Act. Section 5. Rehiring and Reinstatement. Any person re-hired within one year from the date of resignation in the same title from which he/she resigned shall be hired at the same point in the salary schedule as if the employee had not resigned. Any employee on an approved unpaid leave of absence reinstated in the same title within one year from the date the unpaid leave of absence began will be reinstated to the same point in the salary schedule as if the employee had not taken a leave of absence. Section 6. Reinstatement of Fringe Benefits. Employees who are reinstated or transfer back within 90 calendar days following separation shall have benefits reinstated as follows: a. Article 28, Uniforms and Equipment will not apply. The employee will be re-issued the uniforms and equipment he/she had at the time of permanent separation; b. Sick leave will be reinstated at the balance on the books at the time of permanent separation; c. Personal leave will be pro-rated in accordance with Article 20; d. Insurance premiums will be paid at the percentage the employee was paying at the time of permanent separation. Section 7. Promotion. Whenever an employee of the bargaining unit is given an appointment to a title allocated to be a higher grade, the rate of compensation shall be at the same step as in the previous title. Section 8. Voluntary Demotion. Voluntary demotions will be handled in accordance with Cortland County Civil Service Rule XX. Section 9. Vacancies. 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 promotional 222 ---PAGE BREAK--- competitive job vacancy for which no mandated eligible list exists or a bank of approved examination applications is not available, will be posted on a designated bulletin board in the department for a period of not less than five calendar days. Said posting(s) shall specify the position title, salary, and required minimum qualifications. A copy of the Civil Service Rules for Cortland County is available in the Sheriff’s office. Section 10. Payday. Employees shall be paid on a bi-weekly basis on Fridays, unless prohibited by holiday or emergency. Section 11. 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. Article 8 On-Call Section 1. The County Police Sergeant, Lieutenant, or Captain assigned to investigative duties who are assigned on call, or any officer assigned on call by the Sheriff or his/her designee will be compensated as follows: A. On call period Memorial Day, Independence Day and Labor Day B. Thanksgiving, Christmas, New Year Day, President’s Day * 2012 55.00 2013 60.00 2014 65.00 2015 70.00 2016 75.00 2012 70.00 2013 75.00 2014 80.00 2015 85.00 2016 90.00 Section 2. On call rates will be paid only once in each 24 hour period. Article 9 Call in Pay An employee who is required to return to work outside his/her normal work shift will receive three hours of pay at one and one-half times his/her regular rate of pay, unless the employee actually works more than three hours, in which case the employee will be paid for all hours worked at one and one-half times his/her regular rate of pay. ARTICLE 10 JURY DUTY Section 1. An employee who has been summoned to serve as a trial or grand juror shall provide a copy of such summons to the Sheriff or his/her designee for notification of absence. It shall be the responsibility of the Sheriff to forward the summons to the Personnel Office. 223 ---PAGE BREAK--- Section 2. An employee shall receive his/her regular hourly rate of pay for times of jury service when the employee was scheduled to work. Section 3. The employee will notify the court of the fact that he/she is receiving his/her wages for the time of service. Section 4. Employees are entitled to retain mileage and meal allowances paid by the court. Section 5. An employee who is dismissed for the day or from service with two hours or more remaining in his/her regular scheduled day is required to report to work. Article 11 Time Cards The Sheriff reserves the right to institute a different time recording system, including but not limited to, time cards, time clocks, and/or an electronic system. Article 12 TRAVEL ALLOWANCE In order to be reimbursed for travel and travel-related expenses, an employee must have prior approval in accordance with County/Sheriff policy for said travel. Section 1. Transportation Expense Allowance A. Travel shall be conducted in the most economical mode of transportation. When public transportation, including air, train, or bus will be used, it should be demonstrated that this form of transportation would be more economical in terms of money and/or time than travel by automobile. Taxes on public transportation tickets will not be reimbursed. Employees will be reimbursed the cost of public transportation incurred when supported by the proper receipt. B. The mileage reimbursement rate in accordance with IRS reimbursement rate and 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 towing expenses for personal automobiles when use for travel on County business are reimbursable if the employee does not have personal towing expense insurance or AAA. D. Tolls and parking expenses will be reimbursed at actual cost incurred by the employee when supported by proper receipt. Traffic or parking violation tickets are the responsibility of the individual charged with the violation(s), with the exception of violation(s) arising out of deficiency in automobiles owned by the County. Section 2. Meal Allowance A. The County will pay up to a total of $32.00 per day for meals during travel outside of Cortland County. To be eligible for full meal reimbursement, travel must have commenced prior to 7:00 a.m. and must have extended past 7:00 p.m. If the duration of the travel is less than a full day, the reimbursement maximum will be on a per-meal basis as follows: 224 ---PAGE BREAK--- Breakfast $ 7.00 Lunch Dinner $10.00 $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 12, 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 12, 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 12, 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 12, Section 2.A., when supported by the proper receipt. Section 3. Lodging Allowance A. Lodging accommodations shall be arranged in the most reasonable and economical manner. An itemized bill must accompany request for reimbursement. B. TAXES (EXCLUDING LOCAL TAXES, E.G. BED, OCCUPANCY, ETC.) ON LODGING IN NEW YORK STATE ARE NOT REIMBURSABLE. EMPLOYEES SHALL OBTAIN AND PRESENT THE TAX EXEMPTION LETTER. Article 13 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 2012 Day observed by County in 2013 Day observed by County in 2014 Day observed by County in 2015 Day observed by County in 2016 New Year’s Day Sunday, January 1 Tuesday, January 1 Wednesday, January 1 Thursday, January 1 Friday, January 1 President’s Day Monday, February 20 Monday, February 18 Monday, February 17 Monday, February 16 Monday, February 15 Memorial Day Monday, May 28 Monday, May 27 Monday, May 26 Monday, May 25 Monday, May 30 Independenc e Day Wednesday, July 4 Thursday, July 4 Friday, July 4 Saturday, July 4 Monday, July 4 Labor Monday, Monday, Monday, Monday, Monday, 225 ---PAGE BREAK--- Day September 3 September 2 September 1 September 7 September 5 Thanksgiving Day Thursday, November 22 Thursday, November 28 Thursday, November 27 Thursday, November 26 Thursday, November 24 Christmas Day Tuesday, December 25 Wednesday, December 25 Thursday, December 25 Friday, December 25 Sunday, December 25 In the event that one of the seven named holidays set forth above is scheduled to be observed by the County on the employee’s regularly scheduled day off (pass days off), the employee, at his/her option may take either the day before or the day after his/her regularly scheduled days off (pass days off) as a day off. (For example: Christmas Day observed by the County, Sunday December 25, 2011 and that employees regular days off (pass days off) are Saturday and Sunday, that employee has the option to request to take Friday or Monday, but not both, as a day off). The employee shall be paid as if she/she had worked on the day taken if granted that day off. An employee opting to use the named holiday as a day off is required to receive approval from the Sheriff or his designee, which request shall be submitted at least seven calendar days in advance of the day the employee is requesting to take as a day off. In the event the Sheriff or his designee grants the employee’s request to take the named holiday as a day off, that day off shall be in lieu of receiving payment (holiday pay) at his/her regular rate of pay. In the event the Sheriff or his designee denies the employee’s request, the employee shall be paid for the holiday at his/her daily rate of pay in the next pay period. Six Floating Holidays. New employees will receive a pro-rated share of the floating holidays. Floating holidays will be taken as follows: • During the first six months of the calendar year, three days will be available; • During the second six months of the calendar year, three additional days will be available for use, plus any unused days from the prior six months of the calendar year. Floating holidays not used in a calendar year will be paid in the last pay period in November of each year at the employee's regular straight rate of pay. In order to assure orderly performance and continuity of services provided by the Sheriff's Department, each employee wishing to schedule a floating holiday should request such floating holiday in writing as far in advance as reasonably possible; preferably at least one week in advance of the requested floating holiday but at least twenty-four (24) hours in advance of the requested floating holiday. Upon permanent separation from County employment, unused floating holidays will not be paid. Section 2. Road Patrol will be open on holidays. Section 3. Employees shall work the holiday in accordance with the natural rotation of the work schedule, unless assigned the day off by the Sheriff or his/her designee. A full-time employee who works on a holiday shall be paid for the holiday at his/her regular daily rate and, in addition to his/her daily rate, shall be paid overtime at one and one-half (1 ½) times his/her regular hourly rate for all hours worked on the holiday. 226 ---PAGE BREAK--- ARTICLE 14 Vacation Section 1. Except for those employees who are discharged, terminated in accordance with Civil Service Rule XIX following an absence without leave, or otherwise terminated for cause, the Sheriff shall grant vacations to 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. Cumulative Years of Full-Time Credit Days of Vacation Accrued Maximum Days Earned Annually At Least 1 month* .8333 10 2 years .9167 11 3 years 1.0000 12 4 years 1.0833 13 5 years 1.1667 14 6 years 1.2500 15 7 years 1.3333 16 8 years 1.4167 17 9 years 1.5000 18 10 years 1.5833 19 11 years 1.6667 20 15 years 1.7500 21 20 or more years 2.0833 25 *A new employee must start on or before the 15th of the month to receive vacation credit for the initial month of employment. For calculating vacation credit, the date the employee becomes full-time, which is more than half- time and up to and including full-time, will be the date that vacation time is calculated by. Any previous full-time County service will be counted towards vacation time. 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. Employees shall not accrue vacation leave for any period during which they are off the payroll. SECTION 2. MAXIMUM VACATION ACCUMULATION THE MAXIMUM VACATION TIME THAT CAN BE ACCUMULATED BY EACH EMPLOYEE AT ONE POINT IN TIME IS 400 HOURS. ONCE THE MAXIMUM ACCUMULATED VACATION BALANCE IS ON THE BOOKS, NO FURTHER VACATION ACCRUALS SHALL BE CREDITED TO THE EMPLOYEE UNTIL THE ACCUMULATED BALANCE GOES BELOW THE MAXIMUM, UNLESS THE SHERIFF HAS REFUSED VACATION USAGE. SECTION 3. VACATION ELIGIBILITY REQUIREMENTS EMPLOYEES SHALL START TO ACCRUE VACATION IN ACCORDANCE WITH SECTION 1* OF ARTICLE 14; HOWEVER, THEY SHALL NOT BE ELIGIBLE TO USE VACATION ACCRUALS UNTIL AFTER SIX CONSECUTIVE MONTHS OF EMPLOYMENT WITH THE SHERIFF'S 227 ---PAGE BREAK--- DEPARTMENT. Section 4. Vacation Pay The rate of vacation pay shall be the employee’s regular straight time hourly rate of pay in effect for the employee’s regular job at the time the vacation is being taken. After six months of continuous service, once per calendar year, upon written request to the sheriff at least thirty (30) days in advance, an employee may choose to be compensated at their regular straight-time rate of pay for up to 50% of their vacation balance. The County will pay the employee within thirty (30) days of the request. Employees shall be paid for their vacation of one week or more in advance on the pay day before the vacation commences as long as a written request is made to the Sheriff thirty (30) days in advance. The County will pay the employee within thirty (30) days of the request. SECTION 5. REQUEST FOR VACATION. IN ORDER TO ASSURE ORDERLY PERFORMANCE AND CONTINUITY OF THOSE MUNICIPAL SERVICES PROVIDED BY THE EMPLOYEES OF THE SHERIFF'S DEPARTMENT, EACH EMPLOYEE WISHING TO SCHEDULE VACATION SHOULD REQUEST IN WRITING SUCH VACATION LEAVE AS FAR IN ADVANCE AS REASONABLY POSSIBLE, BUT PREFERABLY AT LEAST ONE WEEK IN ADVANCE OF THE REQUESTED VACATION PERIOD. IN ORDER TO BETTER ASSURE THAT THEIR VACATIONS MAY BE SCHEDULED WHEN THEY WANT THEM, EMPLOYEES SHOULD, AS SET FORTH IN THE NEXT SECTION, ACTUALLY REQUEST THEIR VACATIONS BY JANUARY 31 ST OF EACH YEAR. Requests for vacation shall be granted upon approval of the Sheriff, unless it is determined that such absence would adversely affect and interfere with the orderly performance and continuity of the Sheriff's Department's 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 THE SHERIFF'S DEPARTMENT'S SERVICES BE MAINTAINED, IT MAY BE NECESSARY TO LIMIT THE NUMBER OR PROHIBIT ANY EMPLOYEES FROM TAKING VACATIONS DURING A PARTICULAR PERIOD OR AT THE SAME TIME. For the purposes of scheduling vacations, the following procedure will be used by the Sheriff: ♦ vacation requests shall be submitted to the Sheriff in writing and will be processed as follows: ♦ for those requests submitted prior to January 31st division seniority will prevail; ♦ for those requests submitted after January 31st, they shall be granted on a first-received, first- granted basis; ♦ in the event requests are received by the Sheriff at the same time after January 31st for the same vacation period, division seniority will be the determining factor of whom is granted vacation. ♦ (Division seniority shall be the last date of full-time hire/start in the division.) SECTION 7 .VACATION CANCELLATION. EXCEPT IN THE CASE OF EMERGENCY AS DETERMINED BY THE SHERIFF, NO APPROVED VACATION SHALL BE 228 ---PAGE BREAK--- CANCELLED BY THE SHERIFF. An employee who is not able to take vacation because he/she is required by the Sheriff to work his/her vacation shall be compensated with equal pay for the vacation period. Section 8. Vacation Call Back. Except in the case of an emergency as determined by the Sheriff, or unless mandated by law, no employee shall be required to return to and appear for work during his/her scheduled vacation period once it has begun (including any holidays or other days off which constitute a part of the vacation period). SECTION 9. SEPARATION FROM SERVICE. ANY EMPLOYEE WHO RESIGNS, RETIRES, OR IS OTHERWISE PERMANENTLY SEPARATED FROM THE SERVICE OF THE SHERIFF'S DEPARTMENT, EXCEPT THOSE WHO ARE DISCHARGED FOR CAUSE, SHALL RECEIVE VACATION PAY FOR ALL OF HIS/HER ACCRUED VACATION UPON PERMANENT SEPARATION FROM EMPLOYMENT WITH THE COUNTY PROVIDED THAT: 1. the employee has completed six months of continuous service with the Sheriff's Department; 2. in the case of resignation or retirement, the employee gives ten (10) working days written notice to the Sheriff and the Personnel Officer; and 3. the employee works ten (10) working days (days do not have 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 21 Section is required to report for jury duty as defined in Article 10; or is required to be absent from work for any other unforeseen reason that, at the discretion of the Sheriff and Personnel Officer constitutes a valid reason for absence. (For this clause only, if a paid holiday falls within the ten (10) day notice period, it shall be considered a day worked if all other required days are worked by the employee). At the sole discretion of the Sheriff, in consultation with the Personnel Officer, the ten (10) day requirement may be waived and the employee paid for the accrued, but unused, vacation time. The amount of payment for all unused vacation shall be calculated based upon the employee’s regular straight time hourly rate of pay in effect for the employee’s regular job, on the last work day 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 deceases while in service will be paid to his/her estate. Article 15 Health Insurance Section 1. 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 hired prior to January 1, 1990, the County shall pay 90% the premium per month per employee; ♦ For employees hired on or after January 1, 1990, the County shall pay 80% of the premium per month per employee 229 ---PAGE BREAK--- Section 3. The County Health Insurance Plan includes a three tier formulary plan for prescription drugs. Each employee will contribute a $5.00 co-pay for generic prescriptions, a $10.00 co-pay for brand–name prescriptions, and a $25.00 co-pay for non-formulary prescriptions. Employees may utilize the multi- month mail-order maintenance program and pay one co-pay per three-month supply. Prescriptions for maintenance drugs filled at retail will cost one co-pay for each one-month supply. Employees shall be required to fill all prescriptions with the generic brand when available. Should the employee voluntarily elect not to fill with the generic brand, the employee will be responsible for the cost between the generic and the drug selected (name brand or non-formulary) plus the co-pay for the name brand or formulary. In the event that the employee cannot take a generic drug due to a medical reason determined by the prescribing medical provider, the employee will not be required to pay the difference between the generic drug and the drug selected. The co-pay will be required for either the name brand or formulary. Employees may participate in an Alternative Prescription Drug Program established by the county through Strategic Benefit Trust which provides for lower cost maintenance prescription drugs through mail order. Effective September 1, 2013, the prescription drug coverage shall be as follows: Prescription co-pays will increase from $5.00/$10.00/$25.00 to $5.00/$15.00/$30.00 and fourth refill at retail penalty. 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: $5 for generic $15 for brand name formulary $30 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. $5 for generic $15 for brand name $30 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 $5 for generic $15 for brand name formulary $30 for non-formulary 230 ---PAGE BREAK--- Employees shall be required to fill all prescriptions with the generic brand when available. Should the employee voluntarily elect not to fill with the generic brand, the employee will be responsible for the cost between the generic and the drug selected (name brand or non-formulary), plus the co-pay for the name brand or formulary. In the event that the employee cannot take a generic drug due to a medical reason determined by the prescribing medical provider, the employee will not be required to pay the difference between the generic drug and the drug selected. The co-pay will be required for either the name brand or formulary. Section 4. Employee contributions for the health insurance premium shall be deducted in equal amounts from each bi-weekly paycheck. Coverage for new employees hired prior to the 16th of the month shall become effective on the first of the following month. Coverage for new employees hired on or after the 16th of the month shall become effective on the first day of the second month following employment (e.g. date of hire of May 17 would result in coverage effective July Section 5. Enrollment in the health insurance plan shall take effect as described in Section 4 of Article 15 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 County 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 15 or during the open enrollment period held at six month intervals. Section 8. Prescription oral contraceptives are part of the Health Insurance Plan. Section 9. Health Insurance coverage upon retirement: Employees shall be entitled to continue health insurance into retirement provided they have met the requirements in Section 10: A, B, C, D A. Are employed by Cortland County at the time of retirement B. Are enrolled in the health plan at the time of retirement C. Provide the employer with proof of retirement and otherwise meet the definition of retirement as specified by the NYS Retirement System (including those disabled under 207-c) D. Completion of a minimum of ten (10) years service (Employees hired after ratification will require ten (10)* consecutive years) with Cortland County (this requirement is waived for those employees eligible to retirement as a result of 207-c disability) 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. Upon retirement, the County shall provide the same health (individual or family) insurance provided to active employees, with its contribution to the retiree premium cost being ninety percent (90%) of the premium at the time of retirement, if the employee was hired prior to January 1, 1990. For those employees hired after January 1, 1990 the premium cost paid by the County will be eighty percent Upon retirement the employee shall be entitled to dental and vision insurance with the full premium paid by the employee. SECTION 10. The parties acknowledge and understand the New York State statues require health 231 ---PAGE BREAK--- insurance companies to provide certain coverage and benefits. These mandates and the administrative rules adopted to implement them require that coverage for specific illnesses and conditions are included in health insurance plan, it is also understood that such mandates are changed from time to time. Under the current health insurance arrangement between the parties with RMSCO acting as the health insurance claims administrator for Cortland County’s health insurance plan, Cortland County hereby agrees that any State/Federal mandated benefit or requirement regarding health insurance applies to the health insurance plan provided by the County. The State/Federal mandated benefits and coverage are to be included as a part of the plan without need for negotiation. The parties agree that a final appeal process of a determination by RMSCO, the County’s health insurance claims administrator, that requested medical services are not medically necessary, experimental or investigational is needed to replace the appeal to the State Insurance Department which existed prior to selecting RMSCO as the administrator. It is understood that this final appeal can only be taken if all other appeal and internal reviews have been exhausted within RMSCO. Upon exhausting all RMSCO appeals ad internal reviews, employees may request a final internal 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, plan document, and the medical recommendation of ProPeer Resources. The parties agree that the review committee will accept ProPeer Resources’ recommendation with regard to medically necessary, experimental or investigational. Effective September 1, 2013, the committee will make its determination based on the recommendation of the County Physician; a position appointed by the County Health Board. Should the committee make an Internal Adverse Benefit Determination or Internal Adverse Determination (as defined in the Cortland County Health Plan amendment VII) a final external review (as prescribed by the Patient Protection and Affordable Care Act, Public Law 111-148,) will be assigned to an Independent Review Organization (IRO). Article 16 BENEFITS UNDER SECTION 207 OF THE GENERAL MUNICIPAL LAW Section. 1. The County and the Union agree to abide by the provisions and regulations of Section 207(c) of the General Municipal Law and Cortland County’s 207(c) Law. While on 207(c), employees shall not receive benefits (e.g. holidays, vacation, personal leave, sick leave, funeral leave, clothing allowance, etc.). If an employee had health insurance coverage according to Article 15, they shall be allowed to continue health insurance benefits. Section 2. Any other payroll deductions, except deferred compensation, authorized by the employee shall continue unless otherwise directed in writing by the employee. The County and the Union will negotiate a 207(c) policy, which is acceptable to both parties. ARTICLE 17 FAMILY AND MEDICAL LEAVE The County and the Union agree to abide by provisions and regulations of the Federal Family and Medical Leave Act (FMLA). 232 ---PAGE BREAK--- ARTICLE 18 SICK LEAVE Section 1. Each employee shall be permitted to accumulate up to 200 days (1,600 hours) of paid sick leave. This earned sick leave may be applied toward time off due to personal illness, personal injury, other personal medical disability, and personal medical appointments. Such leave shall be reduced by the time absent. Sick leave shall accumulate at the rate of eight per month. Sick leave may be used in one- quarter (1/4) hour increments. Section 2. Employees hired under this Agreement shall receive eight four 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 an extra eight hours of vacation leave. Section 4. A. 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* to pay for the employee's portion of health insurance for up to one year, not to exceed $1,500. B. At the time of retirement an employee who is eligible to retire with twenty (20) years of service, who cannot use his/her unused sick time for extra credit (41j), may convert on a three to one cash equivalent to be applied to the employee’s portion of the health insurance premium not to exceed $7,500. * Tier 6 employees are limited to 100 days or as provided in the retirement legislation for Tier 6. Section 5. Employees are required to call in to the Sheriff or his/her designated representative, within one hour of the start of their regularly scheduled work shift when utilizing sick leave, if no prior notification has been given. Section 6. 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. Section 7. All employees shall forfeit being paid for a holiday if absent from work on sick leave or family sick leave the scheduled work day immediately preceding or following a holiday, unless said absence is verified by a medical provider’s certification, if required by the Sheriff or his/her designee.. Section 8. Any false representation made in connection with a claim for sick leave benefits shall be determined just cause for discipline. Section 9. Approved Family Medical Leaves (FMLAs) are excluded from Section 7 of this article. Article 19 FAMILY SICK LEAVE An employee shall be allowed to use to a maximum of forty (40) hours of accumulated sick leave per calendar year for absence from work necessitated by illness of the employee's parent (including stepparents and foster parents), spouse, child (including stepchild and foster child), sibling (including step sibling), grandparent, grandchild, parent-in-law, or other person who is a member of the household. The Sheriff may request written documentation from the employee to verify residency of other household 233 ---PAGE BREAK--- members. Each employee may use Family Sick Leave up to an additional thirty (30) days of sick leave for a family event which is Family Medical Leave Act qualified. The additional sick leave can not be used for an intermittent FMLA. 234 ---PAGE BREAK--- ARTICLE 20 PERSONAL LEAVE Section 1. Each employee shall be entitled thirty-two (32) hours of paid personal leave per calendar year. 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 1/01 - 2/14 32 hours 2/15 - 3/31 28 hours 4/01 - 5/14 24 hours 5/15 - 6/30 20 hours 7/01 - 8/14 16 hours 8/15 - 9/30 12 hours 10/01 - 11/14 8 hours 11/15 - 12/31 4 hours Section 3. Upon permanent separation from County service, the time allowed for use prior to separation shall be pro-rated as follows: Date of Resignation Total Time Allowed to be Used 1/01 - 2/14 4 hours 2/15 - 3/31 8 hours 4/01 - 5/14 12 hours 5/15 - 6/30 16 hours 7/01 - 8/14 20 hours 8/15 - 9/30 24 hours 10/01 - 11/14 28 hours 11/15 - 12/31 32 hours If an employee is hired and then resigns in the same calendar year, the personal time allowed would be figured by multiplying 4 by the number of 45 day periods worked as specified by the chart 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 Sheriff 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 21 Funeral 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 Sheriff may request written documentation from the employee to verify residency of other household members), the employee shall 235 ---PAGE BREAK--- 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 and the Sheriff for other accommodations. The Personnel Officer and Sheriff 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 with pay at his/her request on the day of the funeral, provided the employee was scheduled to work on the day of the funeral. Article 22 LEAVES OF ABSENCE Section 1. Leaves of absence shall be granted in accordance with Cortland County Civil Service Rules XIX. Section 2. When an employee is absent without leave and without an explanation for a period of five work days, such absence shall be deemed to constitute a resignation effective on the date of the commencement of such absence. The failure of an employee to return to his/her position within five days following the expiration of a leave of absence, or extension thereof, without submitting an explanation therefore within such five days period, shall constitute a resignation which for purposes of determining eligibility for reinstatement, shall be deemed to be effective as of the date of the commencement of such leave of absence. Nothing herein shall be deemed to excuse the unauthorized absence of an employee or his/her failure to return to his/her position upon the expiration of an authorized leave of absence and such failure may be regarded as misconduct in the appropriate disciplinary proceeding. Article 23 MILITARY LEAVE Military leave will be granted in accordance with applicable Federal and State laws when employees are required to attend ordered military service. Article 24 Retirement Insurance Section 1. All employees who have joined the New York State Employee’s Retirement System will have coverage as provided by the New York State Employees’ Retirement System (NYSERS). Section 2. Eligible employees previously covered under Section 89-A were provided 89-B of the New York State Retirement and Social Security Law effective July 1, 1986. Effective May 25, 1994, all employees previously covered under 89-B were granted 89-B(m) benefits. Employees will be enrolled in the appropriate 20 year retirement plan for Deputy Sheriffs within the New York State Retirement System. Article 25 Seniority 236 ---PAGE BREAK--- Seniority shall, for the purpose of this Agreement, be defined as an employee’s length of full-time service in the Road Patrol Division of the Cortland County Sheriff’s Department, since their last date of hire, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed by the Sheriff), or other breaks in service. Article 26 Lay-Off Procedure for Competitive Class Employees Competitive class employees in the Road Patrol Division of the Sheriff's Department will be laid off in accordance with Section 80 of the Civil Service Law and the Cortland County Civil Service Rule #XXV. Article 27 OUTSIDE EMPLOYMENT Section 1. Any member of the Sheriff's Department covered by this Agreement may engage in extra work for any other employer outside the employee's regular hours of duty provided that the employee completes a notice of secondary employment to be filed with the Sheriff prior to starting the secondary employment, provided such extra work does not interfere or conflict with the employee's regular duties as a member of the Sheriff's Department or availability for emergency duty; and does not impair nor affect the employee's physical condition to the extent that it impairs the ability of the employee to perform such duties effectively. No employee of the department may use any equipment, uniform, or other property thereof while employed in any capacity outside of the Cortland County Sheriff's Department unless authorized by the Sheriff. Section 2. Any statutory prohibitions regarding secondary employment shall be applicable. Employment in a capacity as a law enforcement officer shall require prior approval of the Sheriff. Section 3. Prior to accepting or engaging in such outside employment, the employee shall notify the Sheriff of his/her intent in writing. The Sheriff, or his/her designee, shall issue his/her approval/disapproval in writing within a reasonable period of time, but not longer than seven work days from the employee's request for approval. The Sheriff's decision will not be arbitrary or capricious and shall be final and binding and will not be grievable or arbitrable. The employee may appeal the decision of the Sheriff to the Personnel Officer. Article 28 Uniforms and Equipment Section 1. All uniforms and equipment are and shall remain the property of Cortland County. All uniforms and equipment, unless covered under Article 43 shall be returned to the Sheriff at the employee’s permanent separation from employment with the CPAC division of the Cortland County Sheriff’s Department. Section 2. The Sheriff shall designate the style, type, and number of pieces of uniforms and equipment. The Sheriff and the Union President will consult upon a vendor from which the uniforms and equipment shall be ordered. 237 ---PAGE BREAK--- Section 3. At the time of appointment, all new bargaining unit members will have the uniforms and equipment outlined in Appendix B ordered and/or supplied to them. Section 4. Any item identified in Appendix B which is damaged or destroyed in the line of duty will be repaired or replaced by the Sheriff upon completion of the Cortland County Damaged Property form and return of the respective item. Section 5. A bargaining unit member shall receive an annual uniform/equipment allowance payable in a separate check in the last regular pay period in January as follows: 2012 - $1000.00 2015 - $1025.00 2013 - $1000.00 2016 - $1050.00 2014 - $1025.00 New bargaining unit members will not be entitled to or receive a uniform/equipment allowance until they have completed twelve months of continuous service. A new bargaining unit member will receive a uniform/equipment allowance the first January or July following the completion of the twelve continuous months. Section 6. Employees shall be required to maintain all uniforms and equipment at the level required by the Sheriff through their employment. Section 7. Any bargaining unit member who is shifted from one division within the Road Patrol to another division within the Road Patrol shall receive a pro-rated uniform allowance as outlined in Section 5 of Article 28 for the time period remaining in the year at the time of the shift. This amount will be in addition to any previous allowance received that year. Article 29 PERSONAL PROPERTY REIMBURSEMENT Personal property worn or carried while in the performance of official County duties must have prior written approval by the Sheriff or his/her designee, except for required visual, auditory, or medically prescribed articles. PERSONAL PROPERTY NOT APPROVED FOR USE IN WRITING BY THE SHERIFF OR HIS/HER DESIGNEE, EXCLUDING REQUIRED VISUAL, AUDITORY, OR MEDICALLY PRESCRIBED ARTICLES, WILL NOT BE REPAIRED OR REPLACED. Personal property authorized by the Sheriff for use in the performance of official County duties or required visual, auditory, or medically prescribed items shall be professionally repaired or the employee shall be compensated with the comparable value under the following conditions: a) Damage must be reported immediately and the employee must submit the completed Cortland County Damaged Property Report to the supervisor prior to the end of the shift at which the damage occurred; b) The supervisor receiving the report shall forward the to the Sheriff within two working days of receipt of the report; 238 ---PAGE BREAK--- c) The employee must file the claim for reimbursement with the County Personnel Office by submitting a receipt within thirty days of the incident. The 30 days may be waived by the Sheriff or the Personnel Officer. d) The Personnel Department shall file the necessary claim for reimbursement with the insurance company or the person responsible for the damage and/or the court having jurisdiction over the case. The County shall be entitled to the reimbursement if it has reimbursed the employee for the damaged article(s). Article 30 Tobacco Use Policy No tobacco product shall be used in any County-owned or occupied vehicle or building, except for areas specifically designated by the Sheriff. ARTICLE 31 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 County 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. Confidential information (e.g. reference checks and responses, medical information, or information provided the County with the specific request that it remain confidential) shall not be subject to inspection or copying. Section 3. Notification. Employees will be notified when any disciplinary written warning 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 31, she/he must do so within ten (10) working days of receipt of notification provided in Article 31, Section 3. ARTICLE 32 COURT SUBPOENAS Any employee subpoenaed by any legislative, judicial, or administrative tribunal in connection with his/her County employment, shall receive his/her regular hourly rate of pay for times of service when the employee was scheduled to work. Upon receiving the witness fee, the employee shall submit the warrant, or its equivalent, to the Sheriff for transfer to the County Treasurer. Article 33 LABOR/MANAGEMENT MEETINGS 239 ---PAGE BREAK--- Labor/Management meetings shall be held on at least a quarterly basis. The Union will be represented by the at least the Union President or designee and a representative of the Road Patrol. The County will be represented by at least the Sheriff or designee and the Personnel Officer or designee. The County and the Union may invite additional representatives to Labor/Management meetings when their attendance would be beneficial to the situation or topic of discussion at a meeting upon prior notification to the other party. Article 34 CIVIL SERVICE RULES A copy of the Cortland County Civil Service Rules is available in the Cortland County Personnel Office for review. Article 35 Domicile Employees are required to live in Cortland County or any adjoining county. Failure to maintain a domicile in Cortland County or any adjoining county shall result in the immediate termination of employment. Article 36 Emergency Pool SECTION 1. The purpose of this Article is to enable County employees to donate paid benefit time to other employees who are confronted with a personal or family emergency. SECTION 2. An employee may donate accrued vacation, compensatory, floating holiday, personal, or sick leave hours to an Employee Emergency Pool by completing and signing a "Donation to the Emergency Pool" form available in the Personnel/Civil Service Office. SECTION 3. The Personnel/Civil Service Officer shall keep track of the total hours available in the pool. SECTION 4. The Committee to administer the pool shall be composed of: • One person appointed by CSEA • Personnel/Civil Service Officer • One person appointed by the New York State Association of Nurses • One person appointed by the Sheriff • One person appointed by CPAC • Paralegal to the County Attorney • One Department Head • One Legislator appointed by the Chairman of the Legislature SECTION 5. The Committee shall develop rules for administration of the pool. SECTION 6. In conformance with the rules, the Personnel Officer is authorized to permit the use of hours in the pool by any current County employee who qualifies and makes a request for such hours based on a personal or family emergency. All decisions of the Personnel Officer shall be final and binding and will not be grievable or arbitrable. 240 ---PAGE BREAK--- ARTICLE 37 EMPLOYEE LISTING Annually, upon written request of the Union President, the Personnel Officer will provide the Union 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, and grade level. Article 38 Discipline and Discharge Section 1. Exercise of Rights. No bargaining unit member shall be disciplined or otherwise removed except for just cause as determined by the arbitrator hearing the case, and in accordance with the provisions of this Article. It is understood and agreed that any bargaining unit member against whom a disciplinary action or measure is proposed may elect to follow Section 75 or 76 of the Civil Service Law or choose the alternate disciplinary appeals procedure set forth in this Article. A bargaining unit member’s selection of one procedure shall preclude the use of the other, and the rights of the use of the other shall be deemed waived. No disciplinary actions or measurers shall be commenced more than eighteen months after the occurrence of the alleged incompetency or misconduct complained of and described in the charges except such time limitation shall not apply where the act(s) would, if proven in a court of appropriate jurisdiction, constitute a crime. Disciplinary actions or measures may be taken against bargaining unit members for misconduct or incompetence. Whenever the Sheriff seeks imposition of a disciplinary action against a bargaining unit member, the Sheriff shall notify the bargaining unit member, the Union President, and the Personnel Officer in writing of the specific act(s) of misconduct and/or incompetence the bargaining unit member is alleged to have committed and the proposed penalty. The written notification shall also contain a description of the charges and specifications. The notification to the Union shall be sent at the same time the notice is sent to the bargaining unit member, or if hand delivered to the bargaining unit member, within twenty-four (24) hours of the time that the notice is given to the bargaining unit member. It is understood and agreed that any bargaining unit member covered by this agreement shall be entitled to Union representation or their own attorney at their own expense at any stage of a disciplinary proceeding, whether pursuant to Section 75 and 76 or the alternate appeals procedure of this Agreement. A bargaining unit member may be suspended without pay for a period not to exceed ninety (90) days for each disciplinary action. The parities acknowledge that any period of suspension without pay of less than ninety (90) days shall be immediately imposed by the Sheriff upon issuance of the written notification of charges subject to appeal as set forth below. In the event that period of suspension exceeds ninety (90) days, the bargaining unit member may be suspended for ninety (90) days pending the final imposition of a penalty by the arbitrator. The parties acknowledge that the arbitrator or hearing officer may include the period of suspension as part of the penalty, if the member is found guilty of the charges and that if the member is found not guilty of the charges the member will be paid for any period of suspension without pay within three weeks of the finding of not guilty. Section 2. Alternate Disciplinary Appeals Procedure. Upon receipt of written notification of charges, a bargaining unit member shall have ten (10) calendar days to file with the Sheriff a written answer to the charges; a copy of the response shall be sent to the Union and the Personnel Officer. The bargaining unit member, in his/her response, may deny the charges, may admit to the charges and accept the penalty proposed, or admit the charges but reject the penalty proposed. If the bargaining unit member denies the charges, or admits the charges but rejects the proposed penalty, he/she shall also include in the response whether he/she desires to process the matter under Section 75 and 76 of the Civil Service Law or the procedures set forth in this Article. In addition, the bargaining unit member will indicate whether or not he/she will be represented by the Union or his/her own private attorney or have no representation. 241 ---PAGE BREAK--- Upon receipt of the answer, the parties shall select an arbitrator in accordance with Article 39 of this Agreement, or schedule a Civil Service hearing in accordance with Section 75 of the Civil Service Law, whichever procedure the bargaining unit member has elected. All fees and expenses of the arbitrator/hearing officer shall be divided equally between the County and the Union, or the county and the bargaining unit member, if not represented by the Union. Disciplinary matters may be settled at any time following the service of notification of discipline. In any case where a bargaining unit member has been served with charges, a meeting shall be convened by the Sheriff, if requested by the member, within seventy-two hours of the request, to discuss a settlement. Such meeting shall include the Union President or his/her designee, the bargaining unit member, the Sheriff or his/her designee, the Personnel Officer, or his/her designee, and any other parties the Sheriff feels appropriate. The terms of any proposed settlement shall be reduced to writing. The bargaining unit member, the Union representative, and the Personnel Officer shall be provided with copies of the settlement at the time the settlement is made. Article 39 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. Union County Police Association of Cortland b. Grievant Union or a member of this bargaining unit c. Grievance any alleged violation of the terms and conditions of employment as defined in this Agreement, including any misinterpretation or misapplication of this Agreement. d. Supervisor the officer on a higher level of authority above the employee e. Department Head the Sheriff f. Designee the person appointed by the Sheriff or County to act on his/her behalf in matters pertaining to this Agreement g. Representative any person authorized by the Union to represent the grievant in procedures hereunder, if the grievant chooses representation h. Day one full working day in which the employee worked, or was scheduled to have worked, after the day the grievance was filed. i. Class Action Union may file a class action if the grievance involves more than one Union employee. Section 3. Copies of the grievance and all replies for grievances at Level I and/or Level II shall be sent by the supervisor and/or the Sheriff to the grievant, the Personnel Officer, and union president. Section 4. Resolutions or settlements at Levels I and II shall be in writing and signed by both the Sheriff and the Union President. Section 5. Procedure for Level I A. Within ten (10) working days of the occurrence of the alleged grievance, or within ten (10) working days within which the grievant knew of the alleged grievance, the grievant, with or without union 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. 242 ---PAGE BREAK--- C. At the option of either the Union President or the Sheriff, 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 Sheriff. B. Within ten (10) working days of the receipt of the written grievance, the Sheriff shall convene a meeting with the grievant, the grievant’s Union representative if there is one, and any other persons deemed appropriate by the Sheriff for the purpose of resolving the grievance. C. If the grievance is not resolved at the meeting, within five working days, the Sheriff shall deliver in writing, his/her decision on the grievance to the grievant, the Personnel Officer, and Union unit president. D. If a meeting is not convened, the Sheriff 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 Union unit president. Section 7. Procedure for Arbitration A. Within ten (10) working days after the reply and decision of the Sheriff (Level II), the Union may submit to the Personnel Officer/Sheriff a letter of intent to file binding arbitration. B. The arbitrator shall be selected from the permanent panel set forth in Section 8 below. C. The cost of arbitration shall be shared equally by the County and Union. D. The arbitrator shall place his/her decision in writing within thirty calendar days of the close of the arbitration, 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 violates the Agreement, nor shall she/he have the power to alter, add to, or detract from this Agreement. E. The decision of the arbitrator is final and binding. Section 8. Permanent Panel for Arbitration A. The Permanent Panel of Arbitrators will consist of five arbitrators listed below: 1. Thomas Rinaldo 2. Jeffrey Selchick 3. Shelia Cole 4. Stuart Pohl 5. Paul Zonderman B. Once the list of arbitrators is established, they will be selected as follows: 1. Arbitrators will be assigned in the order in which they appear on the list. 2. When a grievance is moved to arbitration, the Personnel Officer will notify the Union of the name of the arbitrator that is to be selected according to the list. 3. The Union will have five working days to object to the arbitrator. 4. If the Union objects, the County will move to the next arbitrator on the list. 5. If the County objects to the next name on the list, it will then move to the following arbitrator on the list, who will then be assigned the case. C. The arbitrator who is selected will be notified of his/her assignment to the case by the filing of a Demand of Arbitration and simultaneously serving a copy upon the County. 243 ---PAGE BREAK--- D. Either party may strike one name from the above list of arbitrators at any time during the life of the contract by giving written notice to the other party. E. If a name is stricken from the list, the County and the Union will meet within ten (10) working days to select a replacement. F. If the parties are unable to agree on a replacement, the Union will ask PERB for a list of nine arbitrators. G. The parties will meet within ten (10) working days after the receipt of the list from PERB and flip a coin to determine who goes first. H. The parties will alternately strike names, and the last remaining name will be the replacement on the list. ARTICLE 40 EXCESSIVE ABSENTEEISM, TARDINESS, EARLY DEPARTURE, OR ABUSE OF SICK LEAVE It is understood that excessive absenteeism, excessive tardiness, excessive early departure, or the abuse of sick leave constitutes just cause for discipline and it is the intent of the County to take corrective action. ARTICLE 41 WORKERS' COMPENSATION Section 1. The County shall provide Workers' Compensation Insurance, in compliance with the New York State Workers' Compensation Law. Section 2. An employee may elect to use sick, vacation, or personal leave or floating holidays for absences related to a Workers' Compensation Claim provided she/he indicates his/her intentions in writing at the time she/he is claiming to be paid benefit time, files all required paperwork, and assigns his/her workers' compensation entitled to the County. The County shall credit the employee's appropriate 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 42 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 43 Department Weapon Upon Retirement Upon the retirement of a member in good standing, the Department-issued weapon will become the property of the bargaining unit member. It will also be a requirement that the bargaining unit member possess a valid NYS pistol permit. ARTICLE 44 MANDATORY SUBSTANCE ABUSE TESTING POLICY SUBSTANCE AND ALCOHOL ABUSE POLICY AND TESTING PROCEDURE Introduction It is the policy of the County of Cortland to eliminate the use of alcohol and drugs in the workplace and to provide rehabilitation and treatment services to those employees who recognize 244 ---PAGE BREAK--- and seek assistance with problems related to the use of drugs or alcohol. Absenteeism, disciplinary problems, high utilization of health insurance and accidents have all been shown to be adversely affected by substance abuse. It is the purpose of this policy to eliminate the use of alcohol and drugs in the workplace with the goal of creating a safer, healthier and more efficient workplace while providing support and assistance to employees who affirmatively act to treat problems with drugs or alcohol. Section 1 Alcohol/Drug Testing 1.1 Upon reasonable suspicion to believe an employee is under the influence of alcohol or drugs, the County may require such employee to submit to an alcohol test, as set forth in paragraph 2.1 below. A positive test for alcohol is any result above 0.00%. The test shall not be administered until thirty (30) minutes after notification to submit, as set forth in paragraph 2.1 below. Reasonable suspicion to believe an employee is under the influence of alcohol or drugs exists when objective facts and observations are brought to the attention of the department head/supervisor, as hereinafter defined, and based upon the reliability and weight of such information, he/she can reasonably infer or suspect that the employee is under the influence of alcohol or drugs. Reasonable suspicion must be supported by specific articulable facts and a written report of the findings and facts provided to the employee. Section 2 Testing Procedures 2.1 Tests for Alcohol: 2.1.1 Tests for alcohol shall only be conducted by a breath alcohol technician using a Datamaster breath-testing device. Such device shall be approved by the National Highway Traffic Safety Administration and placed on the Conforming Products List of Evidential Breath Measurement Devices. 2.1.2 A department supervisor who has not observed or witnessed the alleged violation will administer the alcohol test using the Datamaster device. The supervisor shall be certified to use and operate the Datamaster device. 2.1.3 The person designated to make the determination of reasonable suspicion shall not administer the test. 2.1.4 An employee shall be paid for all time pertaining to an alcohol test including providing a breath sample and travel time to and from the test site. Such time shall be considered as time worked for the purpose of computing overtime and employee benefits. 2.1.5 Tests for alcohol shall only be conducted during an employee's regularly scheduled work hours. 2.2 Tests for Prohibited Drugs: 2.2.1 Tests for prohibited drugs shall be conducted only by urinalysis and shall be performed only by Department of Health and Human Services certified laboratories. The County agrees to the use of an outside organization to conduct the testing. 2.2.2 A specimen may be tested only for cocaine, marijuana, opiates, amphetamines and A specimen may not be used to conduct any other analysis or test, except as hereinafter described. 245 ---PAGE BREAK--- 2.2.3 The specimen will be sent to a laboratory certified by the Department of Health and Human Services and tested for the substances set forth in 2.2.2. Any level which tests positive at the highest cutoff levels as set forth in Federal Regulations 49 CFR40, on an initial screening test will be confirmed by Gas Chromatography/Mass Spectrometry (GC/MS). Only those specimens which are confirmed as positive in the GC/MS tests are reported as such. Both specimens will be paid for by the County. 2.2.4 A "split sample" method of collection shall be used. The employee shall urinate into a collection container which the collection site person, in the presence of the donor and after determining specimen temperature, pours into two specimen bottles. A. The first bottle is to be used for the test pursuant to this procedure and 60 ml. of urine shall be poured into it. Up to 60 ml. of the remainder of the urine shall be poured into the second specimen bottle. B. All requirements of this procedure and any applicable regulations shall be followed with respect to both samples, including the requirement that a copy of a chain of custody form accompany each bottle processed. C. Any specimen collected under "split sample" procedures must be stored in a secured, refrigerated environment and an appropriate entry made in the chain of custody form. D. If the test of the first bottle is positive, the employee may request that the Medical Review Officer (MRO), as hereinafter defined, direct that the second bottle be tested for presence of the drug(s) for which a positive result was obtained in the test of the first bottle. If the result of the second test is negative, no further action shall be taken against the employee. 2.2.5 Visual observation of urination shall be by an individual that is the same gender as the employee providing the specimen. 2.2.6 In accordance with the Federal Regulations, the employee shall be permitted to be present to observe the sealing and tagging of the specimen containers. 2.2.7 An employee shall be paid for all time pertaining to a drug test including providing a urine sample and travel time to and from the collection site in the event the test is negative. Such time shall be considered as time worked for the purpose of calculating overtime and employee benefits. If an employee tests positive for prohibited drugs following a reasonable suspicion test, the County shall not be obligated to pay the employee beyond the regular hours of work. 2.2.8 All drug testing shall be conducted during an employee's regularly scheduled work hours or the two hours immediately preceding, or subsequent to, a regularly scheduled tour of duty. The payment of overtime shall be as set forth in Section 2.2.7 above. The County reserves the right to have the drug test conducted at a certified hospital emergency room in the event the laboratory used is not open for business. 2.2.9 Each drug test shall be reviewed by the MRO to ensure compliance with all procedures, as well as all Federal Regulations, including the validity of the test. 246 ---PAGE BREAK--- Section 3 Random Alcohol/Drug Testing 3.1 Random Alcohol/Drug Tests: The County shall not administer random drug testing to more than 33.3% of the employees annually covered by the collective bargaining agreement. The random alcohol and/or drug tests will be performed by an outside agency of the County’s choosing. 3.2 Union Observation: During random tests, the Union shall be afforded an opportunity to be present to observe the testing, subject to the consent of the individual to be tested. Reasonable efforts shall be made to contact the Union representative of the employee being tested and to give such representative the opportunity to accompany an employee throughout the testing process if requested by the employee. The Union representative shall have thirty (30) minutes to respond to the testing location from the time contacted, at which time the testing shall begin. 3.3 Selection of Employees: The County shall select employees for testing only through a computer-based random number generator utilizing an appropriate employee identification number. Upon request, the County shall provide the Union with a list of all employees tested, as well as the computer-generated list, so the Union can verify the randomness. 3.4 Limitations: No employee shall be subject to random drug testing more than two times in any twelve (12) month period. Section 4 Reasonable Suspicion Testing 4.1 Determination of Reasonable Suspicion: The persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol or drug testing (hereinafter referred to as the “designated supervisor”) shall be the department head/supervisor who must be of the rank of Sergeant or above. 4.2 Removal Based on Behavior or Appearance Alone: Whenever no approved testing devices are available and an employee is removed from the employee’s safety-sensitive function based on behavior and/or appearance alone, the employee shall be assigned to duties within the employee’s job description which do not require the performance of safety- sensitive functions, or the employee shall be sent home without loss of pay or leave credits. 4.3 Documentation of Reasonable Suspicion: Whenever the designated supervisor finds the available facts objectively indicate that reasonable suspicion exists that a test of the employee would yield a positive result for the misuse of alcohol or prohibited drugs, and as soon as practicable after an order to test is given, without causing an undue delay in the testing process, the County shall document the facts contributing to and forming the basis for the reasonable suspicion. These facts shall include, but not be limited to: a description of the employee’s appearance, behavior and speech; names of witnesses to the employee’s appearance, behavior and speech, where practicable; if the employee’s appearance, behavior or speech is not the basis for testing, the facts used to support a determination of reasonable suspicion and the source of the information. A written memorandum setting forth the basis of the reasonable suspicion shall be provided to the affected employee within twenty-four (24) hours of the test decision. 4.4 Initial Training of Supervisors: Supervisors designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol or drug testing shall 247 ---PAGE BREAK--- receive one hour of formal training on the physical, behavioral, speech and performance indicators of probable misuse of alcohol or use of prohibited drugs. Such training must be completed before the supervisor can require an employee to undergo a test. 4.5 Follow-up Training of Supervisors: Supervisors designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol or drug testing shall attend a refresher course each year on the physical, behavioral, speech and performance indicators of probable misuse of alcohol or use of prohibited drugs. If a supervisor has not attended and completed the refresher course within twelve (12) months of the previous course, the supervisor shall not qualify as a designated supervisor with authority to require an employee to undergo a test. Supervisors who have completed the Municipal Police Training Council Supervisory Course, or the refresher course, within the preceding twelve (12) month period will be considered as designated to determine reasonable suspicion. 4.6 Right to Representation: During reasonable suspicion testing, the Union shall be afforded an opportunity to be present to observe the testing, subject to the consent of the individual to be tested. Reasonable efforts shall be made to contact the Union representative of the employee being tested and to give such representative the opportunity to accompany an employee throughout the testing process if requested by the employee. The Union representative shall have thirty (30) minutes to respond to the testing location from the time contacted, at which time the testing shall begin. 4.7 Statement of Charges and Facts: When a decision is made to test, and to the extent practicable without unduly delaying the testing process, the employee shall be given a verbal explanation of the charges and the factual basis for the reasonable suspicion which shall include a description of the conduct leading to the formation of a reasonable suspicion and the relevant dates, places and times thereof and source of information. A written memorandum setting forth the basis of the reasonable suspicion shall be provided to the affected employee within twenty-four (24) hours of the test decision. If the employee has requested the opportunity to consult with a Union representative, this explanation shall be made in the presence of a Union representative. If this cannot be done prior to the test, then it shall be done as soon as practicable thereafter. Section 5 Consequences of Positive Test 5.1 Disciplinary Action: If an employee tests positive for alcohol or controlled drug use and the County determines that formal disciplinary action is warranted, it shall be processed through the applicable disciplinary procedure. 5.2 Reassignment to Non-safety-sensitive Job Duties: If an employee seeks evaluation and treatment pursuant to Section 6.1 of this procedure, or pursuant to Section 6.2 of this procedure and the County believes such a referral is appropriate under the circumstances, the County shall make every reasonable effort to assign the employee to duties within the employee’s job description excluding safety-sensitive functions until the employee has been recommended by the substance abuse professional for return to full duty provided that said assignment is not inconsistent with the goals and functions of the police department. 5.3 Reassignment to Another Non-safety-sensitive Position: If the County is not able to assign an employee to duties within the employee’s job description pursuant to Section 5.2 above, the County shall make every reasonable effort to assign the employee to another position which does not require the performance of safety-sensitive functions until the 248 ---PAGE BREAK--- employee has been recommended by the substance abuse professional for return to full duty in the employee’s normal position provided that said assignment is not inconsistent with the goals and functions of the department to which he has been assigned. 5.4 Leave Pending Disciplinary Actions: If the County is not able to assign the employee to another position which does not involve safety-sensitive functions pursuant to Section 5.3 above, and is not under suspension, the employee shall be entitled to utilize available leave time unless the employee takes a leave of absence in accordance with Section 6.6. 5.5 Other Alcohol-related Conduct: Whenever an employee is found to have an alcohol concentration above 0.00%, the employee shall be relieved of his/her work assignment for that day. The relieved employee shall have the option to credit that day to any leave time to which he/she is entitled. Section 6 Referral, Evaluation and Treatment 6.1 Employees with an alcohol and/or drug dependency problem, who wish to avail themselves of rehabilitative services or other means of rehabilitation, should pursue help before they are required to undergo either random or reasonable suspicion testing. Prior to being notified that he/she will be tested for drugs or alcohol, an employee may notify the Sheriff that he/she is abusing or misusing drugs or alcohol. An employee who has admitted to such conduct shall be permitted to enter a rehabilitation program for treatment; however, nothing in this section shall be construed to restrict the County from utilizing the applicable disciplinary procedure for conduct other than the reported alcohol and/or drug dependency problem. The time required to be absent from work for such rehabilitation shall be subject to the terms of Section 6.6 of this procedure. An employee who admits to such conduct and enters and successfully completes a rehabilitation program shall not be subject to discipline for that referral. 6.2 The County, in its discretion, except as required in Section 6.1 above, may assist employees who have a drug or alcohol dependency problem to recover from such addictions, provided the employees seek and accept assistance. This will be kept confidential and is unrelated to the drug and alcohol testing process. The County may provide assistance, referral and advise employees with respect to drug and alcohol abuse when requested. Failure to meet rehabilitation requirements may lead to disciplinary action pursuant to the applicable disciplinary procedure. This is to be considered an employee benefit, not an excuse to condone the use of drugs or alcohol in the workplace. 6.3 Designation of Substance Abuse Professional: The substance abuse professional shall be either a licensed physician or a licensed or certified social worker or addiction counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission with clinical experience in the diagnosis and treatment of alcohol and prohibited drug related disorders. 6.4 Rehabilitation Program: The County shall make available to bargaining unit members, a rehabilitation program through the contractual health insurance provider. 6.5 Upon request, an employee shall be provided copies of any reports, results, etc., which are provided to the County by the Substance Abuse Professional (SAP) or rehabilitation program. Such request shall be in writing. 6.6 Rehabilitation/Leave of Absence: An employee may use all accumulated sick leave credits, vacation leave credits, holidays and other such accrued leave time up to the limits set forth in the collective bargaining agreement or other applicable laws, rules or regulations, 249 ---PAGE BREAK--- including any discretionary leave rights prior to requesting a leave of absence. An employee may request a leave of absence without utilizing the said leave credits noted herein above. A leave of absence without pay will be allowed for treatment on an in- patient or outpatient basis. Nothing herein shall be construed to diminish any rights which may apply under the Americans With Disabilities Act, the Family Medical Leave Act or other relevant laws. 6.7 The County will use its best efforts to schedule employees participating in a rehabilitation program to minimize conflicts with the requirements of the rehabilitation program. 6.8 Return to Work: Reinstatement to the employee’s position or an equivalent position after completion of a rehabilitation program shall occur upon certification from the program that the employee has satisfactorily participated in the program and the program recommends return to regular duty assignment. The County’s final decision as to whether to permit an employee to return to full duties in the employee’s position or an equivalent position shall be made after consultation with the SAP. 6.9 An employee who enters a rehabilitation program shall not be entitled to enter such a program if he/she should again test positive, unless the County shall agree. Employees who are arrested for a crime, including drugs or whose use of drugs or alcohol, has become known to the County through the employees involvement in an accident that resulted in physical injury or property damage, shall be able to enter a rehabilitation program only with the consent of the County. 6.10 Follow-up Testing - Frequency: The number and frequency of follow-up tests shall be as directed by the SAP and consist of at least six tests in the first twelve (12) months following the employee’s return to duty involving a safety-sensitive function. The County shall not impose follow-up testing beyond the first six tests unless the SAP determines that such further testing is necessary for that particular employee. The total period of follow-up testing shall not in any event exceed sixty (60) months from the date of the employee’s return to duty. Section 7 Medical Review Officer 7.1 The Medical Review Officer (MRO) is a physician knowledgeable in the medical use of prescription drugs, the pharmacology and toxicology of illicit drugs. The MRO's primary responsibility is to review and interpret positive test results. In fulfilling these responsibilities, the MRO is to be guided by the U.S. Department of Health and Human Services (DHHS) Mandatory Guidelines. The County and the affected employees shall agree on the appointment of an MRO. The employee’s consent to the appointment shall not be unreasonably withheld. 7.2 If any question arises as to the accuracy or validity of a positive test result, the MRO should, in collaboration with the laboratory director and consultants, review the laboratory records to determine whether the required procedures were followed. The MRO then makes a determination as to whether the result is scientifically sufficient to take further action. If records from collection sites or laboratories raise doubts about the handling of samples, the MRO may deem the urinary evidence insufficient and no further actions relative to individual employees will be taken. 7.3 The MRO must also assess and determine whether alternate medical explanations could account for any positive test result. In reviewing the laboratory results, the MRO shall 250 ---PAGE BREAK--- conduct a medical interview with the employee, review the employee's medical history, and review any other relevant biomedical factors. The MRO shall also review any information provided by an employee attempting to show legitimate use of a drug. 7.4 The MRO must ultimately determine whether some reason other than illegal drug use explains a drug-positive urine. If the MRO verifies illegal drug use, the information related to the use of illegal drugs will be disclosed to the Sheriff. Any medical information provided to the MRO that is not specifically related to use of illegal drugs will be treated as confidential and not disclosed. If it is determined with reasonable certainty that there is a legitimate medical or other reason to account for the positive laboratory findings, no information identifying the specific employee will be disclosed and the test results will be reported as negative. Section 8 Program Confidentiality 8.1 The results of all individual drug and alcohol tests will be kept in a secure location with controlled access. 8.2 All individual test results will be considered confidential. The release of an employee’s results will only be given in accordance with the individual employee’s written authorization, or as is otherwise required by applicable federal or state law or for use in a disciplinary hearing pursuant to this procedure. 8.3 It is understood that any medical explanation given by an employee to any person involved in this process is strictly confidential. Section 9 Disputes - Grievance Procedure 9.1 Any dispute, violation, misapplication or misinterpretation of the Substance Abuse Policy and Testing Procedure shall be subject to and go directly to arbitration of the Grievance Procedure as set forth in the collective bargaining agreement. Section 10 Department Head 10.1 The Department Head shall be the Sheriff for the purposes of this procedure. Article 45 GOVERNING LAWS AND STATUTES The Public Employees' Fair Employment Act of the State of New York, the other provisions of the State Civil Service Law, and local laws or resolutions now or hereafter adopted by the County which are not inconsistent with this contract shall govern the terms of this agreement. Article 46 SAVINGS CLAUSE In the event any provisions of this Agreement shall conflict with any of the provisions or requirements of any state or federal laws, the provisions of the state or federal law shall prevail and the agreement shall not be invalidated by such a conflict. Article 47 AGREEMENT DISTRIBUTION 251 ---PAGE BREAK--- 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 the Union agree that the costs of printing and distributing this Agreement shall be shared equally and will not exceed $250.00 per party. The Union will receive enough copies for all members and 20 additional copies. Article 48 DURATION This Agreement is effective January 1, 2012, shall remain in force and effect through December 31, 2016. Article 49 TAYLOR LAW (Section 204-A) IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. For the County For CPAC Mike Park Troy Boice Chairman, County Legislature President, CPAC Martin Murphy Member, CPAC Cortland County Administrator Lee A. Price Cortland County Sheriff Annette D. Barber Cortland County Management Rep. 252 ---PAGE BREAK--- APPENDIX B UNIFORM/EQUIPMENT LIST Item Quantity Provided to New Hire Stetson Hat 1 Stetson Hat Rain Cover 1 Long Sleeve Shirt 3 Short Sleeve Shirt 3 Shoulder Patches 16 Collar Brass 2 Badge 1 Off-Duty Badge Holder 1 Badge patches for Jackets and Golf Shifts 3 Name Tag 2 American Flag Pin 1 Tie 2 Pants 3 Boots 1 pair Trouser Belt 1 Duty-Equipment Belt – Basket Weave 1 Double Ammo Pouch – Basket Weave 1 Duty Holster – Basket Weave 1 Off-Duty Holster 1 ASP – Collapsible Baton 1 ASP Holder – Basket Weave 1 Handcuffs & Keys 2 pair Handcuff Case (one open & one closed) 2 Latex Glove Case 1 Pepper Spray Holder – Basket Weave 1 Duty Belt Keepers – Basket Weave 1 Black Socks 6 pair Winter Jacket 1 Lightweight Jacket 1 Raincoat 1 Black t-shirts 5 Winter gloves 1 pair Winter head band 1 Citation/Ticket Book – Metal 1 Turtlenecks 3 Report Writing Clipboard/Report Case 1 BDU Uniform Pants 1 pair Department Range Golf Shift 1 Department Baseball Cap with Patch 1 Dress Blouse 1 Bullet proof vest 1 Pistol 1 Flashlight 1 Flashlight Case 1 Pepper spray 1 253 ---PAGE BREAK--- APPENDIX C CORTLAND COUNTY PERSONAL PROPERTY REPORT Directions: Employee: Complete Section 1 and give to your supervisor by the end of the shift Supervisor: Complete Section 2 and then forward this report to the Sheriff within two working days of receipt. Sheriff: Forward to the Personnel Office Section 1: Sheriff's Department Division: Name of Employee(s) Completing this Report: Employee Who is Property Owner: Employee Hire Date: Home Address of Property Owner: Home Telephone Number of Property Owner: Date of Incident: Time of Incident: Location of Incident: Description of Damaged Property: STATEMENT: Describe who, what, when, where, why, and how: Were there other witnesses? ( ) Yes ( ) No Use reverse side if more room is needed for witnesses. Witness Name: Witness Telephone Number: Witness Name: Witness Telephone Number: Signature of individual completing this section: Date: Section 2: Supervisor's Review and Comments: Property inspected or received Yes ( ) No ( ) Supervisors' Signature: Date: Sheriff's Signature: Date: Date Incident Reported: Date Report Completed: APPENDIX D 254 ---PAGE BREAK--- CANINE OFFICER COMPENSATION AGREEMENT BY and BETWEEN THE COUNTY OF CORTLAND, AND THE CORTLAND POLICE ASSOCIATION OF CORTLAND AGREEMENT , by and between THE COUNTY OF CORTLAND, with offices at the 60 Central Avenue, Cortland, New York (the “County”), the SHERIFF and the CORTLAND POLICE ASSOCIATION OF CORTLAND (the “Association”) concerning the reasonable compensation of canine officers for any and all off-duty work including, but not limited to, the training, boarding, caring, feeding, walking, grooming, and general maintenance of assigned canines. WHEREAS, the purpose of this agreement is to state the legal duties and obligations of all parties and to reasonably compensate canine officers for the off-duty training, boarding, caring, feeding, walking, grooming, and general maintenance of their respective canines, in full accordance with the Fair Labor Standards Act of 1938 (“FLSA”); and WHEREAS, the County and the Association seek to resolve and avoid any potential FLSA claim against the County and/or the Association, with the full involvement of the County’s canine officers and negotiate the hours and rate of pay to be paid to canine officers as compensation for any and all off-duty time spent canine training, caring, feeding, grooming, caring and general maintenance and provide for his future compensation for such activities; and WHEREAS, the County and the Association seek to establish, with the full involvement of the canine officers, and any future County Police Officer/Deputy Sheriff canine officers, fair and adequate compensation for any and all off-duty time to be spent canine training, caring, feeding, grooming, caring and general maintenance; and WHEREAS, this Agreement was reached after extensive, good faith negotiations between all parties, including the individual canine officers, for the mutual benefit of all parties, (ii) was not unilaterally imposed by any party to this agreement, and (iii) took into consideration all of the pertinent facts, including, but not limited to, the number of hours spent training, caring and maintaining the canines while off-duty and attributable to the canine officer’s “police” duties; NOW, upon the mutual promises contained herein as well as good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The County shall have the exclusive option of retaining for law enforcement purposes one or more canines specially trained or to be trained in law enforcement tactics. The authority as to whether or not to retain such canine(s) remains solely with the County and the County retains the authority to discontinue the use of canines in its law enforcement function at any time. 2. The parties agree that any and all canines assigned to a canine officer shall, at all times, remain County property and are not to be used for other than County related purposes, including but not limited to, breeding. 3. Canine officers will be compensated hours for every week, at the overtime rate of time and one-half (1½) the then-current state mandated minimum wage, Eight Hours per week is a reasonable number of hours attributed to the off-duty training, boarding, caring, feeding, walking, training, grooming, and general maintenance of the canine[s] and that the minimum wage is a reasonable and legal hourly wage-rate; 255 ---PAGE BREAK--- 4. The County will not suffer or permit the canine officer to work overtime for canine related reasons without direct order of the Sheriff or his designee. 5. All training and tracking exercises required in excess of the daily norm shall be performed during the canine officer’s normal designated shift, when possible. For example, if the canine officer and canine must attend an all day training session, it should take place, when possible, on a normally scheduled work day. Any such training shall be approved by the Sheriff. It is agreed that the County shall have the right to assign the canine officer to a different shift to accommodate training requirements from time to time 6. Time spent by the canine officer commuting to and from work shall not be compensable simply because a canine is being transported. The canine officer shall not be required, suffered or permitted to do any work for the benefit of the County during this preliminary and postliminary time unless called to service by an emergency call. 7. It is agreed that any off-duty care activities of the canine officer, not specifically set forth in this agreement, shall be at a minimum and it is agreed that they are covered and included in this agreement. 8. The canine officer’s off-duty compensation for the above stated duties and responsibilities can only be adjusted, increased or decreased, after mutual negotiations concerning the reasonableness of the number of hours spent performing the above duties or responsibilities, or by a change in the state minimum wage-rate; 9. Canine officers must immediately notify the Cortland County Sheriff, or his designee, in writing when, for whatever reason, the agreed-to-number of hours is no longer considered a reasonable number of hours by the canine officers. Such notice shall include a detailed and accurate record of hours worked, including hours spent on the canine duties enumerated herein in two week intervals for a period of three months. It is agreed that failure to so notify the County will not impute any knowledge whatsoever to the County; 10. Any and all times during which the canine are not in the custody or possession of a canine officer including, but not limited to, to kenneling the canine, is not compensable hereunder; 11. Upon proper and appropriate notification and three months of verified canine time records, the County will in good faith, and within a reasonable time period, enter into negotiations with the Association and the canine officers to mutually and equitably resolve any issue regarding an increase in hours attributable to the care, maintenance, training and grooming of the canine; 12. The current uniform allowance provided to each canine officer shall be sufficient to cover all cleaning and care of the canine officer’s uniform. It is agreed that this agreement shall require no additional time or effort on the canine officer’s behalf in this regard. 13. The canine shall be housed in a kennel while on the canine officer’s premises. 14. The canine shall be under the constant supervision and control of the canine officer, both on and off duty. 15. The Cortland County Sheriff, or his designee, shall have the right to inspect the living conditions of the canine and/or remove the canine and canine supplies; 16. Canine Officers shall house, feed and care, obtain necessary medical care for the canine outside of working hours; 256 ---PAGE BREAK--- 17. The canine officer shall immediately notify the Cortland County Sheriff of any problems relative to the care or health of the canine. 18. All food supplies, grooming tools, training tools, leashes, fenced kennel (including a cement pad or equivalent), veterinary services and other miscellaneous products necessary to care for the canine shall be provided by the County. Time spent traveling to and from veterinary visits as well as the time spent at the veterinarian’s office shall be included within the canine officer’s pay period totals. 19. This Agreement contains the entire understanding between the parties relating to term, conditions, and obligations contained herein, and this Agreement completely supersedes any prior written or oral agreements or representations concerning the subject matter hereof. Any oral representation or modification concerning this Agreement shall be of no force and effect. 20. The parties hereto agree that this Agreement shall be governed by and construed under the laws of the State of New York and applicable federal laws; 21. The parties agree that they will seek resolution of any and all disputes and/or disagreements between the parties, concerning the terms, conditions or obligations stated in this Agreement, through arbitration pursuant to Article 39 of the collective bargaining agreement between the County and the Association. 22. The parties agree that the provisions of this Agreement are severable, and if any provision hereof is found to be unenforceable, the other terms and conditions shall remain fully valid and enforceable. 23. The County will defend and indemnify each canine officer assigned to the K-9 unit for any injuries or damages caused by their dog which occur or are claimed to have occurred in the performance of their duty during the period in which such officer(s) are or were assigned to the K-9 unit. 24. All dogs purchased and provided to the K-9 unit shall remain the property of the County until the retirement of the dog from the K-9 unit. At the time, the canine officer assigned to that dog shall offer the opportunity to purchase the dog from the County for the sum of one dollar ($1.00) and, if purchased, shall be become the owner of the dog. 257 ---PAGE BREAK--- IN WITNESS WHEREOF, the undersigned have executed this Agreement with all due authorization as of the date first written above. THE COUNTY OF CORTLAND By: John Daniels, Chairman, Cortland County Legislature Dated: By: Lee Price, Sheriff Dated: THE COUNTY POLICE ASSOCIATION OF CORTLAND By: Robert Derksen, President Dated: 258 ---PAGE BREAK--- APPENDIX A Hire Rate Certified Rate 2nd Year 3rd Year 4th Year 5th Year 6th Year 7th Year 2012 CPO $17.4562 $19.2683 $22.1586 $25.0488 $25.4245 $25.8003 $26.1873 $26.5743 $36,448.5500 $40,232.2100 $46,267.1600 $52,301.8900 $53,086.3600 $53,871.0300 $54,679.0800 $55,487.1400 SGT $31.5453 $65,866.5900 LT $34.0308 $71,056.3100 CAPT $36.5163 $76,246.0300 Hire Rate Certified Rate 2nd Year 3rd Year 4th Year 5th Year 6th Year 7th Year 9th Year 2013 CPO $17.7180 $19.5573 $22.4910 $25.4245 $25.8059 $26.1873 $26.5801 $26.9729 $27.3781 $36,995.1840 $40,835.6424 $46,961.2080 $53,086.3560 $53,882.7192 $54,679.0824 $55,499.2488 $56,319.4152 $57,165.4728 SGT $32.4987 $67,857.2856 LT $35.0594 $73,204.0272 CAPT $37.6403 $78,592.9464 Hire Rate Certified Rate 2nd Year 3rd Year 4th Year 5th Year 6th Year 7th Year 9th Year 2014 CPO $17.9838 $19.8507 $22.8284 $25.8059 $26.1930 $26.5801 $26.9788 $27.3775 $27.7888 $37,550.1118 $41,448.1770 $47,665.6261 $53,882.6513 $54,690.9600 $55,499.2686 $56,331.7375 $57,164.2064 $58,022.9549 SGT $32.9862 $68,875.1856 LT $35.5853 $74,302.1064 CAPT $38.2050 $79,772.0400 Hire Rate Certified Rate 2nd Year 3rd Year 4th Year 5th Year 6th Year 7th Year 9th Year 12th Year 2015 CPO $18.2535 $20.1484 $23.1708 $26.1930 $26.5859 $26.9788 $27.3835 $27.7882 $28.2056 $28.6287 $38,113.3634 $42,069.8997 $48,380.6105 $54,690.8911 $55,511.3244 $56,331.7577 $57,176.7136 $58,021.6695 $58,893.2992 $59,776.7300 SGT $33.9832 $70,956.9200 LT $36.6609 $76,547.9600 CAPT $39.3597 $82,183.0500 Hire Rate Certified Rate 2nd Year 3rd Year 4th Year 5th Year 6th Year 7th Year 9th Year 12th Year 15th Year 2016 CPO $18.6186 $20.5514 $23.6342 $26.7169 $27.1176 $27.5184 $27.9312 $28.3440 $28.7697 $29.2013 $29.7853 $38,875.6368 $42,911.3232 $49,348.2096 $55,784.8872 $56,621.5488 $57,458.4192 $58,320.3456 $59,182.2720 $60,071.1336 $60,972.3100 $62,191.7100 SGT $35.3562 $73,823.7500 LT $38.1420 $79,640.5000 CAPT $40.9499 $85,503.3900 MEMORANDUM OF UNDERSTANDING 259 ---PAGE BREAK--- Between County of Cortland County And County Police Association of Cortland, Inc 1. The Union shall recognize the Sheriff as a joint Employer. 2. The Union shall recognize the title(s) County Police Officer (Deputy Sheriff) for the purpose of the retirement system and shall not pursue police officer status with the Police & Fire Retirement System. 3. Upon successful ratification of a Collective Bargaining Agreement by the County Legislature, all administrative charges at the PERB (with the exception of those related to 207-c until a policy can be agreed upon by both parties) will be withdrawn respectively by each party. 4. Upon successful ratification of a Collective Bargaining Agreement by the County Legislature, all court action(s) by the County against the union shall be withdrawn. 5. The Union shall also recognize the above title County Police Officer (Deputy Sheriff) for the purpose of interest arbitration, as afforded to Deputy Sheriffs. 6. Full Retroactivity shall be paid to all current full-time employees who worked during the expired Collective Bargaining Agreement no later than 60 calendar days after the ratification vote of the County Legislature of a Collective Bargaining Agreement entered into by the parties. The County shall provide each employee who worked during the expired collective bargaining agreement with a worksheet setting forth the calculations and what they represent. For the County For CPAC Date Date President, CPAC Chairman, County Legislature Date Lee A. Price Cortland County Sheriff AGENDA ITEM NO. 24 – Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU with Upstate CARE Program ON MOTION OF WHITNEY RESOLUTION NO. 198-13 Authorize MOU Agreement Cortland County District Attorney (Child Advocacy Center) MOU with Upstate CARE Program RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Kevin Whitney, Legislative District 13 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 260 ---PAGE BREAK--- WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the CAC, through the DA, wishes to enter into a memo of understanding with Upstate Golisano Children’s Hospital Child Abuse Referral and Evaluation (CARE) program for the specialized treatment of children whom have being either sexually or severely physically abuse and as well as for their participation on our multidisciplinary team, as these services do not exist in the Cortland community, for a total amount of $6,000, paid for through said NYS grant, as approved for the current fiscal year, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, be and hereby is authorized to sign such agreements as are necessary to enter into this memo of understanding and is hereby authorized to approve payment of such amount. Building & Grounds Committee Update Mr. Willcox said the renovations in Legislative Chambers are nearly complete and have gone very well. Budget & Finance Committee Update Mr. Pace gave an update from the Budget & Finance Committee. He said the foreclosure auction process is moving forward and an RFP will hopefully be sent out soon for an auctioneer. He said the committee will be looking into the possibility of "best value" purchasing, which would potentially allow the County to accept a bid that is not the lowest cost, based on other criteria that would prove to be a better value to the County. AGENDA ITEM NO. 25 – Re-Appoint Director of Real Property Mr. Pace said that Mr. Deal was previously filling the term left vacant by Bill Cinquanti, who passed away while in office. This is for a new six-year term. ON MOTION OF PACE RESOLUTION NO. 199-13 Re-Appoint Director of Real Property Re-Appoint Director of Real Property Tax Services Real Property WHEREAS, the Cortland County Legislature, through No. 80-13, appointed Randy Deal, as the Director of Real Property Tax Services beginning March 4, 2013 through September 30, 2013, AND WHEREAS, the duties and powers of the County Administrator as Chief Administrative Officer provide for the Administrator to monitor the department heads and provide general supervision to each department, AND RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 261 ---PAGE BREAK--- WHEREAS, Local Law No. 7 of year 2002 reserves and prescribes the duty to the County Administrator to make recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Legislature has received from the County Administrator the recommendation for re-appointment of Randy Deal as Director of Real Property Tax Services, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby re-appoint Randy Deal as Director of Real Property Tax Services from October 1, 2013 to September 30, 2019 to the position of Director of Real Property Tax Services for Cortland County and shall be compensated in accordance with the Management and Management Confidential Compensation Policy as may be amended from time to time. AGENDA ITEM NO. 26 – Authorize Agreement/Fiscal Advisors County Treasurer ON MOTION OF PACE RESOLUTION NO. 200-13 Authorize Agreement/Fiscal Advisors County Treasurer WHEREAS, Cortland County must comply with Securities and Exchange Commission Rules and Regulations (DEC15c2-12) and the Securities Exchange Act (17CFR Par 240), in relation to holding and issuing bonds, including secondary market disclosure, AND WHEREAS, Fiscal Advisors Marketing, Inc., 120 Walton Street, Suite 600, Syracuse, NY 13202, has provided these services to the County since at least 1998, AND WHEREAS, Resolution No. 60-11 authorized an agreement providing said services with an expiration date of December 31, 2012, 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 Fiscal Advisors & Marketing, Inc., 120 Walton Street, Syracuse, New York, to continue providing said services at a cost not to exceed $2,500.00 annually and shall be paid out of Account No. A97725.54055. AGENDA ITEM NO. 27 – Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, 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 $1,100,000, and Authorizing the Issuance of Up to $1,100,000 Bonds of Said County to Pay the Cost Thereof Chairman Park said these bonds are to pay for projects that have already been approved, and he called for a roll call vote, as a 2/3 majority is required to approve the sale of bonds. All members voting in favor; none opposed. The motion was approved with a weighted vote of 48,599. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 262 ---PAGE BREAK--- ON MOTION OF PACE RESOLUTION NO. 201-13 Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, 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 $1,100,000, and Authorizing the Issuance of Up to $1,100,000 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 Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”), NOW THEREFORE BE IT RESOLVED ON JULY 25, 2013 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 $1,100,000 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 $1,100,000 and that the plan for the financing thereof is by the issuance of up to $1,100,000 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. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 263 ---PAGE BREAK--- 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 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. 264 ---PAGE BREAK--- 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. 28 – Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, 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 $320,000, and Authorizing the Issuance of Up to $320,000 Bonds of Said County to Pay the Cost Thereof Chairman Park called for a roll call vote, as a 2/3 majority is required to approve the sale of bonds. All members voting in favor; none opposed. The motion was approved with a weighted vote of 48,599. ON MOTION OF PACE RESOLUTION NO. 202-13 Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, 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 $320,000, and Authorizing the Issuance of Up to $320,000 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 RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 265 ---PAGE BREAK--- 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”), NOW THEREFORE BE IT RESOLVED ON JULY 25, 2013 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 $320,000 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 $320,000 and that the plan for the financing thereof is by the issuance of up to $320,000 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 266 ---PAGE BREAK--- 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. 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. 267 ---PAGE BREAK--- 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. 29 – Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, 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 $180,000, and Authorizing the Issuance of Up to $180,000 Bonds of Said County to Pay the Cost Thereof Chairman Park called for a roll call vote, as a 2/3 majority is required to approve the sale of bonds. All members voting in favor; none opposed. The motion was approved with a weighted vote of 48,599. ON MOTION OF PACE RESOLUTION NO. 203-13 Bond Resolution of the County of Cortland, New York, Adopted on July 25, 2013, 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 $180,000, and Authorizing the Issuance of Up to $180,000 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”), NOW THEREFORE BE IT RESOLVED ON JULY 25, 2013 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. RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 268 ---PAGE BREAK--- 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 $180,000 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 $180,000 and that the plan for the financing thereof is by the issuance of up to $180,000 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. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of 269 ---PAGE BREAK--- 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 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 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. 270 ---PAGE BREAK--- AGENDA ITEM NO. 30 – Authorize Transfer of County Property to Cortlandville ON MOTION OF PACE RESOLUTION NO. 204-13 Authorize Transfer of County Property to Cortlandville WHEREAS, the County of Cortland by virtue of a tax foreclosure has taken title to the following properties in the town of Cortlandville: 86.09-04-01.200 86.09-04-10.100 76.14-04-05.000 , AND WHEREAS, the Cortland County Highway and Budget & Finance Committees have deemed no value to said properties, AND WHEREAS, the Town of Cortlandville has expressed an interest in the properties to be used for municipal purposes, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby conveys said properties to the town of Cortlandville and authorizes the Chairman of the Cortland County Legislature, upon approval of the County Attorney, to execute any and all documents including a deed in order to complete the transfer. Announcements Mr. Boylan announced that Chairman Park will hold a special meeting of the Legislature Aug. 12 at 6 p.m. to discuss the possibility of implementing a County Comptroller position. Mr. Boylan and Ms. Briggs announced that legislators, department heads and friends and family are welcome to attend a reception for Mr. Cornell in Room 304 immediately following the meeting. Adjourn RESULT: MOVER: AYES: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Cornell, Price 271 ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Monday, August 12, 2013 6:00 PM Board Room 272 Call to Order PRESENT: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner ABSENT: Cobb (Excused), Willcox Jr. (Excused), Ross (Excused) Discussion Items 1. Review of County Comptroller Position The Legislature reviewed the job description of the County Treasurer and that of a proposed comptroller and discussed the necessary implementation measures that would be required. A similar referendum for an appointed financial position was proposed and defeated in 2004.Such a change would require a referendum to be voted on by the public. No formal action was taken. Adjourn ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, August 22, 2013 6:00 PM Board Room Public Hearing Public Hearing - Local Law of 2013 Mr. Boylan said the local law has been removed from the agenda and the Public Hearing has therefore been cancelled. Salute to the Flag Roll Call PRESENT: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner ABSENT: Cobb (Excused), Hartnett (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Jul 25, 2013 6:00 PM 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 RESULT: ACCEPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Ray Parker, Legislative District 2 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 273 ---PAGE BREAK--- Resolutions from the Chair AGENDA ITEM NO. 1 – Amend Staff Contract Mental Health ON MOTION OF PRICE RESOLUTION NO. 205-13 Amend Staff Contract Mental Health WHEREAS Resolution 128-07 created the position of full-time staff at the Cortland County Mental Health Department, AND WHEREAS Resolution 391-07 appointed Dr. Jason Stepkovitch to said position, AND WHEREAS both parties wish to modify the contract as attached, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into an employment agreement with Dr. Stepkovitch, in accordance with the terms set forth in the attached contract. AGENDA ITEM NO. 2 – Resolution Authorizing a Formal Application to the Foreign-Trade Zones Board for the Establishment of a Foreign-Trade Zone Project Under the Alternative Site Framework, and Authorizing the Business Development Corporation to Administer the Foreign Trade Zone Project ON MOTION OF PARK RESOLUTION NO. 206-13 Resolution Authorizing a Formal Application to the Foreign-Trade Zones Board for the Establishment of a Foreign-Trade Zone Project Under the Alternative Site Framework, and Authorizing the Business Development Corporation to Administer the Foreign Trade Zone Project RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 274 ---PAGE BREAK--- WHEREAS, the Foreign-Trades Zone Act, approved June 18, 1934, provides for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States to expedite and encourage foreign commerce, AND WHEREAS, pursuant to New York State County Law, Section 224, 23-a the New York State Legislature has authorized Cortland County to make application to the Foreign-Trade Zones Board for a granting authority to establish, operate and maintain a foreign trade zone or zones or foreign trade sub-zone or sub-zones within such county, pursuant to the provisions of such Act, AND WHEREAS, establishment of a foreign-trade zone project would prove of long range benefit to Cortland County’s economy, AND WHEREAS, Cortland County wishes to organize its zone under the new Alternative Site Framework developed by the Foreign-Trade Zones Board to encompass the entirety of Cortland County as its service area, AND WHEREAS, pursuant to New York State County Law, Section 224, 23-a the New York State Legislature has authorized Cortland County to enter into such contracts and appropriate such sums of money and take such further actions as it may deem appropriate, towards the promotion, establishment and maintenance of such zone or zones, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby directed to submit on behalf of the County of Cortland, a formal application to the Foreign-Trade Zones Board of the United States Department of Commerce requesting the establishment of a foreign- trade zone under the Alternative Site Framework for a service area encompassing all of Cortland County, AND BE IT FURTHER RESOLVED, that, if the Cortland County foreign-trade zone is approved, that the Business Development Corporation, a private, publicly funded not-for-profit local development corporation will act as administrator of the Cortland County foreign-trade zone on behalf of the County with the following authorities/responsibilities: act as the administrator of the Cortland County foreign-trade zone project; develop and submit the zone schedule to the Foreign-Trade Zones Board; develop the operator’s agreement to be used for independent operators; initiate the operator’s agreement with an independent operator, as necessary; act as the operator of the Cortland County foreign-trade project until such time as an independent operator is identified, if necessary; prepare and submit the grantee letter of concurrence to Customs and Border Protection for an independent operator; prepare and submit the annual report required for the Foreign-Trade Zones Board; prepare or have prepared usage driven site, boundary modification, subzone and expansion applications as needed; and market the Cortland County FTZ Project. Update from Health Committee Chair Ms. Price said the Senior Citizen picnic was cancelled due to weather, but then rescheduled and was a success. The September meeting of the Health & Human Services Committee will hear from the Seven Valley Health Coalition and Family Counseling Services. AGENDA ITEM NO. 3 – Amend Budget - Area Agency on Aging (Health Insurance Information, Assistance and Counseling Program - HIICAP) 275 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 207-13 Amend Budget - Area Agency on Aging (Health Insurance Information, Assistance and Counseling Program - HIICAP) WHEREAS, the New York State Office for the Aging has allocated additional funds in the amount of $3,386.00 for the Health Insurance Information, Counseling and Assistance Program (HIICAP) for the period April 1, 2013 through March 31, 2014, AND WHEREAS, $643.00 of these funds are in the 2013 County Budget in Account A67725- 51005 4330 (Personal Services), NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-51020 4338 Personal Services - Overtime 140.00 A67725-54004 4338 Computer Software +$1,103.00 A67725-54005 4338 Office Supplies +$1,000.00 A67725-54047 4338 Mileage Reimbursement 200.00 A67725-54060 4338 Advertising 300.00 Revenues: A677243-43772 4338 State Aid - HIICAP +$2,743.00 AGENDA ITEM NO. 4 – Amend Budget - Area Agency on Aging/RSVP ON MOTION OF PRICE RESOLUTION NO. 208-13 Amend Budget - Area Agency on Aging/RSVP WHEREAS, the Corporation for National Service has allocated additional funds in the amount of $1,500.00 for the RSVP Program for the period July 1, 2013 through June 30, 2014, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Don Spaulding, Legislative District 6 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 276 ---PAGE BREAK--- RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expenses: A76225 54045 4321 Travel/Subsistence +$1,300.00 A76225 54065 4321 Car rental 100.00 A76225 54078 4321 Fuel 100.00 Revenues: A762244 44772 4321 Federal Aid - RSVP 1,500.00 AGENDA ITEM NO. 5 – Authorize Agreement/Accept Funds Health Department/ Administration (Healthy Places to Live, Work and Play Grant) ON MOTION OF PRICE RESOLUTION NO. 209-13 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, 2013 through December 31, 2013, SVHC will pay a total amount up to $18,278 to compensate the CCHD for salary and fringe, to be added to the 2013 County Budget Revenue Account A401042.41689.4000, AND WHEREAS, in consideration of CCHD providing assistance for the period January 1, 2014 through March 31, 2014, SVHC will pay a total amount up to $6,092 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. to accept these funds. AGENDA ITEM NO. 6 – Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 277 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 210-13 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $28,965 for the period of 4/1/13-3/31/14 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 2013 budget in Revenue Account A401243.43450.4023 $28,965 (ATUPA Grant), and in Expenditure Accounts A40125.51005- 51010 $14,347 (Personnel), A40125.58020-58065 $6,788 (Fringe), A40125.54005-54300.4023 $4,804 (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. AGENDA ITEM NO. 7 – Authorize Agreement/Accept Funds Health Department/ Administration (Community Partnerships for Tobacco Control Program) ON MOTION OF PRICE RESOLUTION NO. 211-13 Authorize Agreement/Accept Funds Health Department/Administration (Community Partnerships for Tobacco Control Program) WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $130,500 for the period of 7/1/13-6/30/14 for funding for the Tobacco Control Program Community Partnership Grant, AND WHEREAS, these funds will be used to prevent and reduce tobacco use through local RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Don Spaulding, Legislative District 6 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 278 ---PAGE BREAK--- involvement and partnership, AND WHEREAS, the Cortland County Health Department will be contracting with other agencies and individuals to help coordinate the efforts of this grant, such as Joel LaLone Consulting, AND WHEREAS, these funds are in the 2013 budget in Expenditure Accounts A40105.51005-51010 $63,034 (Personnel), and A40105.58020-58065 $33,197 (Fringe), A40105.54000-54078.4002 $34,269 (Contractual), and Revenue Account A401043.43450.4002 $130,500 (Tobacco Grant), NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 8 – Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program ON MOTION OF PRICE RESOLUTION NO. 212-13 Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program WHEREAS, Resolution #51-13 gave the Cortland County Health Department permission to enter into an extension of the contract for the seven month period 4/1/13- 10/31/13, AND WHEREAS, the extension contract period was terminated as of 6/30/13, AND WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. a total of $117,302, $82,500 (Infrastructure), and $34,802 (Clinical Services), for the period of 7/1/13-3/31/14 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, Cortland County will be contracting with other health care providers (physicians, laboratories, radiology services), for the period of 7/1/13-3/31/18 to help coordinate the efforts of the grant, AND WHEREAS, these funds are in the 2013 County Budget in Expenditure Accounts A40105.51005- 51010 $50,723 (Personnel), and A40105.58020-58065 $30,777 (Fringe), A40105.54000- 54500.4007 $35,802 (Contractual), and Revenue Account A401043.43450.4007 $117,302 (Cancer Services), NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Don Spaulding, Legislative District 6 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 279 ---PAGE BREAK--- Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 9 – Authorize Agreement / Accumedic Computer Systems ON MOTION OF PRICE RESOLUTION NO. 213-13 Authorize Agreement / Accumedic Computer Systems WHEREAS, the Cortland County Mental Health Department has a contract with Accumedic Computer Systems to provide computerized billing and scheduling software for 2012-2013, AND WHEREAS, the aforementioned contract is due to expire on September 30, 2013, 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 2013-2014 with Accumedic Computer Systems for computerized medical billing and scheduling software, the term of which will begin October 1, 2013 and end September 30, 2014. The sum of payment for the agreement is not to exceed $5,000.00. Update from Highway Committee Chair Mr. Fuller said some highway projects may be behind schedule due to the need to make repairs to flood-damaged areas, but they will still all be completed this year. AGENDA ITEM NO. 10 – Transfer Funds/Amend Budget Highway Department ON MOTION OF FULLER RESOLUTION NO. 214-13 Transfer Funds/Amend Budget Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Anthony Pace, Legislative District 7 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 280 ---PAGE BREAK--- WHEREAS, the Cortland County Highway Committee has recommended the transfer of funds within the Highway Department Budget to cover the costs associated with the Construction 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 2013 County Budget be amended as follows: Decrease Expense: D51125.54077.7019 $30,000.00 Little York Xing Culvert-Materials D51125.54065.7004 $15,000.00 Landers Corners Road Rehab-Equip Increase Expense: D51125.54065.7005 $30,000.00 E. Keeney Rd. Rehab-Equip D51125.54065.7008 $11,000.00 S. Cortland-Virgil Rd. Rehab-Equip D51125.54065.7003 $ 4,000.00 Page Green Rd. Rehab-Equip AGENDA ITEM NO. 11 – Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Award Bids, Authorize Construction and Construction Inspection Contracts, Authorize Material Purchases and Construction by County Forces Snow Removal Equipment Building Construction Project Cortland County Airport Highway Department ON MOTION OF FULLER RESOLUTION NO. 215-13 Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Award Bids, Authorize Construction and Construction Inspection Contracts, Authorize Material Purchases and Construction by County Forces Snow Removal Equipment Building Construction Project 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 the construction and construction inspection contracts associated with construction of a Snow Removal Equipment Building at Cortland County Airport, AND RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 281 ---PAGE BREAK--- 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 at the Cortland County Airport, AND WHEREAS, the funding for said project will be available at participation levels of up to 594,000.00 (90%) Federal, $33,000.00 State and $33,000.00 Local funding, for a total estimated cost of $660,000.00, AND WHEREAS, the local (County) funding amount of $33,000.00 is already wholly appropriated as part of the amount in Account No. A56105.52253 in the 2013 Airport Budget, AND WHEREAS, the County of Cortland previously approved the acceptance of the FAA & NYSDOT grants, and expenditure of the Local share for the Engineering Design portion of this project under Resolution 47-11, AND WHEREAS, the County of Cortland advertised and opened bids for said construction project, and the following are the bid results: General Construction Contract: Bidder Name Total Amount Bid Eagle Associates of Cazenovia $473,458.50 3592 Cobblestone Drive Cazenovia, NY 13035 Mancini Associates Inc. $477,000.00 129 Odell Avenue Binghamton, NY 13760 D. Hillman & Sons LLC $543,000.00 3190 Westland Drive Bouckville, NY 13310 Paul J. Yaman Inc. $544,976.40 1875 Lorings Crossing Rd. Cortland, NY 13045 Chrisanntha Construction Corp. PO Box 165 Gorham, NY 14461 $865,604.30 Electrical Construction Contract: Billitier Electric Inc. 737 Atlantic Avenue Rochester, NY 14609 $46,000.00 282 ---PAGE BREAK--- Nelcorp Electrical Contracting Corp. 2500 Watson Blvd. Endwell, NY 13760 $55,400.00 Bagnall Electric Inc. 45 Classic Street Sherburne, NY 13460 $58,100.00 Mechanical Construction Contract: P-S & V Plumbing & Heating 37 Brandywine Highway Binghamton NY 13901 $167,000.00 , AND WHEREAS, the Airport Advisory Board has approved a recommendation to the County Legislature that they approve this Resolution, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby awards the following construction contracts for said project to the lowest responsible bidders as follows: General Construction Contract: Bidder Name Total Amount Bid Eagle Associates of Cazenovia $473,458.50 3592 Cobblestone Drive Cazenovia, NY 13035 Electrical Construction Contract: Billitier Electric Inc. $46,000.00 737 Atlantic Avenue Rochester, NY 14609 , AND BE IT FURTHER RESOLVED, that since the bid received for the Mechanical Construction Contract from P-S & V Plumbing & Heating, 37 Brandywine Highway, Binghamton NY 13901 in the amount of $167,000.00 is 390% higher than the Consultant’s estimated cost of $42,735.00 for said contract work, the County of Cortland hereby rejects the bid received for Mechanical Construction Contract from P-S & V Plumbing & Heating, 37 Brandywine Highway, Binghamton NY 13901 in the amount of $167,000.00, AND BE IT FURTHER RESOLVED, the Cortland County Legislature hereby finds that the work contemplated under the Mechanical Construction Contract can be constructed in accordance with the plans and specifications for the project utilizing existing County forces and through County purchase of materials and equipment, at a total estimated cost not to exceed $33,000.00, and that this cost for said County force account work 283 ---PAGE BREAK--- expended by the County can be applied as a credit toward the above said local share of the project cost, as approved by the FAA, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby approves the contract for Construction Inspection and Administration for this project with McFarland Johnson, Inc., 49 Court Street, P.O. Box 1980, Binghamton, NY 13902 for the amount not to exceed $99,500.00, AND BE IT FURTHER RESOLVED, that the County of Cortland hereby accepts said FAA and NYSDOT grants for Construction and Construction Inspection Contracts for Snow Removal Equipment Building Construction project at Cortland County Airport at aforementioned funding levels, for a total project cost not to exceed $660,000.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute the necessary Federal and State Grant Agreements, Consultant Agreements, Construction Contracts, and all related and necessary documents for a total cost not to exceed $660,000.00, AND BE IT FURTHER RESOLVED, that the Local (County) funding amount of $33,000.00 is hereby authorized to be transferred to the project revenue account from Account No. A56105.52253 in the 2013 Airport Budget, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2013 County Budget as follows to account for said project: Increase: Expenditure: H56105.52253.5625 Snow Removal Equipment $660,000.00 Building Expense Increase: Revenue: H561044.44597.5625 Federal Revenue $594,000.00 H561043.43597.5625 State Revenue $33,000.00 H561048.45031.5625 Interfund Transfer Revenue $33,000.00 Update from Solid Waste Committee Chair Mr. Troy said he attended the recent announcement in Syracuse about the proposed inter- municipal agreement with Onondaga County, commonly referred to as the "Ash for Trash" deal. He said the ash material from OCRRA has passed every environmental test required since the plant has been built. He said much work needs to be done to move this project forward, including a full SEQR process and the development of an Environmental Impact Statement. If successful, this project will turn a profit for all agencies, be environmentally safe and help reduce future costs that will be mandated by the NYS DEC like methane collection and composting. Ms. Briggs said she hopes that the Solid Waste Committee will schedule a public meeting to describe the project in more detail. AGENDA ITEM NO. – Establish Landfill Transfer Station Project/ Approve Professional Services/ Amend 2013 Budget/Transfer Funds RESULT: PULLED 284 ---PAGE BREAK--- Update from Personnel Committee Chair Mr. Pace said the Personnel Committee will continue to review the Rules of Order. AGENDA ITEM NO. 12 – Amend Rules of Order Appointment of Veterans Officer/Public Defender AGENDA ITEM NO. 13 – Amend Cortland County Rules of Order (Department Head Recommendation Policy) Ms. Arnold said she would like to strike the second "Whereas" as a friendly amendment, and there were no objections. Price, Natoli, Briggs, Boyden opposed. Mr. Boylan said as a two-third vote is needed, the motion to approve failed with a weighted vote of 30,773. Update from Ag & Planning Committee Chair AGENDA ITEM NO. 14 – Accept Proposals/Authorize Purchase of Professional Services to Convert Cortland County's Tax Maps From AutoCAD Version 3D 2008 to ESRI ArcGIS 10.2.X to be Used in a Countywide G.I.S. System ON MOTION OF ROSS, WHITNEY RESOLUTION NO. 216-13 Accept Proposals/Authorize Purchase of Professional Services to Convert Cortland County's Tax Maps From AutoCAD Version 3D 2008 to ESRI ArcGIS 10.2.X to be Used in a Countywide G.I.S. System WHEREAS, Cortland County is desirous of making full use of the advanced infrastructure and technology that is being put in place at the E-911/Communication Center and the IT Department and to that end a joint committee made up of department heads and outside consultants was formed on April 8 to study the best way to serve the needs of our County taxpayers by setting up a parcel based Geographic Information System to be made available to all County departments, AND WHEREAS, it was the conclusion of the majority of those committee members that a Countywide or Enterprise based G.I.S. would be the most cost effective way of distributing the advancing technology across both County and potentially local governments, AND WHEREAS, an RFP was sent out Statewide on June 26 with a return date of July 16 for purchase of RESULT: ADOPTED [UNANIMOUS] MOVER: Danny G. Ross, Legislative District 12 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: DEFEATED [11 TO 6] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Spaulding, Pace, Willcox Jr., Park, Ross, Whitney, Arnold, Fuller, Wagner NAYS: Bushnell, Natoli, Wheelock, Briggs, Boyden, Price EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: PULLED 285 ---PAGE BREAK--- professional services in converting the County's 506 tax maps from AutoCAD 2008 to ESRI's ArcGIS 10.2.x, AND WHEREAS, the following bid proposals from that RFP were received from four qualified vendors as follows: The Intelligence Group $120,540 , AND WHEREAS, this software used to convert and maintain our maps is from the ESRI Corporation, which is the sole source for this application and the cost for three licenses, two for Real Property Tax Services and one for Planning, will be approximately $21,000, AND , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Budget and Finance Committee, the County hereby awards the Tax Map Conversion Project as set forth in the RFP dated June 26 to the lowest bidder: Bowne Management Systems, Inc., 235 E. Jericho Turnpike, Mineola, N.Y. 11501 for the total amount bid of $32,719.00, AND BE IT FURTHER RESOLVED, that the ESRI Software will be purchased through the IT Department in line with the Cortland County Purchasing Policy, 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 Bowne Management Systems, Inc., AND BE IT FURTHER RESOLVED, the following amendment is made to the 2013 budget: Increase Decrease Contingency A19905.54775 $53,719 AGENDA ITEM NO. 15 – Extend Public Comment Period Crown City Wind Farm SEQR Review Update from Judiciary & Public Safety Committee Chair Mr. Whitney said preliminary ground testing has been done on the new interoperable system and the results have been very good. User training on the new radios has begun. AGENDA ITEM NO. 16 – Amend Budget/County Coroner RESULT: PULLED Fountains Spatial, Inc. $84,800 MRB Group $44,800 Bowne Management Systems $32,719 Expense A13555.54055 Professional Services $32,719 Expense A13555.54004 Computer Software $21,000 286 ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 217-13 Amend Budget/County Coroner WHEREAS, the Coroner's office has exceeded budgeted funds in the 2013 budget due to additional professional service and transportation costs associated with the position, NOW THEREFORE BE IT RESOLVED that the following amendment be made to the 2013 Budget: Increase: Increase A1185 54046 Removal/Transfer Expenses $20,000.00 Increase A1185 54055 Professional Services $ 3,000.00 Decrease: A19905 54775 Contingency $23,000.00 AGENDA ITEM NO. 17 – Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation ON MOTION OF WHITNEY RESOLUTION NO. 218-13 Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation 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, 2013, AND WHEREAS, the cost of such maintenance agreement is $5,930.00 annually, for the period of September 1, 2013 through August 31, 2014, 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 AAT Communications Systems Corporation at a cost not to exceed $5,930.00 be paid from Account A30255-54050 Equipment Maintenance and Repairs. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Don Spaulding, Legislative District 6 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 287 ---PAGE BREAK--- AGENDA ITEM NO. 18 – A Local Law Prohibiting Within Cortland County the Possession, Purchase, Attempted Purchase in Excess of the Federal Limits, of Pseudoephedrine and Products Containing Pseudoephedrine Update from Building & Grounds Committee Chair Mr. Willcox said the renovations in legislative chambers is complete and he thanked the Building & Grounds Department for their work. AGENDA ITEM NO. 19 – Accept Proposal/Authorize Agreement amend 2013 Budget buildings and Grounds first Choice Asphalt, Sealing, Paving and Concrete ON MOTION OF WILLCOX JR. RESOLUTION NO. 219-13 Accept Proposal/Authorize Agreement Amend 2013 Budget Buildings and Grounds First Choice Asphalt, Sealing, Paving and Concrete WHEREAS, the Cortland County Buildings and Grounds Committee is desirous of completing the parging work in the Masonry RFP issued on July 19, 2013 for masonry work at the County Office Building, AND WHEREAS, the Buildings and Grounds Committee has solicited proposals from thirteen (13) vendors, AND WHEREAS, First Choice Asphalt Sealing Paving and Concrete, 2197 Greenwood Road, Cortland, N.Y., 13045 has met the provisions of the Request for Proposal including the mandatory site review and has provided the lowest overall cost, $10,950.00, AND WHEREAS, Account # A16205.54076 will be utilized to fund this expense and was unfunded in the 2103 Budget for this expense, AND WHEREAS, the funds ($10,950.00) for this expenditure will need to be transferred from A16205.52200.1624 - Cap. Equipment to A16205.54076 - B&G Expense to facilitate payment, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature accepts First Choice Asphalt Sealing Paving and Concrete’s proposal and authorizes the Chairman of said Legislature to enter in an agreement with First Choice Asphalt Sealing Paving and Concrete for the proposed cost of $10,950.00, upon approval of the County Attorney, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby directed to transfer the funds ($10,950.00) from A16205.52200.1624- Cap. Equipment to A16205.54076 B&G Expense. RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: PULLED 288 ---PAGE BREAK--- AGENDA ITEM NO. 20 – Authorize Agreement Schindler Elevator Corporation/ Elevator Service Buildings and Grounds Department ON MOTION OF WILLCOX JR. RESOLUTION NO. 220-13 Authorize Agreement Schindler Elevator Corporation/ Elevator Service Buildings and Grounds Department WHEREAS, there is a need to renew the current agreement with Schindler Elevator Corporation, for $13,200.00 to include Dwyer Park, 37 Church St., the County Office Building, the Court House, the Jail, the Public Safety Building and the Highway Office Building, AND WHEREAS, Schindler Elevator Company, 587 West Bear St., Syracuse, N.Y. 13204- 1313 has Award # 21340 - Office of General Services Procurement Services - Elevator Service, AND WHEREAS, the Buildings and Grounds Committee has reviewed the Agreement, NOW THEREFORE BE IT RESOLVED, that on the recommendation of the Buildings and Grounds Committee that this Legislature hereby authorizes its elevator service with Schindler Elevator Company, 587 West Bear St., Syracuse, N.Y. 13204-1313 , from January 1, 2014 through December 31, 2018, AND BE IT FURTHER RESOLVED, that on approval of the County Attorney, the Legislature the Chairman of this Legislature is hereby authorized to the agreement with Schindler Elevator Company for elevator service and be funded through Account No. A16205 54015, Maintenance Agreements. AGENDA ITEM NO. 21 – Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department ON MOTION OF WILLCOX JR. RESOLUTION NO. 221-13 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 289 ---PAGE BREAK--- WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid Small Business Program regarding rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, the Buildings & Grounds Committee has reviewed those proposals and recommends participating in the National Grid Small Business Program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, 7 Clayton Ave, Cortland, N.Y. has been identified as eligible, AND WHEREAS, there is the need to complete lighting retrofit work at 7 Clayton Ave., Cortland, N.Y. at a cost of $1,068.35 resulting in an annual savings of $542.68,with the County’s contribution of $551.15 and a National Grid Contribution of $517.20, AND WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $517.90 to take advantage of the 15% discount offered under the program, to be funded from Acc# A16205 5200 1622 Capital equipment, 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 a lighting retrofit project. AGENDA ITEM NO. 22 – Authorize Agreement Information Technology Advizex Technologies, LLC ON MOTION OF WILLCOX JR. RESOLUTION NO. 222-13 Authorize Agreement Information Technology Advizex Technologies, LLC WHEREAS, the Warranty has expired on the 7.2 TB SAN storage appliance used to store most of the County's data as of July 31st , 2013, AND WHEREAS, a Maintenance Agreement with Advizex Technologies, LLC for August 1st, 2013 thru July 31st, 2014 has been received in the amount of $2,328.48 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. Update from Budget & Finance Committee Chair Mr. Pace said the property foreclosure auction will be held in November. The 2014 Property Tax Cap will be below 2% as it will reflect the rate of inflation, which may mean significant cuts in the 2014 budget. He reminded everyone that NYS residents must re-register for the NYS STAR tax exemption. RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Ray Parker, Richard Bushnell AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 290 ---PAGE BREAK--- AGENDA ITEM NO. 23 – Abolish/Create Fiscal Officer/Principal Account Clerk County Administration ON MOTION OF PACE RESOLUTION NO. 223-13 Abolish/Create Fiscal Officer/Principal Account Clerk County Administration WHEREAS, the needs of the agency will be better served by reclassifying one position of Fiscal Officer in the County Administration Office, AND WHEREAS, the Budget and Finance Committee recommends the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one position of Fiscal Officer (Grade 10, $39,604-48,184/YR, Management Plan, competitive class) be and hereby abolished effective September 9, 2013, AND BE IT FURTHER RESOLVED, that one position of Principal Account Clerk (Grade 13, $16.9081- 20.9827/HR., CSEA contract, competitive class) be created effective August 30, 2013. AGENDA ITEM NO. 24 – Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York ON MOTION OF PACE RESOLUTION NO. 224-13 Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York BE IT ENACTED, by the County Legislature of the County of Cortland, as follows: SECTION 1. The first sentence of section two of Resolution No. 216 as enacted in nineteen hundred sixty- seven, as last amended by Resolution No. 243 for the year 2011, is amended to read as follows: SECTION 2. IMPOSITION OF SALES TAX RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Kevin Whitney, Legislative District 13 AYES: Troy, Parker, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Thomas P. Hartnett 291 ---PAGE BREAK--- On and after March first, nineteen hundred sixty eight, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing September 1, 1992, and ending November 30, 2015, there is hereby imposed and there shall be paid an additional tax of one percent upon: “SECTION 2. Subdivision of section three of Resolution No. 216 as enacted in nineteen hundred sixty- seven, as amended, is amended to read as follows: with respect to the additional tax of one percent imposed for the period commencing September 1, 1992, and ending November 30, 2015, the provisions of subdivisions and of this section apply, except that for the purposes of this subdivision, all references in said subdivisions and to an effective date shall be read as referring to September 1, 1992, all references in said subdivision to the date four months prior to the effective date shall be read as referring to May 1, 1992 and the reference in subdivision to the date immediately preceding the effective date shall be read as referring to August 31, 1992. Nothing herein shall be deemed exempt from tax at the rate in effect prior to September 1, 1992 any transaction which may not be subject to the additional tax imposed effective on that date.” SECTION 3. Section four of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: “SECTION 4. IMPOSITION OF COMPENSATING USE TAX Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after September 1, 1992, except as otherwise exempted under this enactment, of any tangible property purchased at retail, of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, if items of the same kind of tangible personal property are offered for sale by him in the regular course of business, or if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the Real Property Tax Law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, of any of the services described in paragraphs and of subdivision of section two, of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs and of subdivision of section two have been performed, of any telephone answering service described in subdivision of section two and, of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. For purposes of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax rate shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, 292 ---PAGE BREAK--- including any charges for shipping or delivery as described in paragraph three of subdivision of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. For purposes of sub-clause of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. For purposes of subclause (ii) of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision of section one. Notwithstanding the foregoing provisions of this section, for purposes of clause of subdivision of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the Real Property Tax Law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. For purposes of clauses and of subdivision of this section, for the period commencing September 1, 1992 and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision of section one. For purposes of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause by its author or other creator, shall not be deemed a taxable use by such person.” SECTION 4. Paragraph of subdivision of section eleven of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: With respect to the additional tax of one percent imposed for the period beginning September 1, 293 ---PAGE BREAK--- 1992, and ending November 30, 2015, in respect to the use of property used by the purchaser in this County prior to September 1, 1992. SECTION 5. Subparagraph III of paragraph of subdivision of section fourteen of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: Not withstanding any other provision of law, net collections distributed to the County by the State Comptroller pursuant to subdivision of section 1261 of the Tax Law of the State of New York, including net collections attributable to the additional one percent sales and compensating use taxes, shall be disposed of in accordance with the sales tax allocation and distribution agreement entered into by Cortland County and the City of Cortland on June 29, 2012, and approved by the State Comptroller pursuant to section 1262 of the Tax Law, during the period that such agreement is in effect, as follows: III. Beginning June 1, 2013, for a period of one year: 52.00 % shall be allocated to the County; 18.24 % shall be allocated and paid to the City of Cortland; 29.76 % shall be allocated and paid to the Towns and Villages in the County; Beginning June 1, 2014, for a period of one year: 52.375 % shall be allocated to the County; 18.115 % shall be allocated and paid to the City of Cortland; 29.510 % shall be allocated and paid to the Towns and Villages in the County; Beginning June 1, 2015, for a period of one year: 52.650 % shall be allocated to the County; 17.990 % shall be allocated and paid to the City of Cortland; 29.385 % shall be allocated and paid to the Towns and Villages in the County; Beginning June 1, 2016, for a period of one year: 53.000 % shall be allocated to the County; 17.865 % shall be allocated and paid to the City of Cortland; 17.865 % shall be allocated and paid to the Towns and Villages in the County; Beginning June 1, 2017, for a period of one year: 53.500 % shall be allocated to the County; 17.615 % shall be allocated and paid to the City of Cortland; 28.885 % shall be allocated and paid to the Towns and Villages in the County; SECTION 6. This enactment shall take effect December 1, 2013. AGENDA ITEM NO. 25 – Create Temporary Social Services Attorney Executive Session Announcements Mr. Park will call a special meeting of the Legislature September 5 at 6 p.m. where Mr. Murphy will give an overview of the 2014 budget preparation and obstacles the County faces. Adjourn RESULT: PULLED 294 ---PAGE BREAK--- Cortland County Legislature County Office Building Cortland, NY 13045-2746 Special Meeting http://www.cortland-co.org ~ Minutes ~ Tuesday, September 10, 2013 5:45 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Parker, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Whitney, Briggs, Boyden, Arnold, Fuller, Price ABSENT: Cobb, Hartnett, Spaulding, Pace (Excused), Ross, Wagner (Excused) Privilege of the floor Unfinished Business New Business AGENDA ITEM NO. 1 – Resolution to Approve Project, Authorize Acceptance of Grants From FAA and NYSDOT, Authorize Construction and Engineering Contracts – Runway Grooving & Re-Marking Project Cortland County Airport Highway Department Mr. Chambers said that an FAA grant was announced Aug. 30, 2013, which only allowed a two- week turn around to get a signed contract back to the FAA, with bids sent out and contracts awarded by Sept. 16. He said this is a safety project at the airport, which will include grooving and lining the pavement on the runway at the landfill. The last time the pavement markings were done it cost the County about $10,000, which was budgeted to be done this year anyway. Now that this grant will cover those costs, the County will use the budgeted amount to cover the local portion of the grant (about $5,100) and still have some money left over. ON MOTION OF FULLER RESOLUTION NO. 225-13 Resolution to Approve Project, Authorize Acceptance of Grants From FAA and NYSDOT, Authorize Construction and Engineering Contracts – Runway Grooving & Re-Marking Project 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 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Whitney, Briggs, Boyden, Arnold, Fuller, Price ABSENT: Amy Cobb, Thomas P. Hartnett, Don Spaulding, Danny G. Ross EXCUSED: Anthony Pace, George Wagner 295 ---PAGE BREAK--- (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 the construction, engineering design and construction inspection contracts associated with the Runway Grooving & Re-Marking Project at Cortland County Airport, 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 at the Cortland County Airport, AND WHEREAS, the funding for said Contracts will be available at participation levels of up to $92,700.00 (90%) Federal, $5,150.00 State and $5,150.00(5%) Local funding, for a total estimated cost of $103,000.00, AND WHEREAS, the County of Cortland advertised and opened bids for said construction project, and the following are the bid results: Bidder Name Total Amount Bid $78,605.05 Hi-Lite Markings, Inc. 18249 Hi Lite Drive Adams Center, NY 13606 , AND WHEREAS, the local (County) funding amount of $5,150.00 is already wholly appropriated as part of the amount in Account No. A56105.52253 in the 2013 Airport Budget, AND WHEREAS, the Airport Advisory Board has approved a recommendation to the County Legislature that they approve this Resolution, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby accepts said FAA and NYSDOT grants for Construction, Engineering, and Construction Inspection Contracts for the Runway Grooving & Re-Marking Project at Cortland County Airport at said funding levels, at a total project cost not to exceed $103,000.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney is hereby authorized to execute the necessary Federal and State Grant Agreements, Consultant Agreements, Construction Contracts and all related necessary documents at a total cost not to exceed $103,000.00, AND BE IT FURTHER 296 ---PAGE BREAK--- RESOLVED, that the County of Cortland hereby awards the following construction contract for said project to the lowest responsible bidder as follows: General Construction Contract: Bidder Name Total Amount Bid Hi-Lite Markings, Inc. $78,605.05 18249 Hi Lite Drive Adams Center, NY 13606 AND BE IT FURTHER RESOLVED, that the Local (County) funding amount of $5,150.00 is hereby authorized to be transferred to the project revenue account from Account No. A56105.52253 in the 2013 Airport Budget, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2013 County Budget as follows to account for said project: Increase: Expenditure: H56105.52253.5226 Runway Grooving & Re-Marking Expense $103,000.00 Increase: Revenue: H561044.44597.5626 Federal Revenue $92,700.00 H561043.43597.5626 State Revenue $5,150.00 H561048.45031.5626 Interfund Transfer Revenue $5,150.00 Announcements Adjourn 297 ---PAGE BREAK--- Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, September 26, 2013 6:00 PM Board Room Public Hearing Public Hearing - Local Law of 2013 - Pseudophedrine Chairman Park opened the public hearing and the clerk read the legal notice. Nobody had signed in to speak and Chairman Park asked if there was anyone interested in addressing Local Law F of 2013. Seeing none, he closed the public hearing. Public Hearing Public Hearing - Local Law of 2013 - Probation Fees Chairman Park opened the public hearing and the clerk read the legal notice. Nobody had signed in to speak and Chairman Park asked if there was anyone interested in addressing Local Law G of 2013. Seeing none, he closed the public hearing. Salute to the Flag Roll Call PRESENT: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner ABSENT: Approval of Minutes Approve Minutes of August 22, 2013 Legislative Session The minutes were not complete and were tabled until the next meeting. Privilege of the floor Ms. Pam Jenkins of Cortland spoke in opposition to Agenda Item No. 12. She said the County should not approve spending taxpayers money without any commitment from Onondaga County. Mr. Bob Martin of Cortland spoke in opposition to Agenda Item No. 12. He said the tests on the ash composite are dated and the County should not consider taking in hazardous materials that could leach in the public water supply. Lee Miller of McGraw spoke in opposition to Agenda Item No. 12, saying she would rather move towards the County implementing newer technology like thermal gasification, which could be installed, for free, within a year. Mr. LJ Eaton of Cortland spoke in opposition to Agenda Item No. 12. Ms. Lisa Williams of McGraw spoke in opposition to Agenda Item No. 12. She said sending all trash out of County by building a transfer station is not a fair practice to the small haulers that have utilized the landfill for so many years. 298 ---PAGE BREAK--- Mr. Todd Miller of McGraw spoke in opposition to Agenda Item No. 12. He said spoke about the chemical make-up of the ash material, and said that various heavy metals exist and that the ash has not been tested for all potential hazardous materials. Mr. Michael said he has not formed an opinion on the concept of the proposal, however he suggests that a full Environmental Impact Statement be prepared through the SEQR process and encouraged the County to provide for a public scoping period. Mr. Ron Fuller spoke in opposition to Agenda Item No. 12. He said the County would be better off by implementing flow control, which he as a small hauler supports. Proclamations & Recognitions Recognizing Marathon Coach Karen Funk The Clerk read the recognition and Mr. Wagner congratulated Coach Karen Funk and presented her with the framed certificate. Proclaiming Domestic Violence Awareness Month The Clerk read the proclamation declaring October as Domestic Violence Awareness Month. Ms. Price presented the proclamation to a representative from the YWCA's Aid to Victim’s of Violence program. Presentation of Petitions, Communications, and Notice Presentation by CRMC Interim CEO Janice James Receive and File 2012 Area Agency on Aging Annual Report Mr. Troy made a motion to Receive & File all five documents. Seconded by Mr. Bushnell. All members voting in favor; none opposed. The motion was approved. The Clerk advised that the annual independent audit is available in hard copy in his office, and has been made available online at the County's website. 2012 Venesky Space Occupancy Cost Analysis Report Annual Independent Audit - Year Ending 2012 (Bonadio Group) 2012 Community Services Board Annual Report 2012 County Sheriff Annual Report Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Chariman's Resolutions AGENDA ITEM NO. 1 – Appoint Members/Cortland County Youth Board 299 ---PAGE BREAK--- ON MOTION OF PARK RESOLUTION NO. 226-13 Appoint Members/Cortland County Youth Board WHEREAS, The members of the Cortland County Youth Board are appointed by the Cortland County Legislature and the seats of Tracey Messinger (resignation) and Nicole Albro (expired), NOW THEREFORE BE IT RESOLVED, that City of Cortland Police Chief Francis M. Catalano is hereby appointed to the Cortland County Youth Board for a term to begin 10/1/13 to 9/31/15, and Jeremy D. Boylan of 37 River Street, Homer NY be and hereby are appointed to complete the term of Tracey Messinger, set to expire 3/31/14. AGENDA ITEM NO. 2 – Authorize Easement Across County Property to Construct a Gas Pipeline ON MOTION OF PARK RESOLUTION NO. 227-13 Authorize Easement Across County Property to Construct a Gas Pipeline WHEREAS, Cortland County is constructing a Snow Removal Equipment Building pursuant to an FAA and NYSDOT grant, AND WHEREAS, it is necessary to install a gas service to the building furnished by New York State Electric and Gas Corporation, AND WHEREAS, New York State Electric and Gas Corporation desires an easement across the airport property from New York State Route 222 to the proposed Snow Removal Building to construct an underground gas pipeline, NOW THEREFORE BE IT RESULT: ADOPTED [18 TO 1] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner NAYS: Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 300 ---PAGE BREAK--- RESOLVED, that the Cortland County Legislature does hereby authorize the Chairman of the Cortland County Legislature, upon review by the County Attorney, to execute an Easement to New York State Electric and Gas Corporation to install an underground gas pipeline across the premises of the Cortland County Airport from Route 222 to the proposed Snow Removal Equipment Building. Update from Health & Human Services Committee Ms. Price said the Health & Human Services Committee heard a presentation from Family Counseling Services and Cortland Prevention Resources, which recently merged. Also, the Seven Valley Health Coalition provided a viewing of a film titled 2, 3, then Me." AGENDA ITEM NO. 3 – Authorize Agreement - Area Agency on Aging (Visiting Nurse Service of New York Choice) ON MOTION OF PRICE RESOLUTION NO. 228-13 Authorize Agreement - Area Agency on Aging (Visiting Nurse Service of New York Choice) WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with Visiting Nurse Service of New York Choice for the provision of home delivered meals and other services to Choice clients, 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. 4 – Amend Budget - Area Agency on Aging Title IIID Health Promotion ON MOTION OF PRICE RESOLUTION NO. 229-13 Amend Budget - Area Agency on Aging Title IIID Health Promotion RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 301 ---PAGE BREAK--- WHEREAS, the New York State Office for the Aging has allocated carryover funds in the amount of $4,296.00 for evidence-based programming under the Title IIID Health Promotion Program for the period January 1, 2013 through December 31, 2013, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-54004 4331 Computer Software +$1,000.00 A67725-54005 4331 Office Supplies +$1,296.00 A67725-54055 4331 Professional Services +$2,000.00 Revenues: A677244-43772 4331 Federal Aid - Title IIID +$4,296.00 AGENDA ITEM NO. 5 – Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods ON MOTION OF PRICE RESOLUTION NO. 230-13 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on September 5, 2013 for the period October 1, 2013 through December 31, 2013, 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, the following bids were received: 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Amy Cobb, Legislative District 3 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 302 ---PAGE BREAK--- Quandt’s, PO Box 700, Amsterdam, NY 12010 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 , 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 the above departments are authorized and directed to purchase said items from the lowest responsible bidders, and best value, for the period October 1, 2013 through December 31, 2013. AGENDA ITEM NO. 6 – Authorize Agreement Health Department/Administration TransactRx (National Immunization Network) ON MOTION OF PRICE RESOLUTION NO. 231-13 Authorize Agreement Health Department/Administration TransactRx (National Immunization Network) WHEREAS, TransactRx is a leading provider of claims processing services, healthcare provider networks, web based software applications and revenue cycle management services for healthcare providers that administer vaccines, AND WHEREAS, the Cortland County Health Department wishes to enter into a participation agreement with TransactRx to utilize one or more of the technologies and/or services provided by TransactRx, AND WHEREAS, there is a one- time enrollment and credentialing fee of $250.00 that is budgeted in expenditure account A40115.54055, AND WHEREAS, a Management fee of $1.50 per paid Claim will be deducted from payments being made by TransactRx to the Cortland County Health Department, AND WHEREAS, the agreement shall be in effect for a one year term, and shall automatically renew for successive one-year terms unless either party provides written notice of non-renewal, NOW THEREFORE NOW BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to the approval of the Legislature, is hereby authorized to sign a Participation Agreement with POC Network Technologies, Inc., a Delaware corporation, d/b/a TransactRx, RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 303 ---PAGE BREAK--- with its principal offices located at 2332 Galiano Street, Suite 250 Coral Gables, Florida 33135. AGENDA ITEM NO. 7 – Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant ON MOTION OF PRICE RESOLUTION NO. 232-13 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $39,165 for the period of 10/01/13 – 09/30/14 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 2013 budget in accounts A40115-A40125.51005, $26,761 (Personnel), A40115.58020-58065 $12,404 (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/Accept Funds Health Department/ Administration/ Special Programs Breast & Cervical Cancer Early Detection Program ON MOTION OF PRICE RESOLUTION NO. 233-13 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Amy Cobb, Legislative District 3 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Danny G. Ross, Legislative District 12 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 304 ---PAGE BREAK--- orize 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. in the amount of $31,611 to continue the Breast and Cervical Cancer Early Detection Program for the period of 7/1/13-6/29/14 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, $31,611 is already in the 2013 County Budget in Expenditure Account A40105.54500.4007 (Medical Fees & Services) and Revenue Account A401043.43450.4007 (Cancer Services), 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. 9 – Authorize Agreement/Accept Funds Health Department/Administration/ Special Programs Breast & Cervical Cancer Early Detection Program ON MOTION OF PRICE RESOLUTION NO. 234-13 Authorize Agreement/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program WHEREAS, Resolution #301-12 and Resolution #5-13 gave the Cortland County Health Department permission to enter into an agreement with Health Research, Inc. to continue the Breast & Cervical Cancer Early Detection Program for the period 6/30/12-6/29/13 which pays for screening and diagnostic services for uninsured and underinsured women in the amount of $25,346, AND WHEREAS, the Cortland County Health Department has been awarded an additional $4,500, AND WHEREAS, these funds are in the 2012/2013 budget in accounts A40105.54500.4007 (Medical Fees & Services) and Revenue Account A401043.43450.4007 (Cancer Services), NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 305 ---PAGE BREAK--- RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with Health Research, Inc. to accept these funds. AGENDA ITEM NO. 10 – Authorize Agreement Department of Social Services Contract Attorney ON MOTION OF PRICE RESOLUTION NO. 235-13 Authorize Agreement Department of Social Services Contract Attorney WHEREAS, Cortland County Department of Social Services is desirous of contracting with Ingrid Olsen-Tjensvold, Esq. for child welfare legal representation services, AND WHEREAS, the funding of up to $10,500 needed for this Agreement is provided through the Professional Services Account A60105.54055, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of September 1, 2013 through December 31, 2013 with Ingrid Olsen-Tjensvold, Esq. Update from Highway Committee Mr. Fuller said the Highway Department is working to complete various projects. Weather and flooding clean-up has delayed some projects however he is pleased with the progress and expects all projects to be complete by snow season. Update from Solid Waste Committee Mr. Troy spoke in favor of Agenda Item No. 12. He gave a brief overview of how the Ash for Trash deal has progressed. He referenced the 2009 EnSol report and said the County has reviewed the report but other than finally accepting BUD material, no action has been taken. He encouraged legislators to vote in favor of the resolution. AGENDA ITEM NO. 11 – Authorize Exemption from Tipping Fees River Clean-Up Highway/Solid Waste Division RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 306 ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 236-13 Authorize Exemption from Tipping Fees River Clean-Up Highway/Solid Waste Division 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 the request for exemption from tipping fees, NOW THEREFORE BE IT RESOLVED, that the Division of Solid Waste is hereby authorized 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. 12 – Establish Landfill Transfer Station Project/ Approve Professional Services/ Amend 2013 Budget/Transfer Funds Ms. Briggs spoke in opposition of the resolution, saying she is not opposed to the concept of the proposal, however without a commitment or any public discussion from Onondaga County she cannot support the resolution. Mr. Willcox asked about how Barton & Loguidice were selected to perform the work, and why an RFP was not done. Highway Superintendent Don Chambers said that the County already has a term agreement with Barton & Loguidice as the engineers for the Solid Waste program. Because of the term agreement, and because professional services are not required to be put out to bid, bids were not solicited. Mr. Troy asked Kevin Voorheis of Barton & Loguidice to explain the work that needs to be done. Mr. Voorheis explained the proposal and the four tasks that are included: 1) Updating the Solid Waste Management Plan; 2) The Part 360 Permit Modification; 3)SEQR Preparation; and 4) Transfer Station Design and Bid Preparation. Ms. Briggs asked if the County could act on these items separately. Mr. Voorheis said the first three items need to be done simultaneously. The fourth item could be delayed as it is not as time sensitive. Ms. Price asked why the project is time sensitive and if it could be tabled, even just for a month. Mr. Voorheis said that it is important to act soon, as the some of the environmental and ecological studies required by the SEQR process need to be done during peak foliage season, and no later than November. Mr. Pace read an e-mail response from Ryan McMahon, the Chair of the Onondaga County Legislature, saying, "We have not seen any legislation on this to this point. We will have two public hearings when we do receive it. There is support for the proposal in my caucus. You should feel comfortable moving ahead with what you need to do." Ms. Price asked Chairman Park to review the financial projections compiled by Mr. Murphy. Motion to "Call the Question" on Agenda Item No. 12 RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 307 ---PAGE BREAK--- Mr. Natoli made a motion to "call the question" and end all debate on the topic. Second by Mr. Whitney. All members voting in favor; none opposed. The motion was approved. Motion to Amend Agenda Item No. 12 The Clerk distributed an amendment to Agenda Item No. 12, reading, "RESOLVED, the County's General Fund will temporarily load the Landfill money for the SEQR and engineering design costs with the understanding that all loans will be repaid in full at the time the bond revenue is received in 2014," Vote on Agenda Item No. 12 as amended: ON MOTION OF TROY RESOLUTION NO. 237-13 Transfer Station Project/ Approve Professional Services/ Amend 2013 Budget/Transfer Funds WHEREAS, the Solid Waste Committee recommends the advancement of the Landfill Transfer Station Project, AND WHEREAS, there is a need to establish an account and transfer funds into said project account to cover the Professional and Legal Services required for said project , ANDWHEREAS, the funds are to be appropriated from the landfill capping reserve fund, AND WHEREAS, the proposed transfer station will require several major tasks such as the Solid Waste Management Plan Update, a 6 Part 360 Permit Modification, SEQR Document Preparation and the Transfer Station Design & Bidding Documents, 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 397-12 to provide Professional Services for said project, AND WHEREAS, the Solid Waste Committee desires to appoint Patrick Snyder, Esq., 70 Port Watson St., Cortland, NY 13045 to provide legal review and assistance for SEQR related services for landfill permits and operations, NOW THEREFORE BE IT RESULT: ADOPTED AS AMENDED [15 TO 4] MOVER: John R Troy, Legislative District 1 SECONDER: Anthony Pace, Legislative District 7 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Arnold, Fuller, Price NAYS: Newell Willcox Jr., Susan Briggs, Donnell Boyden, George Wagner RESULT: AYES: ADOPTED [UNANIMOUS] Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 308 ---PAGE BREAK--- 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, for professional services related to said project at an estimated cost not to exceed $238,900.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute all documents related to the advancement of landfill transfer station project through final design and bidding, AND BE IT FURTHER 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, Patrick Snyder, Esq., 70 Port Watson St., Cortland, NY 13045 for professional/legal services related to said project at an estimated cost not to exceed $12,000.00, AND BE IT FURTHER RESOLVED, the County's General Fund will temporarily load the Landfill money for the SEQR and engineering design costs with the understanding that all loans will be repaid in full at the time the bond revenue is received in 2014, AND BE IT FURTHER RESOLVED, that the 2013 Adopted Budget is hereby amended as follows: Increase: Expense: H81605.52265.8170 Transfer Station Project $250,900.00 Update from Personnel Committee Mr. Pace said two variations of the Rules of Order were reviewed by the Personnel Committee, however neither version gained the support of the committee to be moved forward to the Legislature. Chairman Park said at this point he would like to wait until next term to allow new legislators an opportunity to review the Rules of Order. AGENDA ITEM NO. 13 – Award Proposal/ Authorize Agreement Third Party Administration/ Cortland County Health Insurance ON MOTION OF PACE RESOLUTION NO. 238-13 Award Proposal/ Authorize Agreement Third Party Administration/ Cortland County Health RESULT: ADOPTED [18 TO 0] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs 309 ---PAGE BREAK--- Insurance WHEREAS, Cortland County has solicited Requests for Proposal for Third Party Administration of the County’s Health Benefits Program, as prepared by the consulting firm of Benefits Consulting Group, AND WHEREAS, three proposals were received and analyzed, AND WHEREAS, upon this analysis, it has been determined that EBS-RMSCO Inc., will provide the highest level of Administration and Case Management of the County’s plan, will provide the same local network of participating providers, and does so at the lowest administrative cost per participant for each of the next three years, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby accepts and awards the Third Party Administration of the County’s Health Benefits Plan to EBS-RMSCO Inc., and hereby authorizes and directs the Chairman of the Legislature, upon review and approval by the County Attorney, to execute a contract for Third Party Administration from December 31, 2013 through December 31, 2016. Specific stop loss insurance to cover the County’s Health Benefits Plan is renewed annually. Update from Ag/Planning/Environment Committee Mr. Ross said NYS is changing the way Medicaid billing for transportation is handled and First Transit, DSS and other departments are working help make the transition without disrupting service to riders, the Planning Department or to First Transit. Update from Judiciary & Public Safety Committee Mr. Whitney said the acceptance testing for the new Motorola Interoperable Communications System is nearly complete and there is exceptional coverage throughout the County. Mr. Whitney referenced an recent newspaper article on the potential of converting the gymnasium in the County Jail into additional space to house inmates, in hopes of reducing the costs of sending/housing inmates in other facilities. He said this is only a preliminary idea and any action will be reviewed by the JPS Committee and the Legislature. Mr. Whitney thanked the District Attorney's Office and the Probation Department for their efforts in preparing the two local laws to be adopted. AGENDA ITEM NO. 14 – Adopt Local Law of 2013 A Local Law Prohibiting Within Cortland County the Possession, Purchase, Attempted Purchase in Excess of the Federal Limits, of Pseudophedrine and Products Containing Pseudophedrine 310 ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 239-13 Adopt Local Law of 2013 A Local Law Prohibiting Within Cortland County the Possession, Purchase, Attempted Purchase in Excess of the Federal Limits, of Pseudophedrine and Products Containing Pseudophedrine Be it enacted by the Cortland County Legislature of the County of Cortland as follows: Section 1: WHEREAS, 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 purchase, attempted purchase, and/or possession of pseudoephedrine and other products containing pseudoephedrine (PSE) in quantities which exceed the established federal limits, AND WHEREAS, the possession and purchase of excessive quantities of PSE is leading to the manufacture, sale, use and possession of methamphetamine, a controlled substance under New York State Public Health Law § 3306, Schedule II, AND WHEREAS, the substances, which are more specifically described below, are often used as an essential ingredient to manufacture methamphetamine, and further, the purchase and possession of excessive quantities of PSE by individuals leads to the unlawful sharing, sale and/or other illegal or unintended use of PSE to manufacture methamphetamine, AND WHEREAS, it has been determined that the said effects of these purchases, attempted purchases and/or possession pose an actual and imminent threat to the safety of the citizens of Cortland County, New York, NOW THEREFORE, BE IT ORDERED BY THE LEGISLATURE OF CORTLAND COUNTY, NEW YORK AS FOLLOWS: Section 2: It is hereby declared to be unlawful for any person to possess, purchase and/or attempt to purchase any one or more of the following substances in the quantities enumerated below within the boundaries of Cortland County, New York: The factors outlined in USA Patriot Act, Title VII, Combat Methamphetamine Epidemic Act of 2005 is incorporated into this Local Law to limit the purchase, attempted purchase and/or possession of PSE, as follows: RESULT: ADOPTED [18 TO 0] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Danny G. Ross, Legislative District 12 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs 311 ---PAGE BREAK--- 1. Daily Sales Limit on Retailers: Retail sales may not exceed 3.6 grams PSE per day per purchaser, regardless of the number of transactions. 2. 30-Day Purchase Limits on Consumers: Individuals are prohibited from purchasing more than 9 grams PSE per 30-day period. 3. Non-Liquid Forms: All non-liquid forms (including gelcaps) of PSE products must be sold in blister packs with not more than two dosages or in unit-dose packets or pouches. 4. Mail Order Limits: Mail-order companies may not sell more than 7.5 grams to a customer within a 30-day period. 5. Behind-the-Counter Placement: All PSE products must be placed behind a counter (any counter, not necessarily the pharmacy counter) that is not accessible to purchasing consumers or in a locked display case that is located on the selling floor. Retailers must give the product directly to the purchaser; therefore, a retailer without a pharmacy may still sell the combination PSE products from behind a counter or locked display case. 6. Logbook: Retailers must maintain a logbook of information on transactions involving PSE products. The logbook must be available for inspection and copying by a law enforcement officer upon request to the retailer. The logbook may be maintained in either written or electronic form. The logbooks must capture the following information: a. Purchaser’s signature; b. Purchaser’s name and address, legibly entered or written; c. Date and time of sale; d. Name of product sold; and e. Quantity sold. Logbooks must provide notice to purchasers that entering false statements or misrepresentations in the logbook may subject purchasers to criminal penalties federally under 18 United States Code §1001 and locally under this local law. The purchaser must sign the logbook and enter the name, address, and date and time of sale. The retailer must check the information entered by the purchaser against the photo ID and enter the name and quantity of product sold. Logbook requirements do not apply to purchases of single sales packages that contain no more than 60mg of PSE. Each entry must be maintained for two years following the date of entry and the format may be written or electronic. 7. Photo ID: In conjunction with the logbook requirement, retailers will be required to ask for photo identification (ID) issued by either a state or the federal government or other appropriate ID. 8. Training and Certification: Retailers must train applicable sales personnel to ensure that they understand the requirements of PSE product sales and submit self-certifications to the attorney general in this regard. The Drug Enforcement Administration will issue regulations on the training criteria. 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, or other municipal entities within the geographical boundaries of 312 ---PAGE BREAK--- Cortland County. If any of the aforementioned substances, pseudoephedrine, its compounds, salts or isomers, or products containing ephedrine, pseudoephedrine, or in excess of these quantities enumerated above, are found to purchased, attempted to be purchased and/or in the possession of any person, such substances may be confiscated and destroyed by law enforcement officials, or such substances may be maintained as evidence, or the person purchasing, attempting to purchase or possessing such substances in excess of such quantities may be charged with a class misdemeanor. Section 4: Possession is defined pursuant to the New York State Penal Law §10 “to have physical possession or otherwise to exercise dominion or control over tangible property.” The term “possess” includes actual or constructive possession of tangible property (See People v. Manini, 79 NY2d 561, 573). For the purposes of this Local Law, it shall be unlawful for any person to purchase, attempt to purchase and/or possess more than the quantities as set forth in section 2, above and as set forth in USA Patriot Act, Title VII, Combat Methamphetamine Epidemic Act of 2005 and are subject to charges as stated in Section 3 of this Local Law. Section 5: 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 6: Jurisdiction- It should be noted that under New York State Criminal Procedure Law section 20.40(4)(c) & an offense committed within 500 yards of the boundary of a particular county, and in an adjoining county of this state, may be prosecuted in either such county; or an offense committed in a private vehicle during a trip thereof extending through more than one county may be prosecuted in any county through which such vehicle passed in the course of such trip. Section 7: 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 8: This law 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 9: 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 10: 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 11: Emergency Clause- It is hereby declared that an emergency exists and this law, being necessary for the preservation of the health, safety and welfare of citizens of Cortland County , New 313 ---PAGE BREAK--- York, shall be effective immediately upon its passage and approval and filing with the New York State Secretary of State. AGENDA ITEM NO. 15 – Authorize Agreement NYSEG Emergency Response and Communications ON MOTION OF WHITNEY RESOLUTION NO. 240-13 Authorize Agreement NYSEG Emergency Response and Communications WHEREAS, Cortland County has space available on 8 radio communications towers located throughout Cortland County and that space is available to rent to businesses that need such service, AND WHEREAS, NYSEG, a public utility company operating in Cortland County, is in need of a radio communications tower space to operate part of their radio network, and that the Cortland County radio tower known as "Virgil" meets that need, AND WHEREAS the County Attorney and the Director of the Department of Emergency Response and Communications have negotiated an agreement with NYSEG for the rental of tower space, 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 a rental agreement between the County and NYSEG in the amount of $2,000 per month rental fee for space on the Virgil Tower. The initial term of this contract shall be five years, starting Oct. 1, 2013, with an option to renew for an additional five years at a rate of $2,040 per month. AGENDA ITEM NO. 16 – Adopt Local Law No. of 2013 A Local Law Establishing Certain Fees for Probation Department Services ON MOTION OF WHITNEY RESOLUTION NO. 241-13 RESULT: ADOPTED [18 TO 0] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Danny G. Ross, Legislative District 12 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs RESULT: ADOPTED [18 TO 0] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs 314 ---PAGE BREAK--- Adopt Local Law No. of 2013 A Local Law Establishing Certain Fees for Probation Department Services WHEREAS, the New York State Probation State Aid Block Grant Award to Cortland County for the 2013-2014 state fiscal year in the amount of $196,746 was not increased from the 2012-2013 state fiscal year, and represents only 12% reimbursement of the total 2014 Probation Department budget expenses, AND WHEREAS, unfunded mandates to Probation Departments have increased, AND WHEREAS, Executive Law §257-c and Family Court Act §252-a permit Counties to adopt local laws authorizing Probation Departments to impose fees for certain Probation Department services, NOW THEREFORE BE IT ENACTED, by the County 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 315 ---PAGE BREAK--- 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 CortlandCounty Probation Department, the County may seek to enforce payment in any manner permitted for 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. 316 ---PAGE BREAK--- Effective Date This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. AGENDA ITEM NO. 17 – Accept Funds/Amend Budget STOP DWI/Sheriff Department ON MOTION OF WHITNEY RESOLUTION NO. 242-13 Accept Funds/Amend Budget STOP DWI/Sheriff Department WHEREAS, a contribution of money has been made available from an individual, NOW THEREFORE BE IT RESOLVED, the 2013 budget is amended to reflect the acceptance of these funds with the following adjustments to the 2013 budget: Increase Revenue A331542-42705-3116 DARE Program $1,000.00 Expense A33155-54800-3116 Program Expense $1,000.00 AGENDA ITEM NO. 18 – Amend 2013 Budget/Transfer Funds ON MOTION OF WHITNEY RESOLUTION NO. 243-13 Amend 2013 Budget/Transfer Funds WHEREAS, due to the increase in boarding out inmates in 2013, AND WHEREAS, the cost of Miscellaneous Support services will increase to beyond the budgeted amount causing a deficit in the Miscellaneous Support Services account, NOW THEREFORE BE IT RESULT: ADOPTED [18 TO 0] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs RESULT: ADOPTED [18 TO 0] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Amy Cobb, Legislative District 3 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs 317 ---PAGE BREAK--- RESOLVED, that the 2013 County Budget is hereby amended as follows: Decrease: Contingency Account A1990-54775 $80,000 Increase: Expenses: Jail- Misc. Support Services A31505-54083 $80,000 AGENDA ITEM NO. 19 – Appointment of Jail Physician Pursuant to Correction Law § 501 ON MOTION OF WHITNEY RESOLUTION NO. 244-13 Appointment of Jail Physician Pursuant to Correction Law § 501 WHEREAS, New York State Correction Law § 501 requires the County to appoint a reputable physician, duly authorized to practice medicine, as the physician to the jail of the County, AND WHEREAS, the physician appointed shall hold his office at the pleasure of the Legislature, AND WHEREAS, it is the finding of the County Legislature, that the professional medical care requirements of Correction Law § 501 should be provided in an affordable and practical manner, AND WHEREAS, it is the finding of the County Legislature, that the legal requirements of Correction Law § 501 can best be met by providing for the compensation of a Jail Physician and his Physician’s Assistant and Registered Nurses by contractual agreement, NOW THEREFORE BE IT RESOLVED, that Marshall M. Trabout, M.D., is appointed Cortland County Jail Physician to serve at the pleasure of the County Legislature, AND BE IT FURTHER RESOLVED, that the compensation and payments to the Jail Physician for the professional services of himself and his Physician’s Assistant shall not exceed $5,611.00 per month from January 1, 2014 through December 31, 2016, AND BE IT FURTHER RESOLVED, that the compensation and payments to the Jail Physician for the medical professional services of a Registered Nurse employed by the Physician for services to be rendered at the Cortland County Jail shall not exceed $4,158.00 per month from January 1, 2014 through December 31, RESULT: ADOPTED [18 TO 0] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs 318 ---PAGE BREAK--- 2016, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is authorized to sign a professional services agreement with the Jail Physician for the Cortland County Jail. AGENDA ITEM NO. 20 – Accept Funds/Amend Budget Sale of Vehicles Sheriff's Dept ON MOTION OF WHITNEY RESOLUTION NO. 245-13 Accept Funds/Amend Budget Sale of Vehicles Sheriff's Dept WHEREAS the Sheriff has sold obsolete vehicles from his fleet and now has surplus revenue that he would like to use to repair remaining vehicles in the fleet until they can be replaced, NOW THEREFORE BE IT RESOLVED that the following amendments be made to the 2013 Budget: Increase Revenue A311042 42665 Sale of Equipment $10,605 Increase Expense A31105 54300 Repair & Maintenance of Equipment $10,605 Update from Building & Grounds Committee AGENDA ITEM NO. 21 – Accept Proposal/Authorize Agreement Buildings and Grounds Ehrlich Pest Control RESULT: ADOPTED [18 TO 0] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs RESULT: ADOPTED [18 TO 0] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs 319 ---PAGE BREAK--- ON MOTION OF WILLCOX JR. RESOLUTION NO. 246-13 Accept Proposal/Authorize Agreement Buildings and Grounds Ehrlich Pest Control WHEREAS, the Cortland County Buildings and Grounds Committee is desirous in continuing its efforts to thwart the crow infestation on and around its County Office Building and Courthouse, AND WHEREAS, the Buildings and Grounds Committee has solicited proposals from Pest Control Vendors to enforce the current “Wailer” system and be cognizant of it immediate neighbors, AND WHEREAS, Ehrlich Pest Control, 85 Main St., Suite 300, Johnson City, N.Y. 13790 has proposed to use its “Rejex-it Fog Force” Treatment, which is derived from a concord grape based solution which is not harmful to humans or other mammals for the proposed price of $2,175.00, NOW THEREFORE BE IT RESOLVED, that the Cortland Legislature accepts Enrlich’s proposal and authorizes the Chairman of said Legislature to enter in an agreement with Ehrlich to maintain their “Rejex-it Fog Force” Treatment on County Buildings at a cost not to exceed $2,175.00, upon approval of the County Attorney, AND BE IT FURTHER RESOLVED, that the funds for this Agreement will be deducted from Account Number A16205.54076, Building Repairs. Update from Budget & Finance Committee Mr. Pace said the Budget & Finance Committee reviewed the Annual Independent Audit for year ending 2012. He said working with a new auditor was a little more time consuming but that it was good to get some "new eyes" on the County's finances. Mr. Pace will be working with the County Administrator and department heads to establish budget workshop dates. AGENDA ITEM NO. 22 – Authorize Auctioneer for Sale of County Properties Mr. Pace said the Budget & Finance Committee asked the County Treasurer to discuss options with the recommended auctioneer to determine if they would be willing to reduce the buyer's premium if the County prepared the deeds for transfer. County Treasurer Monroe said the auctioneer has declined to reduce the premium, however she still recommends contracting with them because they allow for on-line bidding and credit card payment. ON MOTION OF PACE RESOLUTION NO. 247-13 RESULT: ADOPTED [18 TO 0] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner AWAY: Susan Briggs 320 ---PAGE BREAK--- Authorize Auctioneer for Sale of County Properties WHEREAS The Treasurer's Office of Cortland County advertised and received proposals for the auction of In Rem Tax Foreclosures: Index 11-564, 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 Street Whitney Point, N.Y. 13862 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval of the County Attorney, is hereby authorized to execute a contract with The NYSAuctions.com Team, Absolute Auctions & Realty Inc., 45 South Ave. Pleasant Valley, N.Y. 12569 and Haroff Auction & Realty Inc., 100 Pine Ln., Schroon Lake, N.Y. 12870 for the 2011 foreclosed properties. Announcements Adjourn 321 ---PAGE BREAK--- Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, October 24, 2013 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner ABSENT: Cobb (Excused), Spaulding (Excused), Pace (Excused) Approval of Minutes Approve Minutes of August, 22, 2013 Approve Minutes of September 10, 2013 Special Meeting Approve Minutes of September 26, 2013 Privilege of the floor Mr. Tom Gobel of Cortland spoke regarding Agenda Item No. 26, and said as the County considers potential locations for a new jail, it should also evaluate potential options for the existing building, such as apartments. RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Newell Willcox Jr., Legislative District 9 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Newell Willcox Jr., Legislative District 9 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Newell Willcox Jr., Legislative District 9 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 322 ---PAGE BREAK--- Proclamations & Recognitions Recognizing the Cortland Count Communications Advisory Board Mr. Park presented the proclamation to Mr. Whitney, who thanked the Communications Advisory Board members in attendance. Recognizing Cornell Cooperative Extension of Cortland County's 100Th Anniversary Mr. Fuller presented the recognition to Heather Birdsall and Amy Winters, Cooperative Extension representatives. Presentation of Petitions, Communications, and Notice Receive and File Mortgage Tax Distribution Report - April to September County Administrator's 2014 Tentative Budget Ms. Price made a motion to Receive & File both documents. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Mr. Murphy gave an overview of the tentative budget, and thanked the department heads for their efforts in preparing their respective budgets, particularly in controlling costs and increasing revenues wherever possible. The 2014 overall spending plan totals $123,282,573.00, which is only $293,000 more than last year. The tax levy is $32,979,348, which is $193,000 more than last year. The wage contracted increases alone were over $260,000. For the first time since its inception the property tax cap fell below relying instead on the inflation rate of 1.6%. This proposed budget has the County using 89.6% of its constitutional taxing limit. The budget proposes laying off two full time and six part-time positions. He added that the County will employ 111 fewer employees in 2014 than in 2009. Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Update from Health & Human Services Ms. Price said the Health Committee is looking forward to reviewing budget requests from the many departments that report to them. AGENDA ITEM NO. 1 – Create Project/Transfer Funds/Amend Budget - Jail Renovations Capt. Budd Rigg gave an overview of the proposed jail renovations. He said the project includes renovations to the current gymnasium area, which is operated to house inmates, based on a variance allowed by the state. This variance expires in April of 2014, and if the County plans to reapply for the variance at that time then the County must show proof of action to remedy the situation. He said the renovations will create 34 beds in the space, which will accommodate the 15 currently there, as well as 19 more. This may result in an opportunity to add revenue by housing inmates from other counties. He said this is a temporary fix as the jail sees an annual average inmate percentage increase of about so those 19 beds will be filled in a few years. In 2012 about $250,000 was spent in housing out inmates, and this year will likely be even more. He said the layout of the current jail forces additional personnel hours for supervision purposes, and that this proposal will necessitate additional personnel as well. RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 323 ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 248-13 Create Project/Transfer Funds/Amend Budget - Jail Renovations WHEREAS, Cortland County is operating on a variance from the NYS Commission of Corrections to utilize the jail gymnasium to house inmates, AND WHEREAS, the County wishes to renovate the jail to increase inmate volume and reduce costs associated with housing out inmates, NOW THEREFORE BE IT RESOLVED, that upon approval of the project from the NYS Commission of Corrections, a project account be created for Jail Renovations, and that the 2013 County Budget is hereby amended as follows: Decrease: Contingency Account A1990 $70,000.00 Increase: Jail Renovations A31505 52073 2350 $70,000.00 AGENDA ITEM NO. 2 – Authorize Agreements Health Department/Hospice (Program Services) ON MOTION OF PRICE RESOLUTION NO. 249-13 Authorize Agreements Health Department/Hospice (Program Services) WHEREAS, Caring Community Hospice of Cortland, a division of the Cortland County Health Department, contracts for home health aide, personal care aide, homemaker, licensed practical nurses, physical therapy, speech pathology, occupational therapy, audiology, respiratory therapy, pharmacy services, laboratory, medical equipment and supplies, infusion therapy, hospital inpatient, respite and outpatient services, ambulance/stretcher /wheelchair transport services, nursing facility services, disability home services, radiology, physician services, AND WHEREAS, the following agencies/contractors provide/ coordinate services: Franciscan Health Support Licensed Agency (aides/lpns) Graceann Forrester (Physical Therapist) Mary Emm (Speech Pathologist) Kinney Pharmacy (pharmacy) CRMC (hospital laboratory, inpatient, respite, outpatient services, radiology) CMH-DME Services (CRMC medical equipment and supply company) Lincare Infusion services (infusion) CRMC-NF (NF ) Cortland Park Rehabilitation and Nursing Center (NF) Crown Center for Nursing and Rehabilitation (NF) CNY-DSO (disability homes) TLC (ambulance/stretcher/wheelchair transport) and other contractors are added as necessary to meet the needs, AND WHEREAS, Hospice must provide such services in accordance with Federal and State regulations, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 324 ---PAGE BREAK--- WHEREAS, monies for contracted services are budgeted in expenditure accounts A40485.54006 Medical Supplies and Materials and A40485.54500 Patient Expense, AND WHEREAS, the term for the above contracts is December 31, 2013 through December 31, 2015, AND WHEREAS, these agreements may 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 are authorized to execute agreements for the provision of said services with fully qualified providers and for reimbursement of hospice services provided, upon review and approval by the County Attorney. AGENDA ITEM NO. 3 – Authorize Agreements Health Department/ Hospice (Insurance Reimbursement) ON MOTION OF PRICE RESOLUTION NO. 250-13 Authorize Agreements Health Department/ Hospice (Insurance Reimbursement) WHEREAS, Caring Community Hospice of Cortland, a division of the Cortland County Health Department, contracts with managed care entities and other payers/ insurers for reimbursement of hospice services, AND WHEREAS, the following insurers/companies reimburse for hospice or palliative care services: UnitedHealthCare All Blue Cross products HealthNow Cigna CD-PHP MVP Aetna Fidelis Total Care Purdue Frederick RMSCO POMCO VA and others are added as necessary to receive reimbursement for services provided, AND WHEREAS, Hospice must provide such services in accordance with Federal and State regulations, AND WHEREAS, the term for the above contracts is December 31, 2013 through December 31, 2015, except for insurance agreements for hospice reimbursement which require auto- renewable terms and include termination clauses, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 325 ---PAGE BREAK--- WHEREAS, these agreements may 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 are authorized to execute agreements for the provision of said services with fully qualified providers and for reimbursement of hospice services provided, upon review and approval by the County Attorney. AGENDA ITEM NO. 4 – Authorize Agreement Health Department/Hospice (Auditor) This item was deferred until the end of the meeting. AGENDA ITEM NO. 5 – Authorize Agreements Department of Social Services (Day Care Services) ON MOTION OF PRICE RESOLUTION NO. 251-13 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 2014 for Day Care Services with agencies/providers pursuant to criteria established by the New York State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that the said agreements shall be contingent upon the approval of the County Attorney or designee and subject to appropriation of funding by the Legislature. AGENDA ITEM NO. 6 – Authorize Agreements Department of Social Services (Foster Care) ON MOTION OF PRICE RESOLUTION NO. 252-13 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 2014 for foster care and adoption services with foster care and adoption agencies and/or foster care parents licensed RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Susan Briggs, Legislative District 14 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 326 ---PAGE BREAK--- or otherwise authorized by the New York State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that the said agreements shall be contingent upon the approval of the County Attorney or designee and subject to appropriation of funding by the Legislature. AGENDA ITEM NO. 7 – Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) ON MOTION OF PRICE RESOLUTION NO. 253-13 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 12/31/13 and 12/31/14 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 Legal Aid Society of Mid-New York Legal Consultants/Attorneys 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. 8 – Authorize Agreements Department of Social Services (Work Experience Work Sites) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 327 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 254-13 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 12/31/13 through 12/31/14 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. 9 – Abolish/Create Clinical Director of Mental Health Programs (Full Time)/Clinical Director of Mental Health Programs (Part Time) Ms. Price said that a vacancy existed in the Mental Health Department and by shifting duties this position can be cut in hours, thus saving money, while not reducing services. ON MOTION OF PRICE RESOLUTION NO. 255-13 Abolish/Create Clinical Director of Mental Health Programs (Full Time)/Clinical Director of Mental Health Programs (Part Time) WHEREAS, the needs of the agency will be better served by abolishing one full time position of Clinical Director of Mental Health Programs) in the Mental Health department, AND WHEREAS, the Health and Human Services Committee recommends the creation of one part time Clinical Director of Mental Health Programs (17.5 Hours/week), NOW THEREFORE BE IT RESOLVED, that one full time position of Clinical Director of Mental Health Programs (Grade 6, $52,890-64,348/YR, Management Compensation Plan) be and hereby is abolished effective October 24, 2013, AND BE IT FURTHER RESOLVED, that one part time position of Clinical Director of Mental Health Programs (17.5 Hours/week, Grade 6, $26,334-32,051/YR, Management Compensation Plan) be created effective October 25, 2013. AGENDA ITEM NO. 10 – Abolish Create Area Agency on Aging Account Clerk(Full Time)/Account Clerk (Part Time) This position is vacant, so will not result in a layoff. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 328 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 256-13 Abolish Create Area Agency on Aging Account Clerk(Full Time)/Account Clerk (Part Time) WHEREAS, the needs of the agency will be better served by abolishing one full time position of Account Clerk in the Area Agency on Aging, AND WHEREAS, the Health and Human Services Committee recommends the creation of one part time Account Clerk (17 hours/week), NOW THEREFORE BE ITRESOLVED, that one full time position of Account Clerk (Grade 7, $14.0225- 17.4018/HR, CSEA) be and hereby is abolished effective October 24, 2013, AND BE IT FURTHER RESOLVED, that one part time position of Account Clerk (17 hours/week, Grade 7 $14.0225- 17.4018/HR, CSEA) be created effective October 25, 2013. AGENDA ITEM NO. 11 – Amend Resolution #178-13 Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant ON MOTION OF PRICE RESOLUTION NO. 257-13 Amend Resolution #178-13 Authorize Agreement/Accept Funds Health Department Immunization Action Plan Grant WHEREAS, the New York State Dept. of Health has awarded the Cortland County Health Dept. $150,000 for the contract term of 4/1/13-3/31/18 to continue the Immunization Action Plan Program, AND WHEREAS, the New York State Department of Health has awarded the Cortland County Health Dept. the following: $30,000 for Contract Period 4/1/13-3/31/14 $30,000 for Contract Period 4/1/14-3/31/15 $30,000 for Contract Period 4/1/15-3/31/16 $30,000 for Contract Period 4/1/16-3/31/17 $30,000 for Contract Period 4/1/17-3/31/18 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 329 ---PAGE BREAK--- A40115.51005-51010 $20,365 WHEREAS, these funds will be used to improve immunization levels of people in Cortland County, AND WHEREAS, these funds are in the 2013 budget in accounts (Personnel), and A40115.58020-58065 $9,635 (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. 12 – Amend Resolution # 212-13 Authorize Agreement/Accept Funds Health Department/Administration Integrated Cancer Services Program ON MOTION OF PRICE RESOLUTION NO. 258-13 Amend Resolution # 212-13 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 $302,914; $82,500 (Infrastructure), and $220,414 (Clinical Services), for the contract term of 7/1/13-6/30/18 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, the New York State Department of Health has awarded the Cortland County Health Dept. the following: $82,500 for Contract Period of 7/1/13-3/31/14 (Infrastructure) $34,802 for Contract Period of 7/1/13-3/31/14 (Clinical) $46,403 for Contract Period of 4/1/14-3/31/15 (Clinical) $46,403 for Contract Period of 4/1/15-3/31/16 (Clinical) $46,403 for Contract Period of 4/1/16-3/31/17 (Clinical) $46,403 for Contract Period of 4/1/17-3/31/18 (Clinical) WHEREAS, Cortland County will be contracting with other health care providers (physicians, laboratories, radiology services), for the period of 7/1/13-3/31/18 to help coordinate the efforts of the grant, AND WHEREAS, these funds are in the 2013 County Budget in Expenditure Accounts A40105.51005-51010 $50,723 (Personnel), and A40105.58020-58065 $30,777 (Fringe), A40105.54000-54500.4007 $35,802 (Contractual), and Revenue Account A401043.43450.4007 $117,302 (Cancer Services), NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 330 ---PAGE BREAK--- RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 13 – Authorize Contract Ability Network/Mental Health ON MOTION OF PACE RESOLUTION NO. 259-10 Authorize Contract Ability Network/Mental Health WHEREAS, the Cortland County Mental Health Department has a contract with Ability Network Inc. to provide computerized batch billing software for 2012-2013, AND WHEREAS, the aforementioned contract is due to expire on September 30, 2013, 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 for 2013-2014 with Ability Network Inc., for computerized batch billing software, the term of which will begin October 1, 2013 and end September 30, 2014. The sum of payment for the agreement is $1,296.00. AGENDA ITEM NO. 14 – Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau Funding ON MOTION OF PRICE RESOLUTION NO. 260-13 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau Funding WHEREAS, the NYS Office of Children and Family Services, through the Resource Allocation Plan, has made available the sum of $64,557.00 in Youth Development/Delinquency Prevention Funds (YDDP) and Special Delinquency Prevention Program Funds (SDPP) for 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 2013 and for which a copy is in the County Youth Bureau Office, RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Don Spaulding, Legislative District 6 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Anthony Pace RESULT: ADOPTED [UNANIMOUS] SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 331 ---PAGE BREAK--- NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review by the County Attorney, be and hereby is authorized to execute the Resource Allocation Planning Agreement with the NY State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that in the event that the county does not receive the appropriate funds from the NY State Office of Children and Family Services, the County shall not be liable to pay any of its own funds to meet any deficiency under the terms of the contract. AGENDA ITEM NO. 15 – Amend Budget/Transfer Funds - Department of Social Services - Services for Recipients ON MOTION OF PRICE RESOLUTION NO. 261-13 Amend Budget/Transfer Funds - Department of Social Services - Services for Recipients WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2013 Budget, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.56123 Program-JD/PINS $130,000 Increase: Expense: A60105.56070 Program-Services for Recipients $130,000 AGENDA ITEM NO. 16 – Authorize Agreements - Area Agency on Aging Several Agencies, Departments, Etc. ON MOTION OF PRICE RESOLUTION NO. 262-13 Authorize Agreements - Area Agency on Aging Several Agencies, Departments, Etc. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 332 ---PAGE BREAK--- 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 2014 for or with the following: Access to Independence David Alexander, Attorney at Law Central New York Chapter Alzheimer's Association Comfort Keepers Cortland County Department of Social Services Cortland County Office of Employment and Training Cortland Housing Assistance Council, Inc. Cortland Regional Medical Center Long Term Home Health Care Program Cortland Regional Nursing & Rehabilitation Facility Critical Signal Technologies, Inc., GTL, Inc. (d/b/a Link to Life) Dina Lawson Fidelis Care Franciscan Companies Harmony Information Systems (formerly Synergy) New York State Energy Research and Development Authority New York State Office for the Aging Robert Levine, MSW Scott United Methodist Church Seniors at Home LLC (d/b/a Home Instead Senior Care) Seven Valley Health Coalition StafKings Healthcare Systems, Inc. Visiting Nurse Service of New York Choice Walden Place AGENDA ITEM NO. 17 – Amend Budget/Transfer Funds - Department of Social Services - Child Care ON MOTION OF PRICE RESOLUTION NO. 263-13 Amend Budget/Transfer Funds - Department of Social Services - Child Care WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2013 Budget, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.56109 Program-Family Assistance $90,000 Increase: Expense: A60105.56119 Program-Child Care $90,000 AGENDA ITEM NO. 18 – Amend Budget/Transfer Funds - Department of Social Services - Health RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 333 ---PAGE BREAK--- Insurance ON MOTION OF PRICE RESOLUTION NO. 264-13 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 2013 Budget, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.51005 Admin-Personal Services $40,000 Increase: Expense: A60105.58060 Admin-Health Insurance $40,000 Update from Highway Committee All summer highway projects are completed and open, with the exception of the Cheningo Road Bridge, which should be complete within a week. The department is preparing for winter weather and outfitting vehicles accordingly. AGENDA ITEM NO. 19 – Transfer Funds/Highway Projects Highway Department ON MOTION OF FULLER RESOLUTION NO. 265-13 Transfer Funds/Highway Projects Highway Department WHEREAS, the Cortland County Highway Committee has recommended the transfer of funds within the Highway Department Budget to adjust and pay for the cost of materials and equipment associated with various established 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 RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Don Spaulding, Legislative District 6 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Anthony Pace 334 ---PAGE BREAK--- RESOLVED, that the 2013 County Budget be amended as follows: Decrease Expense: D51125.54077.7010 $38,000.00 Willow Crossing Rd.-Materials D51125.54077.7017 $30,000.00 Telephone Rd. Ext. Bridge-Materials D51105.54077.7306 $10,000.00 Facility Maintenance-Materials D51125.54065.7018 $50,000.00 Truxton Tully Rd. Equipment Increase Expense: D51125.54077.7018 $32,000.00 Truxton-Tully Rd.-Materials D51125.54077.7014 $18,000.00 McGraw-Marathon Rd.- Materials D51125.54077.7015 $18,000.00 Cheningo Solon Pond Rd.- Materials D51125.54077.7008 $10,000.00 S. Cort. Virgil Rd. Materials D51125.54065.7014 $25,000.00 McGraw Marathon Rd.-Equipment D51125.54065.7015 $25,000.00 Cheningo Solon Pond Rd. Equipment AGENDA ITEM NO. 20 – Transfer Funds/Highway Project Highway Department ON MOTION OF FULLER RESOLUTION NO. 266-13 Transfer Funds/Highway Project 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 the McGraw-Marathon Road Slope Failure Repair Project, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent the project accounts for the McGraw-Marathon Slope Repair Project are hereby established, AND BE IT FURTHER RESOLVED, that with the recommendation of the Cortland County Highway Superintendent the RESULT: ADOPTED [15 TO 1] MOVER: David Fuller, Legislative District 17 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner NAYS: Gordon Wheelock EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 335 ---PAGE BREAK--- following project funds shall be transferred, AND BE IT FURTHER RESOLVED, that the 2013 County Budget be amended as follows: Decrease Increase Expense: D51125.54065.7032 $40,000.00 McGraw-Marathon Slope – Equip D51125.54077.7032 $56,000.00 McGraw-Marathon Slope - Materials AGENDA ITEM NO. 21 – Resolution Amending Resolution 226-11 Obstruction Removal Cortland County Airport Highway Department ON MOTION OF FULLER RESOLUTION NO. 267-13 Resolution Amending Resolution 226-11 Obstruction Removal Cortland County Airport Highway Department WHEREAS, Resolution No. 216-11 approved the project, accepted grants from the FAA and NYSDOT, and authorized Construction and Inspection contracts for Obstruction Removal at the Cortland County Airport, AND WHEREAS, Resolution 226-11 amended the approved funding levels for the project as follows: 95% Federal $883,500.00 2.5% State $23,250.00 2.5% Local $23,250.00 Total $930,000.00 , AND WHEREAS, all contract work is now completed, and actual costs exceeded those established in Resolution No. 226-11, NOW THEREFORE BE IT RESOLVED, that Resolution No. 226-11 is hereby amended as follows: 1. The funding for the said Contracts shall be increased to following funding participation levels: 95% Federal $1,001,208.75 2.5% State $26,347.60 RESULT: ADOPTED [15 TO 1] MOVER: David Fuller, Legislative District 17 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner NAYS: Susan Briggs EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace Expense: D51125.54077.7019 $92,500.00 Little York Xing Culvert-Materials D51125.54065.7019 $ 3,500.00 Little York Xing Culvert- Equipment 336 ---PAGE BREAK--- 2.5% Local $26,347.60 Total $1,053,903.95 2. The additional Local (County) funding amount of $3,097.60 shall be transferred to the project revenue account from Account No. A56105.52253 in the 2013 Airport Budget. 3. The County Treasurer is hereby authorized and directed to amend the Project Budget to account for the amended totals for said project. Update from Solid Waste Committee Mr. Troy said volume at the recycling center is modestly increasing, and that they are now accepting hard plastics. He said based on our attorney's advice a few minor changes have been made to the contract language with Barton & Loguidice and that work will begin very soon. He said extra independent testing on ash material from OCRRA will be done, and that OCRRA will be paying for those tests. Mr. Troy and Mr. Park have been visiting with town boards to answer questions about the Ash for Trash deal, and will be visiting with all towns and villages soon. Update from Personnel Committee The Clerk said Mr. Pace has created an advisory committee, consisting of himself, Mr. Troy, Ms. Price, Mr. Whitney, with advice and input from Ed Goheler, Mark Suben, Kristen Monroe, County Administrator and Personnel Director to address salary concerns for various attorneys that work for the County. AGENDA ITEM NO. 22 – Amend 2013 Budget/Transfer Funds - Personnel Department/Professional Services ON MOTION OF PACE RESOLUTION NO. 268-13 Amend 2013 Budget/Transfer Funds - Personnel Department/Professional Services WHEREAS, due to the increase in the need for Professional Services in 2013, 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 2013 County Budget is hereby amended as follows: Decrease: Expense: Unemployment Account A90505-58000 20,000 RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 337 ---PAGE BREAK--- Increase: Expense: Professional Services A14305-54055 20,000 Update from Ag/Planning/Environment Mr. Ross said the Planning Department is reviewing options to maintain funding for First Transit. Mr. Dineen said that due to a NYS mandate that non-emergency Medicaid transportation rides will be administered through a brokerage firm, rather than DSS. This has resulted in a significant reduction in rides and thus funds, to First Transit. This reduction may result in a loss of services, or a potential closing of the public transit system. AGENDA ITEM NO. 23 – Adopt Cortland County Coordinated Public Transit Human Services Transportation Plan Cortland County Transportation Advisory Committee Cortland County Planning Department ON MOTION OF ROSS RESOLUTION NO. 269-13 Adopt Cortland County Coordinated Public Transit Human Services Transportation Plan Cortland County Transportation Advisory Committee Cortland County Planning Department WHEREAS, Resolution 136-09 adopted the Cortland County Transportation Needs Assessment Final Report funded by the NYSDOT Rural Transportation Assistance Program, AND WHEREAS, the adoption of the Cortland County Transportation Needs Assessment Final Report made Cortland County eligible to apply for and receive New York State Department of Transportation/Federal Transit Authority funding to implement the recommendations of the report and improve public and human service agency client transportation services available to residents of Cortland County, AND WHEREAS, Cortland County is presently utilizing Federal Transportation Administration (FTA) programs Section 5316, Job Access and Reverse Commute (JARC), Section 5317, New Freedom (NF), Section 5310 Transportation for Elderly Persons and Person with Disabilities, AND WHEREAS, under MAP-21 Cortland County will be eligible for funding under Section 5311 Non- Urbanized Formula Grant Program for the continuation the Mobility Management as well as the Section 5310 Transportation for Elderly Persons and Persons with Disabilities, AND WHEREAS, the Cortland County Coordinated Public Transit Human Services Transportation Plan was prepared to address federal mobility management goals first established under the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETA-LU) and continued under the Moving Ahead for RESULT: ADOPTED [UNANIMOUS] MOVER: Danny G. Ross, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 338 ---PAGE BREAK--- Progress in the 21st Century Act (MAP-21) which passed in 2012, AND WHEREAS, the adoption of the Cortland County Coordinated Public Transit Human Services Transportation Plan will update the coordinated plan currently in effect to better address the transportation needs of Cortland County by encouraging coordination efforts between providers of transportation and cooperation between human service agencies which could increase efficiencies in operation and provide more transportation options; marketing current and proposed services to the general public and educating the public and those who work with specialized populations on the available transportation services; working with other counties in the region to create a transportation network not constrained by county borders; and using available FTA funding to work on coordination efforts and the creation of new services to address unmet transportation needs, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby officially adopts the Cortland County Coordinated Public Transit Human Services Transportation Plan. AGENDA ITEM NO. 24 – Accept Monies from the Auction/Sale of Public Transit Buses Planning Department ON MOTION OF ROSS RESOLUTION NO. 270-13 Accept Monies from the Auction/Sale of Public Transit Buses Planning Department 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, County of Cortland has received $3,825 from Roy Teitsworth, Inc. from the auction and sale of buses disposed of under the Cortland County public transportation system, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature accept said monies to be deposited into Reserve Account A369110 until there is a necessity to reduce the gross project costs of other capital transit projects as specified by New York State Department of Transportation. Update from Judiciary & Public Safety Committee Mr. Whitney said local law enforcement officials are considering a local law regarding pawn shops to help track stolen goods. Mr. Whitney said the New World Systems software is still experiencing difficulties. County representatives will be meeting with Cortland Regional Medical Center about the possibility of doing non- criminal autopsies, which could reduce transportation costs, as all autopsies are currently done at Lourdes Hospital in Binghamton. RESULT: ADOPTED [UNANIMOUS] MOVER: Danny G. Ross, Legislative District 12 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 339 ---PAGE BREAK--- The Interoperable Communications Project is progressing, but is waiting for full implementation until after the recorder can be installed, which is scheduled to begin Nov. 18. AGENDA ITEM NO. 25 – Amend Budget County Clerk Miscellaneous Support Services ON MOTION OF WHITNEY RESOLUTION NO. 271-13 Amend Budget County Clerk Miscellaneous Support Services WHEREAS, the four year contract for an Electronic Document Management System was still in negotiations at the time the County Clerk's budget requests were submitted to the Budget Officer in 2012, AND WHEREAS, the 2013 Budget was not modified to reflect the amount of the four year contract approved by Resolution 281-12 on September 27th, 2012, NOW THEREFORE BE IT RESOLVED, that the budget be amended as follows: INCREASE A1410 54083 Miscellaneous Support Services $9,140 DECREASE A19905 54775 Contingency $9,140 AGENDA ITEM NO. 26 – Amend Budget - Emergency Response & Communications - Utilities ON MOTION OF WHITNEY RESOLUTION NO. 272-13 Amend Budget - Emergency Response & Communications - Utilities WHEREAS, due to the increase in utilities for the operation of the newly constructed radio towers, AND WHEREAS, the cost of utilities will increase to beyond the budgeted amount causing a deficit in the utilities account, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: ADOPTED [15 TO 1] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner NAYS: Susan Briggs EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 340 ---PAGE BREAK--- RESOLVED, that the 2013 County Budget is hereby amended as follows: Decrease: Contingency Account A1990-54775 $17,500.00 Increase: Expenses: Utilities A30205-54025 $17,500.00 Update from Building & Grounds Committee Mr. Willcox said the County's efforts to keep crows out of Courthouse Park have appeared to work so far. AGENDA ITEM NO. 27 – Accept Proposal/Authorize Agreement J.D. Ferro Roofing Building & Grounds ON MOTION OF RESOLUTION NO. 273-13 Accept Proposal/Authorize Agreement J.D. Ferro Roofing Building & Grounds WHEREAS, the Cortland County Buildings and Grounds Committee is desirous of a roof repair over the handicap entrance at the County Office Building, AND WHEREAS, the Buildings and Grounds Committee has solicited proposals from J.D. Ferro Roofing, LLC and Empire Construction, AND WHEREAS, J.D. Ferro Roofing, LLC, 390 State Route 13 Cortland , N.Y. 13045 has submitted the least expensive proposal, AND WHEREAS, Account # A16205.54076 will be utilized to fund this expense, AND WHEREAS, the funds required for this repair is $4,619.00, NOW THEREFORE BE IT RESOLVED, that the Cortland Legislature accepts the proposal from J.D. Ferro Roofing, LLC and authorizes the Chairman of said Legislature to enter in an agreement with J.D Ferro Roofing, LLC for the proposed cost of $4,619.00 upon approval of the County Attorney. AGENDA ITEM NO. 28 – Renew Agreement Waste Management of New York, LLC Buildings & Grounds RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Ray Parker, Legislative District 2 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 341 ---PAGE BREAK--- ON MOTION OF WILLCOX JR. RESOLUTION NO. 274-13 Renew Agreement Waste Management of New York, LLC Building & Grounds WHEREAS, Waste Management of New York, LLC, 4521 Steelway Blvd. North, Liverpool, New York, 13090 has provided a proposal for January 1, 2014 through December 31, 2104 as a renewal of the current contract for a cost of $1,347.86, for the following sites; County Office Building 3 x per week $556.49 County Court House 3 x per week $349.00 County Highway 1 x per week $ 75.79 Dwyer Memorial Park 1 x per week $291.50 (5/1 - 9/30) 37 Church St. 1 x per week $ 75.08 Annual Total $ 16,174.32 , 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 December 31, 2013 through December 31, 2014 upon approval of the County Attorney, AND BE IT FURTHER RESOLVED, that the following amounts be charged to A16205.54625, Garbage Collection. AGENDA ITEM NO. 29 – Accept Bids, Authorize Agreement, Amend 2013 Budget - Window Replacement and Window/Door Replacement - 37 Church St./County Office Building (Buildings & Grounds) ON MOTION OF WILLCOX JR. RESOLUTION NO. 275-13 RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 342 ---PAGE BREAK--- Accept Bids, Authorize Agreement, Amend 2013 Budget - Window Replacement and Window/Door Replacement - 37 Church St./County Office Building (Buildings & Grounds) WHEREAS, Cortland County advertised, received and reviewed bids for: Gym Windows Replacement and Window /Door replacement for 37 Church St., AND WHEREAS, the Cortland County received a bid from Flower City Glass which had improprieties, and JCM Architects recommends the County allow Flower City Glass to withdraw their bid, AND WHEREAS, Window Specialists, 188 Erie St., Lancaster, N.Y. 14086 has submitted the lowest responsible bid of $193,200.00, NOW THEREFORE BE IT RESOLVED, the County Legislature hereby allows Flower City Glass to withdraw their bid, accept the lowest responsible bid from Window Specialists for $193,2000 and directs the Chairman of this Legislature to enter into an agreement with Window Specialists, upon approval of the County Attorney, AND, BE IT FURTHER, RESOLVED, that this Legislature hereby authorizes the amendment of the 2013 Budget by directing the Treasurer to make the following transfers; Transfer $155,000.00 from Tobacco Funds - A 359900 (Appropriated Funds) and $38,200 from Buildings & Grounds Account # A16205 54025 (Utilities) to Buildings & Grounds Account # A16205 52200 1624 (Doors & Window Project) to fund the Doors & Window Project. Update from Budget & Finance Committee AGENDA ITEM NO. 30 – Authorize Settlement of CPLR Article 78 Proceeding Commenced by Creamery Hills, L.P., Against Lawrence E. Fitts, as Assessor of the Town of Harford, the Town of Harford, Dryden Central School District and the County of Cortland ON MOTION OF PACE RESOLUTION NO. 276-13 Authorize Settlement of CPLR Article 78 Proceeding Commenced by Creamery Hills, L.P., Against Lawrence E. Fitts, as Assessor of the Town of Harford, the Town of Harford, Dryden Central School District and the County of Cortland WHEREAS, Creamery Hills, L.P., as owner of a low-income senior apartment project, situated on property located at 355 Creamery Road in the Town of Harford, designated as Tax Map No. 162.00-07- 06.000-2 and 162.00-07-06.000-212, commenced a CPLR Article 78 proceeding concerning the valuation and assessment of the aforementioned property in Cortland County Supreme Court, as Index No. 13-386, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Newell Willcox Jr., Legislative District 9 SECONDER: Susan Briggs, Legislative District 14 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 343 ---PAGE BREAK--- WHEREAS, a proposed Settlement Agreement to discontinue the Article 78 proceeding has been approved by the other parties involved herein, the Town of Harford and Dryden Central School District, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes approval of the Settlement Agreement to discontinue and resolve the Article 78 proceeding commenced by Creamery Hills, L.P., in accordance with the attached Settlement Agreement. AGENDA ITEM NO. 31 – Set November, December 2013 Meeting Dates ON MOTION OF PARK RESOLUTION NO. 277-13 Set November, December 2013 Meeting Dates WHEREAS, the Cortland County Legislature’s Rules of Order state that all regularly scheduled Legislative meetings shall be held on the fourth Thursday of each month at 6 p.m., AND WHEREAS, in accordance with the Rules of Order, the regularly scheduled meeting can be changed, by resolution, AND WHEREAS, it is necessary to change the regularly scheduled meeting in November and December due to conflicts with federal holidays, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature shall hold its regularly scheduled meetings November 21, 2012 and December 19, 2012 at 6:00 p.m. Executive Session Announcements Mr. Park said he will appoint an Advisory Committee to review the County's property that borders Cortlandville Sand & Gravel and Lime Hollow Nature Center. Mr. Whitney will chair the committee, which will consist of Ms. Briggs, Don Chambers, Dan Dineen, Ms. Arnold, John Proud, and a representative from Cortlandville Sand & Gravel. Adjourn RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Amy Cobb, Don Spaulding, Anthony Pace 344 ---PAGE BREAK--- Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, November 21, 2013 6:00 PM Board Room Public Hearing - Local Law of 2013 - Mortgage Tax Chairman Park opened the public hearing for Proposed Local Law of 2013 - Extending the Mortgage Recording Tax in Cortland County. There was nobody who wished to speak, so Chairman Park closed the meeting. Salute to the Flag Roll Call PRESENT: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Cobb (Excused), Willcox Jr. (Excused), Ross, Arnold (Excused) Approval of Minutes Cortland County Legislature - Legislative Session - Oct 24, 2013 6:00 PM Privilege of the floor There was no one who wished to address the Legislature. Proclamations & Recognitions Presentation of Petitions, Communications, and Notice Receive and File Town of Scott Senior Center Petition In addition to the petition from the Scott Senior Center, the Clerk has also received petitions from Truxton, Marathon and Willet. RESULT: ACCEPTED [UNANIMOUS] MOVER: Ray Parker, Legislative District 2 SECONDER: Susan Briggs, Legislative District 14 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 345 ---PAGE BREAK--- Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions Health & Human Services Committee Update AGENDA ITEM NO. 1 – Authorize Agreement Health Department/Hospice (Auditor) ON MOTION OF PRICE RESOLUTION NO. 278-13 Authorize Agreement Health Department/Hospice (Auditor) WHEREAS, Caring Community Hospice of Cortland, a division of the Cortland County Health Department, is required to complete a comprehensive annual Medicare Cost Report, AND WHEREAS, Hospice will contract with Caryn Hughes, financial analyst specializing in Hospice Cost Report preparation to compile and analyze data to complete a cost report for a fee not to exceed $2000 maximum, AND WHEREAS, monies for the above service are budgeted in expenditure account A40485.54055, AND WHEREAS, the term for this agreement is December 31, 2013 through December 31, 2014, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Susan Briggs, Legislative District 14 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 346 ---PAGE BREAK--- RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement for provision of such service. AGENDA ITEM NO. 2 – Authorize Agreement - Area Agency on Aging (Hopko Designs) ON MOTION OF PRICE RESOLUTION NO. 279-13 Authorize Agreement - Area Agency on Aging (Hopko Designs) WHEREAS, the Cortland County Area Agency on Aging wishes to enter into a contract with Hopko Designs for the creation and design of a website for the Agency in an amount not to exceed $3,500.00, AND WHEREAS, the funds for this project are part of the Systems Integrations grant, 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. 3 – Appoint Members Community Services Board Mental Health ON MOTION OF PRICE RESOLUTION NO. 280-13 Appoint Members Community Services Board Mental Health WHEREAS, the By-Laws of the Cortland County Community Services Board, Article 3, Section 1 states that membership of the organization shall consist of fifteen (15) members appointed by the Cortland County Legislature, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Susan Briggs, Legislative District 14 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 347 ---PAGE BREAK--- WHEREAS, the term of each member of the Board shall be four years except for vacancies for unexpired terms, AND WHEREAS there are currently two vacancies due to the resignation(s) of Polly Cator MD, and Mary McGory whose terms are set to expire on 12/31/15, NOW THEREFORE BE IT RESOLVED, that the following appointments be made: NAME/ADDRESS TERM Elaine Lambert 12/1/2013 - 12/31/2015 (remainder of Mary McGory Term) 5557 Route 41 Homer, NY 13077 Christopher Driscoll 12/1/2013 - 12/31/2015 (remainder of Polly Cator MD. Term) 4979 Lincklaen Road Cuyler, NY 13150 AGENDA ITEM NO. 4 – Amend Budget - Area Agency on Aging (Title VII Long Term Care Ombudsman Program) ON MOTION OF PRICE RESOLUTION NO. 281-13 Amend Budget - Area Agency on Aging (Title VII Long Term Care Ombudsman Program) WHEREAS, the New York State Office for the Aging has allocated additional funds in the amount of $2,661.00 for the Title VII Long Term Care Ombudsman Program for the period January 1, 2013 through December 31, 2013, AND WHEREAS, $1,491.00 of these funds are in the 2013 County Budget in Account A67725-51005 4330 (Personal Services), NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expenses: RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 348 ---PAGE BREAK--- A67725-52060 4334 Computer Equipment +$590.00 A67725-54001 4334 Printing +$120.00 A67725-54004 4334 Computer Software +$260.00 A67725-54005 4334 Office Supplies +$200.00 Revenues: A677244-43772 4334 Federal Aid - Title VII +$1,170.00 AGENDA ITEM NO. 5 – Authorize Agreements - Various Agencies/Departments Mental Health ON MOTION OF PRICE RESOLUTION NO. 282-13 Authorize Agreements - Various Agencies/Departments Mental Health 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 beginning Dec. 31, 2013 for or with the following: Ability Network, Inc. Abel Screening Inc. Accumedic ASI of Cortland, LLC Bonadio Group 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 Sentry Alarms Sweeney’s Pest Control AGENDA ITEM NO. 6 – Contract Extension Approval for Attorney Olsen-Tjensvold RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 349 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 283-13 Contract Extension Approval for Attorney Olsen-Tjensvold WHEREAS, Cortland County Department of Social Services is desirous of extending a contract with Ingrid Olsen-Tjensvold, Esq. for child welfare legal representation services due to unforeseen case circumstances, AND WHEREAS, said contract was approved by the Legislature in Resolution #235-13, AND WHEREAS, the additional funding of up to $2,000 needed for the extension of this Agreement is provided through the Professional Services Account A60105.54055, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney and subject to appropriation of funding by the Legislature, be and hereby is authorized to sign a letter of extension to run through March 31, 2014 to the Agreement for the time period of September 1, 2013 through December 31, 2013 with Ingrid Olsen-Tjensvold, Esq. AGENDA ITEM NO. 7 – Award Proposal/Authorize Agreement Health Department/Nursing Division (EMR/EHR - Community Computer Service Inc., MEDENT® ) ON MOTION OF PRICE RESOLUTION NO. 284-13 Award Proposal/Authorize Agreement Health Department/Nursing Division (EMR/EHR - Community Computer Service Inc., MEDENT® ) WHEREAS, the Cortland County Health Department is in need of an Electronic Medical Records and a Medical Practice Management Software System which will enable us to keep up to date and accurate electronic medical records and to ensure the efficient and accurate billing for immunizations and other public health activities, AND WHEREAS, proposals were solicited from known vendors, AND WHEREAS, the following proposals were received: 1. Community Computer Service, Inc. (CCS) RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John Natoli, Legislative District 8 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 350 ---PAGE BREAK--- 15 Hulbert Street Auburn, New York 13021 Purchase Price: $45,347 On-going maintenance fee: $515 (Annual Cost of $6,180) Total Initial Cost with annual maintenance: $51,527 2. SuiteMed 333 Hegenberger Road, Suite 800 Oakland, CA 94621 Purchase Price: $26,339 On-going maintenance fee: $380 (plus fee for billing $400 -$1000) (Annual Cost of $9,360-$16,560) Total Initial Cost with annual maintenance: $35,699-$42,899 3. NextGen 795 Horsham Road Horsham, PA 19044 Purchase Price: $52,584 On-going maintenance fee: $653.99 (Annual Cost of $7,847.88) Total Initial Cost with annual maintenance: $60,431.88 , AND WHEREAS, the proposals were studied and analyzed by Information Technology and the Health Committee of this Legislature, AND WHEREAS, it has been determined that a contract with Community Computer Service, Inc., a New York Corporation, which has an non-exclusive, non-transferable license to use the MEDENT® Practice Management and Electronic Medical Records System will provide the electronic health records system that best fits the needs of the Health Department, AND WHEREAS, the agreement will be in effect from the date hereof until terminated by the Licensee or by CCS as provided herein, NOW THEREFORE BE IT RESOLVED, that the agreement for the practice management and electronic medical records system be awarded to Community Computer Service, Inc. AND BE IT FURTHER RESOLVED, that the Cortland County Health Department is authorized to enter into an agreement for the purchase of said practice management and electronic medical records system software for purchase price of $45,347; $40,000 of which will be received from NYS Department of Health Grant, and for the on-going maintenance with Community Computer Service, Inc. at the rate of $515 per month, 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 authorized and directed to sign an agreement with Community Computer Service, Inc., P.O. Box 980, 15 Hulbert Street, Auburn, New York. AGENDA ITEM NO. 8 – Authorize Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers, Interpreters, and Consultants) 351 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 285-13 Authorize Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers, Interpreters, and Consultants) WHEREAS, the Jacobus Center for Reproductive Health contracts for the following services: · Ahlers (Statistical, Billing Services and Software Support) · Language Interpreters · Medical Records Consultant (Cortland Regional Medical Center Record Consultant) · B. Jean Edwards (Pharmacy Consultant) · Other providers as necessary , AND WHEREAS, monies for the above services are budgeted in the expenditure account: A40355.54055 Professional Services, AND WHEREAS, the term for all above-referenced contracts is December 31, 2013 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, N OW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee of the Cortland County Health Department, upon review and approval by the County Attorney, be and hereby authorized to sign agreements for the above services. AGENDA ITEM NO. 9 – Authorize Agreement/Accept Funds Health Department Immunization Billing RFA Imm - 2013-01) ON MOTION OF PRICE RESOLUTION NO. 286-13 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 352 ---PAGE BREAK--- Authorize Agreement/Accept Funds Health Department Immunization Billing RFA Imm - 2013-01) WHEREAS, the New York State Dept. of Health and Health Research, Inc. has awarded the Cortland County Health Dept. $40,000 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, an amended resolution will be done to add these funds to either the 2013 or 2014 budget in Revenue Account A401143.43450.4040, dependent on when the funds are dispersed, AND WHEREAS, the funds are to be expended to a vendor chosen by resolution, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. AGENDA ITEM NO. 10 – Family Support Services Budget Amendment (Mental Health) ON MOTION OF PRICE RESOLUTION NO. 287-13 Family Support Services Budget Amendment (Mental Health) WHEREAS, the Cortland County Mental Health Department has a Memorandum of Understanding with the Cortland County Youth Bureau to provide Child and Adolescent One on One Respite Services for $3,756.00 from January 1, 2013 through December 31, 2013, AND WHEREAS, the Cortland County Mental Health Department budgeted $4,100 for these services, NOW THEREFORE BE IT RESOLVED, that the 2013 County Mental Health budget be amended as follows: Decrease: Revenues: A431442 41620 4204 $344.00 Highway Committee Update Mr. Fuller said the McGraw Marathon Road bridge project is progressing well, and that the Highway Department vehicles are preparing for winter snow removal. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 353 ---PAGE BREAK--- AGENDA ITEM NO. 11 – Authorize Easement Across County Property to Install Electric Service ON MOTION OF FULLER RESOLUTION NO. 288-13 Authorize Easement Across County Property to Install Electric Service WHEREAS, Cortland County is constructing a Snow Removal Equipment Building pursuant to an FAA and NYSDOT grant, AND WHEREAS, it is necessary to install electric service to the building furnished by National Grid, AND WHEREAS, National Grid desires an easement across the airport property from New York State Route 222 to the proposed Snow Removal Building to construct said underground electric service, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby authorize the Chairman of the Cortland County Legislature, upon review by the County Attorney, to execute an Easement to National Grid to install said underground electric service across the premises of the Cortland County Airport from Route 222 to the proposed Snow Removal Equipment Building. AGENDA ITEM NO. 12 – Authorizing Legal Counsel for Cortland County And the Cortland County Legislature to Complete Eminent Domain Proceeding ON MOTION OF FULLER RESOLUTION NO. 289-13 Authorizing Legal Counsel for Cortland County And the Cortland County Legislature to Complete Eminent Domain Proceeding WHEREAS, the County Highway Department was authorized by Resolution 71-10 to acquire necessary property rights for the purpose of removing Obstructions to Avigation at Cortland County Airport, under FAA Grant No. AIP 3-36-0017-16-10 and NYSDOT PIN 3903.46, AND RESULT: ADOPTED [14 TO 1] MOVER: David Fuller, Legislative District 17 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price NAYS: George Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 354 ---PAGE BREAK--- WHEREAS, in connection with said project, it was necessary that the County acquire certain property rights on lands listed in said County Resolution 71-10, AND WHEREAS, the Highway Department, under direction of the Office of the County Attorney, The Federal Aviation Administration, and the New York State Department of Transportation, attempted to acquire the necessary property rights for said project by negotiation, and all properties were acquired by negotiation except for one, which is owned by Samuel G. Fish, Jr., AND WHEREAS, the County engaged Patrick Snyder, Esq. to pursue eminent domain proceedings over the Fish property, pursuant to Resolution No. 357-11, AND WHEREAS, the avigation easement has been obtained pursuant to court order, unsafe obstructions have been removed, and the landowner has been paid the full appraised value of $29,000 in accordance with the law, AND WHEREAS, the landowner has made a claim with the court that the value of the avigation easement was $450,000, AND WHEREAS, court proceedings are continuing, a new appraisal has been conducted, preparations for a trial are continuing, and expert witnesses will be required, AND WHEREAS, the FAA grant will reimburse the County for 95% of acquisition costs, and the State DOT grant will reimburse the County for 2.5% of all costs, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature is hereby authorizes payment to special counsel Patrick Snyder in furtherance of the court proceedings, for legal services, professional appraisers, and expert witness fees and related expenses, from account number H56105529995616, in an amount not to exceed $35,000.00. AGENDA ITEM NO. 13 – Award Highway Fuel System Service Agreement- Highway Department ON MOTION OF FULLER RESOLUTION NO. 290-13 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, RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 355 ---PAGE BREAK--- Incorporated, 100 Four Points Way, Tallahassee, Florida 32305 with the possibility of a one year extension for the total amount of $1,018.25, 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. 14 – Authorize Extension of State Snow and Ice Control Agreement Highway Department ON MOTION OF FULLER RESOLUTION NO. 291-13 Authorize Extension of State Snow and 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, 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 authorized to execute an agreement effecting such extension and modification. Solid Waste Committee Update Mr. Troy said the battery recycling program will hopefully be approved at this meeting which should reduce the amount of batteries in the solid waste stream. The County's engineers, Barton & Logudice, are progressing on the required testing for the SEQR process at the landfill. He said the archeological, wetland delineations, traffic, noise and endangered species tests are all underway, and they are also working on updates to the Solid Waste Management Plan. Mr. Park and Mr. Troy are continuing to meet with all town boards to answer any questions regarding the proposed Ash for Trash agreement with Onondaga County. RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 356 ---PAGE BREAK--- AGENDA ITEM NO. 15 – Household Hazardous Waste Application Highway Department/Landfill ON MOTION OF TROY RESOLUTION NO. 292-13 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 and Signing of the Associated State Contract, 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. 16 – Authorize Agreement/Leachate Testing Highway Department/Landfill RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 357 ---PAGE BREAK--- ON MOTION OF TROY RESOLUTION NO. 293-13 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 per year, commencing on the execution of the agreement and ending December 31, 2014, 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 #D50205.54055. AGENDA ITEM NO. 17 – Authorize Agreement/Environmental Monitoring Highway Department/Landfill ON MOTION OF TROY RESOLUTION NO. 294-13 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 RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 358 ---PAGE BREAK--- 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 $71,000.00 per year, to be paid from Landfill Account A81605-54055 on a quarterly basis commencing on January 1, 2014 and ending December 31, 2014. AGENDA ITEM NO. 18 – Award Contract Lease of County Recycling Material Baler Recycling Center/Highway Department Mr. John Gale of Casella said there is no viable outlet for residents to recycle batteries. He said that the Recycling Center will begin to accept batteries for recycling. There will be an outreach program to educate residents, and that haulers who use the recycling center will be asked to help initiate the program, and that batteries will need to be kept separate from other recycling materials. Mr. Pace said local schools can assist in the education as well as potential drop-off points. ON MOTION OF TROY RESOLUTION NO. 295-13 Award Contract Lease of County Recycling Material Baler Recycling Center/Highway Department WHEREAS, the Cortland County Highway Superintendent received a proposal for the lease of the recycling material baler from the Cortland County Recycling Facility, AND WHEREAS, Casella Recycling, LLC proposal will debit the actual disposal fees against the revenue generated from rechargeable battery/electronic equipment recycling program, AND WHEREAS, Casella Recycling, LLC has proposed that the labor necessary for processing the batteries delivered to the Cortland County Solid Waste Division shall be considered the lease payment for the recycling materials baler, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Solid Waste Committee, the County Legislature hereby awards lease of the recycling materials baler to Casella Recycling, LLC, 798 Cascadilla Street, Ithaca, NY 14850 for a two year term from January 1, 2014 to December 31, 2015, AND BE IT FURTHER RESOLVED, that upon mutual agreement of Casella Recycling, LLC and Cortland County, the contract may be extended beginning January 1, 2016, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute the necessary agreements for said contract. Personnel Committee Update RESULT: ADOPTED [14 TO 1] MOVER: John R Troy, Legislative District 1 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Boyden, Fuller, Price, Wagner NAYS: Susan Briggs ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 359 ---PAGE BREAK--- Mr. Pace said an Advisory Committee to review Attorney's salaries met, but has not made a Recommendation to the Budget & Finance Committee, however the issue is still being reviewed during budget workshops. AGENDA ITEM NO. 19 – Authorize Agreements Personnel/Civil Service ( Several Agencies) ON MOTION OF PACE RESOLUTION NO. 296-13 Authorize Agreements Personnel/Civil Service ( Several Agencies) WHEREAS, the Personnel Department contracts for various professional services to assist in the provision of services, AND WHEREAS, funds have been allocated and proposed in the 2013 budget in account numbers A14305.54015, A14305.54500, A14305.54055, A14305.58062, A14305.58065, A14305.58060, A14305.54050 and A14305.54770, CH9060 554055, 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, 2013 through December 31, 2015 for or with the following to be paid from the accounts listed, and in accordance with the attached: PSTEK, Inc. Family and Children’s Services of Ithaca Resources Family Health Network Coughlin & Gerhart, LLP YMCA EBS Benefit Solutions-Dental EBS Benefit Solutions-Vision EBS Benefit Solutions-Flex EBS Benefit Solutions-Retiree Billing Hogan Drug and Alcohol Testing, LLP Agriculture/Planning/Environment Committee Update Mr. Boylan said that a check has been received from TCI Renewables for all back payments (about $8,500), however the balance of the escrow account is at zero now, rather than the required minimum of $10,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 360 ---PAGE BREAK--- Judiciary & Public Safety Committee Update Mr. Whitney said the Legislature needs to authorize the official submittal of the corrective action plans from the Sheriff's Department and Probation, in response to the NYS Comptroller's audit completed earlier in the year. Mr. Troy made a motion to approve and submit the corrective action plans prepared by the Sheriff and Probation departments. Second by Mr. Wheelock. All members voting in favor; none opposed. The motion was approved. AGENDA ITEM NO. 20 – Authorize Agreement Extension Sheriff's Department/Jail (Oneida County-Central NY Center Forensic Unit Services) ON MOTION OF WHITNEY RESOLUTION NO. 297-13 Authorize Agreement Extension Sheriff's Department/Jail (Oneida County-Central NY Center Forensic Unit Services) WHEREAS, the Central New York Center Forensic Unit provides services at their center, in the County of Oneida, AND WHEREAS, said Forensic Unit has the capability of providing forensic services for the Sheriff's Department of surrounding counties which have inadequate facilities for treating mentally ill inmates, AND WHEREAS, Oneida has a separate forensic unit, and Cortland County has need from time to time to have prisoners treated at the Central New York Center Forensic Unit, AND WHEREAS, the Oneida County Sheriff provides security services at the Central New York Center Forensic Unit, AND WHEREAS, the New York State Correction Law provides for the designation of substitute jails, and for the removal of said prisoners from jail to appropriate facilities for care and treatment, AND WHEREAS, the parties hereto wish to confirm their understanding and make an agreement pursuant to Section 508 of the Correction Law for security at the Central New York Center Forensic Unit, for inmates from Cortland County who are in need of care at the cost of $165.00 per day fee, commencing December 31, 2013 through December 31, 2016, NOW THEREFORE BE IT RESOLVED, that the Sheriff of Cortland County and the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby are authorized to sign an agreement extension with the Oneida County Sheriff and the County of Oneida. AGENDA ITEM NO. 21 – Authorize Agreement Sheriff's Department/Jail Black Creek Intergrated RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 361 ---PAGE BREAK--- Systems Corporation ON MOTION OF WHITNEY RESOLUTION NO. 298-13 Authorize Agreement Sheriff's Department/Jail Black Creek Integrated Systems Corporation WHEREAS, the maintenance agreement on the Black Creek Integrated Systems Corporation Software will expire on December 31, 2013, AND WHEREAS, the cost of such maintenance agreement is $13,537.50 annually, for the period of December 31, 2013 through December 31, 2014, 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 $13,537.50 per year to be paid from Account A31505-54004 Computer Software. AGENDA ITEM NO. 22 – Abolish Communications Advisory Board Department of Emergency Communications Mr. Troy thanked all members of the Communications Advisory Board for their time and success over the years. RESOLUTION NO. 299-13 ON MOTION OF WHITNEY Abolish Communications Advisory Board Department of Emergency Communications WHEREAS, the Communications Advisory Board was created by Resolution No. 28-05 to “facilitate emergency communications, develop a structure plan and determine long term needs within Cortland County,” AND WHEREAS, the Federal Communications Commission mandated the County change radio RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 362 ---PAGE BREAK--- frequencies and the Communications Advisory Board was charged with meeting this mandate, AND WHEREAS, the Communications Advisory Board assisted in the creation and implementation of the new Interoperable Communications System, thus fulfilling the duty and responsibility it was charged with, NOW THEREFORE BE IT RESOLVED, that the Communications Advisory Board is hereby abolished, effective Dec. 31, 2013. AGENDA ITEM NO. 23 – UHF Paging Base for Emergency Responders Mr. Whitney said while paging problems are occurring within the City of Cortland, it is a problem for all emergency responders. As the County seat many responders from all County departments work or shop within the city, so all agencies are affected by the problem. This project will remove a paging base from Locust Ave., where the County pays rent, to the County Office Building. This will require an additional paging base to cover the Homer area, but will result in the County saving rent money on the Locust Ave. tower. The program will pay for itself in about four years. ON MOTION OF WHITNEY RESOLUTION NO. 300-13 UHF Paging Base for Emergency Responders WHEREAS the Cortland County Department of Emergency Response utilizes a UHF paging system to alert first responders to emergency incidents, AND WHEREAS first responders in Cortland County have been experiencing trouble receiving UHF paging alerts to emergency calls, including dropped and inaudible calls, AND WHEREAS the Department of Emergency Response and Communications has been able to recreate the problems experienced by first responders and has worked to develop a solution to the causes of the dropped and missed emergency paging calls, AND WHEREAS the solution to the problems of dropped and inaudible calls is a re- configuration of the current paging bases and the purchase and installation of one additional UHF paging base, AND WHEREAS the County currently pays rent to a tower company for space for one paging base and the County is desirous of ending rental payments to save money, AND WHEREAS the goal of fixing the UHF paying system problems coincide with the county’s goal of saving costs related to tower rental payments, NOW THEREFORE BE IT RESOLVED that the County authorizes the Director of Emergency Response and Communications to end the current contract with Crown Castle for rental of space at its Locust Avenue Tower as soon as it is feasible and within the terms of the current contract, AND BE IT FURTHER RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 363 ---PAGE BREAK--- RESOLVED that one UHF paging base and its related equipment will be moved and installed at the County’s Public Safety Building rent free, AND BE IT FURTHER RESOLVED that the County will install one new paging base and its related equipment at the Cortlandville Water Tower located at Blue Creek Road, rent free, AND BE IT FURTHER RESOLVED that the 2013 County Budget is hereby amended as follows to accomplish these separate but related goals Decrease: Increase: Contingency Account A1990-54775 $30,000.00 Expenses: A30205-52015 $30,000.00 AGENDA ITEM NO. 24 – Authorize Agreements - County Coroners/Various Physicians ON MOTION OF WHITNEY RESOLUTION NO. 301-13 Authorize Agreements - County Coroners/Various Physicians 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, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has declined to sign a contract which includes the autopsy services of said physicians, thus requiring a contract with each physician, NOW THEREFORE BE IT RESOLVED, that the Chairman of this 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 Dec. 31, 2013 and expiring Dec. 31, 2014. EMP Physicians of Cortland County 4535 Dressler Road NW Canton, Ohio Robin Eastman-Abaya, MD 169 Riverside Drive Binghamton, NY 13902 Michael Zur, MD 169 RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 364 ---PAGE BREAK--- Riverside Drive Binghamton, NY 13902 Kazuko Nitta, MD 169 Riverside Drive Binghamton, NY 13902 James Terzian, MD 169 Riverside Drive Binghamton, NY 13902 Zarina Hernandez-Shipplic, MD 169 Riverside Drive Binghamton, NY 13902 AGENDA ITEM NO. 25 – Authorize Policy Exemption When Acting in Required Official Capacity as County Employee (Sheriff's Department) ON MOTION OF WHITNEY RESOLUTION NO. 302-13 Authorize Policy Exemption When Acting in Required Official Capacity as County Employee (Sheriff's Department) WHEREAS, the Cortland County Legislature is the Legislative body that adopts various policies for County government, AND WHEREAS, certain employees, in their official capacity as public officers, are required by the nature of their positions to act in conflict with the duly adopted county policies, NOW THEREFORE BE IT RESOLVED, that employees of the Sheriff's Department, Probation Department, and Information Technology Department are hereby excluded from portions of County policies when acting in their official capacity, when said policy conflicts with the execution of their required duties, AND BE IT FURTHER RESOLVED, that in those instances of conflict, said employees shall adhere to the internal policies established by their department, AND BE IT FURTHER RESOLVED, that they County shall include language in future policies and policy amendments to accommodate for said conflicts. AGENDA ITEM NO. 26 – Authorize Agreement - Interoperable Communications Audit/Bonadio Group RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 365 ---PAGE BREAK--- ON MOTION OF PACE RESOLUTION NO. 303-13 Authorize Agreement - Interoperable Communications Audit/Bonadio Group WHEREAS, Cortland County has implemented a new Interoperable Communications System as mandated by the Federal Communications Commission, AND WHEREAS, the County was required to adhere to specific and substantial requirements as part of the installation of the project and for the collection and administration of grant funds and procurement policies, AND WHEREAS, the Bonadio Group has provided a proposal to conduct an audit of the program to ensure the County has adhered to all requirements, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to sign a contract with the Bonadio Group to execute an audit on the Interoperable Communications System, at a cost not to exceed $6,000, and to be paid out of account H- 03-3020-54055-1682. AGENDA ITEM NO. 27 – Adopt Policy Cortland County Policies and Procedures for Grant Administration Information Technology ON MOTION OF WHITNEY RESOLUTION NO. 304-13 Adopt Policy Cortland County Policies and Procedures for Grant Administration Information Technology WHEREAS, Cortland County receives grants from the New York State Department of Homeland Security and Emergency Services AND RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: John Natoli, Legislative District 8 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 366 ---PAGE BREAK--- WHEREAS, requires the County to have written policies and procedures for applying for and administering those grants, NOW THEREFORE BE IT RESOLVED, that the Cortland County adopt the policy “Cortland County Policies and Procedures for Grant Administration” for grant administration. Building & Grounds Committee Update Budget & Finance Committee Update Mr. Pace said budget workshops are on-going, with the final meeting to be held Monday, Nov. 25 at 1 p.m. The public hearing for the budget is scheduled for Dec. 5 at 6 p.m. in the County Auditorium, and the Legislature will vote on the budget at a special meeting Dec. 12. Ms. Price said she believes the Legislature needs to accept and adopt the Budget & Finance Committee's recommended changes prior to the public hearing. Mr. Purser said this is not required. Mr. Murphy said he will provide guidance to legislators regarding the budget adoption process. Mr. Boylan said that a public hearing and adoption of a Local Law exceeding the tax cap will be adopted at the Dec. 12 meeting. Mr. Murphy said the Budget & Finance Committee had requested that the Little York Pavilion be included in the annual Venesky Space Allocation report. He said Venesky & Company has agreed to include this space in the annual report at no additional cost. AGENDA ITEM NO. 28 – Declare Surplus Property - 49 Grant Street (Horizon House) Mr. Purser said this resolution is declaring there is no public use for the property, and that the Legislature has discussed housing some Highway Department employees on this site during spring renovations to Highway buildings, and that would constitute a public use. He said declaring the property surplus may also result in the city and school district attempting to assess property taxes on the property. Mr. Pace pulled the resolution and said the Budget & Finance Committee will review this again next month. Ms. Briggs said that the proposed appraisal cost of "not to exceed" $5,000 is too high and should be reduced if the resolution comes back to the Legislature. AGENDA ITEM NO. 29 – Apportionment of Mortgage Tax County Treasurer ON MOTION OF PACE RESOLUTION NO. 305-13 RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: PULLED Next: 12/12/2013 1:00 PM 367 ---PAGE BREAK--- Apportionment of Mortgage Tax County Treasurer RESOLVED, that the apportionment of the current mortgage tax monies between the towns of Cortlandville, Homer, Marathon and the villages therein, as submitted by the Budget & Finance Committee, be approved, AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized to make apportioned payments (based on the taxable assessed value) to each of the named tax districts within the County of Cortland of mortgage tax monies as shown below: April 1 - September 30, 2013 Cortlandville Village of McGraw $ 1,715.23 Village of Homer $ 266.59 Town of Cortlandville $ 73,917.75 $ 75,899.57 Homer Village of Homer $ 7,906.39 Town of Homer $ 28,668.28 $ 36,574.67 Marathon Village of Marathon $ 1,433.20 Town of Marathon $ 6,282.14 $ 7,715.34 AGENDA ITEM NO. 30 – Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau ON MOTION OF PACE RESOLUTION NO. 306-13 RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Susan Briggs, Legislative District 14 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 368 ---PAGE BREAK--- Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau WHEREAS, the New York State Division of Tourism's Matching Grant Program is designated to encourage tourism promotion throughout New York and adjacent states, AND WHEREAS, the Cortland County Convention and Visitors Bureau Inc., a non-profit organization, promoting Cortland County as a tourism destination, qualifies as the official Tourism Promotion Agency for Cortland County, AND 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 RESOLVED, that the Cortland County Convention and Visitors Bureau, Inc. is hereby designated by the Cortland County Legislature to make application for and receive grants on behalf of the County pursuant to the New York State Tourism Promotion Act. AGENDA ITEM NO. 31 – Adopt Local Law - Mortgage Recording Tax Mr. Boylan explained the Home Rule Request process, and said that adoption of this Local Law is the final step to implementing and extending the current Mortgage Tax. There is no increase in the existing tax. ON MOTION OF PACE RESOLUTION NO. 307-13 Adopt Local Law - Mortgage Recording Tax WHEREAS, the New York State Legislature has amended New York State Tax Law §253-v, (L 2013, Chapter 130), authoring Cortland County, acting through its local legislative body, to adopt and amend local laws imposing in Cortland County a mortgage recording tax expiring December 1, 2015, AND WHEREAS, the mortgage recording tax previously authorized by Cortland County Local Law No. 3 for the year 2011 expires December 1, 2013, and the Cortland County Legislature wishes to continue the imposition of the mortgage recording tax as permitted by Tax Law §253-v, NOW THEREFORE Local Law No. 3 for the year 2011 is hereby amended to read as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 369 ---PAGE BREAK--- 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. 32 – Authorize Agreement (MUNIS) ON MOTION OF PACE RESOLUTION NO. 308-13 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, 2013 AND WHEREAS, a new Contractual Agreement with Tyler Technologies/MUNIS has been received for the period 12/31/2013 thru 12/31/2014 totaling $34,897.47 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. 33 – Amend 2013 Budget County Attorney Assigned Counsel / Professional Services RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 370 ---PAGE BREAK--- ON MOTION OF PACE RESOLUTION NO. 309-13 Amend 2013 Budget County Attorney Assigned Counsel / Professional Services WHEREAS, the Cortland County Legislature has set forth funds in the 2013 County budget for the payment of legal fees submitted by attorneys that are appointed to represent indigent defendants, AND WHEREAS, the appropriated funds set forth in the Professional Services line of the County Attorney’s Office 2013 budget has been expended, it is necessary to appropriate additional funds for the fiscal year 2013, NOW THEREFORE BE IT RESOLVED, that the 2013 County Budget be and hereby is amended as follows: Increase: Expenses: A1420.54055 Professional Services $125,000.00 A359900 Appropriate Fund Balance $125,000.00 AGENDA ITEM NO. 34 – Resolution Advocating New York State to Increase Funding for Public Transportation and Allow for Local Distribution of Department of Health Transportation Funds ON MOTION OF PARK RESOLUTION NO. 310-13 Resolution Advocating New York State to Increase Funding for Public Transportation and Allow for Local Distribution of Department of Health Transportation Funds WHEREAS, Public transit is the key to independence for many, to individual health and to a 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 and arranging for non-emergency Medicaid transportation services for medical appointments, AND WHEREAS, the Department of Social Services contracted with First Transit, Inc. for said transportation services which included a State approved method of paying a share of costs for operating RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 371 ---PAGE BREAK--- public transportation to benefit all Medicaid recipients using the system to get to medical appointments, AND WHEREAS, in 2010, the State 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 Medicaid 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 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, the elimination of Medicaid funding to support the portion of ridership attributed to Medicaid recipients using public transportation has dramatically impacted the public transit system in Cortland County, and as a result Cortland County may be facing a total loss of public transit in the county by the end of 2013, 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 requests that NYS pay a fair share of public transportation to support the general Medicaid ridership that relies on the system to independently get to their medical appointments, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature calls upon our state representatives to act on behalf of those in need here in Cortland County to assist in saving the public transit system by repealing 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 Association of Counties, State Senator James Seward, Assembly Speaker Sheldon Silver, and Assembly persons 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. AGENDA ITEM NO. 35 – Set Public Hearing Date for Tentative 2014 Budget 372 ---PAGE BREAK--- ON MOTION OF PARK RESOLUTION NO. 311-13 Set Public Hearing Date for Tentative 2014 Budget WHEREAS, the Cortland County Administrator (Budget Officer) for the County of Cortland land prepared and filed with the Cortland County Legislature a Tentative Budget for the fiscal year commencing January 1, 2014 and ending December 31, 2014, and the Budget & Finance Committee has recommended changes to said budget, NOW THEREFORE BE IT RESOLVED, that a Public Hearing upon the 2014 Tentative Budget be held on December 5, 2013, At 6:00 p.m. in the Cortland County Auditorium, Cortland County Office Building, 60 Central Avenue, Cortland, New York, 13045 and that the Clerk of the Legislature properly advertise said meeting in the county’s designated newspaper. Executive Session Ms. Price mad a motion to hold an Executive Session to discuss personnel issues and contract negotiations. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. 1. Motion to Authorize Letter of Intent Mr. Bushnell made a motion that the Chairman is authorized to enter into a letter of intent to negotiate terms for the transfer of Hospice services with Hospicare of Ithaca. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Announcements Adjourn RESULT: ADOPTED [UNANIMOUS] MOVER: Richard Bushnell, Legislative District 5 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Fuller, Price, Wagner ABSENT: Danny G. Ross EXCUSED: Amy Cobb, Newell Willcox Jr., Kathie Arnold 373 ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Tuesday, November 26, 2013 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Parker, Hartnett, Bushnell, Pace, Natoli, Wheelock, Park, Whitney, Briggs, Boyden, Arnold, Fuller, Price ABSENT: Cobb (Excused), Spaulding (Excused), Willcox Jr. (Excused), Ross, Wagner (Excused) New Business Resolutions AGENDA ITEM NO. 1 – Amend Tentative 2014 Budget (County Legislature) Mr. Boylan said the point of the meeting is for the Legislature to adopt the tentative budget. This version of the budget will reflect changes made by the Budget & Finance Committee earlier in the month, and will be the budget enacted should the Legislature not adopt a final version of the budget. If the Legislature does not adopt this resolution, then the Administrator's budget will be the "default" budget if a final budget is not adopted prior to December 20. Mr. Pace said that the Legislature is planning on adopting the budget December 12. However, he asked if the Legislature would like to schedule an additional meeting after Dec. 12, in case more time or other circumstances arise. He made a motion that, if necessary, the Legislature hold a special meeting to adopt the budget on December 17. Second by Mr. Wheelock. All members voting in favor; none opposed. The motion was approved. Mr. Fuller asked about how many aides are in the nutrition program for senior centers in this tentative budget, as three were initially taken out, and three more are being eliminated by adopting this tentative budget. Elizabeth Haskins, Director of Area Agency on Aging, verified this, saying that all center managers and hours of operation are back in the proposed tentative budget, but all aides have been cut to cover those costs. Mr. Fuller said the aide at the Marathon Senior Center in particular is essential to the operation of the center, as tables and chairs need to be set up and taken down for each meal. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Ray Parker, Legislative District 2 AYES: Troy, Parker, Hartnett, Bushnell, Pace, Wheelock, Park, Whitney, Briggs, Boyden, Arnold, Fuller, Price ABSENT: John Natoli, Danny G. Ross EXCUSED: Amy Cobb, Don Spaulding, Newell Willcox Jr., George Wagner ON MOTION OF PACE RESOLUTION NO. 312-13 374 ---PAGE BREAK--- Amend Tentative 2014 Budget (County Legislature) WHEREAS, the County Administrator (Budget Officer) presented the 2014 Tentative Budget to the Budget & Finance Committee October 24, 2014, AND WHEREAS, the Budget & Finance Committee has recommended the budget be amended, AND WHEREAS, a Public Hearing has been scheduled for December 5, 2014 at 6 p.m. in the County Auditorium, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby amends the 2014 Tentative Budget in accordance with the attached. Additions/Expense Changes to 2014 Budget Department Acct # Account Dept. Request Recommended Difference E&T Rent N/A Payment for Rent/IT Support $5,000 $21,500 $15,566.00 Child Advocacy A1165 54067 1160 Rent Reduction $10,000 $39,118 $29,118.00 Legislature A1010 54055 Prof. Services/Audio Equipment N/A N/A $7,000.00 Soil & Water A8710 54850 Agency Funding $275,000 $255,984 $19,016.00 Agency on Aging A6772 51005 Full Time Agency Services Worker N/A N/A $25,222.00 A6772 51005 Full Restoration of Sr. hours N/A N/A $64,432.00 A76225 54070 4321 Insurance Line correction N/A N/A $518.00 Safety Office A3620 54075 Equipment Maintenance N/A N/A $1,100.00 Treasurer A9772 54055 Prof. Svcs - Fiscal Advisors $10,000 $2,500 $7,500.00 B&G A1620 42410 0102 Rent Reduction from CAC $24,500 $10,000 $14,500.00 Overtime A51020 4200 Reduction of Overtime $1,000.00 5,000.00 -2,500.00 TOTAL $181,472.00 375 ---PAGE BREAK--- Cortland County Legislature Legislative Chambers Cortland, NY 13045 Special Meeting http://www.cortland-co.org ~ Minutes ~ Thursday, December 12, 2013 6:00 PM Board Room Public Hearing Public Hearing - Local Law of 2013 - Exceeding Property Tax Cap Chairman Park opened the public hearing and asked if there was anyone who wished to speak. There was no one present who wished to speak. Salute to the Flag Roll Call PRESENT: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price (Remote), Wagner ABSENT: Privilege of the floor Receive and File New Business Resolutions AGENDA ITEM NO. 1 – Adopt Local Law 8 of 2013 - Overriding Tax Levy Limit RESOLUTION NO. 313-13 ON MOTION OF PACE Adopt Local Law 8 of 2013 - 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 RESULT: MOVER: AYES: ABSENT: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner Don Spaulding RESULT: AYES: APPROVED [UNANIMOUS] Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner 376 ---PAGE BREAK--- 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 to be held before the Cortland County Legislature on November 21, 2013, to hear all persons interested in proposed Local Law No. of 2013, NOW THEREFORE BE IT RESOLVED, on recommendation of the Budget, and Finance Committee, that Local Law of 2013 - A Local Law Overriding Tax levy Limit for Fiscal Year 2014 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 2014 Budget ON MOTION OF PACE RESOLUTION NO. 314-13 Adopt 2014 Budget WHEREAS, the Budget & Finance Committee has presented a Tentative Budget to the Cortland County Legislature which was adopted November 26, 2013, AND WHEREAS, a Public Hearing was held before this Legislature December 5, 2013, NOW THEREFORE BE IT RESOLVED that the 2014 Budget, as amended and revised be and hereby is adopted at a Real Property Tax Levy of $32,979,348.00, and that the amounts set forth in the "Adopted" column of said budget be and hereby are appropriated for the objects and purposes specified. Adjourn RESULT: MOVER: AYES: ABSENT: ADOPTED [UNANIMOUS] Anthony Pace, Legislative District 7 Troy, Parker, Cobb, Hartnett, Bushnell, Pace, Natoli, Willcox Jr., Wheelock, Park, Ross, Whitney, Briggs, Boyden, Arnold, Fuller, Price, Wagner Don Spaulding 377 ---PAGE BREAK--- Cortland County Legislature County Office Building Cortland, NY 13045-2746 Legislative Session http://www.cortland-co.org ~ Minutes ~ Thursday, December 19, 2013 6:00 PM Board Room Salute to the Flag Roll Call PRESENT: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price (Remote), Wagner ABSENT: Willcox Jr. (Excused), Briggs (Excused) Approval of Minutes Approve Minutes of Novemer 21, 2013 Privilege of the floor Mr. Rick Nauseef of McGraw spoke in opposition to the proposed Ash for Trash deal, saying that his questions had gone unanswered as to how the deal would affect residents of the village, particularly traffic and water quality concerns. Ms. Alison King spoke in favor of Agenda Item No. 15, saying that rejecting TCI Renewables lease proposal to place three wind turbines on the County landfill does not mean the County is against wind power - only against the terms of this lease, and that the County is not interested in participating with the TCI on this project. Ms. Pam Jenkins spoke in opposition to the proposed Ash for Trash deal. She said the recent testing of ash material was flawed, and that the SEQR should call for a "Type 1" action, rather than an Unlisted Action. Mr. Ron Rocco said that the town of Cortlandville is not an involved agency in the proposed Ash for Trash deal, rather the town is an interested agency, and as such would like to be provided every piece of information between all parties. Ms. Methchild Nagel said she would like additional options considered than the proposed Ash for Trash deal, including thermal gassification which she has seen operating in Germany and other locations. She supported Agenda Item No. 15, saying that as TCI Renewables proceeds with Article X proceedings to place windmills it is fair to let the company know the County does not intend in participating. Proclamations & Recognitions RESULT: APPROVED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Ray Parker, Legislative District 2 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 378 ---PAGE BREAK--- Recognizing Cortland County Legislators Mr. Boylan presented outgoing legislators with a plaque, listed the various committees and boards they have served on and thanked them for their service. He announced the following appointments: Ray Parker - LD 2 since 2010 Agriculture & Planning Vice Chair of Building & Grounds Budget & Finance Health Committee Soil & Water Conservation District Board of Directors Airport Advisory Board Don Spaulding - LD 6 since 2006 Human Services Personnel Building & Grounds Vice Chair of the Health & Human Services Committee Judiciary & Public Safety Community Services Board Records Management Advisory Board CNY Regional Planning & Development Board Cooperative Extension Board Anthony Pace - LD 7 since 2010 Solid Waste Committee Highway Committee Health Committee, Chair for two years Budget & Finance, Chair for two years Chair of Personnel Committee for all four years Community Services Board and all three subcommittes Tompkins Cortland Community College Financial Oversight Committee Cortland County Board of Health County Liaison with the TC3 Board John Natoli - LD 8 since 2012 Health & Human Services Committee Newell Willcox - LD 9 since 2004 representing the town of Homer Health Committee Highway Committee Personnel Committee 379 ---PAGE BREAK--- Building & Grounds Committee, as Vice Chair and Chair Budget & Finance every year, serving as Vice Chair for four years Six years on the Convention & Visitor’s Bureau Board of Directors Danny Ross - LD 12 since 2002 - representing the town of Cortlandville and village of McGraw Budget & Finance Highway Building & Grounds Judiciary & Public Safety Personnel Ag & Planning, as Chair for 10 years TC3 Financial Oversight Committee CNY Regional Planning & Development Board Cortland County Planning Board NYS Open Space Commission CNY Regional Market Authority Agriculture and Farmland Protection Board Empire Zone Administrative Board Tobacco Asset Securitization Board Southern Tier East Regional Planning & Development Board Records Management Advisory Board Fire Advisory Board Kathie Arnold - LD 16 since 2008 - Representing the towns of Truxton, Cuyler and Solon Highway Committee Solid Waste Committee Budget & Finance for all six years, Chair for two years Ag & Planning - as Vice Chair for all six years Local Agriculture Promotion Committee Cornell Cooperative Extension Board of Directors David Fuller - LD 17 since 2010 - Representing the towns of Taylor, Freetown, Cincinnatus and Willet Agriculture/Planning/Environment Committee Solid Waste Committee Judiciary & Public Safety Committee all four years Health & Human Services Committee all four years Highway Committee as Chair all four years RSVP Board Cooperative Extension Board of Directors Nutrition Board 380 ---PAGE BREAK--- Presentation of Petitions, Communications, and Notice Receive and File Receive & File - Resignation of Real Property Director Recieve & File - Unpaid School Taxes for 2013 Reports of Standing, Special and Ad Hoc Committees Articles Postponed to Day Certain Unfinished Business New Business Resolutions AGENDA ITEM NO. 1 – Objection to the Use of Cortland County's Seal or Logos on State Website Associated with Pistol Permit Recertification and/or the NY Safe Act of 2013 Sheriff's Office ON MOTION OF PARK RESOLUTION NO. 316-13 Objection to the Use of Cortland County's Seal or Logos on State Website Associated with Pistol Permit Recertification And/Or the NY SAFE Act of 2013 Sheriff's Office WHEREAS, the State of New York has passed a gun control law referred to as the SAFE Act, AND WHEREAS, this act clearly indicates that the enforcement of this law is the responsibility of New York State, AND WHEREAS, in discussions the state has indicated an interest in using the Cortland County Seal RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: AYES: EXCUSED: APPROVED [UNANIMOUS] Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner Newell Willcox Jr., Susan Briggs RESULT: APPROVED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 381 ---PAGE BREAK--- and the names of the offices of the Cortland County Sheriff and Cortland County Clerk in pistol permit recertification notices, AND WHEREAS, the County Sheriff and the County Clerk have voiced their strong objections to this request and suggestion, NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature denies the State of New York permission to use its name, Seal of the County, letterhead or address for purposed of correspondence with legal and registered gun owners regarding permit recertification or for any other purpose associated with the SAFE Act, AND BE IT FURTHER RESOLVED that certified copies of this resolution be sent to Governor Andrew M. Cuomo, Senator James L. Seward, Barbara Lifton, Brian Kolb, Assemblman Gary Finch, the Superintendent of State Police, and the legislature of every County in the State of New York. AGENDA ITEM NO. 2 – Authorize Contract Cortland County District Attorney (Office of Children and Family Services/Child Advocacy Center) ON MOTION OF PARK RESOLUTION NO. 317-13 Authorize Contract Cortland County District Attorney (Office of Children and Family Services/Child Advocacy Center) WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND WHEREAS, the said NYS grants will henceforth be received by Cortland County on behalf of the District Attorney of Cortland County by contract with OCFS assigning the DA as the lead agency with authority and responsibility to administer grant funds, which OCFS advises will total $114,806 for the OCFS fiscal year 2014, to pay the expenses of running the CAC, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for the time period of December 31, 2013 through December 31, 2014 with OCFS, and the DA be and hereby is authorized to administer funds received from OCFS for the CAC, in an amount not to exceed $114,806. Update from Health & Human Services Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 382 ---PAGE BREAK--- Ms. Price thanked the department heads and legislators that worked with the Health & Human Services Committee over the last two years. AGENDA ITEM NO. 3 – Authorize Agreement Health Department/Environmental Health (Hearing Officer Services) ON MOTION OF PRICE RESOLUTION NO. 318-13 Authorize Agreement Health Department/Environmental Health (Hearing Officer Services) WHEREAS, the Division of Environmental Health requires a Hearing Officer to preside in cases for enforcement of the NYS Public Health Law, NYS Sanitary Code and the Cortland County Sanitary Code, AND WHEREAS, Robert Spitzer, of 23 West Court Street, Cortland, New York will provide the services as necessary to meet the needs, AND WHEREAS, monies for the above services are budgeted in Professional Services Expenditure Account A40125.54055, AND WHEREAS, the term for this agreement shall be from December 31, 2013 to December 31, 2015, AND WHEREAS, this agreement shall include a ninety-day extension clause allowing the agreement to be extended until March 31, 2016 if a successor agreement is not executed by January 1, 2016, AND WHEREAS, this agreement shall waive the requirement for Workman’s Compensation/Unemployment/Liability insurance coverage which names “Cortland County” as an additional insured, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature and the Public Health Director, or designee, upon review and approval of the County Attorney, are hereby authorized and directed to execute an agreement for provision of said Hearing Officer services with Robert Spitzer, 23 West Court Street, Cortland, New York 13045. AGENDA ITEM NO. 4 – Authorize Agreement/Accept Funds Health Department/Administration/ Special Programs Traffic Safety and Injury Prevention Program Child Passenger Safety Program RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 383 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 319-13 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 10/01/13-9/30/14, 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 2013/2014 County Budget in Expenditure Account 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. 5 – Authorize Agreement Health Department/ Administration Emergency Preparedness Services ON MOTION OF PRICE RESOLUTION NO. 320-13 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 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 384 ---PAGE BREAK--- 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 1/1/14 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 December 31, 2013 to June 30, 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. 6 – Accept Bids/Authorize Purchase-Misc. Groceries & Frozen Foods Area Agency on Aging ON MOTION OF PRICE RESOLUTION NO. 321-13 Accept Bids/Authorize Purchase-Misc. Groceries & Frozen Foods Area Agency on Aging WHEREAS, bids were received on November 15, 2013 for the period December 31, 2013 through March 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 Maines Paper & Food Serv, Inc, 101 Broome Corp Pkwy, PO Box 450, Conklin, NY 13748 Quandt’s, PO Box 700, Amsterdam, NY 12010 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 , 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 385 ---PAGE BREAK--- 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 December 31, 2013 through March 31, 2014. AGENDA ITEM NO. 7 – Accept Bids/Authorize Purchase-Paper Goods & Maintenance Supplies Area Agency on Aging ON MOTION OF PRICE RESOLUTION NO. 322-13 Accept Bids/Authorize Purchase-Paper Goods & Maintenance Supplies Area Agency on Aging WHEREAS, bids were received on November 15, 2013 for December 31, 2013 through March 31, 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 Hummels Office Supply, 25 Canal St., Mohawk, NY 13407 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 , 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 December 31, 2013 through March 31, 2014. AGENDA ITEM NO. 8 – Re-Appoint Member Cortland County Board of Health (Barry Batzing) Mr. Pace and Ms. Price thanked Dr. Batzing for his service on the board and said they hoped he continues to serve as Chair of the Board of Health. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 386 ---PAGE BREAK--- ON MOTION OF PRICE RESOLUTION NO. 323-13 Re-Appoint Member Cortland County Board of Health (Barry Batzing) WHEREAS, the term of Barry Batzing will expire on the Cortland County Board of Health on December 31, 2013, NOW THEREFORE BE IT RESOLVED, that Barry Batzing, 70 Church Street, Cortland, New York 13045 be and hereby is re-appointed to said Board for a six year term to expire December 31, 2019. AGENDA ITEM NO. 9 – Authorize Agreement/Accept Funds Health Department/Administration/ Special Programs Traffic Safety and Injury Prevention Program ON MOTION OF PRICE RESOLUTION NO. 324-13 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 $36,265 to continue to fund the Traffic Safety and Injury Prevention Program for the period of 10/01/13-9/30/14, 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 2013/2014 County Budget in Expenditure Accounts A40105.51005 (Personal Services), A40105.58020-58065.4003 (Fringe), A40105.54005.4003 - A40105.54078.4003 (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. RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Sandra Price, Legislative District 19 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 387 ---PAGE BREAK--- Update from Highway Committee Mr. Fuller thanked the Highway Department for their work in keeping roads plowed and clean during the recent snow events. AGENDA ITEM NO. 10 – Award Highway Equipment Snow Plow Equipment/Dump Trucks Highway Department ON MOTION OF FULLER RESOLUTION NO. 325-13 Award Highway Equipment Snow Plow Equipment/Dump Trucks Highway Department WHEREAS, the Highway Committee has approved the purchase of two 2014 or newer International Cab & Chasis with Dump Boxes & Snow Plow Equipment packages, AND WHEREAS, the Onondaga County Bid Reference #7823 for purchasing International Trucks allows other municipalities within New York State to “piggyback” on the Onondaga County bid, AND WHEREAS, the Cortland County Highway Department has determined that it is in the best interest of Cortland County to utilize the Onondaga County Bid, AND WHEREAS, the Highway Superintendent has recommended the purchase of two 2014 or newer International Cab and Chassis with Dump Boxes & Snow Plow Equipment packages with the bid as follows: International Trucks BIDDERS BID Navistar, Inc. $180,339.00 each 339 Albany Shaker Road Suite 202 Loudonville, NY 12211 , AND WHEREAS, the amount is not to exceed $360,678.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account E51305.52035, Highway Equipment Account for the purchase of two 2014 or newer International Trucks equipped with Dump Boxes & Snowplow Equipment Packages. AGENDA ITEM NO. 11 – Approve Right-Of Way Purchase Little York Lake Dam Project Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 388 ---PAGE BREAK--- Mr. Wagner asked if this resolution in any way authorizes the use of Eminent Domain to obtain right of way at the dam. Mr. Chambers answered "no" and that this resolution is authorizing the County to begin negotiations with property owners to offer a fair market rate, based on appraisals that have been done. Any other actions, including Eminent Domain would have to come back before the Legislature in the future. ON MOTION OF FULLER RESOLUTION NO. 326-13 Approve Right-Of Way Purchase Little York Lake Dam Project Highway Department WHEREAS, the Cortland County Legislature has authorized the Little York Lake Dam Project by Resolution No.155-09, AND WHEREAS, it is necessary to acquire Right-of Way on Little York Lake Crossing (CR- 109) in connection with said project, AND WHEREAS, Cortland County has obtained appraisals from the consulting engineers, Gomez and Sullivan Engineers, PC, AND WHEREAS, the said consultant has reviewed and established the appraisals as fair and just compensation, AND WHEREAS, the Highway Committee has recommended the purchase of hereinafter stated Temporary and Permanent Easements at an estimated amount not to exceed $35,000.00 collectively, NOW THEREFORE BE IT RESOLVED, that the County of Cortland purchase the said easements on the parcels of land hereinafter referred to from the owners or their successors or assigns: MAP NO. PARCEL NO. Tax Map # 1 & 2 1 & 2 47.05-01-45.00 3 3 47.05-01-43.000 4 4 47.05-01-13.000 , AND BE IT FURTHER RESOLVED that the payments for said Fees and Easements be charged against the Little York Lake Project account No. H 87455.52999.2245, AND BE IT HEREBY FURTHER RESOLVED that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute all necessary documents in connection with the advancement or approval of the Project, as approved to form by the County Attorney. AGENDA ITEM NO. 12 – SEQR Determination Project to Replace the Little York Lake Dam Cortland RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 389 ---PAGE BREAK--- County Highway Department ON MOTION OF FULLER RESOLUTION NO. 327-13 SEQR Determination Project to Replace the Little York Lake Dam Cortland County Highway Department WHEREAS, the County desires to replace the Little York Lake Dam on (CR 109) Little York Lake Crossing Road in Homer New York with County funding, AND WHEREAS, Cortland County is the Project Sponsor, and the Cortland County Highway Department has completed the SEQR Short Environmental Assessment Form Part 1 and Part 2 after gathering and documenting all relevant information, AND WHEREAS, the County is legally empowered to declare itself to act as Lead Agency under SEQR, AND WHEREAS, the County Highway Department has completed the Short Environmental Form, Part 3 under SEQR and has made a finding of no significant environmental impact associated with the project and that the project can be classified as an Unlisted Action under SEQRA, AND WHEREAS, the Highway Committee has completed a review of said Short Environmental Form, Parts 1, 2, and 3 under SEQR and concurs with the County of Cortland declaring itself as Lead Agency under SEQR, and also concurs with a finding of no significant environmental impacts associated with the project, NOW THEREFORE BE IT RESOLVED, the County hereby declares itself Lead Agency and is responsible for determination of Significance under SEQR for this project, and the County finds that the project to Replace the Little York Lake Dam will not result in any large and important impacts and, therefore is one which will have no significant impact on the environment, and therefore a negative declaration is hereby approved to be prepared and filed by the County Highway Department, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, as responsible officer, is authorized and directed to sign the Short Environmental Assessment Form indicating a “negative declaration” for this project. AGENDA ITEM NO. 13 – Authorize Agreement / MSHA Annual Refresher Training Highway Department RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 390 ---PAGE BREAK--- ON MOTION OF FULLER RESOLUTION NO. 328-13 Authorize Agreement / MSHA Annual Refresher Training Highway Department WHEREAS, the State of New York’s Grant Program has provided the funding for the yearly mandatory Mine Safety and Health Administration Training (MSHA) for the Cortland County Highway Departments in the past, AND WHEREAS, the MSHA’s budget released in May did not include funding for the State Grants Program, AND WHEREAS, MSHA will no longer offer the required Part 46 Annual Refresher training, AND WHEREAS, Marino J. Franchini has conducted the training session for the Highway Department in the past and has offered to provide this training in 2014 for a fee, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the County enters into an agreement for the 2014 Part 46 Annual Refresher Training, 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 Marino J. Franchini, 102 Stafford Lane, Niskayuna, NY 12309, AND BE IT FURTHER RESOLVED, that the costs associated with this training be charged to Account # D51105.54035 Education and Training for an amount not to exceed $2,500.00. AGENDA ITEM NO. 14 – Transfer Funds/Highway Projects Year End Highway Department ON MOTION OF FULLER RESOLUTION NO. 329-13 Transfer Funds/Highway Projects Year End Highway Department WHEREAS, the Cortland County Highway Committee has recommended the transfer of RESULT: ADOPTED [UNANIMOUS] MOVER: David Fuller, Legislative District 17 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [16 TO 1] MOVER: David Fuller, Legislative District 17 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price NAYS: George Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 391 ---PAGE BREAK--- funds within the Highway Department Budget to cover the costs associated with various 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 2013 County Budget be amended as follows: Decrease Expense: D51105.54065.04 $ 10,000.00 Driveway Culverts-Equip D51105.54065.05 $ 20,000.00 Road Culverts-Equip D51105.54065.07 $ 44,400.00 Hot Patching-Equip D51105.54065.08 $ 10,600.00 Mowing-Equip D51105.54065.10 $ 15,400.00 Shoulders-Equip D51105.54077.03 $ 700.00 Crack Sealing-Material D51105.54077.7306 $ 7,300.00 Maint. Facility-Material D51105.54077.7800 $ 31,400.00 Salt-Material D51105.54077.7802 $ 1,200.00 Abrasives-Material D51125.54065.7005 $ 500.00 E. Keeney Rd-Equip D51125.54065.7010 $ 100.00 Willow Xing Culvert-Equip D51125.54065.7017 $ 1,100.00 Telephone Ext. Bridge-Equip D51125.54065.7004 $ 2,600.00 Landers Corners Rd-Equip D51125.54077.7014 $ 28,000.00 McGraw-Marathon Culvert-Material D51125.54077.7015 $ 10,000.00 Cheningo-Solon Pond Culvert- Material D51125.54077.7017 $ 2,500.00 Telephone Rd. Ext Bridge-Material D51125.54065.7032 $ 10,000.00 McGraw-Marathon Slope-Equip D51105.54065.7306 $ 4,200.00 Maint. Facility-Equip Increase Expense: D51105.54065 $ 49,000.00 Road Maintenance-Equip D51105.54065.03 $ 500.00 Crack Sealing-Equip D51105.54065.09 $ 84,000.00 July Flood-Equip D51105.54065.12 $ 1,500.00 Surface Treatment-Equip D51125.54065.7003 $ 10,000.00 Page Green Rd-Equip D51125.54065.7008 $ 14,000.00 S. Cort./Virgil Rd-Equip D51125.54065.7014 $ 27,000.00 McGraw-Marathon Culvert-Equip D51125.54065.7015 $ 10,000.00 Cheningo-Solon Pond Culvert-Equip D51125.54065.7018 $ 4,000.00 Truxton-Tully Rd-Equip Update from Solid Waste Committee Mr. Troy said the recycling center will begin accepting batteries in January and public notices and 392 ---PAGE BREAK--- education will be essential to the success of the program. Mr. Troy and Mr. Park have continued to visit town boards throughout the County regarding the proposed Ash for Trash deal, and will hopefully finish up early next year. He said he is happy with the results of the recent ash testing, and that the testing was done by an independent testing facility ensuring that all required steps were taken and that the chain of custody was in proper order of both the samples and the results. AGENDA ITEM NO. 15 – Resolution Rejecting TCI’s Offer to Lease Landfill Property, and Terminating the SEQR Review Process Ms. Arnold said that the terms of the proposed lease would result in only about $16,000 per year in revenue to the County. The vibrations from the proposed project would also potentially harm the landfill cell liners. ON MOTION OF TROY RESOLUTION NO. 330-13 Resolution Rejecting TCI’s Offer to Lease Landfill Property, and Terminating the SEQR Review Process WHEREAS, Air Energy TCI Inc. (“TCI”) has proposed leasing land from Cortland County at the County-owned Landfill as part of its proposed Crown City Wind Energy Project, AND WHEREAS, TCI's Draft Environmental Impact Statement (DEIS) shows that TCI desires to construct 3 wind turbines on landfill property, to construct access roads and electric lines for those 3 turbines, and also to provide access to other wind turbines on private property by way of passage through the landfill property, AND WHEREAS, TCI, via a letter to the Chairman of the Cortland County Legislature dated November 28, 2013, has advised the County that it is terminating the SEQR review process and will instead pursue approval of a project under Article 10 of the Public Service Law, AND WHEREAS, a review of the DEIS revealed potential traffic issues in, around and through the landfill property during construction and potentially over the course of a 45 year lease term, AND WHEREAS, a review of the DEIS revealed that the construction of wind turbines, wind turbine access roads, and the placement of electrical interconnection lines on the landfill property has the potential for limiting and interfering with the County Legislature’s long-term plans for the use of the landfill property for the County’s solid waste program, AND WHEREAS, any decision to lease land for a wind project or any other private project on county property is a purely discretionary decision that resides with the County Legislature, AND WHEREAS, the County Legislature has evaluated the Crown City Wind Energy Project and determined that wind turbines and related infrastructure and access roads on the landfill property are not in RESULT: ADOPTED [16 TO 1] MOVER: John R Troy, Legislative District 1 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Whitney, Boyden, Arnold, Fuller, Price, Wagner NAYS: Danny G. Ross EXCUSED: Newell Willcox Jr., Susan Briggs 393 ---PAGE BREAK--- the County’s best interest, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby declines TCI’s request to lease land at the landfill property, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby requests that TCI remove all county landfill property from the proposed project, AND BE IT FURTHER RESOLVED that Cortland County will no longer be the lead agency for the SEQR review process and it will no longer consider being a part of the TCI project, AND BE IT FURTHER RESOLVED that TCI and the Public Service Commission be notified of this decision. AGENDA ITEM NO. 16 – Regarding the Proposed Transfer Station and Potential Long-Term Solid Waste Partnership Agreement with OCRRA (“Proposed Action”): Establish Cortland County as the SEQRA Lead Agency, Determine that a Draft Environmental Impact Statement Will be Prepared, and Direct that an Outline of the Draft Environmental Impact Statement be Posted on the Cortland County Website to Solicit Public Comments on the Scope of the Draft Environmental Impact Statement for the Proposed Action Mr. Troy made a motion to amend the resolution from an "Unlisted" SEQR action to a "Type 1" action. Second by Mr. Wheelock. All members voting in favor; none opposed. The motion was approved. ON MOTION OF TROY RESOLUTION NO. 331-13 Regarding the Proposed Transfer Station and Potential Long-Term Solid Waste Partnership Agreement with OCRRA (“Proposed Action”): Establish Cortland County as the SEQRA Lead Agency, Determine that a Draft Environmental Impact Statement Will be Prepared, and Direct that an Outline of the Draft Environmental Impact Statement be Posted on the Cortland County Website to Solicit Public Comments on the Scope of the Draft Environmental Impact Statement for the Proposed Action WHEREAS, Cortland County sent a letter dated November 11, 2013 to other potentially “involved agencies”, as that term is defined in the State Environmental Quality Review Act (SEQRA) regulations found at 6 Part 617, along with Part One of a completed Environmental Assessment Form for the Proposed Action, indicating Cortland County’s desire to be designated as SEQRA lead agency through the coordinated review process, AND WHEREAS, each of the involved agencies, including but not limited to the Onondaga County Resource Recovery Agency (OCRRA) has agreed to or raised no objections to Cortland County serving as SEQRA lead agency for the Proposed Action, AND WHEREAS, the County has determined that the Proposed Action is a SEQRA Unlisted Action that may have a significant impact on the environment, thus requiring the preparation of a Draft Environmental Impact Statement pursuant to the SEQRA regulations, AND RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: John R Troy, Legislative District 1 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 394 ---PAGE BREAK--- WHEREAS, preparation of Parts Two and Three of an Environmental Assessment Form are not necessary since a Draft Environmental Impact Statement will be prepared, AND WHEREAS, the County is desirous of soliciting public comments relative to the proposed scope of the Draft Environmental Impact Statement, NOW THEREFORE BE IT RESOLVED, pursuant to and in accordance with the coordinated review requirements of SEQRA, Cortland County hereby establishes itself as SEQRA lead agency for the Proposed Action, AND BE IT FURTHER RESOLVED, that based upon an examination of Part One of the Environmental Assessment Form, the County’s knowledge of the environmental setting, magnitude and importance of the Proposed Action and the County’s desire to fully consider potentially significant environmental impacts, the Proposed Action is a Type 1 Action Under SEQRA that will require the preparation of a Draft Environmental Impact Statement, AND BE IT FURTHER RESOLVED, that Cortland County, as SEQRA lead agency, hereby waives the requirement for preparation of Parts Two and Three of an Environmental Assessment Form since it is directing that a Draft Environmental Impact Statement be prepared, AND BE IT FURTHER RESOLVED, that public scoping documents consisting of a draft outline of the proposed contents of the Draft Environmental Impact Statement, a Frequently Asked Questions document, and a brief narrative of the Proposed Action will be posted on the County’s website to solicit public comments for a period of up to thirty days, AND BE IT FURTHER RESOLVED, that Cortland County, as SEQRA lead agency, hereby directs the Clerk of the Legislature to: prepare and file a Positive Declaration in accordance with the SEQRA regulations, post public scoping documents as described in this resolution on the County’s website, and prepare and issue a public notice regarding the availability of such scoping documents and the deadline for the public to submit comments with regard to the scoping documents. Update from Personnel Committee Mr. Pace thanked the legislators and department heads who worked with the committee. He said the Rules of Order were a significant issue during this term and he hopes the next legislature takes this up as one of its first items. AGENDA ITEM NO. 17 – Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2014 Mr. Wheelock said that giving wage increases by percentage provides a larger monetary benefit to employees who already receive a larger salary, and said that a monetary amount should be provided, rather than a percentage. Mr. Natoli asked how the grade and step system worked. Mr. Murphy said that the grade for each position is outlined in the Management Compensation plan and gives an initial range for starting salaries. A step is a four percent increase provided every other year. 395 ---PAGE BREAK--- ON MOTION OF PACE RESOLUTION NO. 332-13 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2014 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 County Administrator is recommending that the 2014 Grade and Step Plan be adjusted and established to incorporate a 1.5% cost of living adjustment, effective January1, 2014 in accordance with the attached schedule, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes and directs a 1.5% cost of living adjustment for those employees who in the Management/Management Confidential Compensation Employment Policy 2014 Grade and Step plan for employees falling under the plan effective January 1, 2014 in accordance with the following schedule. AGENDA ITEM NO. 18 – Revise Self Insurance Rates - Cortland County Employee's Health Benefits Program ON MOTION OF PACE RESOLUTION NO. 333-13 Revise Self Insurance Rates - Cortland County Employee's Health Benefits Program WHEREAS, the County sets premium equivalent rates to be charged to individuals, employees and/or County agencies participating in the County’s Health, Dental and Vision Insurance programs, AND WHEREAS, said premiums are based upon claims experience within each program, AND WHEREAS, BCG has recommended premium equivalents based upon projected claims during the period January 1, 2014 through December 31, 2014, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [13 TO 4] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Park, Ross, Whitney, Arnold, Fuller, Price NAYS: John Natoli, Gordon Wheelock, Donnell Boyden, George Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 396 ---PAGE BREAK--- RESOLVED, that effective January 1, 2014, the premium equivalents to be charged to the individuals, employees and/or County agencies participating in the Cortland County Government Employee’s Health Benefits Program shall be in accordance with the attached schedule, AND BE IT FURTHER RESOLVED, that the Personnel Office is hereby directed to notify the affected parties of this revision. Update from Agriculture/Planning/Environment Committee Mr. Ross thanked legislators that served on the Ag & Planning Committee. He said the County Planning Department serves a vital function not just for County government, but for all municipalities. He said he would like to continue to serve on the CNY Regional Planning & Development Board, and the Southern Tier East Regional Planning & Development Board, as well as the Regional Market Board, as it is not a requirement that the representative be a Legislator. AGENDA ITEM NO. 19 – Authorize Request for No-Cost Time Extension of Local/Miscellanous Contract Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom New York State Department of Transportation (NYSDOT) Contract No. C003943 Cortland County Planning Department ON MOTION OF ROSS RESOLUTION NO. 334-13 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom New York State Department of Transportation (NYSDOT) Contract No. C003943 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Danny G. Ross, Legislative District 12 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 397 ---PAGE BREAK--- employment support services, as identified through a coordinated planning process, and consistent with eligible activities described in the FTA Circular 9045.1, AND WHEREAS, Resolution No.177-10 and 178-10 accepted grant/authorized agreement/amend 2010 budget under the JARC program intended to fund innovative and flexible programs which identify and address the transportation needs of individuals with limited incomes and persons with disabilities, AND WHEREAS, Resolution No. 136-11 and 137-10 amended the 2011 budget in order to continue the grant funding for Section 5316, Job Access and Reverse Commute (JARC) and Section 5317, New Freedom, AND WHEREAS, Resolution 216-12 Amended the 2012 Budget to include the unused portion of the Section 5316 Job Access and Reverse Commute (JARC) and Section 5317 New Freedom (NF) as part of the No Cost Time Extension, 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, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, AND WHEREAS, Seven Valley Health Coalition is requesting 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, 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 receiving payment from the New York State Department of Transportation, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is authorized, upon County Attorney approval to sign the Request for No-Cost Time Extension of Local/Miscellaneous Contract. AGENDA ITEM NO. 20 – Adopt Cortland County Public Transportation System Title VI Plan and Cortland County Public Transportation System Title VI Complaint Procedures Cortland County Planning Department 398 ---PAGE BREAK--- ON MOTION OF ROSS RESOLUTION NO. 335-13 Adopt Cortland County Public Transportation System Title VI Plan and Cortland County Public Transportation System Title VI Complaint Procedures Cortland County Planning Department WHEREAS, the Title VI Act of 1964 ensured that anti-discrimination is enforced throughout the work undertaken by all recipients of federal funding, AND WHEREAS, the NYS Department of Transportation (NYSDOT) Title VI/Environmental Justice program serves, creates, implements and regulates procedures that comply with Title VI of the Civil Rights Act of 1964, the Environmental Justice Executive Order 12898, Executive Order 13166, Limited English proficiency, the Civil Rights Restoration Act of 1987 and the Title 49 CFR Part 21, AND WHEREAS, the Federal Transit Administration (FTA) requires that all applicants who receive Federal funding ensure their programs, policies and activities comply with the Title VI of the Civil Rights Act of 1964, AND WHEREAS, Title VI provisions include, but are not limited to, prohibiting discrimination on the grounds of race, color, sex, age, nationality, religion, disabling condition, or being included within a minority populations and/or low income populations, as well as prohibits exclusion from participation, denial of benefits to, or other subject to discrimination under any program or activity administered by NYSDOT, AND WHEREAS, Cortland County is an applicant on various types of public transportation grants, AND WHEREAS, Resolution 193-13 established the appointment of Daniel S. Dineen as the Public Transportation Title VI Officer, AND WHEREAS, Under the Federal Transit Administration (FTA) requirements that all recipients who receive Federal Funding have a Transportation Title VI Plan and Procedures, AND WHEREAS, the adoption of the Cortland County Public Transportation System Title VI Plan and Cortland County Public Transportation System Title VI Complaint Procedures will fulfill the Federal Transit Administration (FTA) requirement, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby officially adopt the Cortland County Public Transportation System Title VI Plan and Cortland County Public Transportation System Title VI Complaint Procedures. AGENDA ITEM NO. 21 – Amend 2013 Budget/Accept Local Match Funds NYS DOT Federal Section 5311 Capital Grant for 2011 and 2012 Fiscal Years Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: Danny G. Ross, Legislative District 12 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 399 ---PAGE BREAK--- ON MOTION OF ROSS RESOLUTION NO. 336-13 Amend 2013 Budget/Accept Local Match Funds NYS DOT Federal Section 5311 Capital Grant for 2011 and 2012 Fiscal Years Cortland County Planning Department WHEREAS, Resolution 276-12, Accepted Grant Application/Authorized Agreements and Amended 2012 budget for the entering into an agreement with New York State Department of Transportation for the undertaking of NYS DOT Federal Section 5311 Capital Replacement Needs for Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years, Contract C003671, AND WHEREAS, Resolution 21-13 Amended 2013 Budget for the continuation of the NYS DOT Federal Section 5311 Capital Replacement Needs for Consolidated Operating and Capital Grant for 2011- 2012 Fiscal Years, Contract C003671, AND WHEREAS, First Transit, Cortland County Public Transportation provider, is responsible for the local match of the NYS DOT Federal Section 5311 Capital Replacement Needs for Consolidated Operating and Capital Grant for 2011-2012 Fiscal Years for vehicles, shop equipment and communication equipment, AND WHEREAS, Cortland County has received the local match payment in the amount of $41,982 from First Transit, AND WHEREAS, Resolution 276-12 and 21-13 indicated the local match for be $28,210, AND WHEREAS, First Transit is responsible for a requested option not available as a base item as per the stipulations set on the Office of Government Services Contract, NOW THEREFORE BE IT RESOLVED, that Cortland County accept the local match payment and that the 2013 budget is hereby amended as follows: INCREASE Revenue A563042-42300 $13,772. AGENDA ITEM NO. 22 – Accept Bid/Authorize Agreement Bus Shelter Cortland County Planning Department RESULT: ADOPTED [UNANIMOUS] MOVER: Danny G. Ross, Legislative District 12 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 400 ---PAGE BREAK--- ON MOTION OF ROSS RESOLUTION NO. 337-13 Accept Bid/Authorize Agreement Bus Shelter Cortland County Planning Department WHEREAS, pursuant 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, Resolution Number 270-13 resolved that the Chairman of the Legislature accept monies to be deposited into Reserve Account A369110 until there is a necessity to reduce the gross project cost of other capital transit projects as specified by New York State Department of Transportation (NYS DOT), AND WHEREAS, Reserve Account A369110 has a balance of $8,975 for reducing the gross project cost of other capital transit projects, as specified by New York State Department of Transportation (NYS DOT), AND WHEREAS, the Village of McGraw is requesting a bus shelter to be installed at the Community Center building located at 15 Clinton Street, McGraw, NY, AND WHEREAS, a single shelter is under the threshold necessary for bidding, but requires three written quotes, AND WHEREAS, the Cortland County Planning Department has solicited and received three written quotes as follows: Handi Hut, Inc 3 Grunwald Street Clifton, NJ 07013 $4,212.00 Columbia Equipment Company 180-19 93rd Avenue $4,655.00 Jamaica, NY 11433-1499 Barco Products $6,029.65 11 N Batavia Avenue Batavia, LF 60510 , AND WHEREAS, the lowest overall responsible quote for a bus shelter was from Handi-Hut, Inc, 5 RESULT: ADOPTED [16 TO 1] MOVER: Danny G. Ross, Legislative District 12 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price NAYS: George Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 401 ---PAGE BREAK--- Grunwald Street, Clifton, NJ 07103, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature accept the lowest quote and upon review and approval as to form by the County Attorney, is hereby authorized to sign an agreement with Handi-Hut, Inc., 3 Grunwald Avenue, Clifton, NJ 07103, for a bus shelter to be delivered to the Village of McGraw, New York. Update from Judiciary & Public Safety Committee Mr. Whitney thanked legislators and department heads who worked with the JPS Committee. AGENDA ITEM NO. 23 – Authorize Agreement Information Technology (Town of Cortlandville - Exchange of Services) ON MOTION OF PARKER, WILLCOX JR. RESOLUTION NO. 338-13 Authorize Agreement Information Technology (Town of Cortlandville - Exchange of Services) WHEREAS, Cortland County and the Town of Cortlandville wish to address disaster recovery and business continuity concerns that exist in both municipalities, AND WHEREAS, the ability to share data and resources that would be mutually available to both entities would be desirable, AND WHEREAS the County has a fiber optic data connection to Cortlandville and a storage area network (SAN) system that mirrors data between two hardware devices with sufficient space on the SAN to support Cortlandville’s critical data and Cortlandville has sufficient space to allow the County to position appropriate equipment in its data center, 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 that would allow Cortland County and the Town of Cortlandville to exchange these services. AGENDA ITEM NO. 24 – Fix Date to Sign Warrants RESULT: ADOPTED [UNANIMOUS] MOVER: Ray Parker, Legislative District 2 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 402 ---PAGE BREAK--- ON MOTION OF PARK RESOLUTION NO. 339-13 Fix Date to Sign Warrants 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, 2014 and that said warrants so annexed be made returnable on or before the first day of June 2014, 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. 25 – Amend Budget/Sheriff Personal Services ON MOTION OF PACE RESOLUTION NO. 340-13 Amend Budget/Sheriff Personal Services WHEREAS, the 2013 adopted budget did not include increases for the Jail personnel as there was no collective bargaining agreement in place at that time, AND WHEREAS, the county and CSEA came to an agreement earlier this year, NOW THEREFORE BE IT RESOLVED, that the following amendments be made to the 2013 budget to cover the additional expenses for 2013 associated with this agreement: Increase A31505 51005 Personal Services $30,100 A31505 51010 Part-Time $ 515 A31505 51020 Overtime $ 3,215 A31505 51035 On-Call $ 1,055 Decrease A19905 54775 Contingency $34,855 RESULT: ADOPTED [16 TO 1] MOVER: Anthony Pace, Legislative District 7 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner NAYS: Gordon Wheelock EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 403 ---PAGE BREAK--- AGENDA ITEM NO. 26 – Amend Budget Public Defender ON MOTION OF WHITNEY RESOLUTION NO. 341-13 Amend Budget Public Defender WHEREAS the 2012 budget was amended in anticipation of receiving a grant to pay for a new statewide public defense case management system, AND WHEREAS the state did not complete the development and implementation until October of 2013, NOW THEREFORE BE IT RESOLVED that the following amendments be made to the 2013 budget to recognize the grant money that will be received and spent in 2013: Increase Revenue A117043 43025 State Aid $22,056 Increase Appropriation A11705 52060 Computer Software $11,735.67 A11705 54015 Maintenance Agreement $ 2,623.50 A11705 54035 Education & Training $ 1,627.07 A11705 54055 Professional Services $ 1,827.10 A11705 54041 Publicaions $ 4,242.66 AGENDA ITEM NO. 27 – 2014 Fire Advisory Board Appointment / Reappointment ON MOTION OF WHITNEY RESOLUTION NO. 342-13 2014 Fire Advisory Board Appointment / Reappointment RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 404 ---PAGE BREAK--- 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, 2014 and expiring December 31, 2014: 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 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 Michael Price, Harford FD, 59 Route 200, Harford Mills, NY 13158 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 Dustin Contri, Marathon FD, 1306 Conrad Road, Marathon, NY 13803 Norm Forrest, Marathon FD, 544 Jennings Creek Road, 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 Selver, Virgil FD, 245 Kohn Road, Dryden, NY 13053 Murray Kinney, Virgil FD, West State Road, Cortland, NY 13045 Ted Kemak, Jr., Willet FD, 204 Route 26, Willet, NY 13863 Derek Reynolds, Cortland FD, 4 Grace Street, Cortland, NY 13045 AGENDA ITEM NO. 28 – Accept Grant Award - 2012 LEMPG Emergency Response & Communications State of New York - FFY 2012 LEMPG ON MOTION OF WHITNEY RESOLUTION NO. 343-13 Accept Grant Award - 2012 LEMPG Emergency Response & Communications State of New York - FFY 2012 LEMPG WHEREAS, Cortland County has participated during previous Federal Fiscal Years in the Federal Emergency Management Agency’s (FEMA) Local Emergency Management Performance Grant (LEMPG) that provides federal reimbursement to state and local governments for not more than one-half RESULT: ADOPTED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 405 ---PAGE BREAK--- of eligible expenses for emergency management personnel and administration, AND WHEREAS, local governments participate and receive their reimbursements as sub- recipients of New York State through the NYS Department of Homeland Security & Emergency Services Office of Emergency Management (DHSES OEM), NOW THEREFORE BE IT RESOLVED, that notification was received that the grant contract for FY12 Emergency Management Performance Grant (LEMPG) via the DHSES E-grants system, was fully executed on 11/12/13 in the amount of $23,022.00, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature is hereby authorized and directed to accept this grant award (EM12-1017-D00, T838425, FY12 Emergency Management Performance Grant) and amend the 2013 Budget for the Cortland County Department of Emergency Response and Communications for Federal Fiscal Year 2012 (10/01/2012 - 09/30/2013) as follows: Increase: Revenue Account A302043-43305 $23,022.00 AGENDA ITEM NO. 29 – Amend 2013 Budget - Carryover to 2014 Budget Mr. Wheelock made a motion to amend the resolution amount to $81,135. Second by Mr. Bushnell. All members voting in favor; none opposed. ON MOTION OF WHITNEY RESOLUTION NO. 344-13 Amend 2013 Budget - Carryover to 2014 Budget WHEREAS, payment to New World System for annual computer support in 2013 was not paid in full in 2013, AND WHEREAS, the payment will be made in 2014 for the 2013 annual computer support once New World Systems meets its obligations to Cortland County, NOW THEREFORE BE IT RESOLVED, that the 2014 County Budget is hereby amended as follows: Increase: Expenses: DOER&C - Computer Equipment A30205-54004 $81,135.00 RESOLVED, that the County Treasurer is hereby authorized to re-appropriate $40,567.50 from the 2013 Department of Emergency Response and Communications, A30205 Budget into the 2014 Department of Emergency Response and Communications, A30205 Budget. Update from Building & Grounds Committee Mr. Parker thanked legislators for serving on the Building & Grounds Committee, and said he would like to continue to serve on the Airport Advisory Committee. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Kevin Whitney, Legislative District 13 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 406 ---PAGE BREAK--- AGENDA ITEM NO. 30 – Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) Establish Rent/Location Mr. Troy made a motion to amend the resolution to make it contingent upon continued grant funding. Second by Ms. Arnold. All members voting in favor; none opposed. The motion was approved and the resolution amended accordingly. ON MOTION OF PARKER RESOLUTION NO. 315-13 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) Establish Rent/Location WHEREAS, a Child Advocacy Program has been created in Cortland County to administer and run a Child Advocacy Center 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, and which funds are administered by the District Attorney of Cortland County, AND WHEREAS, the Cortland County Legislature approves the use of County-owned space in the Cortland County Office Building for the Child Advocacy Program, AND WHEREAS, the CAP through the DA wishes to make payment to the Cortland County Department of Buildings and Grounds in lieu of rent to reimburse a portion of the cost of utilities and maintenance for the portion of the space occupied by the CAP, NOW THEREFORE BE IT RESOLVED, that appropriations in the 2014 through 2017 budgets shall provide for a payment from the District Attorney to Building & Grounds of $875 per month or $10,500 per year for the next three years ending December 31, 2017, AND BE IT FURTHER RESOLVED, the Child Advocacy Center shall retain the space currently utilized by the program, located on the lower level, on the east side of the County Office Building through the length of this term, ending December 31, 2017, AND BE IT FURTHER RESOLVED, that the above be contingent upon the continued grant funding for the Child Advocacy Program. AGENDA ITEM NO. 31 – Authorize Contract Renewal – Service Contract for RS6000 Sheriff’s Messaging Server (Systems Maintenance Services) RESULT: ADOPTED AS AMENDED [16 TO 1] MOVER: Ray Parker, Legislative District 2 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner NAYS: Michael Park EXCUSED: Newell Willcox Jr., Susan Briggs 407 ---PAGE BREAK--- ON MOTION OF WILLCOX JR. RESOLUTION NO. 345-13 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 1, 2013 and to end December 31, 2014, in the amount of $557.40 per year, 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. 32 – Authorize Agreement Buildings & Grounds ( 6Th Judicial Court District ) ON MOTION OF WILLCOX JR. RESOLUTION NO. 346-13 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 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Ray Parker, Legislative District 2 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Ray Parker, Legislative District 2 SECONDER: David Fuller, Legislative District 17 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 408 ---PAGE BREAK--- AGENDA ITEM NO. 33 – Authorize Agreement Air Monitoring Services Door & Window Project ON MOTION OF WILLCOX JR. RESOLUTION NO. 347-13 Authorize Agreement Air Monitoring Services Door & Window Project WHEREAS, the Buildings & Grounds Department issued an RFP for Air Monitoring Service required for the Door & Window Project, AND WHEREAS, SBJ Services, Inc., Microbac Cortland and Atlantic Consulting have all responded, AND WHEREAS, JCM Architects have reviewed all proposals and recommends MicroBac, NOW THEREFORE BE IT RESOLVED, That MicroBac provide air monitoring services in accordance with the RFP, and be funded from Account # A16205.52000.1622 for and amount not to exceed $600, AND BE IT FURTHER RESOLVED, that this Legislature herby authorizes the Chairman of the Legislature to enter into an agreement with MicroBac, upon approval of the County Attorney. AGENDA ITEM NO. 34 – Amend Budget/Re-Appropriate Funds (Buildings & Grounds) ON MOTION OF WILLCOX JR. RESOLUTION NO. 348-13 Amend Budget/Re-Appropriate Funds (Buildings & Grounds) WHEREAS, the Buildings and Grounds Committee has approved and funded an Asbestos Containing Material Abatement project for the County Highway Office complex - Acct# A16205 52025 2302 in addition to a Doors & Window Replacement project - Acct# A16205 52200 16224, AND WHEREAS, both projects are not scheduled to be completed in the 2013 Budget cycle but will have expenses charged to those accounts until December 31, 2013, and there will be remaining balances in the respective accounts, NOW THEREFORE BE IT RESULT: ADOPTED [UNANIMOUS] MOVER: Ray Parker, Legislative District 2 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Ray Parker, Legislative District 2 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 409 ---PAGE BREAK--- RESOLVED, that the remaining funds in Acct# A16205 52025 2302 - ACM Project and in Acc# A16205 52200 16224 - Door & Window Project on December 31, 2013 be hereby transferred and re- appropriated into the 2104 Budget using the same account numbers, AND BE IT FURTHER RESOLVED, that this Legislature hereby directs the County Treasurer to complete said transfers. AGENDA ITEM NO. 35 – Amend Budget/Re-Appropriate Funds (Buildings & Grounds) ON MOTION OF WILLCOX JR. RESOLUTION NO. 349-13 Amend Budget/Re-Appropriate Funds (Buildings & Grounds) WHEREAS, there were funds in the amount of $ $4,619.00 remaining unexpended in the Account No. A16205.54076, Building Repairs at the end of 2013, AND WHEREAS, approval to purchase repair the entrance roof on the County Office Building came late in the year and the work was not completed in 2013, NOW THEREFORE BE IT RESOLVED, that these funds be re-appropriated in 2014 with the following amendment to the 2014 budget: Increase Account No. A16205.50476 Building Repairs $ 4,619.00 Expense Account No. A16205.54076 Building Repairs $ 4,619.00 Update from Budget & Finance Committee Mr. Pace thanked legislators and department heads for working with the Budget & Finance Committee. AGENDA ITEM NO. 36 – Authorize Contract – Information Technology Support Services 2013 (Town of Cortlandville) ON MOTION OF PACE RESOLUTION NO. 350-13 Authorize Contract – Information Technology Support Services 2013 (Town of Cortlandville) RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Ray Parker, Legislative District 2 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 410 ---PAGE BREAK--- WHEREAS, the County of Cortland, through its Cortland County Information Technology Department has offered local communities its expertise by providing computer services that will include any and all PC/Network support requirements, AND WHEREAS, the Cortland County Information Technology Department has sufficient capability to provide these services to local communities, AND WHEREAS, it is the intent of this agreement for the Cortland County Information Technology Department to provide services that will help save or avoid costs to the local communities participating with Cortland County on this shared service effort, AND WHEREAS, the County and the Town have determined that it is of mutual benefit for the parties to enter into this cooperative Agreement pursuant to Article 5-G of the General Municipal Law, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the contract commencing 1/1/13 and expiring 12/30/13, for $50 per hour, on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 37 – Authorize Contract – Information Technology Support Services 2014 (Town of Cortlandville) ON MOTION OF PACE RESOLUTION NO. 351-13 Authorize Contract – Information Technology Support Services 2014 (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: Anthony Pace, Legislative District 7 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 411 ---PAGE BREAK--- sign the contract commencing 12/31/13 and expiring 12/31/14, for $50 per hour, on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. AGENDA ITEM NO. 38 – Appoint Director of Real Property Tax Services Real Property ON MOTION OF PACE RESOLUTION NO. 352-13 Appoint Director of Real Property Tax Services Real Property WHEREAS, the Cortland County Legislature has a vacant position of Director of Real Property Tax Services, AND WHEREAS, the duties and powers of the County Administrator as Chief Administrative Officer provide for the Administrator to monitor the department heads and provide general supervision to each department, AND WHEREAS, Local Law No. 7 of year 2002 reserves and prescribes the duty to the County Administrator to make recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Administrator has offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator the recommendation for appointment of Randy Deal as Director of Real Property Tax Services, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Randy Deal as Director of Real Property Tax Services from December 31, 2013 to September 30, 2019 at an annual salary of $34,114 (Management Compensation Plan Grade 5, step 1, 21 hours/week) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy. AGENDA ITEM NO. 39 – Authorize Agreement OCE Reader/Printer (Real Property) ON MOTION OF PARK RESOLUTION NO. 353-13 RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Richard Bushnell, Legislative District 5 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Sandra Price, Legislative District 19 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 412 ---PAGE BREAK--- Authorize Agreement OCE Reader/Printer (Real Property) 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 December 31, 2013 through December 31, 2014 at a cost of $3,090.00 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. 40 – 2013 Budget Amendment Mental Health/Family Counseling ON MOTION OF PRICE RESOLUTION NO. 354-13 2013 Budget Amendment Mental Health/Family Counseling WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved additional funding for Family Counseling Services in 2013, in the amount of $29,335.00 for delivery of prevention and intervention programs related to substance abuse, NOW THEREFORE BE IT RESOLVED, that the 2013 county budget be amended as follows: Increase: Expenses: A 43105 54870 4208 FAMILY COUNSELING (OASAS) $29,335.00 Revenues: A431043 43486 4200 NYS OASAS $29,335.00 AGENDA ITEM NO. 41 – Authorize Extension of Contract with Bowne Management Systems, Inc., to Connect Cortland County Tax Maps from Auto Cad Format to ESRI ARC GIS 10.2X to be Used as a County-Wide GIS System RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: John R Troy, Legislative District 1 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 413 ---PAGE BREAK--- ON MOTION OF PACE RESOLUTION NO. 355-13 Authorize Extension of Contract with Bowne Management Systems, Inc., to Connect Cortland County Tax Maps from Auto Cad Format to ESRI ARC GIS 10.2X to be Used as a County-Wide GIS System WHEREAS, Cortland County entered into an agreement with Bowne Management Systems, Inc. dated August 26, 2013 to convert Cortland County’s tax maps from Auto CAD format to ESRI ARC GIS 10.2X to be used in a county-wide GIS system, authorized by Resolution No. 216-13, AND WHEREAS, said agreement terminates on December 31, 2013 and certain work remains unfinished, and all parties are desirous of extending the agreement until March 31, 2014, NOW THEREFORE BE IT RESOLVED, that the agreement between Cortland County and Bowne Management Systems, Inc. dated August 26, 2013 be extended until March 31, 2014, at no additional cost to Cortland County. AGENDA ITEM NO. 42 – Authorize Agreement Image Mate Online ON MOTION OF PACE RESOLUTION NO. 356-13 Authorize Agreement Image Mate Online WHEREAS, Resolution 253-07 authorized an agreement between the Cortland County Real Property Tax Services department and Systems Development Group, Inc. (SDG, Inc.) for the “Image Mate Online” software allowing access to real property tax information over the Internet, AND WHEREAS, said agreement has expired, and the Cortland County Real Property Tax Services office wishes to continue to use the software and the County needs software support, AND WHEREAS, SDG, Inc. is the sole provider of said software, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with SDG, Inc. for annual software support for the term beginning December 31, 2013 and ending December 31, 2014 to be paid out of Account #A13555-54015 in the amount of $4,500. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Amy Cobb, Legislative District 3 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Pace, Legislative District 7 SECONDER: Gordon Wheelock, Legislative District 10 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 414 ---PAGE BREAK--- AGENDA ITEM NO. 43 – Levying Water Charges - Town of Cortlandville Ms. Arnold made a motion to approve Agenda Items 43-55 as a consent agenda. Second by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Ms. Arnold made a motion to approve the consent agenda. Second by Mr. Parker. All members voting in favor; none opposed. The motion was approved. ON MOTION OF PARK RESOLUTION NO. 357-13 Levying Water Charges - Town of Cortlandville WHEREAS, a statement showing the unpaid water charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: 76.14-01-01.000 Lindhorst, Walter K. 580.11 76.14-01-09.000 Pritt, James F. 257.71 76.15-01-12.000 McBride III, Theodore P. 339.64 76.15-01-15.000 Gorman, Heather M. 131.20 76.17-01-05.000 Sauerbier, Charles F. 111.20 76.18-01-31.000 Crandall-Jones, Stacy L. 250.44 76.18-01-32.000 Haynes, Matthew S. 67.39 76.19-01-22.000 Poppe, Christine 208.70 76.19-01-45.100 Perelka, Edward R. 128.47 85.11-01-04.100 Lader, Ronald F. 109.97 85.15-01-09.000 Winter, David M. 182.09 85.16-01-30.000 McGrath, John F 276.76 85.16-02-04.120 Stiles, John E. 130.17 85.19-01-05.000 Naylor, Justin 282.18 85.19-01-16.000 Freelove, Gary R. 72.61 85.19-01-37.000 Randall, Julie 864.78 85.20-01-27.000 Morris, Judy G. 84.47 86.09-01-19.000 Casey, Valerie A. 34.38 86.09-01-24.000 Clark, Earl D. 44.28 86.09-01-46.000 Allen, Paul W. 75.61 86.13-01-27.000 Cortlandville Assoc LLC 181.49 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 415 ---PAGE BREAK--- 86.13-01-57.200 173.95 86.13-01-58.100 909.87 86.13-01-65.100 352.56 86.17-01-02.120 86.20 87.04-01-09.000 326.77 95.07-01-12.000 152.82 95.07-01-18.000 80.98 95.07-02-09.000 505.01 95.08-01-01.000 82.36 95.11-01-16.000 164.57 95.11-03-02.000 208.45 95.12-01-06.100 237.72 95.12-01-13.000 25.00 95.14-01-32.000 35.49 95.15-03-04.000 225.40 95.15-03-11.000 148.18 95.16-01-11.000 214.54 95.16-01-15.000 2,785.08 95.16-01-25.000 133.09 95.16-01-39.000 41.49 95.16-01-40.000 138.42 95.16-01-47.000 308.03 95.16-01-53.000 287.95 95.16-01-55.000 221.20 95.16-01-60.000 327.54 95.16-02-04.000 86.20 95.16-02-09.000 221.20 95.16-02-10.000 44.31 95.16-02-23.000 69.84 95.16-02-24.000 329.78 95.16-02-31.000 200.89 95.16-02-40.000 289.27 95.16-02-62.000 44.48 95.16-02-74.000 836.61 95.20-02-06.000-1 147.00 96.00-03-10.110 315.27 96.05-01-13.000 68.65 96.05-01-19.000 397.57 96.05-01-32.000 153.07 96.05-02-09.000 48.77 96.06-01-39.000 41.70 96.06-02-14.000 339.39 96.06-02-15.000 233.87 96.06-02-32.000 79.23 96.09-01-09.000 342.67 96.09-01-27.000 Rescue Mission Alliance Syrac Herwood Properties, LLC Cortland Station Inc. 3901 West Road LLC Caughey, Daniel J. Petrella, John M. Yonta, Michael Jones, William Delucia, Dominick Bergeron, Keith Strauf, Stephen C. Cortland County SPCA Kessler Family LLC Brown, Scott D. VanDee, Robert A. Edinger, John S. Woodward, Wayne UC Cortland Housing LLC Perkins, Jennifer S. Wilcott, Tiffany R. Corp, Rebecca J. Nadge, Adrienne Dankert, David E. Pitts, Charles B. III Ladd Trust Estate, Leo J. Payne-Lowe, Lydia Burnham, Margaret A. Daily, Rahmond D. Hall, Keith DeGrazia, David Dorsett, Gail A. Rushak-Lamson, Aftin M. Saad, Saad M. 879 Route 13, LLC, Cortlandville Crossing LLC Slack, Susan J. Jones, Audrey Willcox Tompkins St Properties Harrington, Dustin Wilcox, Kelley A. Whitcomb, Carol Cook, Kimberly A. Shute, Courtney A. Lozano, Teodoro Decker, Christian A. Thillburg, Robert 1,097.15 416 ---PAGE BREAK--- 96.09-01-70.000 Wing, Charles J. 133.96 96.09-02-08.000 Keane, Thomas Jr 172.74 96.09-02-13.000 Kearney, David 380.72 96.09-02-29.000 Vandeuson, James W. 58.27 96.09-02-30.000 O'Dell, Richard 170.86 96.09-02-33.000 Burt, Richard S. 229.97 96.09-04-06.000 Stewart, Leon W. 320.35 96.09-04-14.000 Banks, Steven 3,398.13 96.10-01-25.000 Pristash, Kevin 324.69 96.10-01-31.000 Emma, James J. 44.78 96.10-02-11.000 Mershon, Michael J. 505.32 96.10-02-40.000 Roche, Mark 68.69 96.17-01-16.000 Meagley, Sean S. 179.59 96.36-01-05.000 Kesler, Gregory 107.24 96.36-01-07.000 Eaton, Dorene 94.68 105.08-01-18.000 Ostrander, Patricia M. 208.21 105.08-02-35.000 Hopko, Scott C. 258.20 106.05-01-11.000 Young, Eric 45.57 TOTAL $24,675.21 Submitted to Cortland County RPTS 12/3/13 by Karen Q. Snyder, Cortlandville Town Clerk. AGENDA ITEM NO. 44 – Levying Grass and Weed Charges - Town of Cortlandville ON MOTION OF PARK RESOLUTION NO. 358-13 Levying Grass and Weed Charges - Town of Cortlandville WHEREAS, a statement showing the unpaid grass and weed control charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 130 of the Town Law of the State of New York, which statement includes unpaid grass and weed control 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: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 417 ---PAGE BREAK--- 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 grass and weed control charges due said Town of Cortlandville: Sauerbier, Charles 76.17-01-05.000 $ 210.00 Manley, James Jr 95.16-01-33.000 $ 105.00 Parker, Richard J 97.04-02-19.000 $1,522.50 Total $1,837.50 Submitted to Cortland County RPTS 12/10/13 by Karen Q. Snyder, Cortlandville Town Clerk. AGENDA ITEM NO. 45 – Levying Water Charges - Town of Scott ON MOTION OF PARK RESOLUTION NO. 359-13 Levying Water Charges - Town of Scott 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 $ 506.47 35.03-01-09.000 Pooler, Michael 624.11 35.03-01-10.000 Lake, Edward 468.90 35.03-01-13.000 VanLiew, Terry 417.30 35.03-01-14.000 Klotz, Stacy 282.22 35.03-01-15.000 Platt, Daniel 247.92 35.03-01-24.000 Estep, Nancy 447.66 35.03-01-29.000 Hubbard, John 1,076.82 35.03-01-30.000 Hubbard, Steven 340.28 35.03-01-33.000 Glendening, Christopher 731.57 35.03-01-39.000 Carr, Connal 433.20 Total $5,576.45 Submitted to Cortland County Real Property Tax Service on 12/02/13 by Cathy A. Barber, Scott Town Clerk. AGENDA ITEM NO. 46 – Levying Water Charges - Town of Cincinnatus ON MOTION OF PARK RESOLUTION NO. 360-13 Levying Water Charges - Town of Cincinnatus 418 ---PAGE BREAK--- WHEREAS, a statement showing the unpaid water charges in the Town of Cincinnatus, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Cincinnatus: 113.17-01-06.000 Carlos Almaguer 137.62 123.13-01-01.000 Gordon Brown 137.62 123.00-03-13.000 Kenneth Brown 228.37 123.09-01-06.000 Davis Burritt 118.31 122.00-03-20.000 Leslie Carter 143.88 122.12-01-03.100 Leslie Carter 223.08 122.12-01-03.200 Leslie Carter 143.88 123.13-01-24.000 Leslie Carter 143.88 123.00-04-19.000 David Christy 15.16 112.20-01-25.000 Blake Davis 349.37 123.13-01-41.000 Wendy Davis 173.37 123.05-01-37.000 James Dibble 137.62 123.00-03-06.200 DKT, LLC 15.16 123.13-01-36.000 Charles Eaton 352.12 123.00-04-04.000 Charles Eaton Jr 15.16 123.13-01-32.000 David Gallow 220.12 123.05-01-65.000 Marlene George 153.29 123.13-01-46.000 Shane Gleason 228.37 112.20-01-07.000 Edward Gonzalez 220.12 112.20-01-10.000 Edward Gonzalez 15.16 113.17-01-32.000 James Huss 267.15 113.17-01-34.200 James Huss 15.16 123.05-01-33.000 Joseph King 203.65 113.17-01-30.000 Robert Kurtz, III 1047.28 122.00-03-04.000 Bryan Kwak 183.82 122.00-03-25.000 Joshua Lieb 365.90 123.13-01-34.000 Melissa Livermore 192.62 113.17-01-34.110 Michael McNally 15.16 122.12-01-05.000 Jeffrey Pierson 267.70 122.12-01-08.000 Emmanuel Pothos 15.16 122.13-01-33.000 Emmanuel Pothos 338.40 122.00-03-21.000 Irene Pothos 233.87 122.00-03-22.000 Irene Pothos 228.37 123.05-01-19.000 Irene Pothos 1581.37 123.05-01-36.000 Irene Pothos 137.62 123.13-01-25.000 Jay Rice 522.62 419 ---PAGE BREAK--- 123.05-01-08.000 Jessica Rutan 137.62 123.05-01-58.000 Shawn Scoville 319.12 113.17-02-02.000 Carol Simmons 137.62 113.17-01-03.000 Ronald Smith 224.52 122.08-01-02.000 Vicki Staley 210.49 123.13-01-08.200 David Steacy 262.71 123.13-01-09.000 David Steacy 122.46 123.00-04-20.000 Kathleen Stoker 137.62 123.05-01-07.000 Richard Supley 231.12 123.13-01-10.000 Charles Tennant 27.62 122.08-01-36.100 Jeanette Wasko 137.62 123.13-01-29.000 Verda Waskeo 258.62 113.17-02-16.000 James Williams 605.44 123.05-01-04.000 Ann Wittmaack Schehr 997.32 123.05-01-53.000 Robert Woodcock 222.87 Total $12,820.28 Submitted to Cortland County Real Property Tax Services 11/25/13 by Dale Bates, Supervisor. AGENDA ITEM NO. 47 – Levying Town Special District Taxes ON MOTION OF PARK RESOLUTION NO. 361-13 Levying Town Special District Taxes 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 2014: Town Cincinnatus Fire Tax 95,833.00 Light Tax 8,500.00 Cortlandville 748,960.00 Cuyler 77,100.00 Freetown 40,010.00 Harford 97,627.00 Homer 83,500.00 Lapeer 64,770.00 Marathon 99,059.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 420 ---PAGE BREAK--- Preble 95,000.00 Scott 37,617.00 Solon 44,500.00 Taylor 36,143.00 Truxton 81,654.00 Virgil 222,333.00 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. 48 – Levy County Tax - City of Cortland ON MOTION OF PARK RESOLUTION NO. 362-13 Levy County Tax - City of Cortland RESOLVED, that this Legislature directs the sum of seven million six hundred eight thousand, five hundred ninety-five dollars and 63 cents ($7,608,595.63) to be levied in the City of Cortland, Cortland County, for County purposes for the fiscal year beginning January 1, 2014 and that the Chairman and the Clerk of this Legislature certify this resolution to the Common Council of said City, pursuant to the Charter of said City. AGENDA ITEM NO. 49 – Levy Town General and Highway Taxes ON MOTION OF PARK RESOLUTION NO. 363-13 Levy Town General and Highway Taxes WHEREAS, there has been presented to this Legislature a duly certified copy of the annual budget RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 421 ---PAGE BREAK--- for the several towns of the County of Cortland for the fiscal year beginning January 1, 2014, 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 - $435,194 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 213,183.00 Freetown 195,350.00 Harford 278,305.00 Homer 251,355.00 Lapeer 210,939.00 Marathon 71,655.00 Preble 106,000.00 Scott 170,000.00 Solon 218,637.00 Taylor 132,130.00 Truxton 254,940.00 Virgil 337,537.00 Willet 121,150.00 , AND BE IT FURTHER RESOLVED, that the amounts to be raised for the General Fund and Debt Service Fund purposes as specified in the several budgets presented to this Legislature and which are on file in the Office of Real Property Tax Services hereof, shall and hereby are assessed and levied upon and collected from all taxable property in the towns as enumerated below except as otherwise provided by law, namely: Town General Fund Cincinnatus $ Cortlandville townwide 1,268,072.00 Cuyler 165,781.00 Freetown 29,715.00 Harford 43,101.30 Homer townwide 166,930.00 422 ---PAGE BREAK--- Lapeer 159,758.00 Marathon 175,727.00 Preble Scott Solon 145,625.22 Taylor 110,530.00 Truxton 135,000.00 Virgil 124,227.00 Willet 61,486.00 , 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. 50 – Amend 2014 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy ON MOTION OF PARK RESOLUTION NO. 364-13 Amend 2014 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy 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 2014, Towns Amount Lapeer $250,713.60 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 Solon resolution, $172,255.89 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, $32,500.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Taylor, AND RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 423 ---PAGE BREAK--- WHEREAS, by Town of Truxton resolution, $110,000.00 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, $75,000.00 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 2014 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 $825,469.49 and net amount to be raised by real property shall be $32,168,316.72. AGENDA ITEM NO. 51 – Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds ON MOTION OF PARK RESOLUTION NO. 365-13 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds WHEREAS, Section 554 of the New York State Real Property Tax Law provides a mechanism for the correction of errors on Real Property Tax Rolls by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by an entitled person in cases involving clerical errors, unlawful entries or certain errors in essential fact, AND WHEREAS, Section 554 of the New York State Real Property Tax Law authorizes the County Legislature to delegate to the County Auditor, on an annual basis, the authority to approve such corrections in cases where the correction sought does not exceed twenty-five hundred dollars ($2,500), AND WHEREAS, Section 556 of the New York State Real Property Tax Law provides a mechanism for the refunding of certain real property taxes by the County Legislature based upon the recommendation of the Director of the County Real Property Tax Services Agency pursuant to an application by a taxpayer in cases involving clerical errors, unlawful entries upon the assessment rolls and certain errors in essential fact, AND WHEREAS, said Section 556 of the Real Property Tax Law was amended to authorize the County Legislature to delegate to the County Auditor, on an annual basis, the authority to approve such refunds in cases where the refund sought does not exceed twenty-five hundred dollars ($2,500), AND WHEREAS, both sections also provide that the County Auditor will report to the County Legislature, on a basis, those refund applications which have been approved during the previous RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 424 ---PAGE BREAK--- month and further provides that all applications which have been denied by the Director, in whole or in part, shall be forwarded to the County Legislature for disposition, NOW THEREFORE BE IT RESOLVED, that pursuant to Sections 554 and 556 of the Real Property Tax Law, the County Legislature does hereby delegate to the County Auditor the authority to approve corrections to the Real Property Tax Rolls and approve certain refunds of real property taxes as outlined in said Sections 554 and 556 of the Real Property Tax Law, in cases where the refund sought does not exceed the amount of twenty-five hundred dollars ($2,500), AND BE IT FURTHER RESOLVED, that this delegation of authority shall remain in effect through December 31, 2014. AGENDA ITEM NO. 52 – Levying Water Charges - Town of Harford ON MOTION OF PARK RESOLUTION NO. 366-13 Levying Water Charges - Town of Harford 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 $ 513.25 172.06-01-09.000 McCutcheon, Ruby 535.58 172.06-01-01.000 Monroe, Edward 598.67 172.05-01-17.112 Poole, Thomas 508.94 Total $2,156.44 Submitted to Cortland County Real Property Tax Services on 11/15/13 by Diane Michaud, Harford Town Clerk. AGENDA ITEM NO. 53 – Levying Water Charges - Town of Virgil RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 425 ---PAGE BREAK--- ON MOTION OF PARK RESOLUTION NO. 367-13 Levying Water Charges - Town of Virgil 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: 127.15-01-31.000-20 Christopher R. Johnson 320.00 127.15-01-31.000-25 James & Nancy Sorbella 48.40 127.15-01-30.000-9 Karin Richardson 66.00 127.15-01-30.000-4 Thomas Glenn 66.00 Total $500.40 Submitted to Cortland County Real Property Tax Services on 11/07/13 by Alane VanDonsel Virgil Town Clerk. AGENDA ITEM NO. 54 – Levying Sewer Charges - Town of Virgil ON MOTION OF PARK RESOLUTION NO. 368-13 Levying Sewer Charges - Town of Virgil WHEREAS, a statement showing the unpaid sewer charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 426 ---PAGE BREAK--- 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: 127.15-01-31.000-20 Christopher R. Johnson 475.00 127.15-01-31.000-25 Janes & Nancy Sorbella 77.19 127.15-01-30.000-9 Karin Richardson 104.50 127.15-01-30.000-4 Thomas Glenn 104.50 Total $761.19 Submitted to Cortland County Real Property Tax Services on 11/07/13 by Alane VanDonsel, Virgil Town Clerk. AGENDA ITEM NO. 55 – Levying Sewer Charges - Town of Cuyler ON MOTION OF PARK RESOLUTION NO. 369-13 Levying Sewer Charges - Town of Cuyler WHEREAS, a statement showing the unpaid sewer charges in the Town of Cuyler, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cuyler: 31.02-02-09.000 Marshall, James 179.20 31.02-02-11.000 Warner, Timothy 291.20 31.02-02-20.000 Driscoll, Christopher 179.20 31.02-02-33.100 Hannafan, Richard P 515.20 Total $ 1,164.80 Submitted to Cortland County Real Property Tax Services on 11/12/13 by Wendy Custer, Cuyler Town Clerk. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 427 ---PAGE BREAK--- AGENDA ITEM NO. 56 – Authorizing the Use of Tax Stabilization Reserve Fund – Treasurer’s Office Mr. Troy made a motion to suspend the Rules of Order to consider a last minute addition to the agenda. Second by Mr. Parker. All members voting in favor; none opposed. The motion was approved , and the item became Agenda Item No. 56. ON MOTION OF PARK RESOLUTION NO. 370-13 Authorizing the Use of Tax Stabilization Reserve Fund – Treasurer’s Office WHEREAS, pursuant to Resolution 352-10 Cortland County established a Contingency and Tax Stabilization Reserve in the General Fund to finance certain unanticipated revenue losses or unanticipated expenditures chargeable to the “eligible portion” of the annual budget and also may be used to lessen or prevent projected increases of the annual budget, AND WHEREAS, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established; no expenditures shall be made from this Reserve Fund without the approval of this governing board, AND WHEREAS, the Cortland County Legislature adopted the 2014 Budget on December 12, 2013, with the anticipation of utilizing funds from the Tax Stabilization Reserve Fund, NOW THEREFORE BE IT RESOLVED, that Cortland County Legislature hereby authorizes the Budget Officer to utilize of $300,000.00 of the Contingency and Tax Stabilization Reserve Fund in the 2014 budget, AND BE IT FURTHER RESOLVED, that in accordance with Appendices A and B of the duly adopted 2014 budget, the following reserve accounts are hereby acknowledged and authorized to balance the 2014 budget: DWI Reserve $30,000 Occupancy Tax Reserve $50,000 Liability Insurance Fund $39,700 Unappropriated General Fund $420,199 Solid Waste Reserve (for debt) $225,000 Equipment Reserve $290,000 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Park, Chair, Legislative District 11 SECONDER: Kathie Arnold, Legislative District 16 AYES: Troy, Parker, Cobb, Hartnett, Bushnell, Spaulding, Pace, Natoli, Wheelock, Park, Ross, Whitney, Boyden, Arnold, Fuller, Price, Wagner EXCUSED: Newell Willcox Jr., Susan Briggs 428 ---PAGE BREAK--- Announcements Adjourn 429 ---PAGE BREAK--- Appendix of Attachments ---PAGE BREAK--- Town Tax ID Owner Name Address Acres Cincinnatus 111.00-01-06.000 Smith, Eric S 4912 Clarks Rd 83.90 Cincinnatus 111.00-01-07.000 Knickerbocker, Donald 5067 Clarks Rd 147.10 Cincinnatus 111.00-01-08.000 Knickerbocker, Donald Knickerbocker Rd 36.70 Cincinnatus 111.00-03-01.000 Wagner, Mark E 4781 Knickerbocker Rd 26.17 Cincinnatus 111.00-03-03.000 Leidenfrost, Carl 4784 Knickerbocker Rd 69.35 Cincinnatus 112.00-01-09.111 Knickerbocker, Donald Telephone Rd 141.00 Cincinnatus 112.00-01-12.000 Crawford, Theodore J 5513 Telephone Rd 73.90 Cincinnatus 112.00-02-03.000 Marsh Wayne D 5224 Knickerbocker Rd 99.00 Cincinnatus 112.00-02-04.000 Knickerbocker, Donald 5076 Knickerbocker Rd 163.80 Cincinnatus 112.00-04-03.000 Smith, John L 3239 Taylor Valley Rd 53.60 Cincinnatus 112.00-05-01.000 Yale, Randy S Telephone Rd 29.60 Cincinnatus 112.00-05-03.000 Symons, Dennis J Telephone Rd 8.00 Cincinnatus 112.00-05-04.000 Symons, Dennis J Telephone Rd 8.54 Cincinnatus 112.00-05-05.000 C Bullcow Enterprises LLC 5214 Telephone Rd 9.86 Cincinnatus 112.00-05-06.000 Novick, Donna R Telephone Rd 10.00 Cincinnatus 112.00-05-08.000 Gutt, Janine F Knickerbocker Rd 11.00 Cincinnatus 112.00-05-11.000 King, Kevin Clarks Rd 17.00 Cincinnatus 113.00-01-14.000 Davis, Sally 3148 Route 26 168.80 Cincinnatus 113.00-01-16.000 Ufford, Franklin 3158 Cincinnatus Rd 56.80 Cincinnatus 113.00-01-17.000 Ufford, Franklin Cincinnatus Rd 51.70 Cincinnatus 113.00-01-23.000 Moniz Joseph P Cincinnatus Rd 12.13 Cincinnatus 113.00-01-24.110 Dirig, Quintin 3100 Cincinnatus Rd 18.93 Cincinnatus 113.00-01-24.120 Moniz Joseph P Cincinnatus Rd 63.13 Cincinnatus 113.00-03-03.100 Venerable, Frazier 3012,3038 Cincinnatus Rd 87.50 Cincinnatus 113.00-03-03.200 Parks Ralph C Cincinnatus Rd 26.10 Cincinnatus 121.00-01-04.000 Fox, Charlene 4816 Fox Rd 110.50 Cincinnatus 121.00-01-05.000 Coblentz, Noah 4678 Fox Rd 93.60 Cincinnatus 121.00-01-09.000 Mann, Robert G Fox Rd 41.88 Cincinnatus 121.00-01-10.000 Mann, Robert G 4845 Fox Rd 25.87 Cincinnatus 121.00-02-02.000 Robinson, Edward S Dutch Hill Rd Spur 153.00 Cincinnatus 121.00-02-04.111 Brewer, Michael J 4882 Dutch Hill Rd Spur 13.52 Cincinnatus 121.00-02-04.122 Kellogg, Raymond 4836 Dutch Hill Rd Spur 13.65 Cincinnatus 121.00-02-05.000 Gorham, Thomas Dutch Hill Rd Spur 77.00 Resolution No. 63-13 ---PAGE BREAK--- Cincinnatus 122.00-03-13.000 Bell, William 5362 Piety Hill Rd 10.00 Cincinnatus 122.00-03-14.100-1 Renz, Karen J Route 26 206.80 Cincinnatus 122.00-03-14.200 Cincinnatus Fire District 2647 Route 26 18.07 Cincinnatus 122.00-03-27.000 Riverside Dairy LLC Lower Cincinnatus Rd 108.60 Cincinnatus 122.00-03-29.000 Harvey, Glenn 2464 Lower Cincinnatus Willet Rd 3.00 Cincinnatus 122.00-04-07.000 Shafer, Eugene 5295 5299 Dutch Hill Rd 50.20 Cincinnatus 122.00-04-08.000 Mudge, Steven R Route 41 33.16 Cincinnatus 122.00-04-15.000 Mudge, Steven R 5169 Piety Hill Rd 285.70 Cincinnatus 122.00-04-17.000 Mudge, Tyler Piety Hill Rd 10.67 Cincinnatus 123.00-02-01.000 Bharatkenny, Yonette N McFarlane Rd 9.00 Cincinnatus 123.00-02-02.000 Bharatkenny, Yonette N McFarlane Rd 10.00 Cincinnatus 123.00-02-04.000 Simmons, Kathleen 6048 McFarlane Rd 12.00 Cincinnatus 123.00-02-05.000 Geraghty Catherine McFarlane Rd 15.00 Cincinnatus 123.00-02-08.000 Becker, Ronald G Jr McFarlane Rd 7.00 Cincinnatus 123.00-02-12.000 International Appraisal Assoc 6013 McFarlane Rd 9.14 Cincinnatus 123.00-02-13.100 Loomis, Charles McFarlane Rd 14.00 Cincinnatus 123.00-03-14.000 Riverside Dairy LLC Brackel Rd 64.04 Cincinnatus 123.00-04-01.000 Harvey, Glenn Lower Cincinnatus Willet Rd 146.00 Cincinnatus 123.00-04-02.000 Harvey, Glenn 2522 Lower Cincinnatus Willet Rd 0.00 Cincinnatus 123.00-04-15.000 Walker, Harold W 5948 Route 23 13.72 Cincinnatus 123.00-04-26.000 East West Group LLC Brackel Rd 99.16 Cincinnatus 123.00-04-29.000 Haynes, Walter R 5985 Route 23 41.25 Cincinnatus 131.00-01-07.000 Nabinger, Edward D Dutch Hill Rd 48.00 Cincinnatus 132.00-01-07.100 Tuning, Martha J 2349 Stafford Rd 85.80 Cincinnatus 132.00-01-12.000 Griffen, Fred A 2273 Stafford Rd 81.80 Cincinnatus 132.00-01-17.200 Weber Paul 5147 Gee Brook Rd 124.00 Cincinnatus 132.00-01-20.110 Parks, James M Route 26 And 41 80.60 Cincinnatus 132.00-01-20.200 Dondero, Joseph 5378 Gee Brook Rd 12.00 Cincinnatus 133.00-01-01.000 Riverside Dairy LLC 2258 Lower Cincinnatus Willet Rd 795.34 Cincinnatus 133.00-01-02.000 Riverside Dairy LLC Baldwin Corners Rd 146.40 Cincinnatus 133.00-01-06.000 Tomlinson, Leonard H 5865 Baldwin Corners Rd 179.60 Cincinnatus 133.00-01-12.100 Mead, Robert 2004 Lower Cincinnatus Willet Rd 410.85 Cincinnatus 133.00-02-01.000 Adams, Gerald E Jr 5936 Baldwin Corners Rd 31.13 Cincinnatus 133.00-02-02.100 Andruszkiewicz, David & Mary Baldwin Corners Rd 12.00 ---PAGE BREAK--- Cincinnatus 133.00-02-02.200 Andruszkiewicz, David & Mary Baldwin Corners Rd 23.00 Cincinnatus 133.00-02-03.000 Fieschel, Arthur 5949 Baldwin Corners Rd 65.42 Cincinnatus 133.00-02-05.000 Kouril, Gary 6097 Baldwin Corners Rd 60.07 Cincinnatus 133.00-03-02.000 Moniz, Joseph P 6134 Baldwin Corners Rd 36.30 Cincinnatus 133.00-03-05.200 Kelly, Brian J 6086 Baldwin Corners Rd 65.00 Cincinnatus 141.00-01-06.000 Sautter, Stephen 4692 Gee Brook Road 2.36 Cincinnatus 141.00-01-08.000 Sautter, Stephen 1553 Gee Brook Road 119.70 Cincinnatus 141.00-02-01.000 Sautter, Stephen S 4943 Gee Brook Rd 61.70 Cincinnatus 141.00-02-02.000 Hoellerer, Nathan C 5007 Gee Brook Rd 20.00 Cincinnatus 141.00-03-04.000 Sautter, Stephen Gee Brook Road 16.28 Cincinnatus 142.00-01-07.220 Appel Karl Gee Brook Rd 15.00 Cincinnatus 142.00-01-09.000 Clark, Fredwin A Jr 1902 Lower Cincinnatus Willet Rd 240.27 Cincinnatus 142.00-01-10.000 Southern Tier Real Est 3, LLC Lower Cincinnatus Willet Rd 60.20 Cincinnatus 142.00-01-12.111 Delavan, Dean A Lake Rd 49.30 Cincinnatus 142.00-01-12.120 Littel, James L Lake Rd 75.00 Cincinnatus 142.00-01-13.111 Delavan, Jonathan I 5034 Gee Brook Rd 84.20 Cincinnatus 142.00-01-13.112 Gohl, Sharon Gee Brook Rd 7.39 Cincinnatus 142.00-01-20.000 Littlel, James 1689 Route 26 & 41 220.00 Cincinnatus 142.00-01-24.000 Cardner, John Gee Brook Rd 8.08 Cincinnatus 143.00-01-02.110 Southern Tier Real Est 3, LLC Lower Cincinnatus Willet Rd 38.47 Cincinnatus 143.00-01-03.000 Harvey, Glenn Staley Rd 110.00 Cincinnatus 143.00-01-04.000 Briggs, Richard H 5935 Staley Rd 100.27 Cincinnatus 143.00-01-06.000 Briggs, Richard H German Hill Rd 27.70 Cortlandville 75.00-01-02.100 Jebbett, Jeffrey 434 Hatfield Hill Rd 260.19 Cortlandville 75.00-01-11.000 Martin, Mark 4351 Kinney Gulf Rd 97.47 Cortlandville 75.00-01-24.110 Sweeney, Robert 4453 Sweeney Rd 225.97 Cortlandville 75.00-01-24.200 Hess, Paul G Sweeney Rd 10.29 Cortlandville 75.00-02-16.000 Sweeney, Robert Sweeney Rd 9.96 Cortlandville 75.00-03-04.000 Sweeney, Robert 4310 Sweeney Rd 101.50 Cortlandville 76.00-01-19.100 Ottenschot, Robert 4536 Route 281 100.74 Cortlandville 76.00-03-03.000 Westan Realty, LLC Route 81 13.40 Cortlandville 76.00-04-03.000 Wickwire, Katherine S Blue Creek Rd 56.66 Cortlandville 76.00-04-12.111 Bell, Gerald R 1136 Blue Creek Rd 73.20 Cortlandville 76.18-01-23.000 Thomas, Tammy 4271 Route 281 7.98 ---PAGE BREAK--- Cortlandville 77.00-09-14.000 Rich, Patrick 2048 E. River Road 55.19 Cortlandville 77.13-01-06.100 Underwood, Jeanne M 1737-1739 Route 13 58.79 Cortlandville 78.00-01-07.000 Carrier, Alice 4574 McGraw N Rd 20.00 Cortlandville 78.00-01-16.110 Diescher, John R 4458 Streeter Rd 298.00 Cortlandville 78.00-01-18.000 Zogg, Alfred V Jr Streeter Rd 103.18 Cortlandville 78.00-01-19.110 Johnson, Patrick 4246 Ames Rd 85.70 Cortlandville 78.00-01-19.120 Johnson, Patrick Streeter Rd 0.00 Cortlandville 78.00-01-23.000 Hurlbert, Roydell S 2387 Ames Rd 8.47 Cortlandville 78.00-01-24.111 Michael K 2528 Ames Rd 25.78 Cortlandville 78.00-01-24.200 Michael K Ames Rd 74.08 Cortlandville 79.00-01-08.000 Soshinsky Farms Route 41 150.20 Cortlandville 84.00-02-01.000 McCloy, Abraham Jr 209,215 Sears Rd 133.20 Cortlandville 84.00-03-04.100 Sears Trust, James F 209-311 Sears Rd 30.80 Cortlandville 84.00-03-04.200 Fouts, Paul Sears Rd 221.70 Cortlandville 84.00-03-05.000 Martin, Roland 365 Sears Rd 5.33 Cortlandville 84.00-03-07.000 Fouts, Robert A Sears Rd 45.01 Cortlandville 85.00-01-18.000 Glenn M 681 Hoy Rd 105.00 Cortlandville 85.00-01-19.000 Davis, Mark R 575 Hoy Rd 166.71 Cortlandville 85.00-01-22.110 Kozer, Gilbert E 4245 Kinney Gulf Rd 112.47 Cortlandville 85.00-01-28.200 Davis, Leland Sears Rd 80.00 Cortlandville 85.00-01-30.112 Downes, David M Perris Rd 30.58 Cortlandville 85.00-01-32.100 Davis, Leland W Perris Rd 96.98 Cortlandville 85.00-01-32.200 Yaman, David 3924 Perris Rd 15.93 Cortlandville 85.00-01-43.100 Perry, Lawrence E 561 Sears Rd 14.32 Cortlandville 85.00-01-47.000 Carr, Daniel J 671 Route 222 54.20 Cortlandville 85.00-02-02.110 Fox, Joseph W 391 Sears Rd 15.17 Cortlandville 85.00-02-04.000 Steigerwalt, Michael N 429 Sears Rd 51.27 Cortlandville 85.00-03-01.100 Owen, Daniel M Hoy Rd 43.92 Cortlandville 85.00-03-29.000 Owen, Daniel M Highland Rd 96.70 Cortlandville 85.00-05-05.110 Randolph, Robert E 375 Hoy Rd 22.80 Cortlandville 85.00-05-05.120 McMasters, David J 371 Hoy Rd 5.00 Cortlandville 85.00-05-05.200 McMasters, David 4216-4224 McCloy Rd 314.99 Cortlandville 85.00-05-06.110 Randolph, Robert E 397 Hoy Rd 18.70 Cortlandville 85.00-05-06.200 Poole, Michael L 429 Hoy Rd 16.45 ---PAGE BREAK--- Cortlandville 85.00-05-07.000 DelVecchio, John 507 Hoy Rd 70.39 Cortlandville 85.00-08-01.000 Sweeney, Gary B Sweeney Rd 32.00 Cortlandville 85.00-08-02.000 Hickox, Robert P 4296 Sweeney Rd 2.00 Cortlandville 85.00-08-17.000 McKeown Group LLC Sweeney Rd 122.34 Cortlandville 85.00-08-21.000 Sweeney, Darol L 4197 Sweeney Rd 10.07 Cortlandville 85.00-08-24.000 Stafford, Lois 4086 Kinney Gulf Rd 104.80 Cortlandville 85.11-02-03.000 Maher, Jean E Hoy Rd 4.38 Cortlandville 85.16-02-05.100 Forbes, Jim Route 222 48.02 Cortlandville 85.20-01-15.000 Huttleston, Thomas R 853 Route 222 16.56 Cortlandville 87.00-01-04.100 Johnson, Patrick T Riley Rd 51.59 Cortlandville 87.00-01-04.200 Christofferson, Douglas J Riley Rd 76.90 Cortlandville 87.00-01-05.000 Zogg, Alfred V Jr Carr Hill Rd 135.40 Cortlandville 87.00-01-08.100 Christofferson, Douglas J Riley Rd 163.80 Cortlandville 87.00-01-08.200 LaPlant, Chavonne Carr Hill Rd 19.48 Cortlandville 87.00-01-17.000 Keller, James Carr Hill Rd 91.48 Cortlandville 87.00-01-27.112 Christofferson, Douglas J Carr Hill Rd 19.10 Cortlandville 87.00-01-34.111 Polley, E. Andrew Carr Hill Rd 48.14 Cortlandville 87.00-03-02.110 Condron, Joanne E River Rd 129.70 Cortlandville 87.00-03-02.200 Thomas, Kathleen M 1554 E River Rd 5.11 Cortlandville 87.00-03-03.000 Johnson, Patrick T 1911 Riley Rd 98.16 Cortlandville 87.00-03-07.000 Johnson, Patrick T Riley Rd 2.46 Cortlandville 87.00-03-08.000 Johnson, Patrick Route 11 94.15 Cortlandville 87.00-03-10.000 Diescher Trust, William L 3942 Route 11 76.50 Cortlandville 87.00-03-16.110 Suit-Kote Corporation Route 11 11.59 Cortlandville 87.00-03-16.121 Suit-Kote Corporation 3911 Route 11 10.50 Cortlandville 87.00-04-10.000 Law, David W 3893 Route 11 9.42 Cortlandville 87.00-05-01.000 Johnson, Patrick T Riley Rd 24.89 Cortlandville 87.00-05-03.000 Diescher, John Riley Rd 67.79 Cortlandville 87.00-05-04.000 Duncan, Stanley Riley Rd 62.72 Cortlandville 87.00-05-05.000 Staley, Douglas C 3872 Route 11 13.01 Cortlandville 87.00-05-08.000 Staley, Douglas C 3890 Route 11 22.18 Cortlandville 88.00-01-03.000 Bush, Steven R 4255 Hobart Hill Rd 175.25 Cortlandville 88.00-01-04.200 Bush, Steven R 4264 Hobart Hill Rd 10.00 Cortlandville 88.00-01-33.122 Hicks, David F 4075 Hicks Hill Rd 16.90 ---PAGE BREAK--- Cortlandville 88.00-01-33.210 Hicks, David F 4141 Hicks Hill Rd 211.41 Cortlandville 88.00-01-34.100 Isherwood, Robert Hobart Hill Rd 10.44 Cortlandville 88.00-01-34.200 McCarthy, Shane Patrick 4081 Hobart Hill Rd 108.00 Cortlandville 88.00-01-38.120 Vogt, Carlton W Jr 4632 Route 41 44.50 Cortlandville 88.00-01-39.000 Allis, Richard D 3907 Hobart Hill Rd 45.63 Cortlandville 88.00-01-48.111 Ulmer, Russell W 4658 Route 41 79.10 Cortlandville 88.00-01-48.120 Bean, Russell V 3861 Hobart Hill Rd 11.50 Cortlandville 88.00-01-74.100 Miller, Dean G 3781 Clinton St 19.52 Cortlandville 88.00-01-74.200 Law, David W 3819 Clinton St 10.50 Cortlandville 94.00-01-03.100 Fouts, Robert A 255,273 Old Groton Rd 1.40 Cortlandville 94.00-01-04.110 Fouts, Robert 186,252 Old Groton Rd 139.70 Cortlandville 94.00-01-05.100 Herting, Thomas A 209 E Holl Rd 52.50 Cortlandville 94.00-01-05.200 Carroll, Michael E. Holl Road 53.69 Cortlandville 94.00-01-07.000 Carroll, Michael T 194 E Holl Rd 64.00 Cortlandville 95.00-01-25.000 Space Trust , Robert 597 McLean Rd 159.80 Cortlandville 95.00-01-26.100 Davis, Leland W 499 Route 222 168.00 Cortlandville 95.00-01-28.000 Davis, LeLand W 441 Route 222 83.36 Cortlandville 95.00-01-32.100 Carroll, Earl L 307 E Holl Rd 3.12 Cortlandville 95.00-01-32.200 Carroll, Michael T 311 E Holl Rd 77.38 Cortlandville 95.00-01-35.100 Carroll, Michael T 270 E Holl Rd 49.00 Cortlandville 95.00-06-10.000 Cortlandville Mine Holdings LL 730-732 Lime Hollow Rd 63.40 Cortlandville 95.00-09-06.200 Cortland County Ind Develop Luker Rd 0.00 Cortlandville 95.00-11-01.000 Carroll, Michael T Old Groton Rd 67.40 Cortlandville 95.00-11-06.000 Carroll, Michael T Route 222 50.30 Cortlandville 95.00-11-07.000 Carroll, Michael T Route 222 45.70 Cortlandville 95.00-11-14.000 Viglietta, Theodore 396 Route 222 2.07 Cortlandville 95.00-11-15.000 Seamans, Gerry F 391 Route 222 8.35 Cortlandville 95.00-11-18.000 Carroll, Michael T Route 222 2.66 Cortlandville 95.00-11-19.100 Layaw, Douglas D 407 Route 222 97.00 Cortlandville 95.15-01-13.000 Cortland Wood Products Inc Stupke Rd 34.60 Cortlandville 96.00-05-03.000 Carter, Richard D Jr 3553 Pendleton St 10.24 Cortlandville 96.00-05-04.000 Gibbons, Michael F 3535 Pendleton St 10.00 Cortlandville 96.00-05-05.000 Esposito, Nicholas J Pendleton St 20.66 Cortlandville 96.00-10-05.000 Reed, Donald P Route 215 18.61 ---PAGE BREAK--- Cortlandville 96.00-10-06.000 Dayton, Millard A 3427 Page Green Rd 172.65 Cortlandville 97.00-01-36.111 Merritt, James F 1863 Ahrens Rd 112.04 Cortlandville 97.00-01-44.100 Harvey, Dean S 3494 Pendleton St 118.75 Cortlandville 97.00-01-45.000 Morse, William 1905 Ahrens Rd 64.00 Cortlandville 97.00-01-46.100 Morse, William P Ahrens Rd 24.30 Cortlandville 97.00-01-60.100 Suit-Kote Corporation Route 41 10.47 Cortlandville 98.00-01-66.000 Diescher, John R Snell Hill Rd 203.00 Cortlandville 98.00-04-12.110 Diescher, John R 3471 South Hill Rd 480.80 Cortlandville 98.00-04-12.120 Clementel, Mark R South Hill Rd 54.50 Cortlandville 98.00-04-12.200 Smith, C Snell Hill Rd 7.15 Cortlandville 98.00-04-18.200 Strong, Frederick M Ridge Rd 9.77 Cortlandville 98.00-05-01.000 Heller, Sigrid Ridge Rd 8.38 Cortlandville 98.00-05-02.000 Heller, Sigrid Ridge Rd 51.32 Cortlandville 98.00-05-04.000 Heller, Sigrid Ridge Rd 8.40 Cortlandville 98.00-05-10.000 Reardon, Donna E 2836 Ridge Rd 11.12 Cortlandville 98.00-05-12.000 Butler, Timothy John Ridge Rd 7.29 Cortlandville 98.00-05-13.000 Skotsen, Bodgan South Hill Rd 12.27 Cortlandville 98.00-05-15.000 Reardon, Donna E 3595 South Hill Rd 12.30 Cortlandville 98.00-05-16.000 Reardon, Donna E 3581 South Hill Rd 11.49 Cortlandville 98.00-05-17.000 McGuiness, David 3567 South Hill Rd 35.57 Cortlandville 98.00-05-18.200 Jenin, George South Hill Rd 7.70 Cortlandville 98.00-05-19.000 Clementel, Roland Snell Hill Rd 7.15 Cortlandville 98.00-05-20.000 Diescher, John R Ridge Rd 140.42 Cortlandville 98.00-05-21.000 Fuller, Richard 2658 Ridge Rd 92.73 Cortlandville 98.00-05-22.000 Reardon, Stacy E 2576 Ridge Rd 33.20 Cortlandville 98.00-06-01.000 Tarantino, Joseph Ridge Rd 14.74 Cortlandville 98.00-06-02.000 Tarantino, Joseph Ridge Rd 5.02 Cortlandville 98.00-06-03.000 Tarantino, Joseph Ridge Rd 5.01 Cortlandville 98.00-06-04.000 Tarantino, Joseph Ridge Rd 5.01 Cortlandville 98.00-06-05.000 Tarantino, Joseph Ridge Rd 5.19 Cortlandville 98.00-06-06.000 Tarantino, Joseph Ridge Rd 10.66 Cortlandville 99.00-01-10.110 Card, Robert H 3709 McGraw Marathon Rd 99.01 Cortlandville 105.00-01-28.000 Farm East, LLC 809, 904 South Cortland Virgil Road 136.05 Cortlandville 105.00-01-33.000 Baker, Christine A 3187 Gracie Rd 18.00 ---PAGE BREAK--- Cortlandville 105.00-01-39.000 Elm Tree Realty, LLC Route 13 19.60 Cortlandville 105.00-01-43.111 Farm East, LLC 487 Route 13 209.20 Cortlandville 105.00-01-44.000 McGee, John A S Cortland Virgil Rd 18.30 Cortlandville 105.00-01-48.100 Empire Tractor 638 Route 13 69.28 Cortlandville 105.00-01-50.000 Farm East, LLC 3245 S Cortland Virgil Rd 79.90 Cortlandville 105.00-01-56.000 Davis, Mary 3118 S Cortland Virgil Rd 72.00 Cortlandville 105.00-01-58.000 Davis, Mary S Cortland Virgil Rd 11.80 Cortlandville 105.00-02-01.000 JPB, LLC 842 Bennie Rd 17.14 Cortlandville 105.00-03-03.000 Cortlandville Mine Holdings LL 765 Route 13 33.60 Cortlandville 105.00-03-06.000 Cortlandville Mine Holdings LL 785 Route 13 22.85 Cortlandville 105.00-03-15.000 Osbeck Realty Inc 707-719 Route 13 9.91 Cortlandville 105.00-03-16.000 Cortland County Ind Devel Osbeck Ln 4.96 Cortlandville 105.00-03-17.000 Cortland County Ind Devel 3156 Finger Lakes East Dr 4.78 Cortlandville 105.00-03-18.000 Cortland County Ind Devel Osbeck Ln 5.62 Cortlandville 105.00-03-19.000 Cortland County Ind Devel 3144 Finger Lakes East Dr 4.35 Cortlandville 105.00-03-20.000 Cortland County Ind Devel 3128 Finger Lakes East Dr 8.50 Cortlandville 105.00-03-21.000 Cortland County Ind Devel 3114 Finger Lakes East Dr 2.40 Cortlandville 105.00-03-22.000 Cortland County Ind Devel 3111 Finger Lakes East Dr 8.65 Cortlandville 105.00-03-23.000 Cortland County Ind Devel 3117 Finger Lakes East Dr 6.59 Cortlandville 105.00-03-24.000 Cortland County Ind Devel Finger Lakes East Dr 38.98 Cortlandville 105.00-03-25.000 Cortland County Ind Devel 3125 Finger Lakes East Dr 9.75 Cortlandville 105.00-03-26.000 Cortland County Ind Devel 3135 Finger Lakes East Dr 8.12 Cortlandville 105.00-03-27.000 Cortland County Ind Devel 3145 Finger Lakes East Dr 6.05 Cortlandville 105.00-03-28.000 Cortland County Ind Devel 3153 Finger Lakes East Dr 4.92 Cortlandville 105.00-03-29.000 Cortland County Ind Devel 3165 Finger Lakes East Dr 5.99 Cortlandville 106.00-01-06.210 Reed, Donald P Route 215 210.70 Cortlandville 106.00-01-08.000 Reed, Carol J 3198 Route 215 30.43 Cortlandville 106.00-01-09.000 Sloan, Carol S 3241 Page Green Rd 91.70 Cortlandville 106.00-01-10.000 Wilk, David O 1533 Blodgett Mills Rd 62.20 Cortlandville 106.00-01-11.000 Wilk, Michael S Pendleton St 56.00 Cortlandville 106.00-01-12.100 Wilk, Michael S Page Green Rd 78.16 Cortlandville 106.00-01-13.110 Fickenscher, Robin B 3197 Page Green Rd 45.00 Cortlandville 106.00-01-13.120 Fickenscher, David E Page Green Rd 28.06 Cortlandville 106.00-01-14.111 Wittmaack, Ann 1343 Ely Rd 12.79 ---PAGE BREAK--- Cortlandville 106.00-01-47.000 Newman, Willis & Jane Page Green Rd 54.28 Cortlandville 106.00-05-01.000 Miller, James 999 Bennie Rd 8.84 Cortlandville 106.00-08-02.000 Finnerty, James T 1026 Bennie Rd 25.82 Cortlandville 106.00-08-03.000 Crispell, Cheryl A 1044 Bennie Rd 29.60 Cortlandville 106.00-08-04.000 Smith, Dustin H 1066 Bennie Rd 57.79 Cortlandville 106.00-08-05.000 Nobles, Milton D 1150 Bennie Rd 12.22 Cortlandville 106.00-09-19.000 Rew, Dennis W 1065 Gallagher Rd 128.70 Cortlandville 107.00-01-01.200 Wilk, David O Pendleton St 33.40 Cortlandville 107.00-01-03.000 Wilk, Michael S 1715 Blodgett Mills Rd 107.00 Cortlandville 107.00-01-04.000 Root, Robert E 1825 Blodgett Mills Rd 164.00 Cortlandville 107.00-01-05.000 Woodworth, Kenneth Blodgett Mills Rd 117.00 Cortlandville 107.00-01-15.000 McMahon, Brian E Blodgett Mills Rd 102.03 Cortlandville 107.00-01-16.000 Kinney, Carolene M Blodgett Mills Rd 56.83 Cortlandville 107.00-01-17.100 Wilk, Michael S 3158 Pendleton St 92.48 Cortlandville 107.02-01-31.100 Morgan, Kenneth L Jr 3275 Clute Rd 12.56 Cortlandville 108.00-03-01.000 Jones Trust, Donald 3310 South Hill Rd 57.50 Cortlandville 109.00-01-01.000 Schmidt, Greg 3025 Monroe Rd 369.83 Cuyler 11.00-02-05.100 Seamans, Bernice 7743 E Keeney Rd 237.40 Cuyler 11.00-04-02.000 Seamans, Leland 7754 W Keeney Rd 7.00 Cuyler 11.00-06-02.000 Zacholl, Dennis J Eaton Hill Rd 21.16 Cuyler 11.00-06-07.000 Keeney, Richard W Keeney Rd 23.64 Cuyler 11.00-06-11.000 Butkins, William M 7485 W Keeney Rd 28.28 Cuyler 11.00-06-12.121 Seus, Mark 7533 E Keeney Rd 95.51 Cuyler 11.00-06-12.200 Farm East LLC Eaton Hill Rd 197.11 Cuyler 11.00-07-01.000 Maplehurst Property LLC W Keeney Rd 1.70 Cuyler 11.00-07-02.000 Maplehurst Property LLC W Keeney Rd 13.21 Cuyler 11.00-07-03.000 Seus, Mark W Keeney Rd 17.13 Cuyler 11.00-07-04.000 Maplehurst Property LLC W Keeney Rd 17.93 Cuyler 11.00-07-06.000 Hill, Heather H 7593 W Keeney Rd 19.75 Cuyler 11.00-07-07.000 Welitschinsky, George J W Keeney Rd 13.08 Cuyler 11.00-07-09.000 Maplehurst Property LLC W Keeney Rd 22.78 Cuyler 21.00-01-06.000 Keeney, Richard H 7189 W Keeney Rd 346.44 Cuyler 21.00-01-12.200 Young, Martin 7115 W Keeney Rd 208.90 Cuyler 21.00-01-16.100 Young, Martin 4747 Tripoli Rd 328.00 ---PAGE BREAK--- Cuyler 21.00-03-05.000 Custer, David T 7323 E Keeney Rd 71.30 Cuyler 21.00-03-07.000 Randall, Douglas R 7108,7135 E Keeney Rd 194.30 Cuyler 21.00-03-12.000 Randall, Robert 6984 E Keeney Rd 107.65 Cuyler 21.00-03-16.000 Young, Martin E Keeney Rd 89.02 Cuyler 21.00-03-18.000 Custer, David T 7187 E Keeney Rd 21.80 Cuyler 22.00-01-18.111 Mead, Donald 5135 Route 13 61.56 Cuyler 22.00-01-18.112 Mead, Michael J Route 13 40.99 Cuyler 22.00-01-18.120 Aldrich, James J Route 13 92.82 Cuyler 22.00-01-19.000 Randall, Robert 7125 Hurlburt Rd 71.83 Cuyler 22.00-01-38.200 Wood, Calvin Route 13 11.70 Cuyler 22.00-01-39.210 Wood, Calvin Route 13 126.80 Cuyler 22.00-01-42.100 Coon, Edwin B 5432 Route 13 85.60 Cuyler 22.00-01-42.211 Clark, Gary J Route 13 57.40 Cuyler 22.00-01-45.000 Randall, Robert Route 13 182.00 Cuyler 22.00-01-50.200 Wood, Calvin Richmond Hill Rd 50.00 Cuyler 22.00-01-54.100 Wood, Calvin E Route 13 73.30 Cuyler 22.00-01-56.110 Wood, Barbara P 5668 Route 13 98.00 Cuyler 22.00-01-56.120 Wood, Calvin Route 13 14.70 Cuyler 22.00-03-10.000 Randall, Robert Cowles Settlement Rd 63.00 Cuyler 22.00-05-19.000 Wood, Calvin Oil Mill Rd 46.30 Cuyler 22.00-07-02.000 Curtis, Todd J 7207 Stockton Rd 43.66 Cuyler 22.00-07-04.000 Crossway, Kenneth S 7083 Stockton Rd 4.15 Cuyler 22.00-07-05.200 Crossway, Kenneth S Stockton Rd 1.51 Cuyler 22.00-07-06.000 Orzell, William C 7266 High Bridge Rd 5.93 Cuyler 22.00-08-02.200 Carrabba, Vince Cowles Settlement Rd 31.80 Cuyler 22.00-08-03.000 Carrabba, Vince 7299 Cowles Settlement Rd 15.11 Cuyler 22.00-08-04.000 Marshall, Carl H 7312-7320 Keith Rd 8.79 Cuyler 22.00-08-07.000 Mertz, Eric D 7344 Keith Rd 7.10 Cuyler 31.00-01-01.210 Eldridge, Richard C 6754,6779 W Keeney Rd 427.40 Cuyler 31.00-01-04.000 Young, Martin Tripoli Rd 6.77 Cuyler 31.00-01-06.100 Randall, Robert 6891-6893 E Keeney Rd Ext 91.50 Cuyler 31.00-01-33.000 Young, Janet C Pardee Rd 78.00 Cuyler 31.00-03-01.000 Daley, Adam 6581 W Keeney Rd 85.80 Cuyler 31.00-03-03.000 Eldridge, Richard C W Keeney Rd 32.98 ---PAGE BREAK--- Cuyler 31.00-03-14.100 Custer, James R 4706 Route 13 34.70 Cuyler 31.00-03-19.000 Toombs, Charles E Crains Mills Rd 25.70 Cuyler 31.00-03-20.110 Young, Martin L Route 13 150.91 Cuyler 31.02-02-18.100 Denkenberger, Michael M 4998 Lincklaen Rd 7.37 Cuyler 32.00-01-04.100 Meissner, Marvin A E Keeney Rd Ext 48.60 Cuyler 32.00-01-17.100 Denkenberger, Steven A Lincklaen Rd 89.00 Cuyler 32.00-01-17.200 Denkenberger, Steven A 5215 Lincklaen Rd 1.00 Cuyler 32.00-01-18.100 Isbell, Leon Lincklaen Rd 80.00 Cuyler 32.00-01-18.200 Maarberg, Robert J 5299 Lincklaen Rd 38.83 Cuyler 32.00-03-01.000 Eberly, James Lamar Lincklaen Rd 25.05 Cuyler 32.00-03-03.100 Walker, John 6797 Richmond Hill Rd 71.85 Cuyler 32.00-03-03.200 Walker, John 6759 Richmond Hill Rd 5.15 Cuyler 32.00-03-07.000 Neff, Neta M Richmond Hill Spur Rd 220.00 Cuyler 32.00-03-13.000 Neff, Neta M 5645 Lincklaen Rd 132.40 Cuyler 32.00-03-14.000 Allen, Edith G 5544 Lincklaen Rd 7.10 Cuyler 32.00-03-15.000 Raum, Michael W Lincklaen Rd 123.40 Cuyler 32.00-03-16.000 Park, Jong Arm 5420 Lincklaen Rd 49.84 Cuyler 32.00-03-19.000 Leete, Steve Lincklaen Rd 8.17 Cuyler 32.00-03-23.100 Sigler, Cheryl 5399 Lincklaen Rd 18.85 Cuyler 32.00-03-25.100 VanDee, Betty J Cuyler Hill Rd 42.80 Cuyler 32.00-03-26.111 Minelli, Frank Lincklaen Rd 54.19 Cuyler 32.00-03-26.112 Schlafer, Ned J 5388 Lincklaen Rd 55.00 Cuyler 41.00-01-11.000 Lambert, Howard Pease Hill Rd 85.10 Cuyler 41.00-01-16.000 Smith, Adelbert Lee 4476 Winnie Rd 100.00 Cuyler 41.00-01-18.200 Smith, Adelbert Lee Dog Hollow Rd 117.00 Cuyler 41.00-01-23.000 Lambert, Howard 6173 Pease Hill Rd 66.50 Cuyler 41.00-01-24.000 Lambert, Howard 6059 Pease Hill Rd 101.40 Cuyler 42.00-01-12.120 Angell, Kenneth R Cuyler Hill Rd 44.40 Cuyler 42.00-01-15.000 Angell, Kenneth R Cuyler Hill Rd 98.00 Cuyler 42.00-03-11.000 Hartnett, Dennis P Midlum Rd 97.90 Cuyler 42.00-06-13.000 Randall, Robert Cuyler Hill Rd 102.70 Cuyler 42.00-07-01.000 Majestic Falls, LLC 6203 Cuyler Hill Rd 327.95 Cuyler 42.00-07-11.000 Wiltsey, Dale E Cuyler Hill Rd 43.70 Cuyler 51.00-01-01.000 Spencer, Stephen M Dog Hollow Rd 60.73 ---PAGE BREAK--- Cuyler 51.00-01-02.000 Spencer, Stephen M 5932 Dog Hollow Rd 111.00 Cuyler 51.00-01-03.200 Spencer, Stephen M Dog Hollow Rd 62.00 Cuyler 51.00-01-10.000 Lambert, Howard 6003 Dog Hollow Rd 90.00 Cuyler 52.00-01-07.110 Gibbs, Kathy L 5488 Cuyler Hill Rd 500.90 Cuyler 52.00-02-07.100 Spicer, Jeffrey D 5802 Cuyler Hill Rd 44.20 Cuyler 52.00-03-01.000 Bevans, David 6000 Pease Hill Rd 89.50 Cuyler 52.00-03-06.000 Centeno, Al J 5898 Enzes Rd 148.70 Cuyler 52.00-03-07.000 Migliaccio, Michael Enzes Rd 8.00 Cuyler 52.00-03-09.000 Amorin, Frank E 5947 Enzes Rd 12.00 Cuyler 52.00-03-10.000 Amorin, Frank E Enzes Rd 7.00 Cuyler 52.00-03-14.000 Heinrichs, John Cuyler Hill Rd 11.86 Cuyler 61.00-01-10.110 Benz, Gregory C Cheningo Solon Pond Rd 12.45 Cuyler 61.00-01-11.100 Benz, Gregory C 5021 Cheningo Solon Pond Rd 114.68 Cuyler 61.00-01-13.100 Benz, Gregory C 4787 Cheningo Solon Pond Rd 80.30 Cuyler 61.00-01-14.000 Crandall, Richard 5351 Cheningo Solon Pond Rd 62.31 Cuyler 62.00-01-12.000 Benz, Gregory C 5137 Cheningo Solon Pond Rd 170.00 Freetown 109.00-01-03.000 DePolo, James 3088,3822 Stone Rd 290.15 Freetown 109.00-01-07.000 Boughton, James A 2863,3003 Stone Rd 314.60 Freetown 109.00-01-10.000 Grinnell, Arthur 2853 McGraw Marathon Road 158.80 Freetown 110.00-01-03.000 Louie, Mon H Stramba Rd 19.25 Freetown 110.00-01-08.000 Louie, Mon H 3887 Stramba Rd 100.60 Freetown 110.00-01-09.000 Tillotson, Timothy 4085 Stramba Rd 104.00 Freetown 110.00-01-11.110 Brown, William A 2832 McGraw Marathon Rd 131.40 Freetown 110.00-01-11.200 Brown, Wade Gregory 2854 McGraw Marathon Rd 3.03 Freetown 110.00-02-01.000 Stevens, Harley D 3129,3143 McGraw Marathon Rd 14.85 Freetown 110.00-02-02.000 Jebbett, Larry R 2958 McGraw Marathon Rd 50.40 Freetown 110.00-02-04.000 Corrigan, Denise A 2957-2958 McGraw Marathon Rd 50.00 Freetown 110.00-02-05.000 Sturdevant, Dale A 3101 McGraw Marathon Rd 25.00 Freetown 111.00-01-02.111 Esposito, Dino 3100,3106 Route 41 5.36 Freetown 111.00-01-03.000 Esposito, Dino A Tarbell Rd 73.60 Freetown 111.00-01-06.110 Wright, Kelly S 2976 Route 41 2.00 Freetown 111.00-01-06.120 Horler, April I Route 41 6.59 Freetown 111.00-01-06.200 Wright, Kelly S Route 41 173.40 Freetown 111.00-01-27.212 Wright, Kelly S Williwanna Ave 16.79 ---PAGE BREAK--- Freetown 119.00-01-04.000 Boughton, James A Stone Rd 40.80 Freetown 119.00-01-07.100 Grinnell, Arthur M 3635 Clock Rd 139.25 Freetown 119.00-01-09.000 Stewart, Elisabeth A Sherman 2580 Stone Rd 79.77 Freetown 119.00-01-10.000 Kubicek, Rudolph J 2707 Stone Rd 313.30 Freetown 119.00-01-18.100 Hewes, Donn & Maryrose 3501 Freetown Hoxie Gorge Rd 57.24 Freetown 119.00-01-21.100 Dyer, Robert E 2442 McGraw Marathon Rd 42.70 Freetown 119.00-01-26.000 Boughton, James A Stone Rd 27.20 Freetown 119.00-01-28.000 Coleman, Garrett McGraw Marathon Road 21.03 Freetown 120.00-01-15.200 Walsh, Patrick Center Rd 80.00 Freetown 120.00-01-32.000 Contri, William Freetown Xrd 25.60 Freetown 120.00-01-41.000 Tillotson, Timothy N Stramba Rd 20.00 Freetown 120.00-06-02.100 Munro, James Center Rd 88.60 Freetown 120.00-06-02.200 Slocum, Paul D Center Rd 82.25 Freetown 120.00-06-10.000 Karpenko, Richard W 3775 Sperry Rd 15.06 Freetown 120.00-07-05.000 Cross, Charles S 2587 Center Rd 25.19 Freetown 120.00-07-10.000 Cross, Richard K 2459 Carter Slocum Rd 54.08 Freetown 120.00-07-14.000 Cross, Shelli R 3797 Freetown Xrd 20.00 Freetown 120.00-08-01.000 Port, Richard C Clock Rd 5.37 Freetown 120.00-08-09.000 Israel, Jonathon Sperry Rd 30.33 Freetown 120.00-08-12.000 Giordani, Michael McGraw Marathon Rd 25.06 Freetown 120.00-08-13.000 Giordani, Michael 2548 McGraw Marathon Rd 30.01 Freetown 120.00-08-14.000 Coleman, Garrett N McGraw Marathon Rd 6.06 Freetown 120.00-08-15.000 Coleman, Garrett N Stone Rd 5.57 Freetown 120.00-08-16.000 Coleman, Garrett N Stone Rd 25.37 Freetown 120.00-08-17.000 Coleman, Garrett N McGraw Marathon Rd 11.01 Freetown 120.00-08-18.000 Coleman, Garrett N 2599 McGraw Marathon Rd 20.22 Freetown 120.00-08-20.000 Port, Richard C McGraw Marathon Rd 10.10 Freetown 120.00-08-21.000 Port, Richard C McGraw Marathon Rd 30.03 Freetown 120.00-08-22.000 Port, Richard C 2681 McGraw Marathon Rd 5.11 Freetown 121.00-02-01.000 Fox, Ward Fox Rd 86.10 Freetown 121.00-03-01.200 Lehman, Brian R 4590,4608 Dutch Hill Rd Spur 55.19 Freetown 121.00-04-01.000 Spencer, Stephen M Maricle Rd 45.00 Freetown 121.00-04-02.110 Schmidt, Kurt 4567 Fox Rd 22.50 Freetown 121.00-04-02.120 Schmidt, Kurt T W Fox Rd 2.09 ---PAGE BREAK--- Freetown 121.00-04-04.000 McConnell, Donald H 2625 Maricle Rd 16.40 Freetown 121.00-04-05.000 Oldziejewski, Theodore R 2601 Maricle Rd 21.20 Freetown 121.00-04-10.000 McConnell, Donald Maricle Rd 33.84 Freetown 129.00-01-29.000 Macinnes, Kaye L 2154 McGraw Marathon Rd 91.06 Freetown 130.00-01-01.100 Byler, Allen C 3770 Deneve Rd 104.22 Freetown 130.00-01-03.110 Byler, Ervin H 3833 Freetown Xrd 104.40 Freetown 130.00-01-03.120 Byler, Crist A 3779 Deneve Rd 29.65 Freetown 130.00-01-03.200 Cross, Shelli R 3804 Freetown Xrd 32.46 Freetown 130.00-01-08.000 Ference, Paul J Jr Carter Slocum Rd 5.00 Freetown 130.00-01-10.000 Ference, Paul J Jr 2366 Carter Slocum Rd 199.38 Freetown 130.00-01-11.000 Barber, Amanda 4115 Deneve Rd 194.00 Freetown 130.00-01-14.000 Munro, James Deneve Rd 16.83 Freetown 130.00-01-15.110 Barber, Amanda 2273,4272 E Freetwn Tx Valley Rd 99.47 Freetown 130.00-01-15.120 Clough, 4272 Deneve Rd 86.49 Freetown 130.00-01-15.200 Clough, Fleurette Fox 4267 Deneve Rd 1.21 Freetown 130.00-01-18.100 Munro, James 2166-2167 Carter Slocum Rd 100.31 Freetown 130.00-01-19.111 Munro, James Ferber Rd 112.40 Freetown 130.00-01-19.112 Slocum, Mark A Deneve Rd 28.15 Freetown 130.00-01-19.120 Slocum, John S Deneve Rd 59.16 Freetown 130.00-01-24.000 Barber, Donald E Ingram Rd 25.00 Freetown 130.00-01-30.110 Burford, Roger A 2011 Carter Slocum Rd 55.08 Freetown 130.00-01-43.000 Silvanic, Michael L 1906-1912 McGraw Marathon Rd 560.00 Freetown 130.00-02-01.000 Munro, James Deneve Rd 30.20 Freetown 130.00-02-03.110 Munro, James Carter Slocum Rd 205.40 Freetown 130.00-02-04.000 Shippey, Donald C Carter Slocum Rd 45.52 Freetown 131.00-01-04.100 Nabinger, Edward D 2405 Maricle Rd 187.40 Freetown 131.00-01-11.000 Barber, Donald 2218 E.Freetown Texas Valley Road 46.18 Freetown 131.00-03-08.000 White, Harold M Maricle Rd 97.00 Freetown 131.00-04-01.000 Barber, Donald E. Freetown Texas Valley Road 84.00 Freetown 131.00-04-10.000 Muntean, John G 1965 E.Freetown Tx Valley Rd 59.10 Freetown 131.00-04-13.000 Fox, Mark Ingram Rd 48.10 Freetown 131.00-04-14.000 Fox, Dale Ingram Rd 48.39 Freetown 139.00-02-04.000 Burk, James E Merihew Rd 8.45 Freetown 139.00-02-10.000 Couch, Kimberly Crosby 1669 McGraw Marathon Rd 7.31 ---PAGE BREAK--- Freetown 139.00-02-16.000 Hurlbert, Roydell S Merihew Rd 26.34 Freetown 139.00-02-18.000 Hurlbert, Daron T Merihew Rd 28.93 Freetown 139.00-03-01.000 Burke, LeRoy J Jr Merihew Rd 12.94 Freetown 139.00-03-03.000 Cowden, David W 1725 Merihew Rd 9.59 Freetown 139.00-03-04.110 Merihew, Paul J 1685-1687 Merihew Rd 25.20 Freetown 139.00-03-04.200 Henry, Judith N 1686 Merihew Rd 84.73 Freetown 139.00-03-07.000 Barrows, Roger & Marion 3679 Pine Hill Rd 29.54 Freetown 140.00-01-04.000 Hall, Steven Parker Road 81.00 Freetown 140.00-01-05.000 Mortenson, Janet 1790 Parker Rd 76.25 Freetown 140.00-01-09.120 Cardner, John Carter Slocum Road 109.20 Freetown 140.00-01-11.112 Vinson, Kathleen K Irish Hill Rd 14.30 Freetown 140.00-01-11.120 Vinson, Kathleen K Irish Hill Rd 8.94 Freetown 140.00-01-12.000 Carpe Diem Trust Irish Hill Rd 103.32 Freetown 140.00-01-26.110 Meyer, George H Jr Irish Hill Rd 16.33 Freetown 140.00-01-26.120 Meyer, Orin P 4320 Irish Hill Rd 3.67 Freetown 140.00-01-26.200 Dellow, Stephen 4288 Irish Hill Rd 10.00 Freetown 140.00-02-01.100 Fox, Ward C Ferber Rd 29.33 Freetown 140.00-02-02.000 Novitzki, Greg Parker Rd 16.68 Freetown 140.00-02-03.000 Coblentz, Andrew A 1713 Parker Rd 16.68 Freetown 140.00-02-04.000 Mortenson, Jack Parker Rd 16.68 Freetown 140.00-02-05.000 McMahon, Paul F Parker Rd 14.98 Freetown 140.00-02-06.000 McCracken, Timothy Parker Rd 6.61 Freetown 140.00-02-07.000 McCracken, Timothy Irish Hill Rd 6.09 Freetown 140.00-02-08.000 McCracken, Timothy Irish Hill Rd 6.00 Freetown 140.00-02-09.000 McCracken, Timothy 3941 Irish Hill Rd 20.52 Freetown 140.00-02-10.000 Fox, Robert C Irish Hill Rd 22.15 Freetown 140.00-02-17.000 Fogler, James 3839 Irish Hill Rd 35.10 Freetown 141.00-01-03.000 Harvey, Norman E Freetwn Tx Valley Rd 70.80 Freetown 141.00-01-09.000 Harvey, Norman 1643 E Freetwn Tx Valley Rd 124.00 Freetown 141.00-01-10.000 Pendell Trust Phalen Rd 50.00 Freetown 141.00-01-12.000 Harvey, Norman 1637 E Freetwn Tx Valley Rd 38.00 Freetown 141.00-01-17.100 Harvey, Norman Gee Brook Rd 92.20 Freetown 141.00-01-19.000 Cardner, John Phalen Road 111.60 Harford 144.00-01-01.000 Sega, Joseph H Virgil Creek Rd 18.40 ---PAGE BREAK--- Harford 144.00-01-04.100 Palmer, John E Virgil Creek Rd 58.90 Harford 144.00-01-05.000 Sega Family Real Estate Trust Virgil Creek Rd 64.40 Harford 144.00-01-27.000 Mullen, Gary L Owego Hill Rd 24.25 Harford 144.00-02-06.200 Mullen, Gary Owego Hill Rd 54.70 Harford 144.00-04-05.111 Palmer, John E 650 Virgil Creek Rd 3.30 Harford 144.00-04-05.200 Richards, James R 616 Virgil Creek Rd 9.02 Harford 144.00-04-06.000 Patten, Valerie H 650 Virgil Creek Rd 10.67 Harford 144.00-04-08.000 Saltland Farm LLC Daisy Hollow Rd 100.00 Harford 145.00-01-07.000 Shipman, Michael L Owego Hill Rd 8.82 Harford 145.00-01-16.000 Tillotson, Ward Jr Kells Rd 60.00 Harford 145.00-01-29.000 Tillotson, Richard G 1176 Babcock Hollow Rd 196.87 Harford 145.00-01-30.000 Tillotson, Richard G 1153 Babcock Hollow Rd 8.00 Harford 145.00-01-31.000 Tillotson, Richard G Babcock Hollow Rd 25.00 Harford 146.00-01-01.000 Tillotson, Richard G Scutt Hill Rd 126.00 Harford 146.00-01-02.000 Fritts, Richard M Scutt Hill Rd 60.50 Harford 153.00-01-06.110 Shipman, Michael L 1024 Adams Rd 133.45 Harford 153.00-01-07.112 Klein, David A 866 Adams Rd 7.04 Harford 153.00-01-29.000 State University of NY Willow Crossing Rd 158.63 Harford 153.00-01-34.000 State University of NY Willow Crossing Rd 68.80 Harford 153.00-01-35.000 State University of NY Willow Crossing Rd 28.65 Harford 153.00-01-36.000 State University of NY Willow Crossing Rd 8.28 Harford 153.00-01-37.000 State University of NY 681 Willow Crossing Rd 90.80 Harford 153.00-01-38.000 State University of NY 590 Daisy Hollow Rd 62.11 Harford 153.00-01-39.000 State University of NY Route 38 84.42 Harford 153.00-01-41.000 State University of NY Cornell Ln 15.61 Harford 153.00-01-42.000 State University of NY 565 Daisy Hollow Rd 102.92 Harford 153.00-01-43.000 State University of NY 644 Daisy Hollow Rd 383.14 Harford 154.00-01-02.000 Kimmich, Leonard 774 Owego Hill Rd 89.60 Harford 154.00-01-07.000 Marsh, Benjamin F 1070 Hilsinger Rd 70.00 Harford 154.00-01-08.100 Tillotson, Ward H 927 Babcock Hollow Rd 95.89 Harford 154.00-01-09.000 Tillotson, Ward H Jr Babcock Hollow Rd 79.25 Harford 154.00-01-14.000 Marsh, John L Route 221 50.00 Harford 154.00-01-17.000 Cornell, Ronald H 670 Liddington Hill Rd 152.30 Harford 154.00-01-19.000 Gleason, Otis L 548 Liddington Hill Rd 131.00 ---PAGE BREAK--- Harford 154.00-01-24.112 Hawks, Nancy L 1366 Route 221 18.40 Harford 154.00-01-27.111 Kimmich, Leonard Babcock Hollow Rd 27.86 Harford 154.00-01-27.112 Alsberge, Mark S 1413,1419 Route 221 122.33 Harford 154.00-01-28.000 Marsh, David L 1493 Route 221 80.00 Harford 154.00-01-29.100 VanDeWeert, Joseph W 1559 Route 221 116.00 Harford 154.00-01-30.120 VanDeWeert, Joseph W 1540 Route 221 4.72 Harford 154.00-01-30.200 Brown, Kim M Route 221 90.00 Harford 155.00-01-03.000 Fritts Richard Route 221 25.80 Harford 155.00-01-04.110 Brown, Adrian Route 221 3.80 Harford 155.00-01-04.121 Brown, Kim Route 221 33.20 Harford 155.00-01-04.210 Brown, Kim M Route 221 109.00 Harford 155.00-01-06.121 Stiehl, Lou Anne L 1695 Route 221 8.09 Harford 155.00-01-06.122 Urban, Rick A Flint Rd 65.22 Harford 155.00-01-06.200 Barned, Jon W 1724 Route 221 18.00 Harford 155.00-01-07.000 Morse, Mary P 1656 Route 221 44.70 Harford 162.00-01-09.000 Adams, Howard E Jr 777 Route 221 54.42 Harford 162.00-01-46.000 Torrey, Monroe 141 Lacey Rd 52.10 Harford 162.00-01-49.000 State University of NY Route 38 32.36 Harford 162.00-01-50.000 State University of NY 558 Route 38 17.58 Harford 162.00-01-51.000 State University of NY Route 38 44.34 Harford 162.00-01-52.000 State University of NY Slaterville Rd 26.96 Harford 162.00-01-53.000 State University of NY Route 38 27.00 Harford 162.00-01-58.000 State University of NY Route 38 52.25 Harford 162.00-01-60.000 State University of NY Daisy Hollow Rd 77.67 Harford 162.00-01-61.000 State University of NY Route 38 41.45 Harford 162.00-01-63.000 State University of NY 410 Slaterville Rd 167.20 Harford 162.00-01-64.000 State University of NY 516 Slaterville Rd 87.18 Harford 162.00-01-65.000 State University of NY Seamons Rd 174.29 Harford 162.00-02-33.121 Crispell, Maria 369 Route 38 58.80 Harford 162.00-02-33.122 Schwaninger, Heidi R 210 Creamery Rd 32.43 Harford 162.00-03-01.000 Kimmich, Leonard J Route 38 80.30 Harford 162.00-06-01.000 Country Meadows MHC LLC 786 Route 221 18.94 Harford 162.00-06-19.000 Orischak, Joseph 492 Owego Hill Rd 31.17 Harford 162.00-07-04.000 Knuppenburg, Leland F III 461 Route 38 29.85 ---PAGE BREAK--- Harford 162.00-07-05.000 State University of NY Route 38 19.57 Harford 162.00-07-06.000-1 State University of NY 331 Route 38 79.51 Harford 162.00-07-09.000 State University of NY Seamons Rd 96.07 Harford 162.00-07-10.000 State University of NY Creamery Rd 6.62 Harford 163.00-01-32.200 Kimmich, Aaron L Route 221 116.40 Harford 163.00-01-38.112 EnterpriseTEProductsPipeline 164 Route 200 56.75 Harford 163.00-01-44.100 Kimmich, Leonard Route 200 104.40 Harford 163.00-04-02.000 Stanley, Mary 548 Liddington Hill Rd 25.00 Harford 163.00-05-01.000 Proctor, Richard J 971 Route 221 38.61 Harford 163.00-05-05.000 Negus, Russell L 1063 Route 221 37.30 Harford 163.00-05-06.000 Negus, Russell L Liddington Hill Rd 15.70 Harford 163.00-05-11.000 EnterpriseTEProductsPipeline Route 221 40.86 Harford 163.00-05-14.000 TE Products Pipeline Co LP Route 38 58.40 Harford 163.00-05-15.000 Kimmich, Leonard J Route 221 43.80 Harford 163.00-05-16.000 EnterpriseTEProductsPipeline Route 221 27.97 Harford 163.00-05-17.000 Rockwell, Jeanette Havington- 958 Route 221 46.37 Harford 164.00-01-02.000 Morse, Lorann Route 221 15.90 Harford 172.00-01-10.110 VanDeWeert, Garret 108 Route 200 37.50 Harford 172.00-01-11.120 Canfield, David C 79 Michigan Hill Rd 14.02 Homer 37.00-02-05.000 Riehlman, Douglas Maxson Road 38.40 Homer 37.00-02-07.110 Riehlman, David Route 11 16.40 Homer 37.00-02-07.120 New Hope View Farm, LLC Route 11 2.60 Homer 37.17-01-25.000 Underwood, Linda Route 281 5.65 Homer 38.00-01-01.120 Smith, Marlene E Homer Baltimore Rd 76.99 Homer 38.00-01-02.000 Brooks, Clinton 6150 E. Homer Baltimore Road 0.90 Homer 38.00-01-03.000 Brooks, Richard A 6045 E Homer Baltimore Rd 429.60 Homer 38.00-01-04.000 Gilbert, David M Dillon Rd 165.80 Homer 38.00-01-06.100 Dawson, Gary Dawson Rd 30.10 Homer 38.00-01-06.200 Dawson, Terry L 6169 Dawson Rd 7.88 Homer 38.00-01-07.100 Dawson, Carlton Dawson Rd 74.25 Homer 38.00-01-07.210 Dawson, Gary Dawson Rd 27.10 Homer 38.00-01-12.100 Dawson, Carlton 6015 Dawson Rd 105.60 Homer 44.00-01-02.000 Fisher, Michael Houghton Hill Rd 35.20 Homer 44.00-01-03.111 Lener, Jeffrey G 87 Houghton Hill Rd 20.99 ---PAGE BREAK--- Homer 44.00-01-03.112 Vidulich, Robert P Houghton Hill Rd 15.74 Homer 44.00-01-03.200 Vidulich, Robert P 119 Houghton Hill Rd 26.09 Homer 44.00-01-04.000 Potter, Dean L Houghton Hill Rd 50.00 Homer 44.00-01-05.000 Potter, Dean L 196 Houghton Hill Rd 319.33 Homer 45.00-01-05.000 Butts, Stephen Route 41 40.00 Homer 45.00-01-11.000 VanSant, Grant 825 Baldwin Rd 283.00 Homer 45.00-01-12.000 Butts, Stephen 5854 Route 41 300.70 Homer 45.00-01-13.100 Andersen, Arthur James 5852,5854 W Scott Rd 124.66 Homer 45.00-01-14.000 Farber, Rollyn 331,582 Houghton Hill Rd 434.73 Homer 45.00-01-15.100 Perry, David L 567 Houghton Hill Rd 228.30 Homer 45.00-01-15.200 Potter, Dean L Houghton Hill Rd 63.40 Homer 45.00-01-23.200 Butts, Stephen W Scott Rd 104.20 Homer 45.00-01-24.100 Rigg, Eleonore W Route 41 43.00 Homer 45.00-01-27.000 Wright, Eugene E Brake Hill Rd 32.00 Homer 45.00-02-01.000 Shanahan, William A III Grange Rd 3.72 Homer 45.00-02-05.000 Heath, Lewis W Grange Rd 33.16 Homer 45.00-02-06.000 Fairchild, Kim E 824 Grange Rd 19.53 Homer 45.00-03-01.000 Foster, James D 6041 W Scott Rd 71.20 Homer 45.00-03-02.000 Wallace, Brian T 6007 W Scott Rd 25.00 Homer 45.00-03-03.000 McMahon, Michael P W Scott Rd 39.00 Homer 45.00-03-04.000 McMahon, Michael P Route 41 24.10 Homer 45.00-03-05.000 Russell, Dena D 5998 Route 41 39.00 Homer 45.00-03-09.000 Hinkle, 5945 W Scott Rd 12.29 Homer 45.00-03-11.000 McMahon, Michael 5930 W Scott Rd 188.95 Homer 45.00-03-12.100 Perry, Robert L Route 41 32.30 Homer 45.00-03-12.200 Russell, Dena Route 41 0.00 Homer 45.00-03-13.000 Durecka, Wayne J 5954 Route 41 14.66 Homer 45.00-03-15.100 Butts, Stephen D Route 41 19.18 Homer 45.00-03-16.000 Butts, Stephen 5908 Route 41 30.39 Homer 46.00-01-01.000 Farber, Catherine S 5960,5964 Brake Hill Rd 205.14 Homer 46.00-01-13.100 Simon, Lawrence 5845 Route 281 27.40 Homer 46.00-01-13.200 Westan Realty, LLC Route 281 30.00 Homer 46.00-01-21.000 Slade's Peaceful Vly Realty LL Cold Brook Rd 65.60 Homer 46.00-01-22.100 Simon, Lawrence Ayers Rd 94.44 ---PAGE BREAK--- Homer 46.00-01-24.000 Farber, David Rice Rd 145.55 Homer 46.00-01-25.000 Avery, Katherine R Rice Rd 12.70 Homer 46.00-01-26.000 Tinker, Melvin Brake Hill Rd 21.70 Homer 46.00-01-27.110 Shanahan, Michael J Brake Hill Rd 50.23 Homer 46.00-01-27.120 Shanahan, William A III Brake Hill Rd 50.23 Homer 46.00-01-27.200 Parmiter, David 5858 Brake Hill Rd 44.00 Homer 46.00-01-29.100 Dukelow Family Trust Rice Rd 129.58 Homer 46.00-01-31.200 Westan Realty, LLC Route 281 213.20 Homer 46.00-01-35.000 Slade's Peaceful Vly Realty LL 5696 Route 281 348.80 Homer 46.00-01-37.000 Hiemstra, Sidney 5672 Rice Rd 158.00 Homer 46.00-01-38.000 Slade's Peaceful Vly Realty LL 5605 Route 281 124.12 Homer 46.00-02-03.100 Bush, Michael 5948 Cold Brook Rd 75.70 Homer 46.00-07-01.000 Morgan, Louis Cold Brook Rd 38.60 Homer 46.00-07-02.000 Underwood, William T Route 281 82.24 Homer 46.00-07-03.000 Underwood, William T Route 281 41.70 Homer 46.00-07-05.000 Sanborn, Lorie Route 281 40.00 Homer 46.00-07-05.000 Anderson, John Route 281 40.00 Homer 46.00-07-07.000 Bill and Jan LLC Route 281 5.01 Homer 46.00-07-10.000 Anderson, John R Cold Brook Rd 48.60 Homer 47.00-01-07.100 Boyden, Erwin H Maxson Rd 85.00 Homer 47.00-01-07.200 Boyden, Ronald W Maxson Rd 109.00 Homer 47.00-01-08.110 O'Neill, Jerry B 5896 Maxson Rd 149.20 Homer 47.00-01-08.120 Currier-Dix, Jamie Lee Maxson Rd 147.90 Homer 47.00-01-09.100 New Hope View Farm, LLC 6134 Maxson Rd 84.00 Homer 47.00-01-09.200 New Hope View Farm, LLC 5911 Maxson Rd 2.55 Homer 47.00-01-21.000 Head, Sarah 5814 Route 11 3.39 Homer 47.00-01-22.000 Neumandale Trust 5839 Route 11 88.70 Homer 47.00-01-23.212 Equity Trust Co Route 11 123.60 Homer 47.00-01-23.220 Equity Trust Co Route 11 2.00 Homer 47.00-01-26.000 Dafoe, John T Maxson Rd 219.30 Homer 47.00-01-27.000 Little York Farms LLC Vern King Rd 70.00 Homer 47.00-01-29.000 Foster, Gwendolyn 5716 Route 11 17.30 Homer 47.00-01-34.000 Tracy, Carol 5702 Route 11 4.55 Homer 47.00-02-01.120-1 New Hope View Farm, LLC 5937 Route 11 116.60 ---PAGE BREAK--- Homer 47.00-02-01.200 Niswender Enterprises LLC Route 81 6.56 Homer 47.00-02-03.110 Metzger, Elizabeth A 5972 Route 11 60.72 Homer 47.00-02-04.000 Metzger, Elizabeth A Maxson Rd 30.22 Homer 47.00-02-05.000 Riehlman, David E Maxson Rd 22.00 Homer 47.00-02-09.000 Head, Caroline 5932 Route 11 0.32 Homer 47.00-02-14.000 New Hope View Farm, LLC 5871 Route 11 0.39 Homer 47.00-03-02.000 Jones, Lawrence R 5668 Route 11 421.60 Homer 47.00-03-07.000 Hudson, Kathleen A 5613 Route 11 2.16 Homer 47.05-01-19.100 Dafoe, John T Little York Xing 30.00 Homer 47.05-01-22.110 New Hope View Farm, LLC 1794 Little York Xing 1.17 Homer 47.05-01-29.110 Haskell, George Little York Xing 26.79 Homer 47.09-01-06.000 Anderson, John Route 281 3.00 Homer 47.09-02-01.000 VanPatten, Bruce H Little York Xing 15.80 Homer 48.00-01-08.000 Young, Diane E 5850 Dillon Rd 50.00 Homer 48.00-01-09.000 Dawson, Gary 6022 Dawson Rd 90.64 Homer 48.00-01-11.000 Dawson, Carlton Haights Gulf Rd 47.30 Homer 48.00-01-14.000 Heath, James & Dawn H 5820 Haights Gulf Rd 53.50 Homer 48.00-01-20.100 Young, Gerald O Moore Rd 167.52 Homer 48.00-01-36.000 Sprouse, Brenda 5650 Moore Rd 172.00 Homer 48.00-01-38.000 Stevens, Jesse Haights Gulf Rd 65.56 Homer 48.00-02-05.200 Dafoe, John T E Homer Baltimore Rd 33.00 Homer 48.00-03-01.000 Brooks, Clinton S E Homer Baltimore Rd 94.80 Homer 48.00-03-02.000 Boyden, Ronald W E Homer Baltimore Rd 3.14 Homer 48.00-03-04.000 Boyden, Ronald W 5839 E Homer Baltimore Rd 2.33 Homer 48.00-03-05.000 Brooks, Richard A E Homer Baltimore Rd 1.30 Homer 48.00-03-06.000 Boyden, Erwin & Denise I 5753 E Homer Baltimore Rd 5.00 Homer 48.00-03-07.000 Boyden, Erwin & Denise E Homer Baltimore Rd 9.89 Homer 48.00-04-01.000 Boyden, Karl E E Homer Baltimore Rd 109.60 Homer 48.00-04-09.000 Casey, John A 5852 Mead Rd 25.00 Homer 48.00-05-02.000 Mead, Herbert 5660 Mead Rd 124.69 Homer 48.00-05-04.000 Young, Geraldine F 5764 Dillon Rd 107.14 Homer 48.00-05-05.000 Mead, Robert L Dillon Rd 65.00 Homer 48.00-05-06.000 Young, Brian D Dillon Rd 16.33 Homer 48.00-05-11.000 Leyden, Donna Marie Dillon Rd 35.07 ---PAGE BREAK--- Homer 48.00-05-12.000 Donovan, William 5779, 5793 Dillon Rd 36.61 Homer 48.00-05-13.000 Spruce Eden Realty LLC 5802 Dillon Rd 149.60 Homer 54.00-01-11.000 Chace, Thomas R Harrison Rd 200.10 Homer 54.00-01-12.000 Whitney, Eric Foster Moore Rd 32.81 Homer 55.00-01-05.000 Clark, Kenneth E 707,714 Houghton Hill Rd 335.29 Homer 55.00-01-06.100 Perry, David Route 41A 63.11 Homer 55.00-01-08.100 Perry, Robert 5539,5557 Route 41 111.84 Homer 55.00-01-09.000 Perry, Jeffery A 5531 Route 41 1.41 Homer 55.00-01-10.000 Butts, Chad S 5560 Route 41 164.50 Homer 55.00-01-16.100 Butts, Chad S 5459 Route 41 100.30 Homer 55.00-01-17.000 Perry, David L 5507 Route 41 96.70 Homer 55.00-01-22.000 Deangles, Frank J 383 Foster Moore Rd 92.18 Homer 55.00-01-25.111 Martinez, Patricia 5148 Foster Rd 86.00 Homer 55.00-01-25.112 Settineri, Marc Foster Road 3.00 Homer 55.00-01-67.100 Jones, Theresa Route 41 87.00 Homer 55.00-03-01.000 Malchak, Stephen A Route 41 164.95 Homer 55.00-04-01.000 Triolo, Steven J Foster Moore Rd 20.24 Homer 55.00-04-02.000 Triolo, Steven J 427 Foster Moore Rd 10.09 Homer 55.00-04-03.000 Picone, Antoinette Foster Moore Rd 10.00 Homer 55.00-04-04.000 Catto Brothers Corp 455 Foster Moore Rd 108.36 Homer 55.00-04-05.000 Coleman, Charles L Jr 511 Foster Moore Rd 21.07 Homer 55.00-04-06.000 Warren, Anne C 5193,5213 Foster Rd 41.19 Homer 56.00-01-01.111 Dukelow Family Trust 5515 Brake Hill Rd 215.00 Homer 56.00-01-01.112 Dukelow Family Trust Brake Hill Rd 5.00 Homer 56.00-01-01.120 Moheimani, Christopher 5407 Brake Hill Rd 10.46 Homer 56.00-01-04.000 Slade's Peaceful Vly Realty LL Route 281 4.20 Homer 56.00-01-13.000 Slade's Peaceful Vly Realty LL Route 281 20.00 Homer 56.00-01-14.000 Slade's Peaceful Vly Realty LL Route 281 25.50 Homer 56.00-01-16.100 Phillips, Robert Route 281 15.35 Homer 56.00-01-19.000 Phillips, Robert H 5404 Route 281 189.20 Homer 56.00-01-29.100 Root, Donald B Route 41 13.08 Homer 56.00-01-30.111 McMahon, Michael 5283 Route 41 220.00 Homer 56.00-01-30.112 McMahon, Michael Route 41 37.21 Homer 56.00-01-40.111 Holl, Robert F 5192 Brake Hill Rd 80.60 ---PAGE BREAK--- Homer 56.00-01-48.100 Tinker, Melvin 5342 Brake Hill Rd 61.00 Homer 56.00-01-48.200 Wright, Eugene E 5400 Brake Hill Rd 8.05 Homer 56.00-01-55.000 Weddle, Jean F 5165 Route 281 221.70 Homer 56.00-02-08.110 Tinker, Melvin Brake Hill Rd 9.82 Homer 56.00-04-01.000 Westan Realty, LLC Route 281 126.00 Homer 56.00-04-04.000 Benson, Lee 5324 Route 281 28.33 Homer 56.00-04-05.000 Phillips, Robert H Route 281 3.53 Homer 57.00-01-16.110 Davis, Marjorie B 5563 Route 11 32.84 Homer 57.00-01-16.120 VanDusen, Richard Jr 5542 Route 11 257.70 Homer 57.00-01-19.000 Johnson, Pamela Forbes Rd 85.80 Homer 57.00-01-20.000 Mydlenski, Stanley E Searls Rd 35.10 Homer 57.00-01-21.000 Henry, Christopher 2238 Sessions Hill Rd 60.20 Homer 57.00-01-23.110 Bean, Steven Chapman Rd 28.50 Homer 57.00-01-23.120 Dafoe Steven Chapman Rd 97.10 Homer 57.00-01-23.200 Vandenburg Jr., Jerry Chapman Rd 43.83 Homer 57.00-01-28.100 Forbes, Frederick J Sr Corl Hill Rd 357.00 Homer 57.00-01-32.111 Chase, Robert H 5352,5356 Route 11 101.50 Homer 57.00-01-53.000 Forbes, Frederick J Sr Forbes Rd 20.10 Homer 57.00-01-56.000 Frost, Earl F Searls Rd 45.80 Homer 57.00-01-57.200 Vandenburg Jr., Jerry C 5208, 5248 Chapman Rd 38.90 Homer 57.00-01-60.000 Vandenburg Jr., Jerry C Chapman Rd 1.20 Homer 57.00-03-10.000 Petit, Richard D Searls Rd 81.54 Homer 58.00-01-01.120 Gilbert, David M E Homer Baltimore Rd 10.35 Homer 58.00-01-01.200 Gilbert, David M E Homer Baltimore Rd 15.99 Homer 58.00-01-02.000 Smith, Marlene R 5579 Mead Rd 50.00 Homer 58.00-01-10.000 Young, Carleton L Youngs Xing 0.00 Homer 58.00-01-11.000 Stevens, Jesse R Sr 2973 Route 13 113.43 Homer 58.00-01-12.100 Poole, Kenneth J Route 13 73.00 Homer 58.00-01-18.000 Spruce Eden Realty LLC 2733,2745 Route 13 138.20 Homer 58.00-01-20.100 Young, Geraldine F 2693 Route 13 121.40 Homer 58.00-01-29.111 Beard, John Chapman Rd 58.84 Homer 58.00-01-29.112 Seales, Edward Chapman Rd 35.00 Homer 58.00-01-31.100 Beard, Edwin E Chapman Rd 127.86 Homer 58.00-01-35.000 Vandenburg, Jerry Route 13 48.90 ---PAGE BREAK--- Homer 58.00-01-38.000 Vandenburg, Helen F 2494 Route 13 67.86 Homer 58.00-01-49.110 Beard, Elizabeth E River Rd 66.90 Homer 58.00-01-53.000 Beard, Elizabeth 3036 E River Rd 150.30 Homer 58.00-01-54.100 Rainbow, Avalena M 3037 E River Rd 12.80 Homer 58.00-01-54.200 Moore, Richard 3038 E River Rd 25.02 Homer 58.00-02-11.110 Beard, Edwin E 2628 E River Rd 158.20 Homer 58.00-03-01.000 Stevens, Jesse R Sr Youngs Xing 10.00 Homer 58.00-03-02.000 Young, Carleton L Town Line Rd 4.10 Homer 58.00-03-04.000 Quinlan, Vincent J Town Line Rd 14.56 Homer 58.00-03-06.112 Young, Carleton East River Road 5.06 Homer 58.00-04-01.000 Henry, Christopher Route 13 20.50 Homer 58.00-04-02.000 Henry, Christopher 2789 Route 13 2.40 Homer 58.00-04-05.111 Poole, Kenneth J 2841,2856 Route 13 164.10 Homer 58.00-04-06.000 Henry, Christopher Route 13 23.80 Homer 58.00-05-01.000 Joyner, Michael E 5239 Town Line Rd 136.90 Homer 58.00-06-02.000 Gilbert, David M 2623 Route 13 3.13 Homer 58.00-06-04.000 Gilbert, David M Route 13 191.80 Homer 58.00-06-05.000 Vandenburg, J C Route 13 14.00 Homer 64.00-03-01.000 Edgar, Richard M Jr Creech Rd 48.10 Homer 64.00-03-10.000 Yarnell, Paul L Creech Rd 50.12 Homer 64.00-03-13.000 Darling, Lynn F 255 Route 90 117.20 Homer 65.00-01-04.100 Wright, Mariba 439 Route 90 101.80 Homer 65.00-01-04.200 New Hope View LLC Route 90 103.45 Homer 65.00-01-23.100 Wright, Mariba Route 90 24.00 Homer 65.00-01-34.100 Albro, Jeremy 476 Route 90 48.96 Homer 65.00-01-34.210 New Hope View Farm LLC Route 90 56.47 Homer 65.00-04-04.000 Osborne, Richard H Jr 4910 Lookout Dr 8.19 Homer 65.00-04-05.000 Cole, Eric 4878 Foster Rd 7.17 Homer 65.00-04-11.000 Lansdowne, Loren Jr 4852 Lopez Dr 9.88 Homer 65.00-04-13.000 Litzen, John D Jr 4899 Foster Rd 9.07 Homer 65.00-04-14.000 Dentes, Matthew J 4881 Lopez Dr 8.37 Homer 65.00-04-16.000 Beekman, Kenneth C Route 90 34.73 Homer 65.00-04-19.000 Warren, Barry E Foster Rd 14.80 Homer 65.00-05-10.000 New Hope View Farm LLC Route 90 24.40 ---PAGE BREAK--- Homer 65.00-07-03.000 New Hope View Farm LLC 358 Route 90 230.40 Homer 65.00-07-04.000 New Hope View Farm LLC 338 Route 90 2.15 Homer 65.00-08-01.000 Tarasevich, Nikolay 5130 Foster Rd 17.70 Homer 65.00-08-02.000 Fitzpatrick, Patrick S 5116 Foster Rd 23.60 Homer 65.00-08-03.000 Kurt J 5092 Foster Rd 18.07 Homer 65.00-08-05.000 New Hope View Farm LLC Foster Rd 68.80 Homer 65.00-08-06.000 Settineri, Marc H Foster Rd 102.14 Homer 65.00-08-07.000 Miller, David L 4980 Foster Rd 18.51 Homer 65.00-08-08.100 Sciera, Gregory A 4856 Tamarack Ln 71.82 Homer 65.00-08-08.200 Settineri, Marc H Tamarak Ln 68.05 Homer 65.00-08-09.000 Settineri, Marc H 4860 Tamarack Ln 14.63 Homer 65.00-08-12.000 Sciera, Tamara D Tamarack Ln 8.19 Homer 66.00-02-16.100 Willsey, Timothy 1040 Marion Dr 18.47 Homer 66.00-02-16.200 Willsey, Timothy Creal Rd 1.64 Homer 66.00-03-08.112 Crandall, Julie M 1217 Route 90 16.65 Homer 66.00-04-05.000 Hartquist, Gary P 1153 Wolf Rd 7.27 Homer 66.00-05-01.000 McMahon, Michael 5005 Creal Rd 3.43 Homer 66.00-05-06.110 Milton, Carol A 4963 Creal Rd 17.55 Homer 66.00-05-06.120 McMahon, Michael 4963 Creal Road 11.00 Homer 66.00-05-06.200 McMahon, Michael P Creal Hill Rd 6.53 Homer 66.00-05-17.211 McMahon, Michael P 4935 Creal Rd 480.40 Homer 66.00-05-17.220 McMahon, Kevin J 1047 Route 90 38.88 Homer 66.00-06-01.000 Westan Realty, LLC Route 281 66.30 Homer 66.00-06-07.000 Smith, Victor M Route 11 10.90 Homer 66.00-06-09.000 Fitts, James E Hooker Ave 10.00 Homer 66.00-07-04.000 McMahon, Kevin J Route 90 12.16 Homer 66.00-07-08.110 Rood, Rachel P 1083 Wolf Rd 30.68 Homer 66.00-08-03.000 McMahon, Michael Bishop Rd 4.94 Homer 66.00-08-07.000 McMahon, Michael Route 41 22.60 Homer 66.00-08-12.000 McMahon, Michael Route 41 35.00 Homer 66.00-08-13.000 Quinlan, Daniel M 5048 Route 41 29.94 Homer 66.00-08-16.000 Quinlan, Thomas M Route 41 17.60 Homer 67.00-01-01.000 Smith, Melvin 5011 McDonald Rd 113.50 Homer 67.00-01-35.100-1 Smith, Melvin 4866 McDonald Rd 160.20 ---PAGE BREAK--- Homer 67.00-04-01.100 Douglass, Steven V Searls Rd 37.80 Homer 67.00-04-07.100 Forbes, Frederick Route 13 6.52 Homer 67.00-04-15.000 Spruce Eden Realty, LLC Route 13 65.00 Homer 67.00-08-09.100 Forbes, Jim 2060 Route 13 164.10 Homer 67.00-08-09.200 Shilliff, Todd N Maxfield Rd 25.25 Homer 67.00-08-09.200 Forbes, Frederick Maxfield Road 25.25 Homer 67.00-08-25.000 LaPlante, Maurice J 1925 Route 13 194.60 Homer 67.00-09-02.000 Caruso, Anthony P Corl Hill Rd 28.46 Homer 67.00-09-03.110 Forbes, Frederick J Sr Maxfield Rd 85.47 Homer 67.00-09-04.000 Manns, Patrick 2081 Maxfield Rd 41.94 Homer 67.00-09-06.000 Domineske, Andrew Maxfield Rd 7.10 Homer 67.00-09-07.000 Stoll, Christopher V 2049 Maxfield Rd 7.24 Homer 67.00-09-11.000 Robbins, Kevin 2048 Maxfield Rd 9.57 Homer 67.00-09-12.000 Pelton, Clifford J 2042 Maxfield Rd 14.24 Homer 67.00-10-01.000 Spruce Eden Realty LLC O'Shea Rd 125.80 Homer 67.00-11-07.000 Scheffler, Kathleen M 2205 E River Rd 23.82 Homer 67.00-12-09.000 Spruce Eden Realty, LLC E River Rd 86.00 Homer 67.00-12-12.000 Stearns, Neal 2323 Parks Rd 12.06 Homer 67.00-13-06.000 Forbes, Frederick J Sr 2207, 2271 Route 13 266.60 Homer 67.00-13-14.000 Forbes, Frederick 4979 E River Crossing 2.00 Homer 68.00-01-33.100 Miller, Dean G 2596 E River Rd 270.50 Homer 68.00-01-37.000 Young, Peter F Shippey Rd 107.60 Homer 68.00-01-38.100 Beard, Elizabeth G Shippey Rd 76.90 Homer 68.00-01-39.000 McCall, Thomas R 5035 Town Line Rd 80.79 Homer 68.00-01-41.000 Miller, Dean G Parks Rd 100.00 Homer 68.00-01-51.111 Atkinson, Harold A 2441 Parks Rd 182.10 Homer 68.00-01-51.112 Natale, Franklin D 2430 E River Rd 5.90 Homer 68.00-01-63.000 Coleman, Michael J 4681 McGraw N Rd 8.77 Homer 68.00-03-05.000 Frost, Earl F Route 13 23.50 Homer 68.00-03-06.000 Stevens, Sr., Jesse E. River Road 55.10 Homer 68.00-03-11.000 Stevens, Sr., Jesse E. River Road 54.34 Homer 68.00-03-22.100 Spruce Eden Realty, LLC 2330 Route 13 84.50 Homer 75.00-03-08.000 Jebbett, Jeffrey Kinney Gulf Road 26.80 Homer 75.00-03-09.000 Jebbett, Jeffrey Bond Rd 123.92 ---PAGE BREAK--- Homer 75.00-03-14.000 St John, Gary O 4611 Sweeney Rd 97.54 Homer 75.00-03-18.000 Sweeney, Patrick C 4550 Sweeney Rd 40.90 Homer 75.00-03-20.000 Sweeney, Robert Sweeney Rd 156.30 Homer 77.00-01-10.121 Locke, Donna 4624 McDonald Rd 189.97 Homer 77.00-04-08.200 Barbieri, Frank Carroway Hill Rd 7.71 Homer 77.00-04-09.000 Stafford, Douglas McDonald Rd 13.07 Homer 77.00-04-12.200 Richards, Nancy A Albany St Ext 12.80 Homer 77.00-04-15.000 Brazo, William M 1603 Albany St Ext 8.91 Homer (Village) 66.42-01-32.110 Fitts, James E 8 Hooker Ave 4.50 Homer (Village) 76.31-01-01.000 Renner Trust, Robert R Wolf Rd 82.33 Homer (Village) 76.32-01-01.110 Renner Trust, Robert R S West St 2.23 Homer (Village) 76.32-01-05.000 Renner Trust, Robert R S West St 1.01 Homer (Village) 76.32-01-06.000 Renner Trust, Robert R S West St 19.60 Homer (Village) 76.35-01-01.000 Westan Realty, LLC Albany St 20.90 Lapeer 147.00-01-22.000 Pitman, Ralph K 1269 Parker St 20.00 Lapeer 147.00-01-23.000 Hauptman, Alan R Valentine Hill Rd 105.34 Lapeer 147.00-01-31.000 Klim, David A Valentine Hill Rd 4.41 Lapeer 147.00-01-33.100 Klim, David A 1081 Parker St 159.98 Lapeer 147.00-02-03.000 Parker, Julie L 1188 Parker St 67.40 Lapeer 147.00-02-04.000 Klim, David A 1240 Parker St 52.25 Lapeer 147.00-03-10.120 Parker, Jeffery D Muckey Rd 51.53 Lapeer 147.00-03-10.200 Klim, David A Muckey Rd 49.99 Lapeer 147.00-04-08.000 Pitman, Ralph K Parker St 28.21 Lapeer 147.00-04-10.100 Walter, George 1358 Parker St 8.38 Lapeer 147.00-04-13.000 Pitman, Ralph K Parker St 6.01 Lapeer 147.00-04-14.000 Pitman, John M Parker St 23.24 Lapeer 147.00-05-22.000 Drake, Richard D Jr 1310 Muckey Rd 2.01 Lapeer 147.00-05-23.000 Drake, Richard D 1271 Muckey Rd 295.90 Lapeer 147.00-05-28.000 Pitman, John M Muckey Rd 114.77 Lapeer 147.00-05-29.000 Pitman, Ralph K Muckey Rd 30.00 Lapeer 147.00-05-30.000 Pitman, Ralph K Parker St 76.00 Lapeer 148.00-01-01.000 Hoyt, Gary C Route 11 89.40 Lapeer 148.00-01-05.000 McEvoy, Charles E Route 11 73.40 Lapeer 148.00-01-16.110 Carman Farms Muster Rd 112.20 ---PAGE BREAK--- Lapeer 148.00-01-21.000 Carman, Augustus 3141 Highland Rd 125.00 Lapeer 155.00-01-06.120 Dayton, Steven A 980 Courtney Hill Rd 43.93 Lapeer 155.00-01-09.000 Allen, Larry W Quail Hollow Rd 20.00 Lapeer 155.00-01-10.110 Allen, Larry W 672 Quail Hollow Rd 136.20 Lapeer 155.00-01-19.000 Allen, Larry W 2047 Clarks Corners Rd 142.37 Lapeer 155.00-01-20.210 PCG Global Developers LLC Clarks Corners Rd 61.78 Lapeer 155.00-01-20.220 Rightmire, Michael K 1986 Clarks Corners Rd 20.00 Lapeer 156.00-01-02.100 Hayes, Larry W Quail Hill Rd 212.06 Lapeer 156.00-01-02.200 Chaffinch, James W 955 Parker St 258.60 Lapeer 156.00-01-23.200 Bush, Jamie J Clarks Corners Rd 30.60 Lapeer 156.00-02-06.000 Tillotson, John W 676 Hunts Corners Rd 80.00 Lapeer 156.00-02-07.000 Tillotson, John W Clarks Corners Rd 13.29 Lapeer 156.00-03-01.200 Chaffinch, James W Parker St 54.60 Lapeer 156.00-06-02.000 Millington, William L 988 Quail Hill Rd 15.31 Lapeer 156.00-07-02.000 Jennison, James R 2861 Clarks Corners Rd 1.20 Lapeer 156.00-07-06.000 Coblentz Jonas W 2907 Clarks Corners Rd 53.24 Lapeer 156.00-08-10.000 Miller, Allen O 2700 Highland Rd 95.00 Lapeer 156.00-08-20.000 Jennison, Robert J 770 Parker St 45.90 Lapeer 156.00-08-21.000 Morrison, Frederick G Parker St 17.80 Lapeer 156.00-08-22.000 Jennison, James R Parker St 17.40 Lapeer 157.00-01-03.100 Knapp, Harold L 3166 Highland Rd 68.00 Lapeer 157.00-01-04.000 Wagner, George E 3300 Highland Rd 25.00 Lapeer 157.00-01-08.100 Lincoln Edwin C Phillips Rd 31.98 Lapeer 157.00-01-10.000 Weaver, Raymond J 801 Lockwood Rd 117.45 Lapeer 164.00-01-04.000 Morse, Lorann 1810 Route 221 West 57.20 Lapeer 164.00-01-07.100 Morse, Lorann Route 221 West 45.77 Lapeer 164.00-01-25.000 Chwalek, Jacob 134 Chwalek Rd 196.05 Lapeer 165.00-01-26.200 Keller, Blaine 2781 Route 221 West 75.74 Lapeer 165.00-01-52.110 Boice, Thomas A 291 Cooper Hill Rd 105.87 Lapeer 165.00-01-53.000 Cornell, Gary Cooper Hill Rd 175.40 Lapeer 165.00-04-02.110 Byler, Henry J 341 Hunt Corners Rd 10.00 Lapeer 165.00-04-24.110 Miller, John N 267 Hunts Corners-Center Lisle Rd 44.80 Lapeer 166.00-01-02.000 Cornell, Gary 3048,3054 Zelsnack Rd 101.40 Lapeer 166.00-01-03.100 Zelsnack, Stephen H Sr 3224,3225 Zelsnack Rd 94.62 ---PAGE BREAK--- Lapeer 166.00-01-04.000 Zelsnack, Paul 3177 Zelsnack Rd 225.78 Lapeer 166.00-02-01.212 Keller, Blaine 339 Jennings Creek Rd 81.61 Marathon 139.00-02-10.000 McEvoy, Charles E 1436 Route 11 17.10 Marathon 139.00-03-10.000 Miller, Jacob O 3690 Pine Hill Rd 88.46 Marathon 140.00-01-02.100 Perine, Bruce E 1490 McGraw Marathon Rd 117.10 Marathon 140.00-01-08.100 Parker, James S Conrad Rd 11.51 Marathon 140.00-01-08.200 Krebs, Larry A Conrad Rd 11.51 Marathon 140.00-01-09.000 Trust John 4050 Irish Hill Rd 166.57 Marathon 140.00-01-11.120 Vinson, Kathleen K 4116 Irish Hill Rd 88.20 Marathon 140.00-01-12.100 Meyer, George 1451 Carter Slocum Rd 194.60 Marathon 141.00-01-01.000 Pendell , Margaret 4416 Phalen Rd 160.60 Marathon 141.00-01-04.000 Harvey, Norman 1601 Texas Valley Rd 44.00 Marathon 141.00-01-05.000 Jones, Rhoda 1563 Texas Valley Rd 19.00 Marathon 141.00-01-22.000 Harvey, Norman Bloody Pond Rd 8.60 Marathon 141.00-01-23.000 Harvey, Norman Bloody Pond Road 135.40 Marathon 141.00-01-24.100 Sautter, Stephen 1580 Bloody Pond Road 5.80 Marathon 148.00-01-04.100 Miller, Dan O 1495 McGraw Marathon Rd 84.63 Marathon 148.00-01-05.000 Doane, Brian L 1412 McGraw Marathon Rd 93.71 Marathon 148.00-01-17.000 Doane, Maxine 1080 McGraw Marathon Rd 91.38 Marathon 148.00-01-20.111 Brown, Lawrence L Muster Rd 287.81 Marathon 149.00-01-01.111 Clark Michael S 1325 McGraw Marathon Rd 10.00 Marathon 149.00-01-01.112 Clark, Michael S McGraw Marathon Rd 7.60 Marathon 149.00-01-01.211 Tebbe, George P McGraw Marathon Rd 28.32 Marathon 149.00-01-12.120 Haniff, Mohamed 4012 Piety Ridge Rd 78.12 Marathon 149.00-01-12.200 Gaffney, Charles A 4099 Piety Ridge Rd 211.48 Marathon 149.00-01-13.200 McMahon, Vincent McMahon Road 147.33 Marathon 149.00-01-16.111 McMahon, Vincent J Conrad Rd 26.90 Marathon 149.00-01-18.000 McMahon, Vincent Conrad Road 50.30 Marathon 149.00-01-26.200 Elliott, Timothy P 1272 Texas Valley Rd 173.93 Marathon 149.00-01-57.220 Robinson, Roland R 1075 Texas Valley Rd 323.80 Marathon 149.00-02-04.100 Marvin, Richard A Route 221 East 26.30 Marathon 149.00-02-08.100 Swan, David 1027 Route 221 East 50.60 Marathon 149.00-02-08.200 Willis, Patricia A 4288 Route 221 East 12.00 Marathon 149.00-05-01.000 Vinson, Donald A 1171 Conrad Rd 32.35 ---PAGE BREAK--- Marathon 149.00-07-05.000 Stanley, Ronald H Piety Ridge Rd 2.18 Marathon 149.00-07-07.000 Gillette, Keith 3893 Piety Ridge Rd 8.03 Marathon 149.00-07-11.100 Contri, Dustin 1306 Conrad Rd 7.80 Marathon 149.00-07-12.000 Peri, William E Conrad Rd 20.00 Marathon 149.00-08-03.000 Lilley, Jason R Piety Ridge Rd 24.55 Marathon 149.00-08-04.000 McSloy, Frank V Piety Ridge Rd 3.00 Marathon 149.00-08-05.000 Hill Douglas L 3944 Piety Ridge Rd 15.62 Marathon 149.00-08-06.000 McSloy, Frank V Piety Ridge Rd 29.80 Marathon 149.00-08-10.000 Ensign, Randy W Salt Rd 28.30 Marathon 149.00-08-11.100 Ensign, Randy W 869 Jennings Rd 167.45 Marathon 149.00-08-13.000 Ensign, Nicholas E 1164 Salt Rd 5.91 Marathon 149.00-08-17.000 Elliott, Carl F Piety Ridge Rd 21.45 Marathon 149.00-08-18.000 Elliott, Carl F 3922 Piety Ridge Rd 11.80 Marathon 149.00-08-19.000 Elliott, Carl F Piety Ridge Rd 3.50 Marathon 150.00-01-01.000 Eames, Daniel 1364 Texas Valley Rd 168.76 Marathon 150.00-01-03.000 Hall, Bernard 1440 Texas Valley Rd 200.35 Marathon 150.00-01-04.000 Hall, Bryan S 1249 Turner Hill Rd 237.10 Marathon 150.00-01-07.100 Hall, Bryan S Turner Hill Rd 32.40 Marathon 150.00-01-08.000 Hall, Steven G 1279 Turner Hill Rd 162.70 Marathon 157.00-01-19.000 Zelsnack, Agnes 3373 Tannery St Ext 127.40 Marathon 157.00-01-20.100 Watros, L. Richard 3484 Tannery St Ext 10.78 Marathon 157.00-03-01.100 Wagner, George E 3310 Highland Rd 80.90 Marathon 157.00-03-04.000 Bliss, Donald R Highland Rd 10.02 Marathon 157.00-03-05.100 Bliss, Donald R Highland Rd 1.97 Marathon 157.00-03-06.000 Bliss, Donald R 3299 Highland Rd 5.02 Marathon 157.00-06-02.110 Bailey, Richard E 3463 Tannery St Ext 91.90 Marathon 157.00-06-02.200 Engleman Robert J Burroughs Rd 9.10 Marathon 157.00-06-06.000 Huizinga, John Mill St. Ext. 19.00 Marathon 158.00-01-08.000 Parker, Althea McGraw Marathon Rd 30.30 Marathon 158.00-01-11.000 Jennings, George W Jr 888 Jennings Rd 50.00 Marathon 158.00-01-12.100 Huizinga, John R 4165 Route 221 East 66.60 Marathon 158.00-01-12.200 Dairyland, LLC 4146, 4280 Route 221 49.70 Marathon 158.00-01-14.100 Ensign, Arthur 4007 Route 221 East 48.15 Marathon 158.00-01-14.222 Huizinga, John Route 221 58.95 ---PAGE BREAK--- Marathon 158.00-01-24.000 Parker, Althea McGraw Marathon Rd 2.10 Marathon 158.00-01-25.000 Parker, Althea McGraw Marathon Rd 8.60 Marathon 158.00-01-28.121 Upholt, Robert H 690 Lovell Hill Rd 554.70 Marathon 158.00-04-02.000 Dairyland LLC 899 Merrill Creek Rd 76.60 Marathon 158.00-04-05.000 Toscano, Mario 799 Merrill Creek Rd 39.00 Marathon 158.00-04-07.111 Gallagher, Richard E 4264 Deans Pond Rd 78.64 Marathon 158.00-04-07.112 Shonk, Reiko 4276 Deans Pond Rd 2.06 Marathon 158.00-04-08.000 Dairyland LLC Deans Pond Rd 5.04 Marathon 158.00-04-09.000 Dairyland, LLC Deans Pond Road 25.93 Marathon 158.00-05-05.000 Sharp, Donald 765 Merrill Creek Rd 10.00 Marathon 159.00-01-02.000 Adams, Thomas D 4451 Route 221 East 231.00 Marathon 159.00-01-04.000 Quail, Martin A 933 Fish Hill Rd 5.20 Marathon 159.00-01-05.210 John 955 Fish Hill Rd 155.70 Marathon 159.00-01-05.210 John 955 Fish Hill Road 155.70 Marathon 159.00-01-08.000 White, Harold M 826 Cold Spring Rd 116.60 Marathon 159.00-01-09.000 Hatch, Vincent Fish Hill Rd 25.00 Marathon 159.00-01-10.000 Bruce, Douglas 734 Cold Spring Rd 112.71 Marathon 159.00-02-02.110 Contri, William C Route 221 East 18.20 Marathon 159.00-02-03.000 Huizinga, John Route 221 East 21.43 Marathon 159.00-02-05.100 Huizinga, John 4561 Route 221 East 51.14 Marathon 159.00-02-05.200 Hall, Bryan S Route 221 East 72.04 Marathon 159.00-03-01.000 Toscano, Mario Merrill Creek Rd 28.00 Marathon 159.00-03-04.000 Froelich, Martin 806 Merrill Creek Rd 10.01 Marathon 159.00-03-05.200 Stiles, Daniel T 851 Merrill Creek Rd 13.06 Marathon 159.00-03-06.000 CKC Properties LLC 756 Merrill Creek Rd 7.00 Marathon 159.00-03-07.000 Mapes, Charles 736 Merrill Creek Rd 26.05 Marathon 159.00-03-12.000 Huizinga, John Cold Spring Road 9.39 Marathon 166.00-02-01.000 Gutierrez, David Krill Rd 39.80 Marathon 166.00-02-04.100 Zelsnack, Agnes Krill Rd 308.40 Marathon 166.00-02-09.100 Hunt, James P Krill Rd 73.80 Marathon 166.00-03-04.000 Lilley, Jordan R 144 Tim Hill Rd 10.09 Marathon 166.00-03-05.000 Lilley, Jordan R 162 Tim Hill Rd 9.94 Marathon 166.00-03-06.000 Patriquin Brian M 172 Tim Hill Rd 15.50 Marathon 166.00-05-02.110 Zelsnack, Stephen H Sr Zelsnack Rd 144.22 ---PAGE BREAK--- Marathon 167.00-01-08.000 Huizinga, John Route 11 17.00 Marathon 167.00-01-21.210 Huizinga, John 412 Route 11 51.20 Marathon 167.00-01-30.000 Holland, William 293 Divers Crossing Rd 200.50 Marathon 167.00-06-01.000 Huizinga, John Route 11 46.00 Marathon 167.00-06-09.000 Huizinga, John Route 11 26.90 Marathon 168.00-01-20.210 Gjushi, Arjan 158 Merrill Creek Rd 78.63 Marathon 168.00-01-20.221 Cerone Samuel Merrill Creek Rd 23.48 Marathon (Village) 157.12-01-01.200 Huizinga, John Burroughs Road 9.10 Marathon (Village) 158.09-01-02.000 Parker, Althea 45 Galatia St 13.50 Marathon (Village) 158.09-01-03.100 Parker, Althea Galatia St 2.20 Marathon (Village) 158.09-01-03.200 Parker, Milton J 43 Galatia St 0.38 Marathon (Village) 158.09-01-04.000 Parker, Althea Galatia St 17.70 Marathon (Village) 158.17-02-14.200 Upholt, Robert H 26-30 E Main St 56.00 Marathon (Village) 158.17-02-16.100 Huizinga, John Broome St. 25.80 McGraw 88.14-01-03.110 Call, Laura J 19 Hicks Hill Rd 16.60 McGraw 88.15-01-01.112 Ross, Danny G North St 2.93 McGraw 88.15-01-35.000 Ross, Danny G 6 Church St 6.42 Preble 6.00-01-01.200 Vossler, Martin F W Bennett Hollow Rd 31.77 Preble 6.00-01-02.111 VanPatten, Bruce H Otisco Valley Rd 42.90 Preble 6.00-01-02.112 VanPatten, Bruce H Otisco Valley Rd 27.80 Preble 6.00-01-07.120 Williams, Peter W Bennett Hollow Rd 10.30 Preble 6.00-01-07.200 Cates, Bradley 1415 Williams Rd 85.45 Preble 6.00-03-02.000 VanPatten, John L Otisco Valley Rd 49.60 Preble 6.00-03-03.000 VanPatten, John L 7585 Otisco Valley Rd 2.06 Preble 7.00-01-09.110 Underwood, William T 7451 Tully Center Rd 145.60 Preble 7.00-01-09.200 Underwood, Linda L 7612 Route 281 1.85 Preble 7.00-01-19.000 Knapp, James 2309 Song Lake Xing 85.70 Preble 7.00-01-21.000 Shirley Family LLC Song Lake Xing 16.30 Preble 7.04-01-67.111 Underwood, William Saulsbury Rd 1.10 Preble 7.04-01-67.210 Stanton, Kenway Sr Saulsbury Rd 8.50 Preble 8.00-01-18.100 Foley, Francis J Jr 7484 Route 11 247.40 Preble 8.00-02-06.100 Febel, John 7548 Route 11 32.56 Preble 8.00-02-16.000 Foley, Loretta 7564 Tully Center Rd 50.00 Preble 16.00-01-01.000 VanPatten, Thomas W 7429 Otisco Valley Rd 160.00 ---PAGE BREAK--- Preble 16.00-01-02.100 VanPatten, Bruce Otisco Valley Rd 249.40 Preble 16.00-01-03.000 Masters, Ronald G 7250 Otisco Valley Rd 185.00 Preble 16.00-01-04.110 Vossler, Martin F 7159 Otisco Valley Rd 595.01 Preble 16.00-01-10.100 Griswold, David E 7001 W Bennett Hollow Rd 394.28 Preble 16.00-01-12.000 Griswold, Everett & Elizabeth (LU) 6939 W Bennett Hollow Rd 18.00 Preble 16.00-01-13.000 Harris, Joyce A 7121 Otisco Valley Rd 10.94 Preble 17.00-01-03.000 Brock, Kenneth 7375 Song Lake Rd 39.43 Preble 17.00-01-16.000 Knapp, Peter D 7125 Song Lake Rd 137.51 Preble 17.00-01-19.110 Currie, Laura C 2077 Currie Rd 43.03 Preble 17.00-01-21.000 Knapp, Peter D Song Lake Rd 23.50 Preble 17.00-02-02.100 Knapp, Peter D Route 281 49.50 Preble 17.00-03-01.000 Turner, Benjamin F Song Lake Xing 23.51 Preble 17.00-03-03.000 Shirley Family LLC Song Lake Xing 27.57 Preble 17.00-03-04.000 Turner, Benjamin F 2039 Song Lake Xing 197.17 Preble 17.00-03-05.000 Bardwell, James Song Lake Xing 7.69 Preble 17.00-04-02.000 Foley, Francis J Jr Route 281 38.90 Preble 17.00-05-04.000 Bestdeck, LLC Route 281 2.50 Preble 17.00-05-06.000 Currie, Laura 2285 Currie Rd 135.60 Preble 17.00-05-07.000 Currie Valley Farms Inc Route 11 10.00 Preble 17.00-05-17.000 Currie, John H Jr 2267 Currie Rd 2.60 Preble 17.00-05-19.000 Currie, Elinor I 7023 Route 11 125.00 Preble 17.00-05-24.000 Currie, Elinor I Route 11 87.00 Preble 17.00-05-26.000 Currie, Elinor I Route 11 10.00 Preble 17.00-05-27.000 Currie, Elinor Route 11 10.00 Preble 17.00-05-29.000 Currie, Calvin Currie Rd 16.10 Preble 18.00-01-02.000 Foley, Francis J Jr Route 11 82.50 Preble 18.00-04-05.000 Currie, JNT LLC 7184 Route 11 1.05 Preble 18.00-04-09.111 Vormwald, David A Vormwald Rd 121.00 Preble 18.00-04-09.120 Currie, JNT LLC Route 11 40.63 Preble 18.00-04-09.200 Currie, JNT LLC Route 11 58.08 Preble 26.00-01-02.000 Griswold, David E 6862 W Bennett Hollow Rd 170.50 Preble 26.00-01-03.000 Griswold, David Preble Rd 265.39 Preble 26.00-01-04.000 Cates, Raymond Maycumber Rd 8.80 Preble 26.00-01-05.000 Knapp, Peter Maycumber Rd 87.50 ---PAGE BREAK--- Preble 26.00-01-07.000 Cates, Raymond Preble Rd 60.00 Preble 26.00-01-10.000 Simon, Joseph Simon Rd 40.50 Preble 26.00-01-11.000 Griswold, David 1644 Preble Rd 102.47 Preble 26.00-01-12.000 Griswold, David Preble Rd 1.30 Preble 27.00-01-14.100-1 Knapp, Paul H 2043 Preble Rd 193.10 Preble 27.00-01-14.100-2 Knapp, Paul H 2023 Preble Rd 2.00 Preble 27.00-01-23.000 Knapp, Paul H Route 11 166.40 Preble 27.00-01-32.100 Knapp, John J 6776 Route 11 171.50 Preble 27.00-01-32.200 Strong, Stewart E Homer Baltimore Rd 28.50 Preble 27.00-01-60.100 Knapp, Paul H Route 11 241.30 Preble 27.00-02-01.000 Simon, Joseph P 1838 Simon Rd 116.50 Preble 27.00-02-02.000 Griswold, David Steger Rd 2.57 Preble 27.00-02-04.000 Griswold, David Steger Rd 181.40 Preble 27.00-02-06.000 Caughey, Michael D 6571 Steger Rd 3.53 Preble 27.00-02-08.000 Underwood, Richard Lee Steger Rd 78.92 Preble 28.00-01-13.000 Currie, Laura C E Hill Rd 100.00 Preble 28.00-01-17.110 Henderson, Anne H E Hill Rd 163.10 Preble 28.00-01-44.000 Currie, Robert E E Hill Rd 69.50 Preble 28.00-01-45.000 Currie, Robert E E Hill Rd 98.00 Preble 28.00-01-46.100 Currie, Louis Dawson Rd 93.10 Preble 28.00-01-46.200 Currie, Robert Dawson Rd 139.40 Preble 28.00-01-47.000 Hoch, Shane 6391 Dawson Rd 50.00 Preble 28.00-01-50.000 Currie, Laura C E Hill Rd 150.00 Preble 28.00-02-01.100 Currie, Sean E Hill Rd 33.10 Preble 37.00-01-01.000 Simon, Joseph Steger Rd 60.30 Preble 37.00-01-03.000 Kaplan, Judith Ann 6445 Steger Rd 144.90 Preble 37.00-01-13.000 Underwood, Linda L Route 281 48.51 Preble 37.00-01-16.000 Underwood, Linda Route 281 8.20 Preble 37.00-01-30.120 Kendall, Andrew G 6336 Route 281 12.06 Preble 37.00-01-36.000 Morgan, Louis B Route 281 7.58 Preble 37.00-01-37.000 Rich, Margaret T Route 281 17.58 Preble 37.00-01-40.000 Rich, Margaret T Route 281 22.50 Preble 37.00-01-50.110 Underwood, William T Route 281 79.60 Preble 37.00-02-03.000 Currie, JNT LLC 2109 E Clark Rd 174.50 ---PAGE BREAK--- Preble 37.00-02-09.100 Henderson, Anne H 2108 E Clark Rd 137.10 Preble 37.00-02-14.110 Brown, Steven D 6362 Route 11 36.50 Preble 37.00-02-25.111 Head, William R Route 11 11.40 Preble 37.00-02-25.112 Riehlman, Douglas B 6242 Route 11 163.50 Preble 37.00-02-26.000 O'Neill, Jerry B Off Maxson Rd 200.00 Preble 37.00-04-03.000 Rich, Margaret T 6336 Route 281 73.00 Preble 38.00-01-06.000 Brooks, Clinton S 6438 E Homer Baltimore Rd 354.70 Preble 38.00-01-07.100 Dawson, Carlton Dawson Rd 100.00 Preble 38.00-01-07.200 Dawson, Gary 6279 Dawson Rd 50.00 Preble 38.00-03-06.000 Brooks, Richard A 6222 E Homer Baltimore Rd 72.50 Preble 38.00-03-07.000 Dawson, Carlton Off Dawson Rd 17.00 Scott 5.00-01-11.110 Franklin, Michael 7465 Ripley Hill Rd 179.70 Scott 14.00-01-19.000 Emily Vincent Hill Rd 15.00 Scott 14.00-01-25.000 Kim A Glen Haven Rd 28.50 Scott 15.00-01-17.000 Benson, Lee M 7055 Military Rd 78.51 Scott 15.00-01-18.000 Grinnell, Ward Military Rd 55.80 Scott 15.00-01-24.110 Hartford, Richard 6988 Route 41 13.00 Scott 15.00-01-24.120 Phalen, Jerry R Hewitt Rd 68.00 Scott 15.00-01-24.211 Franklin, Michael Route 41 28.80 Scott 15.00-01-24.212 Franklin, Michael Route 41 19.00 Scott 15.00-01-27.000 Heath, Jeffrey A 7146 Route 41 21.40 Scott 15.00-02-11.000 Eaton, Janice L Ripley Hill Rd 52.04 Scott 15.00-03-01.000 Proctor, Bradley 7354 Brake Hill Rd 29.00 Scott 15.00-05-01.000 Filkins, Vernon B II 7365,7367 Route 41 188.80 Scott 15.00-05-05.000 Guy, Phillip L & Marian F (LU) Ripley Hill Rd 33.92 Scott 15.00-05-06.000 Guy, Michael P 7356 Ripley Hill Rd 10.00 Scott 15.00-05-14.000 Birdsall, Dennis Route 41 8.40 Scott 15.00-05-15.000 Birdsall, Dennis Route 41 8.08 Scott 15.00-05-16.100 Birdsall, Dennis 7301 Route 41 112.00 Scott 15.00-05-16.200 Birdsall, Dennis 7305-7307 Route 41 5.00 Scott 15.00-05-17.000 Birdsall, Dennis Route 41 4.00 Scott 15.00-05-18.000 Birdsall, Dennis Route 41 3.43 Scott 15.00-05-19.000 Kim A Route 41 9.12 Scott 24.00-05-12.110 McMahon, Michael Grinnell Rd 29.00 ---PAGE BREAK--- Scott 25.00-01-22.000 Birdsall, Dennis R 6713 Route 41 116.20 Scott 25.00-01-47.111 Perry, David Glen Haven Rd 96.60 Scott 25.00-01-47.112 Anderson, Charles E 6582 Glen Haven Rd 10.99 Scott 25.00-01-59.100 McMahon, Michael P Route 41 77.20 Scott 25.00-01-59.200 Heath, Jeffrey A 613 Long Rd 26.23 Scott 25.00-01-63.000 Tully, Virginia Old State Rd West 17.40 Scott 25.00-01-67.000 Birdsall, Dennis R Route 41 4.19 Scott 25.00-02-23.000 Birdsall, Dennis R Route 41 14.16 Scott 25.00-02-30.000 Grinnell, Ward H 473 Hewitt Rd 7.80 Scott 25.00-02-52.000 Norris, Mark 981 Long Rd 23.33 Scott 25.03-01-13.000 Birdsall, Dennis R Route 41 3.90 Scott 25.03-01-14.000 Birdsall, Dennis R 6703 Route 41 1.00 Scott 34.00-01-09.000 Brown, Dana M 93 Brown Hill Rd 150.00 Scott 34.00-01-10.111 McMahon, Michael Brown Hill Rd 54.30 Scott 34.00-01-10.112 McMahon, Michael Brown Hill Rd Spur 165.60 Scott 34.00-01-10.120 McMahon, Stephen E Brown Hill Rd 80.50 Scott 34.00-01-10.200 McMahon, Stephen E 92 Brown Hill Rd 14.30 Scott 34.00-01-12.000 Potter, Dean L Brown Hill Rd 48.24 Scott 35.00-01-01.111 McMahon, Michael P Route 41 81.60 Scott 35.00-01-06.100 Siddiqui, Shahid M 6387 Route 41 64.70 Scott 35.00-01-06.200 McMahon, Michael Route 41 51.24 Scott 35.00-01-15.200 Jeffers, Peter 6344 Brake Hill Rd 76.19 Scott 35.00-01-16.000 Butts, Chad S Brake Hill Rd 73.00 Scott 35.00-01-18.000 Phelps, Barbara L 6197 Brake Hill Rd 81.00 Scott 35.00-01-19.000 Butts, Stephen D Brake Hill Rd 65.00 Scott 35.00-01-20.000 Russell, Charles L Brake Hill Rd 22.40 Scott 35.00-01-21.000 Birdsall, Kay A 681 Birdsall Rd 164.70 Scott 35.00-01-22.110 Gross, Adeline Route 41 144.90 Scott 35.00-01-23.000 Dewitt, Stephen 6356 Route 41 217.60 Scott 35.00-03-03.000 Webster, Georgia M (LU) 6073 W Scott Rd 56.50 Scott 35.00-03-07.100 McMahon, Michael 6083-6099 W Scott Rd 99.80 Scott 35.00-04-01.000 Adams, Kirk 6213 W Scott Rd 2.08 Scott 35.00-04-02.000 Adams, Kirk L W Scott Rd 179.80 Scott 35.00-04-03.000 Adams, Kirk L 6197 W Scott Rd 2.03 ---PAGE BREAK--- Scott 35.00-05-04.000 Adams, Kirk L W Scott Rd 53.54 Scott 35.00-05-07.000 Adams, Kirk L W Scott Rd 13.52 Scott 35.00-05-09.000 Adams, Kirk L W Scott Rd 108.90 Scott 36.00-01-05.110 Niederhofer, Thomas R 6192 Stevens Rd 47.00 Scott 36.00-01-05.120 Head, William R Stevens Rd 194.33 Scott 36.00-01-06.000 Beckwith, John W Stevens Rd 76.00 Scott 36.00-01-19.000 Underwood, William T Stevens Rd 25.00 Scott 36.00-03-05.100 Slade's Peaceful Vly Realty LL Stevens Rd 229.87 Scott 36.00-03-06.000 Rogers, Richard E Sr 1397 Simon Rd 130.50 Scott 36.00-05-01.000 Bean, Kyle 6389 Switch Rd 50.46 Scott 36.00-05-03.000 Kendall, Andrew G Switch Rd 15.45 Scott 36.00-05-04.000 Ottenschot, Richard J 6347 Switch Rd 15.32 Scott 36.00-07-01.000 Hilsberg, Kay 1073 Long Road 10.00 Scott 36.00-07-02.000 Hilsberg, Kay F 1095 Long Rd 18.10 Scott 36.00-07-03.000 Hilsberg, Kay F 1103 Long Rd 12.14 Scott 36.00-07-09.000 Lawrence, Simon Switch Rd 33.40 Solon 69.00-01-01.100 Zarnowski, Dawn M Town Line Rd 35.64 Solon 69.00-01-01.200 Bishop, Arlene M 3147 Warren Rd 5.00 Solon 69.00-01-02.000 Miller, Dean G Warren Rd 103.20 Solon 69.00-04-14.210 Reardon, Donna 4719 Maybury Road 11.64 Solon 79.00-01-22.100 Coombs, Craig 4428 Soshinsky Rd 257.20 Solon 79.00-01-48.000 McIntyre, Karl 4418 Soshinsky Rd 14.31 Solon 79.00-04-18.000 Brown, Scott E Sr 4290 Lapp Hill Rd 6.37 Solon 79.00-04-20.120 Franklin, Kevin M 4348 Lapp Hill Rd 69.20 Solon 79.00-04-20.200 McUmber, Leon J Jr 4384 Lapp Hill Rd 9.71 Solon 79.00-04-23.000 McUmber, Leon Maybury Rd 44.00 Solon 79.00-04-24.000 McUmber, Leon Sr Maybury Rd 8.47 Solon 80.00-01-40.112 Hotaling, Frank A Sr Mosher Rd 30.19 Solon 80.00-01-40.120 Hotaling, Frank A Sr 4250 Mosher Rd 2.06 Solon 80.00-02-01.100 Tobias, David R N Tower Rd 34.52 Solon 80.00-02-19.000 Tobias, David R 4623 N Tower Rd 10.00 Solon 80.00-03-09.000 Tobias, Robert W 3811 Mulcaay Rd 135.20 Solon 89.00-01-01.111 Soshinsky Farms 4070,4182 Soshinsky Rd 235.00 Solon 89.00-01-01.112 Karam, Charbel Soshinsky Rd 35.02 ---PAGE BREAK--- Solon 89.00-01-01.120 Miner, Andrew Soshinsky Rd 35.17 Solon 89.00-01-01.200 Miner, Andrew Maybury Rd 61.95 Solon 89.00-01-11.000 Craig, Gerald Lapp Hill Rd 197.90 Solon 89.00-01-13.000 Augur, David Syrian Hill Road 20.66 Solon 89.00-01-14.000 Augur, David W 4056 Route 41 158.50 Solon 89.00-01-32.110 Rutan, Charles 4256 Route 41 100.10 Solon 89.00-01-37.200 Schon, David M 3322 Route 41 154.63 Solon 89.00-01-42.000 Augur, David W 3631 Route 41 9.90 Solon 89.00-03-06.000 Augur, David W Route 41 31.30 Solon 90.00-01-01.000 Bickford Trust, Edwin B. Jr. Syrian Hill Road 73.40 Solon 90.00-01-05.112 Rainbow, Victoria 4077 Wildman Road 4.50 Solon 90.00-01-06.200 Stiles, Andrew D 4151 Wildman Rd 157.50 Solon 90.00-01-45.000 Gokay, Michael A 4210 Telephone Rd 29.50 Solon 90.00-01-46.111 Parks, Marjorie J Telephone Rd 140.00 Solon 90.00-01-70.100 Rainbow, Victoria R Wildman Rd 42.43 Solon 90.00-01-70.200 Rainbow, Victoria R 4083 Wildman Rd 5.23 Solon 90.00-02-01.100 Bickford Trust, Edwin B Jr 4017 N Tower Rd 164.50 Solon 90.00-02-03.100 Tinelli, Anthony V 3889 Route 41 70.03 Solon 90.00-02-14.100 Bickford Trust, Edwin B Jr 3967,4054 Route 41 213.00 Solon 90.00-02-17.000 Tinelli, Anthony V Route 41 78.11 Solon 90.00-02-23.000 Bickford Trust, Edwin B Jr Route 41 9.60 Solon 90.00-02-24.000 Bickford, Mary P 4054 Syrian Hill Rd 4.50 Solon 91.00-01-05.110 Thornton, Roy A 4404 Telephone Rd 28.90 Solon 91.00-01-05.120 Thornton, Roger Telephone Rd 106.63 Solon 91.00-01-05.200 Thornton, Roy A 4420 Telephone Rd 2.38 Solon 99.00-03-14.000 Legg, Paul W Ridge Rd 142.50 Solon 99.00-06-01.000 Underwood, Dennis E 3428 Underwood Hill Rd 11.02 Solon 99.00-06-02.000 Butler, Timothy John 3501 McGraw Marathon Rd 69.98 Solon 99.00-06-07.000 Buerkle, Daniel 3607 Baker Schoolhouse Rd 107.53 Solon 99.00-06-12.100 Coombs, Adam C 3342,3620 McGraw Marathon Rd 96.70 Solon 99.04-01-01.000 Underwood, Gary 3311 Ridge Road 17.20 Solon 99.04-01-33.000 Underwood, Gary McGraw Marathon Rd 15.90 Solon 100.00-01-01.000 Atkins, Robert E Baker Schoolhouse Rd 104.40 Solon 101.00-01-04.111 Schroeder, Mark E 3484 Route 41 115.83 ---PAGE BREAK--- Solon 101.00-02-01.200 Stacy, Robert L 3541 Preston Rd 7.33 Solon 101.00-02-05.000 Halstead, Myla 4500 May Rd 31.80 Solon 109.00-01-01.100 Bush, Mark B Underwood Hill Rd 100.71 Solon 109.00-01-03.111 Underwood, Gary Underwood Hill Rd 130.10 Solon 109.00-01-03.112 Underwood, Stanley C 3306 Underwood Rd 32.98 Solon 109.00-01-04.000 Underwood, Dennis E 3519 Underwood Hill Rd 41.00 Solon 109.00-03-02.000 Rood, Martin D Sr Atkins Rd 31.65 Solon 109.00-03-06.000 May, Shawn J 3116 Atkins Rd 7.12 Solon 109.00-03-07.000 Williams, Rick A 3168 Underwood Hill Rd 21.10 Solon 109.00-03-08.000 Peck, Charles 3249 McGraw Marathon Rd 72.82 Solon 109.00-03-11.000 Stafford, Roger A 3305 McGraw Marathon Rd 86.91 Solon 110.00-01-02.000 Bennett, M Brad 3739 Stramba Rd 183.32 Solon 110.00-01-07.000 Louie, Mon H Cadwill Rd 178.20 Solon 111.00-01-02.200 Odell, Robert W Jr Route 41 35.00 Solon 111.00-02-03.000 Esposito, Dino A Route 41 12.11 Solon 111.00-02-05.000 Odell, Robert W Jr Route 41 13.18 Solon 111.00-02-06.000 Esposito, Dino A Route 41 73.40 Solon 111.00-02-07.000 Esposito, Dino 3266 Route 41 3.76 Taylor 72.00-01-07.000 Dedrick, Henry C Frog Hollow Rd 89.27 Taylor 72.00-01-09.100 Elwood, Rollan Cheningo Solon Pond Rd 36.00 Taylor 72.00-01-12.000 Pudney, Harlan 4701,4720 Cheningo Solon Pond Rd 40.69 Taylor 72.00-02-04.000 Lenter, Seymour M Potter Hill Rd 15.36 Taylor 72.00-02-05.000 Lenter, Seymour M Potter Hill Rd 16.68 Taylor 72.00-02-06.000 Lenter, Seymour M Elwood Rd 11.65 Taylor 73.00-01-08.200 Morse, Lanny E 4703 Union Valley Lincklaen Rd 66.60 Taylor 73.00-02-01.000 McEntee, Vance Potter Hill Rd 46.80 Taylor 73.00-02-02.110 Lenter, Seymour M 5745 Potter Hill Rd 54.08 Taylor 73.00-02-02.120 Miceli,, Peter S Potter Hill Rd 30.48 Taylor 73.00-02-02.200 Miceli,, Peter S 5732 Potter Hill Rd 30.81 Taylor 73.00-02-04.000 Grimler, George D 5800 Potter Hill Rd 41.85 Taylor 73.00-02-08.100 Leibowitz, Steven Union Valley Rd 10.69 Taylor 73.00-02-08.200 Rheinheimer, Adi Union Valley Rd 15.42 Taylor 81.00-01-05.110 Allen Hill Road LLC 4990 Allen Hill Rd 328.12 Taylor 81.00-01-05.120 Allen, Robert M Allen Hill Rd 38.51 ---PAGE BREAK--- Taylor 81.00-01-06.200 Allen Hill Road LLC Allen Hill Rd 98.80 Taylor 82.00-01-01.100 Pudney, Harlan J Sr 4484 Pudney Rd 535.88 Taylor 82.00-01-04.100 Pudney, Harlan Potter Hill Rd 119.77 Taylor 82.00-01-10.100 Pudney, Harlan 4418,4448 Pudney Rd 74.00 Taylor 82.00-01-11.200 Matis, Joseph S 4555 Elwood Rd 63.00 Taylor 82.00-01-12.100 Lamb, Edward J Sr 4363 Elwood Rd 101.75 Taylor 82.00-01-29.000 Pudney, Harlan Potter Hill Rd 112.20 Taylor 82.00-02-03.100 Wesser, David W 4428 Potter Hill Rd 55.30 Taylor 82.00-03-01.000 Pudney, Harlan 4327 Cheningo Solon Pond Rd 184.32 Taylor 82.00-04-02.100 Gross, Travis 5070 Allen Hill Rd 47.50 Taylor 82.00-04-03.000 Allen Hill Road LLC Allen Hill Rd 27.11 Taylor 82.00-04-05.000 Allen Hill Road LLC Allen Hill Rd 12.71 Taylor 82.00-04-06.000 Allen, Michael A 5152 Allen Hill Rd 26.59 Taylor 82.00-04-07.100 Tocci, Philip P Jr 5070 Allen Hill Rd 74.20 Taylor 82.00-04-07.200 Montanye, Robert A Cheningo Solon Pond Rd 26.52 Taylor 83.00-01-01.100 Pryor, Sharon 4622 Union Valley Rd 146.40 Taylor 83.00-01-06.000 Leibowitz, Steven Union Valley Rd 5.60 Taylor 83.00-01-09.221 Sullivan Estate, Austin 4483 Union Valley Rd 9.00 Taylor 83.00-01-09.222 Hannon, Christine L 4489 Union Valley Rd 30.04 Taylor 83.00-02-02.000 Francisco, Rexford E Jr Union Valley Rd 10.07 Taylor 83.00-02-04.000 Francisco, Rexford E Jr 4336 Union Valley Rd 53.07 Taylor 83.00-02-05.000 Francisco, Rexford E Jr Union Valley Rd 20.17 Taylor 83.00-02-13.000 Peri, Joseph A Union Valley Rd 14.56 Taylor 91.00-01-06.100 Eaton, James 4839 Mt Roderick Rd 122.50 Taylor 91.00-02-04.000 Eaton, James Taylor Valley Rd 27.60 Taylor 91.00-02-06.000 Eccleston, Mark 3830 Taylor Valley Rd 7.00 Taylor 92.00-01-12.110 Farm East LLC 3990 Cheningo Solon Pond Rd 528.88 Taylor 92.00-01-16.110 Elwood, Rollan C 3845 Cheningo Solon Pond Rd 143.30 Taylor 92.00-01-16.120 Elwood, Rollan C Jordan Rd 6.70 Taylor 92.00-02-03.200 Diaz, Kenneth 5255 Suarez Road 176.54 Taylor 92.00-02-05.100 Fox, Clarence Taylor Valley Rd 50.31 Taylor 92.00-02-05.200 McMasters, D Jeffrey 3692 Taylor Valley Rd 360.76 Taylor 92.00-02-06.200 DeMond, Bruce P Suarez Rd 54.00 Taylor 92.00-02-10.110 Diaz, Kenneth Suarez Rd 60.37 ---PAGE BREAK--- Taylor 92.00-02-10.120 Diaz, Eddy Suarez Rd 40.28 Taylor 92.00-02-10.200 Diaz, Eddy Suarez Rd 47.30 Taylor 92.00-03-08.000 Keller, John M 4113 Suarez Rd 37.33 Taylor 92.00-03-09.000 Keller, John M Suarez Rd 1.41 Taylor 92.00-03-12.000 Suarez, Carl L Suarez Rd 12.09 Taylor 92.00-03-13.000 Keller, John M Suarez Rd 13.18 Taylor 92.00-03-14.000 Keller, John M Suarez Rd 13.71 Taylor 93.00-01-06.100 Parks, Ralph C 4041,4042 Union Valley Rd 292.38 Taylor 93.00-01-10.000 Pudney, Richard A 3924 Elwood Rd 190.00 Taylor 93.00-02-01.000 Wheelock, Gordon R 3889 Union Valley Rd 45.22 Taylor 93.00-02-06.000 Preston, Grant B Union Valley Rd 26.70 Taylor 93.00-02-07.200 Cook, Margaret A Union Valley Rd 34.14 Taylor 93.00-02-08.100 Aquilino, Anthony 3881 Union Valley Rd 27.07 Taylor 101.00-01-04.100 Walker, Barry R Jr 4759 Telephone Rd 70.52 Taylor 101.00-01-04.200 Glenn, Paul F 4763 Telephone Rd 70.52 Taylor 101.00-03-07.100 Feduchak, Timothy L 4848 Telephone Rd 94.00 Taylor 101.00-04-08.100 Law, Theodore D 4967 Telephone Rd 91.40 Taylor 101.00-04-09.000 Button, Kathie M Telephone Rd 31.15 Taylor 101.00-04-10.000 Law, Theodore 5020 Telephone Rd 323.90 Taylor 102.00-01-01.110 Smith, James L 3721 Taylor Valley Rd 160.30 Taylor 102.00-01-02.111 Upton, Douglas R 3638 Taylor Valley Rd 127.01 Taylor 102.00-01-02.112 Stone, Jeffrey W 3627 Taylor Valley Rd 48.62 Taylor 102.00-01-03.100 Diaz, Joe Jr 3723 Suarez Rd 84.30 Taylor 102.00-01-03.200 Hamilton & Taylor LLC 3728 Suarez Rd 91.00 Taylor 102.00-01-07.000 Closson, Randy L Cheningo Solon Pond Rd 111.60 Taylor 102.00-01-23.000 Fuchswanz, William G 3291,3294 Telephone Rd 268.10 Taylor 102.00-01-24.100 Witmyer, Henry M III 3315 Duke Rd 248.13 Taylor 102.00-01-24.200 Martin, Amos B Duke Rd 86.87 Taylor 102.00-01-31.100 Diaz, Janet E Whitney Rd 59.45 Taylor 102.00-03-01.000 Orsini, Paul Cheningo Solon Pond Rd 7.98 Taylor 102.00-03-02.000 Orsini, Paul Cheningo Solon Pond Rd 7.62 Taylor 102.00-03-03.000 Orsini, Paul Cheningo Solon Pond Rd 7.27 Taylor 102.00-03-05.000 Lewis, Cheketa Cheningo Solon Pond Rd 8.18 Taylor 102.00-03-06.000 Moseley, Scott 3562 Cheningo Solon Pond Rd 7.57 ---PAGE BREAK--- Taylor 102.00-03-16.000 Morsey, Christine L 3489 Cheningo Solon Pond Rd 9.41 Taylor 102.00-03-18.000 Kotowicz, Chester Cheningo Solon Pond Rd 73.27 Taylor 102.00-03-20.000 Montefusco, Albert Cheningo Solon Pond Rd 31.48 Taylor 102.00-03-21.000 Montefusco, Albert Jr 3673 Cheningo Solon Pond Rd 38.26 Taylor 102.00-04-04.000 Yale, Randy S Telephone Rd 63.70 Taylor 102.00-04-06.000 Peterson, Harry 5159 Telephone Rd 11.30 Taylor 102.00-05-01.000 Smith, John L Taylor Valley Rd 16.29 Taylor 102.00-05-02.000 Diaz, Janet E 3431 Whitney Rd 87.32 Taylor 102.00-05-03.000 Wood, Gene T 3402 Taylor Valley Rd 10.05 Taylor 102.00-05-04.000 Diaz, Janet E Whitney Rd 11.37 Taylor 102.00-05-05.000 Blanchard, Jason B Taylor Valley Rd 11.03 Taylor 102.00-05-12.000 Wood, Gene Taylor Valley Rd 25.01 Taylor 102.00-05-15.000 Latta, James B Jr Taylor Valley Rd 15.01 Taylor 102.00-05-16.000 Reed, Suzanne E 3449 Taylor Valley Rd 13.02 Taylor 102.00-06-02.000 Diaz, Janet E 5774 Whitney Rd 76.10 Taylor 102.00-06-06.000 Taylor, Town of 5739 Town Line Rd 10.89 Taylor 102.00-06-07.000 Diaz, John E 3361 Whitney Rd 9.68 Taylor 102.00-06-10.000 Smith, John L 3299 Taylor Valley Rd 1.15 Taylor 102.00-06-11.000 Smith, John L Taylor Valley Rd 107.80 Taylor 103.00-01-14.000 Davis, Richard A 3148 Route 26 113.50 Taylor 103.00-01-15.100 Burns, Marie A 3380 Route 26 68.40 Taylor 103.00-01-17.200 Carrier, Kenneth R Gun Club Rd 25.30 Taylor 103.00-01-21.000 Carrier, Kenneth R 5999 Town Line Rd 12.70 Taylor 103.00-02-04.000 Boix, Trino Union Valley Rd 7.50 Taylor 103.00-02-05.100 Griffiths David 3563 Union Valley Rd 12.68 Taylor 103.00-02-05.200 Tanis, Mark T Union Valley Rd 30.70 Taylor 103.00-02-08.000 Toscano, Mario 3613 Union Valley Rd 187.00 Taylor 103.00-03-01.000 Smith, John L 3610 Hubbards Hill Rd 158.28 Taylor 103.00-03-02.000 Org. for Sustainable Environ. 3554 Hubbards Hill Rd 8.01 Taylor 103.00-03-04.000 Teutul, Paul 3514 Hubbards Hill Rd 10.01 Taylor 103.00-03-05.000 Teutul, Paul 3488 Hubbards Hill Rd 10.00 Taylor 103.00-03-06.000 Alberta, Jack 3472 Hubbards Hill Rd 15.04 Taylor 103.00-03-07.000 Stephen 3519 Union Valley Rd 10.05 Taylor 103.00-03-09.000 Forman Trust, Nancy Union Valley Rd 9.37 ---PAGE BREAK--- Taylor 103.00-03-10.000 Tanis, Mark Route 26 16.89 Taylor 103.00-03-11.000 Maiore, Jeanne A Union Valley Rd 12.08 Taylor 103.00-03-14.000 Hannan, Stephen 3426 Hubbards Hill Rd 7.53 Taylor 103.00-03-15.000 Fisher, Edward P 3440 Hubbards Hill Rd 10.07 Taylor 103.00-03-17.000 Shindel, Troy 3449 Hubbards Hill Rd 10.01 Taylor 103.00-03-20.000 George, David 3497 Hubbards Hill Rd 24.00 Taylor 103.00-03-22.000 Bertolet, Michael 3545 Hubbards Hill Rd 20.27 Taylor 111.00-01-02.000 Holt, Jay O Tarbell Rd 167.00 Taylor 111.00-01-03.000 Law, Donalou Tarbell Road 20.70 Taylor 111.00-01-04.000 Smith, Eric S Tarbell Rd 12.10 Truxton 19.00-01-03.000 Hartnett, Donel P Kettlebail Rd 500.80 Truxton 20.00-01-04.111 Hartnett, Donel P Route 91 167.80 Truxton 20.00-01-05.211 Hartnett, Donel P Route 91 177.80 Truxton 29.00-01-01.000 Palmer, Richard D 6720 Haights Gulf Rd 85.95 Truxton 29.00-01-23.000 Joule, Steven J 6639 Short Rd 14.66 Truxton 29.00-01-26.110 Maher, Daniel Short Rd 21.34 Truxton 29.00-02-01.000 Sniegon Joseph E 6729 Haights Gulf Rd 40.97 Truxton 29.00-02-02.000 Stevens Eldon 6665 Haights Gulf Rd 21.74 Truxton 29.00-02-03.110 Stevens, Vincent H Haights Gulf Rd 26.88 Truxton 29.00-02-03.120 Stevens, Vincent H 6638 Haights Gulf Rd 8.01 Truxton 29.00-02-04.000 Maiorano, Gary P Haights Gulf Rd 32.00 Truxton 30.00-01-30.000 O'Donnell, Francis P Route 91 25.00 Truxton 31.00-01-03.000 Smith, Dale Route 13 100.00 Truxton 39.00-01-16.100 Custer, Donald G 6382 Kenney Brook Rd 15.78 Truxton 39.00-01-16.210 Maher, Dennis A Kenney Brook Rd 62.99 Truxton 39.00-01-17.000 Maher, Dennis 6349 Kenney Brook Rd 35.52 Truxton 39.00-01-20.100 Maher, Dennis A 6286 Kenney Brook Rd 161.18 Truxton 39.00-01-28.111 Maher, Edward L 3597 Route 13 177.00 Truxton 39.00-01-28.112 Maher, Michael Route 13 19.30 Truxton 39.00-01-28.200 Maher, Brian F Route 13 122.87 Truxton 39.00-01-45.000 Johnson, Harvey Route 13 55.40 Truxton 39.00-01-47.111 Poole, Edward Route 13 15.10 Truxton 39.00-01-47.112 Johnson, Harvey Route 13 34.50 Truxton 39.00-01-47.120 McCall, Richard J 3507 Route 13 29.80 ---PAGE BREAK--- Truxton 39.00-01-48.000 Dawson, Carlton Haights Gulf Rd 4.74 Truxton 40.00-01-48.100 Sprouse, Wade 3920,3990 Bells Mills Rd 139.80 Truxton 40.00-01-49.110 Garrett, Brian J 4005 Singleton Rd 43.00 Truxton 40.00-01-53.110 Willi, John E 6167 South Hill Rd 79.20 Truxton 40.00-01-54.110 Ames, Kenneth F Crains Mills Rd 26.20 Truxton 40.00-01-56.100 Comerford, Michael E Crains Mills Rd 117.60 Truxton 40.00-01-56.200 Edinger, Kathy A 4219 Crains Mills Rd 20.40 Truxton 40.00-06-01.000 White, Maureen O Route 13 31.00 Truxton 40.00-06-03.000 O'Donnell, Matthew E Route 13 10.18 Truxton 40.00-06-11.000 Garrett, Ellen O Bells Mills Rd 15.00 Truxton 40.00-06-12.000 O'Donnell, Neal J Cheningo Rd 80.30 Truxton 40.00-06-17.111 Poole Family Trust 5891 Cheningo Rd 5.77 Truxton 40.00-06-17.112 Poole, Edward 6007 Cheningo Rd 147.60 Truxton 40.00-06-20.000 Hartnett, Valerie Cheningo Rd 12.00 Truxton 40.00-06-21.000 Garrett, Ellen O Cheningo Rd 13.50 Truxton 40.00-07-02.000 Reakes, Darrel Route 91 127.30 Truxton 40.00-07-03.100 Crandall, Duane 3977 Route 13 95.60 Truxton 40.00-07-04.100 McCall, Lloyd 4059 Route 13 15.29 Truxton 40.00-07-04.200 Ahrens, Norman Route 13 200.60 Truxton 40.00-08-18.000 Reakes, Darrel J 4107 Route 13 116.10 Truxton 41.00-01-01.000 Spicer, Jeffrey D 4399 Route 13 88.92 Truxton 41.00-01-07.120 Warner, Todd A Route 13 73.10 Truxton 41.00-03-04.000 Hollister, Steven R 4390 Route 13 14.46 Truxton 41.00-03-05.000 Young, Martin L 4181 Route 13 100.40 Truxton 49.00-01-04.110 Potter Estate Cheningo Rd 33.94 Truxton 49.00-01-04.200 Dove, Daniel R 5821 Cheningo Rd 340.19 Truxton 49.00-01-06.111 Twin Oaks Farm Route 13 293.90 Truxton 49.00-01-07.100 Arnold Trust, John 3167 Route 13 188.20 Truxton 49.00-01-08.000 Stevens, Jesse R Route 13 32.00 Truxton 49.00-01-11.100 Twin Oaks Farm Route 13 46.00 Truxton 49.00-01-11.200 Ruppert, Louis F 3215 Route 13 58.30 Truxton 49.00-01-13.111 Leet, Stephen C 3313 Route 13 19.50 Truxton 49.00-01-13.120 Twin Oaks Farm E. River Road 19.79 Truxton 49.00-01-14.000 Potter, Bruce D 5775 Cheningo Rd 27.03 ---PAGE BREAK--- Truxton 49.00-01-15.120 Mooney, Allen C E River Rd 7.50 Truxton 49.00-01-19.121 Twin Oaks Farm E River Rd 77.90 Truxton 49.00-01-19.122 McCracken, David Cheningo Rd 13.51 Truxton 49.00-02-01.100 Delvecchio Family LLC Kenney Brook Rd 97.80 Truxton 49.00-03-04.000 Twin Oaks Farm Route 13 175.50 Truxton 49.00-05-01.000 Potter, Stephanie A Kenney Brook Rd 2.42 Truxton 49.00-05-05.000 Potter, Stephanie A Route 13 5.77 Truxton 49.00-05-07.000 DelVecchio Family, LLC Route 13 28.10 Truxton 49.00-05-08.000 DelVecchio Family, LLC Route 13 33.00 Truxton 49.00-05-09.100 Potter, Daniel S Route 13 7.70 Truxton 49.00-05-09.200 Potter, Stephanie A Route 13 76.80 Truxton 49.00-05-10.000 Twin Oaks Farm Kenney Brook Rd 67.20 Truxton 50.00-01-03.100 O'Reilly, Lawrence T 5908 South Hill Rd 238.90 Truxton 50.00-01-07.000 Young, Otis 3907 Singleton Rd 418.50 Truxton 50.00-01-10.100 Ullrich, Brigette A 5656 Cheningo Rd 194.60 Truxton 50.00-01-10.200 Hart, Thomas J 5668 Cheningo Rd 6.13 Truxton 50.00-01-11.000 Murray, Leonard 5560 Cheningo Rd 178.50 Truxton 50.00-01-17.000 Ames, Kenneth F Brown Rd 40.80 Truxton 50.00-01-22.000 Young, Otis F Jr Cheningo Rd 75.50 Truxton 50.00-01-23.000 Hinkle, Carl E O'Donnell Rd 11.00 Truxton 50.00-01-25.000 O'Donnell, Matthew E Singleton Rd 75.00 Truxton 51.00-01-20.000 Ramshaw, J Brown Rd 60.00 Truxton 59.00-01-01.000 Young, Carleton L 3102 E River Rd 74.60 Truxton 59.00-01-02.111 Young, Roger A E River Rd 91.50 Truxton 59.00-01-02.120 Young, Carleton L E River Rd 83.50 Truxton 59.00-01-03.100 Young, Randall A E River Rd 8.50 Truxton 59.00-01-04.121 McGuire, Josephine Maybury Rd 8.30 Truxton 59.00-01-04.122 Feint, Walter M 5420 Maybury Rd 42.10 Truxton 59.00-01-05.000 Young, Carleton L 3225 E River Rd 57.10 Truxton 59.00-01-08.000 McGuire, Josephine M 3355 E River Rd 182.80 Truxton 59.00-01-12.110 Curtis Trust, Charles H Maybury Rd 151.46 Truxton 59.00-01-12.120 Curtis, Lisa M 5358 Maybury Rd 0.00 Truxton 59.00-01-13.100 Zarnowski, Jeffery J 5296 Town Line Rd 20.27 Truxton 59.00-01-13.200 Zarnowski, Jeffery J Town Line Rd 63.10 ---PAGE BREAK--- Truxton 59.00-01-19.000 Stevens, Jesse Robert Maybury Rd 39.95 Truxton 59.00-02-01.000 Holdrege, Lloyd 3467 W Cheningo Rd 69.70 Truxton 59.00-02-04.100 Stevens, Jesse R Sr Bell Rd 172.59 Truxton 59.00-02-04.200 Warren, Barry Bell Rd 2.24 Truxton 59.00-02-11.120 Rent-Rite Apartments LLC Maybury Rd 246.00 Truxton 59.00-03-03.000 Gilbert, Iva 5180 Town Line Rd 147.22 Truxton 59.00-03-04.000 Crumb, David L 5106 Town Line Rd 14.65 Truxton 59.00-04-02.100 Law Property Group LLC 5310 Maybury Rd 111.90 Truxton 59.00-04-06.000 Stevens, Jesse Robert 5158 Maybury Rd 118.00 Truxton 59.00-04-07.000 Mitro, Mary Susan 5235 Maybury Rd 9.36 Truxton 59.00-05-01.000 Young, Roger A E River Rd 5.23 Truxton 59.00-05-02.000 VanValkenburg, Paul E River Rd 5.23 Truxton 59.00-05-04.000 Henry, Adam 3288 E River Rd 7.09 Truxton 59.00-05-07.000 Young, Roger A Maybury Rd 34.28 Truxton 59.00-05-08.000 Young, Paul R 5419 Maybury Rd 35.00 Truxton 60.00-01-03.111 Hinkle, Carl E 5493 O'Donnell Rd 431.38 Truxton 60.00-01-07.200 PMP Realty, LLC 5278 Cheningo Rd 67.70 Truxton 60.00-01-17.100 Fraser, Elizabeth A 3974,3980 W Cheningo Rd 84.84 Truxton 60.00-01-17.200 Fraser, Elizabeth A W Cheningo Rd 35.97 Truxton 60.00-01-35.100 Wil-Wood Dairies 4072 N Tower Rd 33.40 Truxton 60.00-01-35.200 PMP Realty, LLC W Cheningo Rd 45.70 Truxton 60.00-02-02.000 Amsden, David N 5426 Gridley Rd 46.52 Truxton 60.00-02-18.100 Murray, Janis I 5546 Gridley Rd 25.30 Truxton 60.00-02-18.200 Young, Cecelia E Gridley Rd 562.10 Truxton 60.00-03-02.000 Malchak, Stephen A W Cheningo Rd 100.50 Truxton 60.00-03-05.000 PMP Realty LLC 5263 Sprouse Rd 97.80 Truxton 61.00-01-05.100 Benz, Gregory C Black Warrior Rd 87.90 Truxton 61.00-01-08.120 Eccleston, Brett M Cheningo Solon Pond Rd 44.90 Truxton 61.00-01-08.200 Stauffer, Carson Cheningo Solon Pond Rd 76.50 Truxton 61.00-01-27.100 Benz, Gregory C 5496 Cheningo Solon Pond Rd 149.50 Truxton 69.00-01-01.000 Schueren, Joseph M 5058 Town Line Rd 123.00 Truxton 69.00-01-02.100 Ashley, Bonnie L 5006 Maybury Rd 15.00 Truxton 69.00-01-02.200 Farm East LLC 5035 Maybury Rd 310.60 Truxton 69.00-01-03.100 Miller, Lisa K 5020 Town Line Rd 117.14 ---PAGE BREAK--- Truxton 70.00-01-02.120 Sullivan, Terry L 5045 N Tower Rd 31.60 Virgil 105.00-03-11.000 Williams, Stephen R 2836 Webb Rd 12.69 Virgil 105.00-05-02.000 Scenic Meadows, LLC 711 Sherman Rd North 33.12 Virgil 105.00-05-05.000 Gutchess, Joseph H 742 Sherman Rd North 9.03 Virgil 105.00-05-06.200 Scenic Meadows LLC Sherman Rd North 4.01 Virgil 105.00-05-08.110 Worsell, Donald 660 Sherman Rd North 21.79 Virgil 105.00-05-08.120 Worsell, Donald Sherman Rd North 10.29 Virgil 105.00-05-08.200 Scenic Meadows, LLC Sherman Rd North 13.11 Virgil 105.00-05-09.100 Carpenter Family Trust 627 Sherman Rd North 7.58 Virgil 105.00-05-10.000 Carpenter, Robert M Jr 635 Sherman Rd North 7.18 Virgil 105.00-07-01.000 Elm Tree Realty, LLC Route 13 43.80 Virgil 105.00-07-06.000 Farm East, LLC 375 Route 13 22.70 Virgil 105.00-07-12.000 Reigning Miracle Ministry, Inc 2891 Douglas Rd 16.53 Virgil 105.00-08-03.000 Davis, Mary M Sherman Rd North 18.90 Virgil 105.00-08-07.000 Thompson, Lyn 870 Sherman Rd North 13.45 Virgil 105.00-08-09.000 Shapiro, Howard 878 Sherman Rd North 22.41 Virgil 106.00-01-05.110 Bays, John M 3011 Route 215 173.40 Virgil 106.00-01-15.000 Bays, John M Route 215 2.20 Virgil 106.00-04-01.000 Drach Trust, Charles J Page Green Rd 63.63 Virgil 106.00-04-03.200 Goodfellow, Chad 1529 Tower Rd 9.43 Virgil 106.00-04-05.000 Christmas, Leo D Tower Rd 5.25 Virgil 106.00-04-06.000 George B Page Green Rd 93.62 Virgil 106.00-05-04.000 Borek, John S Cortland Virgil Rd 16.65 Virgil 106.00-05-05.000 Borek, John L S Cortland Virgil Rd 117.50 Virgil 106.00-06-01.000 Shapiro, Howard I Sherman Rd North 19.64 Virgil 106.00-06-04.000 Quackenbush, Bonnie 2891 S Cortland Virgil Road 17.95 Virgil 106.00-06-06.000 Block, Anne E 2889 S Cortland Virgil Road 7.10 Virgil 106.00-06-10.000 South Virgil Development LLC 2885 S Cortland Virgil Rd 10.83 Virgil 106.00-07-05.000 Joseph 1437 Congdon Ln 19.40 Virgil 106.00-07-06.000 Woodworth, Kenneth M 1463 Congdon Ln 7.55 Virgil 106.00-07-07.000 Drach Trust, Charles J Congdon Ln 5.93 Virgil 107.00-01-07.110 Bentley, Douglas P 1888 Tower Rd 58.12 Virgil 107.00-01-07.120 Brown, Scott A 1956 Tower Rd 60.87 Virgil 107.00-01-11.100 Hall, Jeffrey 2110 Tower Road 87.00 ---PAGE BREAK--- Virgil 107.00-01-11.200 Morton, John L 2066 Tower Rd 81.70 Virgil 107.00-01-16.110 Karn, Roger 3019,3025 Clute Rd 73.69 Virgil 107.00-01-16.120 Plunkett, John 2180 Tower Rd 13.00 Virgil 107.00-01-16.200 Hall, Jeffrey D Tower Rd 6.00 Virgil 107.00-01-22.200 Morton, John Tower Road 71.45 Virgil 107.00-02-04.100 Umbehauer, Craig Lash Rd 6.90 Virgil 107.00-02-04.200 VanDonsel, Robert H Lash Rd 39.00 Virgil 107.00-02-07.100 Morse, John 1724 Tower Rd 99.40 Virgil 107.00-02-07.200 Fitzgerald, Daniel 1676 Tower Rd 10.00 Virgil 107.00-02-09.000 Gallagher, Daniel E 1826 Tower Rd 10.00 Virgil 107.00-02-10.000 Edwards, Linda F 1854 Tower Rd 28.15 Virgil 115.00-01-19.110 Denniston, Ronald C 262,289 W State Rd 196.80 Virgil 115.00-01-20.200 Denniston, Ronald C Old Dryden Rd 3.67 Virgil 115.00-02-17.111 Jacobs, Donel Leon Nye Rd 24.80 Virgil 115.00-02-17.112 Jacobs, Donel Leon 2745 Webb Rd 8.68 Virgil 115.00-02-18.110 Ford, Roy M 2786 Webb Rd 42.50 Virgil 115.00-02-19.000 Willwerth, Lyn S 2760 Webb Rd 28.75 Virgil 115.00-11-09.200 Sherman, Vaughn Edsall Road 27.36 Virgil 115.00-13-01.000 Jacobs, Donel L Webb Rd 11.87 Virgil 115.00-13-04.111 Gutchess, Adam H 2668 Webb Rd 8.09 Virgil 115.00-13-04.120 Hingher, Tom Webb Rd 10.00 Virgil 115.00-13-04.200 Hingher, Thomas R Webb Rd 34.73 Virgil 115.00-14-02.000 Rose Dante' Farms, LLC S Cortland Virgil Rd 20.00 Virgil 115.00-14-03.000 Logan, Walter J 2754 S Cortland Virgil Rd 2.57 Virgil 115.00-14-05.100 Sherman, Carl 2727 S Cortland Virgil Rd 82.30 Virgil 115.00-14-06.000 Logan, Walter J S Cortland Virgil Rd 230.20 Virgil 115.00-14-18.000 Knutson, Stacy L 2809 S Cortland Virgil Rd 79.73 Virgil 115.00-14-19.000 Knutson, Stacy L S Cortland Virgil Rd 10.01 Virgil 116.00-01-03.000 Cutler, Willis 2844 S Cortland Virgil Rd 55.60 Virgil 116.00-01-37.120 Pierce, Stanley R Holler Rd 50.01 Virgil 116.00-01-37.200 Livingstone, James A 2418 Route 215 52.74 Virgil 116.00-01-47.000 Doyle, Frederick M Jr 2598 Route 215 7.80 Virgil 116.00-01-59.000 Logan, Walter J S Cortland Virgil Rd 20.30 Virgil 116.00-02-01.000 Povero, James E 2584 Holler Rd 6.11 ---PAGE BREAK--- Virgil 116.00-02-02.000 Povero, James E Holler Rd 206.50 Virgil 116.00-04-02.000 Drach, Larry J 1520 Congdon Ln 9.94 Virgil 116.00-05-06.100 Sherman, Gary L 2630 S Cortland Virgil Rd 103.71 Virgil 116.00-06-01.000 Harmon, Bennett C 2649 Holler Rd 20.12 Virgil 116.00-06-06.000 Peters, Henry R 2601 Holler Rd 5.46 Virgil 116.00-06-08.100 Stull, Nelson R Holler Rd 26.55 Virgil 116.00-06-10.000 Pierce, Stanley R 2539 Holler Rd 12.55 Virgil 116.00-07-03.000 Pierce, Stanley Holler Rd 71.43 Virgil 116.00-07-04.110 McSloy, Frank W Holler Rd 3.22 Virgil 116.00-07-09.000 Dedrick, Henry Congdon Ln 10.14 Virgil 116.00-07-10.000 Dedrick, Henry Congdon Ln 10.00 Virgil 116.00-08-01.000 Seibel, George Route 215 86.42 Virgil 117.00-01-26.110 VanDonsel, Robert H 2735 Lash Rd 82.70 Virgil 117.00-01-27.100 Fitzgerald, Terrance D 2906 Lash Rd 45.91 Virgil 117.00-01-31.000 VanDonsel, Robert Lash Rd 63.00 Virgil 117.00-02-03.100 Angell, Barbara I 2759,2763 Clute Rd 281.87 Virgil 117.00-02-12.000 Eastman, Wayne C 2769 Clute Rd 2.00 Virgil 117.00-06-04.000 Rowland, Seth D 2824 Page Green Rd 8.10 Virgil 117.00-06-05.000 VanDonsel, Robert H Page Green Rd 38.84 Virgil 117.00-06-07.111 Dedrick, Henry Page Green Rd 42.04 Virgil 125.00-01-23.000 Copper Hawk Ltd Inc 2197 Kohne Rd 400.63 Virgil 125.00-01-24.000 Yaw, Thomas 2136 Budzinski Road 33.24 Virgil 125.00-01-54.110 Hand, Robert J 1940 Puderbaugh Rd 203.60 Virgil 125.00-01-54.200 Hand, Bonnie P Kohne Rd 7.89 Virgil 125.00-01-61.000 Yaw, Thomas Budzinski Road 52.30 Virgil 125.00-02-01.000 Sprague, Jeannine 876 W State Rd 123.00 Virgil 125.00-02-08.000 Hammond, Michael Curtis Road 61.99 Virgil 125.00-02-18.000 Pestle, David L 963 Church St 25.65 Virgil 125.00-03-04.000 Sherman, Vaughn M 2219 Gee Hill Rd 291.10 Virgil 125.00-03-13.000 Yaw, Thomas P Budzinski Rd 18.20 Virgil 125.00-03-14.000 Dewey, Elizabeth A Budzinski Rd 9.26 Virgil 126.00-01-35.100 Beardsley, David S 2242 Route 215 11.88 Virgil 126.00-01-35.220 Ligas, Josh 2359 Holler Rd 7.56 Virgil 126.00-01-49.110 Ligas, Mark M 2359 Holler Rd 2.40 ---PAGE BREAK--- Virgil 126.00-03-02.000 Punsal, Larry S Cortland Virgil Rd 45.17 Virgil 126.00-03-03.000 Gambitta, Carl S Cortland Virgil Rd 5.04 Virgil 126.00-03-05.000 Gambitta, Robert F 2451 S Cortland Virgil Rd 7.74 Virgil 126.00-03-06.000 Gambitta, Robert F 2437 S Cortland Virgil Rd 9.91 Virgil 126.00-03-09.000 Stegeland, Michael G 2381 S Cortland Virgil Rd 7.50 Virgil 126.00-03-10.000 Spallone, John L 2361 S Cortland Virgil Rd 8.83 Virgil 126.00-03-11.000 Mitteer, Brian R 2345 S Cortland Virgil Rd 9.71 Virgil 126.00-03-12.000 Mitteer, Brian R S Cortland Virgil Rd 10.29 Virgil 126.00-03-13.000 Donovan, Daniel 2303 S Cortland Virgil Rd 11.26 Virgil 126.00-03-14.000 House, Charles J 2271 S Cortland Virgil Rd 10.30 Virgil 126.00-03-15.000 Shapiro, Howard W State Rd 8.58 Virgil 126.00-03-16.000 Jubran, Isa S W State Rd 12.04 Virgil 126.00-03-20.000 Klamm, John 2213 S Cortland Virgil Rd 5.28 Virgil 126.00-04-02.000 Hammond, Michael S W State Rd 85.60 Virgil 126.00-04-04.000 Clark, Ruby W State Rd 33.80 Virgil 126.00-04-05.000 Fitts, James E W State Rd 9.05 Virgil 126.00-04-07.000 Fitts, James E 1010 W State Rd 6.58 Virgil 126.00-04-11.000 Walker, Robert R Jr W State Rd 7.82 Virgil 126.00-04-15.000 McGuinness Estate, Leo H W State Rd 37.25 Virgil 126.00-05-09.000 Bays, Delores L Route 392 5.40 Virgil 126.00-05-19.120 Bays, Delores L 1101 Church St 2.44 Virgil 126.00-05-20.100 Connelly, Stanley Church St 162.30 Virgil 126.00-05-20.200 Connelly, Stanley J Jr 1041 Church St 5.08 Virgil 126.00-07-01.000 Benner, Nicholas Holler Rd 11.15 Virgil 126.00-07-03.000 Benner, Nicholas Holler Rd 33.70 Virgil 126.00-07-09.000 Power, Gerald 1458 Route 392 33.50 Virgil 126.00-07-10.000 Benner, Nicholas Route 392 9.84 Virgil 126.00-10-05.000 Eckard, Robert C Sr Timmerman Hill Rd 1.00 Virgil 126.00-10-06.000 Eckard, Robert C Sr. Timmerman Hill Rd 6.92 Virgil 126.00-10-07.000 Power, Gerald K VanDonsel Rd 55.50 Virgil 126.00-10-08.000 Power, Gerald K VanDonsel Rd 3.41 Virgil 126.00-10-11.100 Power, Gerald K VanDonsel Rd 4.00 Virgil 126.00-10-13.000 Peck, Amanda L 1312,1409 VanDonsel Rd 127.64 Virgil 126.00-11-01.000 Peck, Amanda L Route 392 113.00 ---PAGE BREAK--- Virgil 126.00-11-02.000 Ford, Donald 1377 Route 392 29.05 Virgil 126.00-11-06.000 Power, Gerald Holler Rd 22.37 Virgil 126.00-11-12.000 Holler, James 2296 Holler Rd 225.40 Virgil 126.00-11-13.000 Snover, Richard L 1497 Route 392 9.00 Virgil 126.00-11-14.000 Snover, James W Route 392 51.00 Virgil 126.00-11-18.000 Benner, Nicholas J 1564,1592 Route 392 198.75 Virgil 127.00-01-01.000 VanDonsel, Robert 2389 Page Green Rd 217.20 Virgil 127.00-01-09.110 Kenneth Page Green Rd 69.57 Virgil 128.00-01-03.110 Evanick, John 2260 Snyder Hill Rd 163.00 Virgil 128.00-01-03.120 Evanick, John 2156 Snyder Hill Rd 30.00 Virgil 128.00-01-03.200 Evanick, John Jr Snyder Hill Rd 11.00 Virgil 128.00-01-10.000 Provine, William B 2003 W River Rd 137.00 Virgil 128.00-01-16.120 Evanick, John 2082 Snyder Hill Rd 34.61 Virgil 135.00-01-02.000 Jacobson, Robert 1767 Gee Hill Rd 140.00 Virgil 135.00-01-03.100 Sega Family Real Estate Trust 549 Route 392 109.90 Virgil 135.00-01-04.000 Sega Family Real Estate Trust Gee Hill Rd 22.00 Virgil 135.00-01-05.100 Two Sisters ETAL LLC 1965 Kohne Rd 17.62 Virgil 135.00-01-05.220 Bennett, Brad M Kohne Rd 199.60 Virgil 135.00-01-28.000 Sega Family Real Estate Trust 1668 Route 392 98.80 Virgil 135.00-01-30.000 Sega, Joseph H Route 392 41.60 Virgil 135.00-01-31.100 Jacobson, Robert Route 392 97.26 Virgil 135.00-01-32.000 Downey, Willard G 1664 Route 392 46.00 Virgil 135.00-01-33.000 Palmer, John E 1481 Palmer Rd 78.19 Virgil 135.00-01-34.000 Sega, Joseph H 362 Route 392 92.20 Virgil 135.00-01-36.000 Sega, Joseph H 384 Route 392 1.00 Virgil 135.00-01-38.000 Sega, Joseph H Palmer Rd 60.57 Virgil 135.00-01-40.000 Sega Family Real Estate Trust 520 Route 392 98.20 Virgil 135.00-01-41.110 Palmer, John E Virgil Creek Rd 39.90 Virgil 135.00-01-41.120 Palmer, John E Virgil Creek Rd 5.00 Virgil 135.00-01-50.000 Saltland Farm LLC 1552 Daisy Hollow Rd 148.60 Virgil 135.00-01-51.000 Fitch, Hollis 1587 Daisy Hollow Rd 125.30 Virgil 135.00-01-62.000 Sega Family Real Estate Trust Virgil Creek Rd 2.00 Virgil 135.00-03-01.100 Knopf, Suanne 1646 Daisy Hollow Rd 73.70 Virgil 135.00-03-02.000 Saltsman, Debra Jo Daisy Hollow Rd 12.10 ---PAGE BREAK--- Virgil 135.00-03-04.000 Knopf, Suanne 1725 Daisy Hollow Rd 68.50 Virgil 135.00-03-05.000 Helms, John R Owego Hill Rd 5.00 Virgil 135.00-03-06.000 Helms, John R Owego Hill Rd 5.00 Virgil 135.00-03-12.000 Saltland Farm LLC Daisy Hollow Rd 10.00 Virgil 135.00-03-13.000 Price, James M 1854 Daisy Hollow Rd 39.31 Virgil 135.00-03-14.000 Saltsman, Thelma 1646 Daisy Hollow Rd 52.10 Virgil 136.00-01-02.000 Connelly, Stanley 1020 Route 392 59.50 Virgil 136.00-01-07.000 Connelly, Stanley Route 392 51.60 Virgil 136.00-01-23.110 Harris, Paul N 1867 Owego Hill Rd 125.83 Virgil 136.00-01-23.120 Helms, John R Owego Hill Rd 1.30 Virgil 136.00-01-23.200 Connelly, Stanley Route 392 0.00 Virgil 136.00-01-24.000 Helms, Linda 1791 Owego Hill Road 10.68 Virgil 136.00-01-26.100 Helms, Linda Owego Hill Road 6.19 Virgil 136.00-01-34.100 Kimmich, Rosalind Babcock Hollow Rd 16.84 Virgil 136.00-01-34.200 Millen, Roger Babcock Hollow Rd 137.70 Virgil 136.00-01-39.000 Helms, Linda Owego Hill Road 0.29 Virgil 137.00-01-18.100 Harris, James M 1672 VanDonsel Rd 12.06 Virgil 137.00-01-18.212 Lathrop, James O'Dell Rd 12.20 Virgil 137.00-01-18.220 Haynes, Daniel A O'Dell Rd 7.47 Virgil 138.00-05-01.000 Pitman, John M Parker St 10.33 Virgil 138.00-05-02.000 Pitman, John M Parker St 47.42 Virgil 139.00-01-03.112 Hoyt, Gary Route 392 0.00 Virgil 139.00-01-03.120 Brickner, Lawrence R 2985 Route 392 65.00 Virgil 139.00-01-07.100 Hoyt, Gary 1641 Francis Rd 103.80 Willet 141.00-01-01.000 Sautter, Stephen Bloody Pond Road 27.00 Willet 141.00-01-02.100 Sautter, Stephen 1553 Bloody Pond Road 76.00 Willet 141.00-01-03.000 Sautter, Stephen Bloody Pond Road 155.50 Willet 142.00-01-06.110 Littlel, James Route 26 & 41 46.25 Willet 142.00-01-06.120 Littlel, James Route 26 16.00 Willet 142.00-01-07.120 NYS Electric & Gas Corp Route 26 7.13 Willet 142.00-01-07.220 Glassford, Neil E Beach Rd 10.50 Willet 142.00-01-12.000 Southern Tier Real Est 3, LLC 1498 Lower Cincinnatus Rd 174.00 Willet 142.00-01-13.100 Hamrock, Jarlath Mooney Hill Rd 115.50 Willet 142.00-01-13.200 Hamrock, Jarlath Mooney Hill Rd 230.00 ---PAGE BREAK--- Willet 142.00-02-11.200 Rice, Joshua Beach Rd 12.75 Willet 143.00-01-02.000 Briggs, Richard H 1650 Staley Rd 106.21 Willet 143.00-01-04.110 Briggs, Richard H German Rd 122.25 Willet 150.00-01-18.200 Sautter, Stephen Johnson Road 6.00 Willet 150.00-01-20.000 Hall, Bryan S Turner Hill Rd 1.40 Willet 150.00-01-26.000 Hall, Bryan S Turner Hill Rd 68.80 Willet 150.00-01-27.111 Hall, Bryan S Route 221 51.30 Willet 150.00-01-27.112 Huizinga, John R Route 221 33.90 Willet 150.00-01-28.111 Casadia, Anthony Bloody Pond Rd 50.90 Willet 150.00-01-31.110 Raymond C 1130 Bloody Pond Rd 55.50 Willet 151.00-01-06.120 Turshman, Eugene J 5350 Conrad Rd 7.70 Willet 151.00-01-17.110 Crandall, Vincent Bloody Pond Rd 19.10 Willet 151.00-01-17.200 Fox, Laura L 1266 Bloody Pond Rd 5.89 Willet 151.00-01-38.100 Salamone, Peter 1149 Johnson Rd 101.95 Willet 151.00-01-42.000 Currier, Mark W Route 221 10.48 Willet 151.00-01-44.000 Delvecchio Family, LLC Johnson Rd 75.00 Willet 151.00-01-46.000 Lutz Trust Route 221 66.33 Willet 152.00-01-02.200 Marotti, Robert R Sr German Rd 143.20 Willet 159.00-01-08.110 Hatch, Vincent V 826 Fish Hill Rd 225.85 Willet 159.00-01-18.000 Gofkowski, Brian C Reagan Hill Rd 72.00 Willet 159.00-02-04.100 Potter, Allie Route 221 19.58 Willet 159.00-02-04.200 Parsons, Michael G Route 221 18.05 Willet 159.00-02-07.100 Potter, Timothy L 925 Barry Hollow Rd 70.52 Willet 159.00-04-01.000 Huizinga, John R Route 221 39.00 Willet 159.00-04-03.000 Huizinga, John R Route 221 27.00 Willet 159.00-04-04.000 Mosciwski, Jerzy Fish Hill Rd 41.60 Willet 159.00-04-07.000 Kenyon, Jason R 4846 Route 221 14.71 Willet 160.00-01-12.100 Brown, Phillip 1111 Route 26 299.00 Willet 160.00-01-26.110 Brown, Philip Route 26 26.80 Willet 160.00-01-26.210 Laudig, Joseph 862 Route 26 20.20 Willet 160.00-01-27.000 Brown, Kurtis C 810 Route 26 112.46 Willet 160.00-01-33.000 Gofkowski, Brian C 5100,5110 Salisbury Rd 205.75 Willet 160.00-03-02.000 Flint, Kenneth A 1054 Johnson Rd 10.08 Willet 160.00-03-03.000 Spiehs, Benno 5159 Route 221 150.89 ---PAGE BREAK--- Willet 160.00-03-04.000 Currier, Mark W 5375 Route 221 8.97 Willet 160.00-03-06.000 Januszka, Lawrence J 5357 Route 221 11.33 Willet 160.00-03-09.000 Warner, Larry 5287 Route 221 17.41 Willet 160.00-03-11.100 Brown, Mark A 5216 Route 221 52.41 Willet 161.00-01-01.000 Brown, Philip Webb Rd 30.00 Willet 161.00-01-07.000 Brown, Philip D Webb Rd 16.75 Willet 168.00-01-06.100 Doty, Alvin W Jr 388 Fish Hill Rd 110.40 Willet 168.00-01-06.200 Kemak, Matthew P 399 Fish Hill Rd 3.07 Willet 168.00-04-11.000 Doty, Alvin 87 Doty Rd 62.30 Willet 168.00-04-13.100 Doty, Alvin W Jr 218 Doty Rd 89.84 Willet 170.00-01-34.110 Wrobel, Heston 320 Boy Scouts Rd 96.10 ---PAGE BREAK--- Town Total Acreage Parcel Count Cincinnatus 6,682.37 90 Cortlandville 11,953.87 201 Cuyler 8,059.78 101 Freetown 7,247.47 119 Harford 5,394.88 88 Homer 20,765.87 301 Lapeer 4,271.37 56 Marathon 7,646.16 114 Preble 8,351.20 96 Scott 4,328.51 73 Solon 4,690.60 70 Taylor 8,647.16 128 Truxton 10,770.45 127 Virgil 9,328.01 193 Willet 3,648.61 55 Total 121,786.31 1812 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 1 - 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. Resolution No. 168-13 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 2 - 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 4, 2012 Revised 4-26-12, 6-27-13 - 3 - 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 4, 2012 Revised 4-26-12, 6-27-13 - 4 - 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 4, 2012 Revised 4-26-12, 6-27-13 - 5 - 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 4, 2012 Revised 4-26-12, 6-27-13 - 6 - 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 4, 2012 Revised 4-26-12, 6-27-13 - 7 - 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 4, 2012 Revised 4-26-12, 6-27-13 - 8 - 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) ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 9 - 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 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); ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 10 - 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. 3. The Chair’s term will be through December 31 in the next odd-numbered year ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 11 - 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 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 12 - 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; 2. proceed to the business in the manner prescribed by these Rules, unless there is no quorum; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 13 - 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; 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 14 - 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; 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 15 - 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; 2. the Chair of the appropriate committee(s); 3. the Majority Leader; 4. the Minority Leader; and 5. other appropriate individuals. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 16 - 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; H. shall, in accordance with County Law, Section 450, determine which official shall perform a particular power or duty not clearly defined by law; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 17 - 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, 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 18 - 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) ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 19 - 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; 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 4, 2012 Revised 4-26-12, 6-27-13 - 20 - 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); 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 4, 2012 Revised 4-26-12, 6-27-13 - 21 - 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; 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; ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 22 - 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; 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); ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 23 - 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. 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 24 - 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 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 25 - 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 ) 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 26 - 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) ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 27 - ARTICLE IX ORDER OF BUSINESS 1. The order of business at each meeting of the Legislature shall be as follows, unless modified by the Chair in accordance with 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 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 28 - ARTICLE X MOTIONS AND THEIR PRECEDENCE 1. When the Legislature is considering a question, motions shall have precedence over another in the order stated below: a. To adjourn b. To recess c. To lay on the table d. Previous question e. To postpone to day certain f. To commit (refer to a committee) g. To go into Committee of the Whole h. To go into Executive Session i. To amend j. To postpone indefinitely k. Main motion 2. The privileged motions to adjourn, and the motions for the previous question, and to lay on the table are not amendable. The privileged motion to recess may be amended only as to the length or time of the recess. A motion to postpone to day certain may be amended only as to the day to which the question is postponed. 3. The privileged motion to adjourn, and to recess, and the motions for the previous question, to lay on the table, and to table to day certain are not debatable. 4. A motion to adjourn shall not be made while the Chair is putting a question, while a member has the floor, while the Clerk is taking a roll call vote, or while the Legislature is in the Committee of the Whole. 5. A question of privilege may be raised while another member has the floor. 6. Any question shall be laid on the table or postponed to day certain only once. 7. The Legislature, while in Committee of the Whole, shall not exercise Legislative powers and shall be presided over by a temporary Chair. The only motions that are in order under Committee of the Whole are to amend and adopt the report to be given and to “rise and report.” Any formal action must be taken in the regular Legislative body. Committee of the Whole cannot refer the issue under consideration to another committee. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 29 - 8. When in Executive Session, the Legislature shall operate under these rules insofar as they are applicable. Proceedings in Executive Session shall be confidential unless the Legislature votes otherwise. 9. Any Committee may be discharged from further consideration of any matter entrusted to it by these Rules upon a majority vote of the whole number of members. The matter shall automatically be placed by the Clerk on the agenda for the next meeting. 10. A motion to reconsider any vote must be made on the day the vote proposed to be reconsidered was taken or at the next regular meeting of the Legislature. Such motion may be made only by a member voting on the prevailing side or a member excused by the Chair. Such motion may be made under any order. 11. A motion to rescind any resolution or motion shall be made only when no motion is on the floor. It shall require the affirmative vote of the total weighted vote in the same proportion as required for the original adoption for approval. ARTICLE XI RULES OF VOTING 1. A majority of the total vote (weighted vote) of the whole number of members of the Legislature (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. 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. ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 30 - 7. Any member shall have the right to have his/her vote on any question recorded and entered in the minutes upon his/her request, without explanation and without requesting a roll call vote. 8. An absent legislator cannot vote for or against a motion, however, mathematically the legislature cannot reduce the total number of weighted votes. A member recorded as absent or excused shall have no vote. The total number of weighted votes cannot be reduced by an absence or excuse of a member, so the total vote required to adopt any motion shall be based on the total vote of the full Legislature. ARTICLE XII COMMITTEES 1. Members of all Standing Committees shall be appointed for terms of two years, or until reassigned or removed by the Chair, commencing January 1 of the even-numbered year, but nothing herein contained shall be construed to allow any person to continue to serve on any Committee after ceasing to be a member of the Legislature. 2. In accordance with 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. 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 4, 2012 Revised 4-26-12, 6-27-13 - 31 - 9. Any item having an unbudgeted financial impact on Cortland County shall be presented to the Budget and Finance Committee before being presented to the full Legislature. Resolutions not approved by the Budget and Finance Committee shall be so noted when presented to the Legislature. 10. Each Standing Committee shall fulfill the responsibilities assigned to it 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 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: ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 32 - 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 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 33 - 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 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 ---PAGE BREAK--- CORTLAND COUNTY LEGISLATURE RULES OF ORDER Adopted January 4, 2012 Revised 4-26-12, 6-27-13 - 34 - 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--- Resolution 189-13 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---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 276-13 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Personnel Contracts Contractor Service Provided Period Amount Account Number(s) PSTEK Software Support 12/31/13 - 12/31/15 5,985.00 A14305 - 54015 Family and Children's Services of Ithaca Counseling 12/31/13 - 12/31/15 * 18,500 A14305 - 54500 Resources Testing 12/31/13 - 12/31/15 * A14305 - 54500 Family Health Network Physicals 12/31/13 - 12/31/15 * A14305 - 54500 Coughlin & Gerhart, LLP Legal Services 12/31/13 - 12/31/15 35,000 A14305 - 54055 YMCA Agilities 12/31/13 - 12/31/15 * A14305 - 54050 Hogan Drug and Alcohol Testing, LLP Drug/Alcohol Testing 12/31/13 - 12/31/15 * A14305 - 54500 EBS Benefit Solutions - Dental Admin./Bills 12/31/13 - 12/31/15 CH9060554055 EBS Benefit Solutions - Vision Admin./Bills 12/31/13 - 12/31/15 CH9060554055 EBS Benefit Solutions - Flex Admin./Bills 12/31/13 - 12/31/15 CH9060554055 * not to exceed 18,500 not to exced 35,000 Health Insurance Account j/company contracts/personnel contracts Resolution 296-13 ---PAGE BREAK--- TENNATIVE 2014 GRADE AND STEP FOR MANAGEMENT CONFIDENTIAL BASED ON A 1.5% INCREASE 1 2 3 4 5 6 Grade hire rate 2 year 4 year 6 year 8 year 10 year 1 $77,069 $80,153 $83,358 $86,692 $90,159 $93,766 2 $71,691 $74,561 $77,542 $80,643 $83,868 $87,224 3 $66,691 $69,358 $72,132 $75,018 $78,018 $81,138 4 $62,037 $64,518 $67,100 $69,783 $72,575 $75,477 5 $57,709 $60,018 $62,418 $64,914 $67,511 $70,212 6 $53,683 $55,830 $58,063 $60,385 $62,801 $65,313 7 $49,937 $51,936 $54,012 $56,173 $58,420 $60,757 8 $46,452 $48,312 $50,246 $52,254 $54,344 $56,518 9 $43,213 $44,941 $46,739 $48,608 $50,552 $52,574 10 $40,198 $41,806 $43,479 $45,216 $47,027 $48,907 11 $34,107 $35,471 $36,890 $38,366 $39,900 $41,496 5 $19.6966 $20.4845 $21.3039 $22.1560 $23.0422 $23.9640 4 $18.2070 $18.9352 $19.6926 $20.4804 $21.2995 $22.1516 3 $17.5066 $18.2070 $18.9352 $19.6926 $20.4804 $21.2995 2 $16.8334 $17.5066 $18.2070 $18.9352 $19.6926 $20.4804 1 $16.1859 $16.8334 $17.5066 $18.2070 $18.9352 $19.6926 NOTE: Change annual salaries to hourly when computing salaries for individuals in Grade 1-11 if there is a step movement. There are 261 work days in 2014. Management Confidential Resolution 332-13 ---PAGE BREAK--- 2014 Grade 1 Public Defender County Attorney Commissioner of Social Services Director of Information Technology Public Health Director Director, Comm. Mental Health Services Grade 2 Supt. Highways 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 Grant Administrator Director of Environmental Health Grade 6 Director Hospice Director of Social Services Director of Administrative Services Clinical Dir of MH Programs Director of Jacobus Center Grade 7 Bldg. & Gr. Superintendent Medical Director Medical Advisor Grade 8 Deputy Personnel Officer Fiscal Manager 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 Measurers Administrative Services Manager Grade 11 Deputy County Clerk Motor Vehicle Director Asst. Director of Emergency Response & Communications Safety Officer Coroner County Treasurer Fiscal Officer Trainee MANAGEMENT COMPENSATION 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--- EFFECTIVE FOR FEB. 1, 2014 HEALTH/DENTAL/VISION INSURANCE RATES HEALTH INSURANCE RATES 2013 RATES 2014 RATES Individual $682.69 $ 696.34 Family $1660.54 $1693.75 Employees Total Employee County Employee Share County Share Premium Share Share Per Pay Check Per Pay Check S10 696.34 69.63 626.71 32.17 289.25 S20 696.34 139.27 557.07 64.25 257.13 S30 696.34 208.90 487.44 96.42 224.99 F10 1693.75 169.38 1524.37 78.20 703.55 F20 1693.75 338.75 1355.00 156.36 625.42 F30 1693.75 508.13 1185.62 234.53 547.19 DENTAL INSURANCE RATES – no change 2013 Rate 2014 Rate Emp. Mo. Share County Share Emp Share/Pay Single 12.00 12.00 6.00 6.00 2.78 Family 48.00 48.00 42.00 6.00 18.76 VISION INSURANCE RATES – no change 20013 Rate 2014 Rate Emp. Mo. Share County Share Emp Share/Pay Single 3.25 3.25 1.63 1.63 0.75 Family 13.00 13.00 11.37 1.63 5.00 COBRA INSURANCE HEALTH DENTAL VISION Single 710.27 12.24 3.31 Family 1727.63 48.96 13.26 RETIREES S10% w/o MC $69.63 - 0 = 69.63 F10% w/o MC 169.38 - 0 = 169.38 S10% w/ MC 69.63 - 104.90 = 0 F10% w/MC 169.38 – 104.90 = 64.48 S20% w/o MC 139.27- 0 = 139.27 F20% w/o MC 338.75 - 0 = 338.75 S20% w/ MC 139.27 - 104.90 = 34.37 F20% w/MC 338.75 – 104.90 = 233.85 S30% w/o MC 208.90 - 0 =208.90 F30% w/o MC 508.13 - 0 = 508.13 S30% w/MC 208.90 - 104.90 =104.00 F30% w/MC 508.13 - 104.90 = 403.23 MEDICARE PART B/ SURVIVOR’S SURVIVORS TOTAL PREMIUM/MO. COUNTY SHARE SHARE Single w/o MC 696.34 0 696.34 Single w/MC 696.34 104.90 591.44 Resolution 333-13 ---PAGE BREAK--- 2014 Town Budgets ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $230,121.00 230,121.00 0.00 0.00 Highway - Townwide $246,370.00 153,000.00 0.00 93,370.00 Comm. Development $3,900.00 3,900.00 0.00 0.00 Sub-Total $480,391.00 $387,021.00 $0.00 $93,370.00 Special Districts Light Districts $12,000.00 0.00 3,500.00 8,500.00 Water Districts $59,677.00 59,677.00 0.00 0.00 Cincy Fire District $95,833.00 0.00 0.00 95,833.00 Sub-Total Special Districts $167,510.00 $59,677.00 $3,500.00 $104,333.00 Total $647,901.00 $446,698.00 $3,500.00 $197,703.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $2,185,086.00 711,448.00 205,566.00 1,268,072.00 Gen - Outside Villages $684,643.00 492,250.00 192,393.00 0.00 Highway - Townwide $274,687.00 0.00 272,526.00 2,161.00 Hwy - Outside Villages $3,396,694.00 1,975,107.00 986,393.00 435,194.00 Sub-Total $6,541,110.00 $3,178,805.00 $1,656,878.00 $1,705,427.00 Special Districts C'ville Fire District $748,960.00 0.00 0.00 748,960.00 Sewer District $1,130,765.00 804,249.00 61,123.00 265,393.00 Water District $1,005,086.00 657,944.00 10,621.00 336,521.00 Sub-Total Special Districts $2,884,811.00 $1,462,193.00 $71,744.00 $1,350,874.00 Total $9,425,921.00 $4,640,998.00 $1,728,622.00 $3,056,301.00 Budgetary Provisions Less Estimated Other Uses Estimated Unexpended Amount to be Fund Appropriations (to equip reserve) Revenues Balance Raised by Tax General - Townwide $225,641.00 46,550.00 13,310.00 165,781.00 Highway - Townwide $304,872.00 32,000.00 123,689.00 213,183.00 Comm. Development $3,385.00 3,385.00 0.00 Sub-Total $533,898.00 $32,000.00 $173,624.00 $13,310.00 $378,964.00 Special Districts SUMMARY OF TOWN BUDGETS - 2014 Published from Summary Sheets Submitted by Towns Town of Cincinnatus Town of Cortlandville SUMMARY OF TOWN BUDGETS - 2014 Published from Summary Sheets Submitted by Towns Town of Cuyler ---PAGE BREAK--- Sewer District $11,700.00 11,700.00 0.00 0.00 Cuyler Fire District $77,100.00 0.00 77,100.00 Sub-Total Special Districts $88,800.00 $11,700.00 $0.00 $77,100.00 Total $622,698.00 $32,000.00 $185,324.00 $13,310.00 $456,064.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $185,450.00 155,735.00 0.00 29,715.00 Highway - Townwide $320,700.00 125,350.00 0.00 195,350.00 Sub-Total $506,150.00 $281,085.00 $0.00 $225,065.00 Special Districts Freetown Fire District $40,010.00 0.00 0.00 40,010.00 Sub-Total Special Districts $40,010.00 $0.00 $0.00 $40,010.00 Total $546,160.00 $281,085.00 $0.00 $265,075.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $231,215.00 138,700.00 46,915.00 45,600.00 Highway - Townwide $380,125.00 83,850.00 17,970.00 278,305.00 Sub-Total $611,340.00 $222,550.00 $64,885.00 $323,905.00 Special Districts Harford Fire District $97,627.00 0.00 0.00 97,627.00 Harford Mills Water District $6,200.00 6,200.00 0.00 0.00 Sub-Total Special Districts $103,827.00 $6,200.00 $0.00 $97,627.00 Total $715,167.00 $228,750.00 $64,885.00 $421,532.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $505,050.00 338,120.00 0.00 166,930.00 Gen - Outside Villages $109,748.37 109,748.37 0.00 0.00 Highway - Townwide $318,500.00 67,145.00 0.00 251,355.00 Hwy - Outside Villages $725,361.42 646,532.17 78,829.25 0.00 Sub-Total $1,658,659.79 $1,161,545.54 $78,829.25 $418,285.00 Special Districts Homer Fire District $83,500.00 0.00 0.00 83,500.00 Sub-Total Town of Freetown Town of Harford SUMMARY OF TOWN BUDGETS - 2014 Published from Summary Sheets Submitted by Towns Town of Homer ---PAGE BREAK--- Special Districts $83,500.00 $0.00 $0.00 $83,500.00 Total $1,742,159.79 $1,161,545.54 $78,829.25 $501,785.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $193,308.00 13,550.00 20,000.00 159,758.00 Highway - Townwide $321,270.00 90,331.00 20,000.00 210,939.00 Sub-Total $514,578.00 $103,881.00 $40,000.00 $370,697.00 Special Districts Lapeer Fire District $64,770.00 0.00 0.00 64,770.00 Sub-Total Special Districts $64,770.00 $0.00 $0.00 $64,770.00 Total $579,348.00 $103,881.00 $40,000.00 $435,467.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $264,643.00 59,510.00 29,406.00 175,727.00 Gen - Outside Villages $48,971.00 48,906.00 65.00 0.00 Highway - Townwide $124,970.00 36,775.00 16,540.00 71,655.00 Hwy - Outside Villages $257,567.00 256,982.00 585.00 0.00 Sub-Total $696,151.00 $402,173.00 $46,596.00 $247,382.00 Special Districts Marathon Fire District $99,059.00 0.00 0.00 99,059.00 Sub-Total Special Districts $99,059.00 $0.00 $0.00 $99,059.00 Total $795,210.00 $402,173.00 $46,596.00 $346,441.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $328,594.00 228,350.00 100,244.00 0.00 Highway - Townwide $409,097.00 278,335.00 24,762.00 106,000.00 Sub-Total $737,691.00 $506,685.00 $125,006.00 $106,000.00 Special Districts Preble Fire District $95,000.00 0.00 0.00 95,000.00 Sub-Total Special Districts $95,000.00 $0.00 $0.00 $95,000.00 Total $832,691.00 $506,685.00 $125,006.00 $201,000.00 Published from Summary Sheets Submitted by Towns Town of Preble Town of Scott Town of Lapeer Town of Marathon SUMMARY OF TOWN BUDGETS - 2014 ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $249,831.00 191,757.00 58,074.00 0.00 Highway - Townwide $389,891.00 210,391.00 9,500.00 170,000.00 Sub-Total $639,722.00 $402,148.00 $67,574.00 $170,000.00 Special Districts Scott Fire District $37,617.00 0.00 0.00 37,617.00 Water District # 1 $20,965.00 20,015.00 950.00 0.00 Sub-Total Special Districts $58,582.00 $20,015.00 $950.00 $37,617.00 Total $698,304.00 $422,163.00 $68,524.00 $207,617.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $207,949.22 51,324.00 11,000.00 145,625.22 Highway - Townwide $348,127.00 119,490.00 10,000.00 218,637.00 Sub-Total $556,076.22 $170,814.00 $21,000.00 $364,262.22 Special Districts Solon Fire District $44,500.00 0.00 0.00 44,500.00 Sub-Total Special Districts $44,500.00 $0.00 $0.00 $44,500.00 Town Total $600,576.22 $170,814.00 $21,000.00 $408,762.22 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $164,667.00 90,875.00 0.00 73,792.00 Highway - Townwide $286,355.00 117,487.00 0.00 168,868.00 Sub-Total $451,022.00 $208,362.00 $0.00 $242,660.00 Special Districts Cincinnatus Fire Protect $36,143.00 0.00 0.00 36,143.00 Sub-Total Special Districts $36,143.00 $0.00 $0.00 $36,143.00 Total $487,165.00 $208,362.00 $0.00 $278,803.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $364,528.00 120,011.00 109,517.00 135,000.00 Highway - Townwide $469,620.00 188,520.00 26,160.00 254,940.00 Town of Truxton Town of Solon SUMMARY OF TOWN BUDGETS - 2014 Published from Summary Sheets Submitted by Towns Town of Taylor ---PAGE BREAK--- Sub-Total $834,148.00 $308,531.00 $135,677.00 $389,940.00 Special Districts Truxton Fire District $81,654.00 0.00 0.00 81,654.00 Sub-Total Special District $81,654.00 $0.00 $0.00 $81,654.00 Total $915,802.00 $308,531.00 $135,677.00 $471,594.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $638,248.00 403,600.00 110,421.00 124,227.00 Highway - Townwide $803,281.00 444,961.00 20,783.00 337,537.00 Sub-Total $1,441,529.00 $848,561.00 $131,204.00 $461,764.00 Special Districts Virgil Fire District $222,333.00 0.00 0.00 222,333.00 Virgil Sewer District # 1 $259,834.00 125,980.00 26,142.00 107,712.00 Virgil Water District # 1 $140,676.00 73,595.00 13,227.00 53,854.00 Sub-Total Special District $622,843.00 $199,575.00 $39,369.00 $383,899.00 Total $2,064,372.00 $1,048,136.00 $170,573.00 $845,663.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $237,806.00 137,050.00 39,270.00 61,486.00 Highway - Townwide $304,304.00 159,608.00 23,546.00 121,150.00 Joint Youth Commission $10,500.00 10,500.00 0.00 0.00 Sub-Total $552,610.00 $307,158.00 $62,816.00 $182,636.00 Special Districts Willet Fire District $43,500.00 0.00 0.00 43,500.00 Sub-Total Special District $43,500.00 $0.00 $0.00 $43,500.00 Total $596,110.00 $307,158.00 $62,816.00 $226,136.00 Town of Willet SUMMARY OF TOWN BUDGETS - 2014 Published from Summary Sheets Submitted by Towns Town of Virgil ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE 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