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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 eleven. Dated: December 29, 2015 ---PAGE BREAK--- 2010-2011 Cortland County Legislature From Left: Jennifer Gofkowski (LD 10); Newell Willcox (LD9); Danny Ross (LD 12); Kathie Arnold (LD 16); Amy Cobb (LD3); Larry Cornell (LD 18); Don Spaulding (LD Majority Leader Sandra Price (LD 19), Michael Park (LD 11); Chairman Robert “Jack Williams (LD Minority Leader Susan Briggs (LD 14); John Troy (LD Thomas Hartnett (LD County Attorney Edward Purser; Richard Bushnell (LD David Fuller (LD 17); John Steger (LD 15); Ray Parker (LD Anthony Pace (LD Clerk Jeremy Boylan; County Administrator Martin Murphy ---PAGE BREAK--- ---PAGE BREAK--- 2011 RESOLUTION INDEX 1 AGING 49 Res. 45-11 Extend Contract Several Departments Uniform & Rug Rental 77 Res. 83-11 Amend Budget Area Agency on Aging/Nutrition Program 77 Res. 84-11 Amend Budget Area Agency on Aging (Title VII Long-Term Care Ombudsman Program 78 Res. 85-11 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Foods 78 Res. 86-11 Area Agency on Aging - Create Temporary Aging Services Worker 78 Res. 169-11 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Foods 143 Res. 170-11 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Paper Goods and Maintenance Supplies 143 Res. 171-11 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Milk and Dairy Products 144 Res. 206-11 Amend Budget - Area Agency on Aging/Nutrition Program 174 Res. 219-11 Amend Budget - Area Agency on Aging (Title V - Senior Community Service Employment Program) 188 Res. 236-11 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 204 Res. 288-11 Authorize Agreements - Area Agency on Aging - (Several Agencies, Departments, etc.) 245 Res. 344-11 Amend Budget - Area Agency on Aging/Nutrition (Nutrition Program Contracts) 302 Res. 345-11 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Food 303 Res. 346-11 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition - Paper Goods and Maintenance Supplies 303 AGRICULTURE AIRPORT Res. 47-11 Resolution to Approve Project, Authorize Acceptance of Grants from Federal Aviation Administration (FAA) and NYS Department of Transportation (NYSDOT), Authorize Engineering Contract - Engineering Design of NAVAID Replacement and Snow Removal Equipment (SRE) Building - Cortland County Airport 50 Res. 99-11 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) Cortland County Airport - Chase Field Highway Department 89 Res. 187-11 Authorize Hangar Lease - Building MH-1 - Cortland County Airport 160 Res. 216-11 Resolution to Approve Project, Authorize Acceptance of Grants from Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Authorize Construction and Construction Inspection Contracts - Obstruction Removal - Cortland County Airport - Highway Department 186 Res. 226-11 Resolution Amending Resolution 216-11 195 ---PAGE BREAK--- 2011 RESOLUTION INDEX 2 Res. 284-11 Amend Budget/Transfer Funds - Highway Department/Airport 243 Res-337-11 Authorize County Attorney to Proceed with Acquisition of Necessary Land Rights Under Eminent Domain Procedure Law - Highway Department/Airport 284 Res. 338-11 Establish T-Hangar Space and Ramp Tie-Down Rental Rates - Cortland County Airport 285 Res. 357-11 Authorizing the Engagement of Outside Legal Counsel for Cortland County and the Cortland County Legislature to Commence Eminent Domain Proceeding 314 ALTERNATIVES TO INCARCERATION Res. 96-11 Authorize Agreements - Alternatives to Incarceration/Probation (NYS Office of Probation and Correctional Alternatives) 88 APPOINTMENTS Res. 61-11 Appoint Member Community Services Board (Mary McGory) 60 Res. 92-11 Appoint Member Cortland County Board of Health 85 Res. 106-11 Appoint/Re-Appoint Members Cortland County Youth Bureau 94 Res. 120-11 Appoint Members Cortland County Traffic Safety Board 106 Res. 151-11 Appoint Republican Election Commissioner 132 Res. 152-11 Appoint/Re-Appoint Member Employment and Training Grant Administration 132 Res. 153-11 Re-Appoint Members - Cortland County Planning Board 133 Res. 154-11 Appoint Members Mental Health Subcommittee Community Services Board 133 Res. 156-11 Resolution Appointing Coroner's Physician 135 Res. 157-11 Appoint Coroner's Physician Authorize Agreement - Emergency Medical Physicians County Coroners 135 Res. 281-11 Appoint Member Employment and Training Grant Administration 241 Res. 282-11 Appoint Members Community Services Board 242 Res. 302-11 Appoint Citizens Advisory Committee Appointment of Public Officials 253 Res. 316A Appoint Member Employment and Training Grant Administration - Cayuga/Cortland Workforce Investment Board 266 Res. 354-11 Re-Appoint Staff Mental Health 308 BONDING Res. 34-11 Bond Resolution of the County of Cortland, New York, Adopted on February 15, 2011, Authorizing Issuance of $16,000,000 Bonds of the County of Cortland to Pay a Portion of the Costs of Construction of the County's Interoperable Communications System 34 BUILDINGS & GROUNDS Res. 10-11 Amend Budget/Re-Appropriate Funds 8 Res. 11-11 Amend Budget/Re-Appropriate Funds 8 Res. 40-11 Authorize Bids/Accept Proposal NYS Power Authority Energy Audit 45 Res. 41-11 Accept Proposal/Authorize Agreement Participate in National Grid Program 46 ---PAGE BREAK--- 2011 RESOLUTION INDEX 3 Res. 42-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program 46 Res. 45-11 Extend Contract Several Departments Uniform and Rug Rental 49 Res. 64-11 Accept RFP/Authorize Agreement ABJ Fire Protection Co., Buildings & Grounds 63 Res. 65-11 Accept RFP/Authorize Agreement Jerome Fire Equipment Co., Inc., Buildings & Grounds 64 Res. 66-11 Authorize Agreement NYSID/Ames Linen Uniform and Laundering Floor Mats and Dust Mops (Various County Departments) 64 Res. 89-11 Extend Contract Several Departments Uniform and Rug Rental 80 Res. 93-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program 85 Res. 94-11 Amend Resolution 43-11 Authorize Payment NYS Power Authority and National Grid Projects 86 Res. 95-11 Amend 2011 Budget Proceeds Surplus Equipment Building & Grounds 87 Res. 122-11 Authorize Agreement Astec Re-Ply Roof Systems Building & Grounds 107 Res. 181-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Building and Grounds Department 155 Res. 257-11 Authorize Agreement (Building and Grounds) 223 Res. 295-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds - Renovations) 248 Res. 297-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds) 250 Res. 320-11 Authorize Agreement Buildings & Grounds (6th Judicial Court District) 268 Res. 328-11 Accept Proposal/Authorize Agreement Buildings and Grounds Ehrlich Pest Control 280 CHAMBER OF COMMERCE Res. 143-11 Authorize Agreement Cortland County Chamber of Commerce 122 CLERK OF THE LEGISLATURE Res. 39-11 Authorizing Appointment of Deputy Cortland County Legislature 45 CONVENTION AND VISTORS BUREAU Res. 23-11 Authorize Agreement Cortland County Convention and Visitors Bureau For Provision of Public Benefits Services for Promotion & Publicity 20 Res. 205-11 Amend 2011 Budget/Authorize Payment Convention & Visitor's Bureau, Regional Sports Council NYS Senior Games 173 Res. 276-11 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau 235 CORNELL COOPERATIVE EXTENSION Res. 1-11 Authorize Agreement (Cornell Cooperative Extension) 3 CORONER'S OFFICE Res. 156-11 Resolution Appointing Coroner's Physician 135 ---PAGE BREAK--- 2011 RESOLUTION INDEX 4 Res. 157-11 Appoint Coroner's Physician Authorize Agreement - Emergency Medical Physicians County Coroners 135 CORRECTIONS Res. 8-11 Authorize Agreement Extension (Oneida County Central NY Center Forensic Unit Services 6 Res. 89-11 Authorize Agreement Black Creek Integrated Systems Corporation 80 Res. 223-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail to Road (Fuel) 193 Res. 224-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail to Road (Vehicle Expense) 194 Res. 225-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail (Overtime Pay) 194 Res. 358-11 Authorize Agreement Sheriff's Department/Jail Black Creek Integrated Systems Corporation 315 CORTLAND REPERTORY THEATRE (CRT) Res. 68-11 Authorize Issuance of a Theatrical Production and Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) 66 COUNTY ADMINISTRATION Res. 25-11 Authorize Petty Cash Accounts Various Departments 28 Res. 43-11 Authorize Payment NYS Power Authority and National Grid Projects 47 Res. 51-11 Authorize County Administrator to Request Proposals for Marketing and Operations Consultant - Cortland County Landfill 54 Res. 94-11 Amend Resolution 43-11 Authorize Payment NYS Power Authority and National Grid Projects 86 Res. 140-11 Accept Proposal/Authorize Agreement Workers Compensation Operations and Claims Audit County Administrator 120 Res. 144-11 Retirement Reserve Amend Resolution 411-04 County Administrator 123 Res. 148-11 Amend 2010 Budget - Budget Transfers for Negative Balances County Administrator /County Treasurer 125 Res. 178-11 Amend Resolution 25-11 Authorize Petty Cash Accounts 148 Res. 182-11 Amend Resolution 43-11 Authorize Payment NYS Power Authority and National Grid Projects County Administrator 156 Res. 208-11 A Resolution to Transfer Duties and Responsibilities to the Office of County Administrator/Budget Officer 176 Res. 212-11 Abolish Create Treasurer Department/County Administration 183 Res. 218-11 Authorize Agreement with Coughlin & Gerhart, LLC 188 Res. 315-11 Authorize Contract/Richard McNeilly, CPA 261 Res. 360-11 Authorizing the County Treasurer to Increase Contingency and Tax Stabilization Reserve Fund - County Administrator 316 COUNTY ATTORNEY Res. 113-11 Authorizing the Engagement of Outside Legal Counsel for Cortland County, the Cortland County Legislature and Its Officers and Employees in Litigation of Certain Actions 99 ---PAGE BREAK--- 2011 RESOLUTION INDEX 5 Res. 149-11 Authorize Agreement/Amend 2011 Budget Denkenberger & Greene 125 Res. 357-11 Authorizing the Engagement of Outside Legal Counsel for Cortland County, the Cortland County Legislature and Its Officers and Employees in Litigation of Certain Actions 315 COUNTY AUDITOR Res. 116-11 Clarify Contract Terms - Multiple Resolutions (See Attached Schedule) 2 Res. 176-11 Designating the Budget & Finance Committee as the Audit Oversight Committee (Cortland County Legislature) 146 Res. 179-11 Create Senior Account Clerk Audit Department 148 Res. 376-11 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 328 COUNTY CLERK Res. 32-11 Approve Contract E-Z Pass On-The-Go Program 32 Res. 79-11 Approve Monument in Courthouse Park Count Clerk Lapeer Civil War Memorial 74 Res. 104-11 Authorize Hours of Operation County Clerk Office 93 Res. 165-11 Authorize Contract Cortland County Clerk/RMO County Department Shredding 140 Res. 166-11 Authorize Agreement NYS Department of Taxation and Finance PILOT Program for Digital Real Property Transfer Report 140 Res. 167-11 Upgrade Maintenance Agreement County Clerk PlastiCard Systems 141 Res. 260-11 Oppose Initiative Elimination of Eye Tests for Driver's License Renewals Cortland County Clerk 225 Res. 278-11 Authorize Agreement Cortland County Municipal Agreements 240 DESIGNATIONS Res. 27-11 Designation of Depositories 29 Res. 276-11 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau 235 DISTRICT ATTORNEY Res. 184-11 Authorize Agreement Cortland County District Attorney (Office of Children and Family Services) 158 Res. 295-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds - Renovations) 248 Res. 296-11 Amend 2011 Budget Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Program) 249 Res. 297-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings and Grounds) 250 Res. 298-11 Authorize 2012 Budget Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Program) 250 Res. 334-11 Authorize Agreement Cortland County District Attorney (McMahon/Ryan Child Advocacy Center) (Child Advocacy Program Coordinator) 283 ---PAGE BREAK--- 2011 RESOLUTION INDEX 6 DWYER MEMORIAL PARK Res. 52-11 Dwyer Park Main Pavilion Electrical Repair - Electric Contract 54 Res. 91-11 Authorize Issuance of a Theatrical Production and Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) 84 Res. 182-11 Amend Resolution 43-11 Authorize Payment NYS Power Authority and National Grid Projects County Administrator 156 Res. 198-11 Authorize Agreement/.Thomas Development Cortland County Legislature Dwyer Memorial Park/NYS EPF Grant 168 Res. 199-11 Authorize Grant Application NYS Office of Parks, Recreation and Historic Preservation, Dwyer Park Pavilion 169 EICS (Emergency Interoperable Communication System) Res. 34-11 Bond Resolution of the County of Cortland, New York, Adopted on February 15, 2011 Authorizing Issuance of $16,000,000 Bonds of the County of Cortland to Pay a Portion of the Costs of Construction of the County's Interoperable Communications System 34 Res. 35-11 Resolution Determining That the Design and Environmental Review of the Proposed Cortland County Interoperable Telecommunications System Project Constitutes a Type II Action Pursuant to SEQRA and Authorizing the Execution and Delivery of a Design Contract for Such Proposal 37 Res. 36-11 Authorize Agreement Patrick M. Snyder, Attorney at Law Interoperable Communication Project 40 Res. 37-11 Authorize Agreement Trespasz & Marquardt, LLP Interoperable Communications Project 40 Res. 89-11 Authorize Agreement Environmental Engineering Consultant Interoperable Communication Project 80 Res. 109-11 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" (A6547, S4041A) 96 Res. 110-11 Endorsing State Legislation Amending County Law "In Relation to Wireless Communication Surcharges in the County of Cortland" (S4044A, A6548A) 97 Res. 142-11 Amend Budget/Authorize Payment/Establish Account Gilberti Stinziano Heintz & Smith Emergency Interoperable Communications System 121 Res. 220-11 To Make a Determination of Significance As Part of the Completion of the SEQRA Process Where the Cortland County Legislature Serves as the Lead Agency for the Proposed Emergency Radio Communications System Project 194 Res. 221-11 Resolution to Authorize Motorola Solutions, Inc., to Proceed with Construction Phase and Full Completion of Contract for the Installation of the County-Wide Emergency Interoperable Radio Communications Project 192 Res. 222-11 Authorize Payment Patrick M. Snyder, Attorney at Law Interoperable Communications Project 193 ---PAGE BREAK--- 2011 RESOLUTION INDEX 7 Res. 356-11 Authorize Lease Agreement Motorola/Interoperable Communications System Information Technology 313 ELECTIONS Res. 33-11 Create Positions Election Worker - Machine Custodian and Election Worker - NYS Retired Teacher BMD Trainer 33 Res. 63-11 Authorize Agreement/Handicap Entrance Installation Cortland County 63 Res. 80-11 Amend Resolution No. 143-09 Establish Fees for Election Workers Cortland County Board of Elections 75 Res. 81-11 Adopt Local Law No. 1 of 2011 A Local Law Setting the Salary of Cortland County Election Commissioners 76 Res. 151-11 Appoint Republican Election Commissioner 132 EMERGENCY MANAGEMENT (SEE FIRE & EMERGENCY MANAGEMENT) EMPLOYMENT & TRAINING/GRANT ADMINISTRATION Res. 105-11 Authorize One-Stop Operator Agreement Between the Cayuga-Cortland Workforce Investment Board and One-Stop Operator Consortium of the Cayuga Cortland Workforce Development System 94 Res. 152-11 Appoint/Re-appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 132 Res. 237-11 Authorize Agreement Employment and Training Department Cayuga-Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties 203 Res. 238-11 Authorize Execution of 2011 Re-employment and Eligibility Assessment (REA) Agreement 204 Res. 267-11 Amend Salary Employment and Training Director (Additional Compensation) 230 Res. 281-11 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 241 Res. 316-A-11 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 266 Res. 347-11 Authorize Agreement Maintenance & Supplies Employment & Training 304 . FIRE & EMERGENCY MANAGEMENT . Res. 68-11 Authorize Agreement Patrick M. Snyder, Attorney at Law Interoperable Communication Project 66 Res. 89-11 Authorize Agreement Trespasz & Marquardt, LLP Interoperable Communication Project 80 Res. 98-11 Amend 2011 Budget Fire & Emergency Management (NYS Office of Homeland Security) 89 Res. 125-11 Accept FY10 State Homeland Security Grant Program Fire & Emergency Management (Contract # C838400 - FY2010 State Homeland Security Program) 109 Res. 214-11 Authorizing the Adoption of the County Multi-Jurisdictional All Hazard Mitigation Plan Fire & Emergency Management Office (FEMO) 184 ---PAGE BREAK--- 2011 RESOLUTION INDEX 8 Res. 215-11 Award Contract Fire & Emergency Management State Homeland Security Program (SHSP) FY2009 Management & Administration Consultant 185 Res. 332-11 Authorize Contract/Lease Agreement Cortlandville Training Center 282 HEALTH DEPARTMENT (SEE PUBLIC HEALTH) HEALTH INSURANCE Res. 58-11 Authorize Agreement The Early Retirement Reinsurance Program (ERRP) with BCG 58 Res. 82-11 Abolish Health, Dental, and Vision Insurance Practice Cortland County Legislature 76 HIGHWAY Res. 13-11 Engineering Services Term Agreement 9 Res. 14-11 Engineering Services Agreement Highway/Solid Waste 10 Res. 48-11 Award Highway Equipment-Used Compaction Roller 51 Res. 49-11 Award Highway Equipment - Used Asphalt Roller 52 Res. 50-11 Award Highway Equipment - Snow Plow/Dump Trucks 53 Res. 51-11 Authorize County Administrator to Request Proposals for Marketing and Operations Consultant - Cortland County Landfill 54 Res. 52-11 Dwyer Park Main Pavilion Electrical Repair - Electric Contract 54 Res. 68-11 Transfer Funds/Establish Projects - Highway Department 66 Res. 69-11 Authorize Agreement/NYS Truxton-Tully Road P.I.N. 375545 67 Res. 70-11 Authorize Amnesty Week Highway Department 68 Res. 71-11 Appropriate Funds/Establish Project Highway Department 69 Res. 99-11 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS)Cortland County Airport-Chase Field Highway Department 89 Res. 100-11 Award Bids Highway Department 90 Res. 101-11 Award Bids/Extend Agreements Highway Department 91 Res. 102-11 Approval of Cortland County Solid Waste Management Plan Modification Highway Department 92 Res. 126-11 Amend 2011 Budget Transfer Funds Highway Department 109 Res. 127-11 Amend 2011 Budget Recognizing State Funds for Snow & Ice Removal Highway Department 110 Res. 128-11 Award Highway Construction Project - Design and Install Pre-stressed Concrete Superstruction on McGraw-Marathon Road Highway Department 111 Res. 129-11 Award Household Hazardous Waste Contract - Highway Department/Landfill 112 Res. 130-11 Amend 2011 Budget Recognizing Payment for Pavement Markings Highway Department 112 Res. 158-11 Rental Contract/Highway Department 136 Res. 159-11 Authorize Agreement New York State Department of Environmental Conservation - Highway Department 136 Res. 160-11 Authorize Gravel Mine Agreement - Highway Department 136 ---PAGE BREAK--- 2011 RESOLUTION INDEX 9 Res. 161-11 Transfer Ownership of Vehicle - Highway Department 137 Res. 162-11 Authorize Transfer of Right-of-Way Highway Department 137 Res. 163-11 Award Highway Department Services and Materials - Highway Department 138 Res. 186-11 Award Highway Bid - Metal Object Removal Highway Department/ Recycling 159 Res. 188-11 Appropriate Funds/Pavement Repairs Highway Department 161 Res. 190-11 Authorize Contract/Highway Department Town of Homer (Snow and Ice - County Roads) 162 Res. 191-11 Authorize Contract/Highway Department Town of Lapeer (Snow and Ice on County Roads) 163 Res. 192-11 Authorize Contract/Highway Department Town of Marathon (Snow and Ice on County Roads) 164 Res. 193-11 Authorize Contract/Highway Department Town of Solon (Snow and Ice on County Roads) 165 Res. 194-11 Authorize Contract/Highway Department Town of Taylor (Snow and Ice on County Roads) 165 Res. 195-11 Authorize Contract/Highway Department Town of Truxton (Snow and Ice on County Roads) 166 Res. 196-11 Authorize Contract/Highway Department Town of Willet (Snow and Ice on County Roads) 167 Res. 197-11 Authorize Exemption from Tipping Fees River Clean Up - Cortland County Highway Department Division of Solid Waste 167 Res. 198-11 Authorize Agreement/ Thoma Development Cortland County Legislature Dwyer Memorial Park/NYS EPF Grant 168 Res. 199-11 Authorize Grant Application NYS Office of Parks, Recreation and Historic Preservation - Dwyer Park Pavilion 169 Res. 213-11 Transfer Funds/Bridge Repair Highway Department 183 Res. 216-11 Resolution to Approve Project, Authorize Acceptance of Grants from Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Authorize Construction and Construction Inspection Contracts - Obstruction Removal Cortland County Airport Highway Department 186 Res. 226-11 Resolution Amending Resolution 216-11 Obstruction Removal Cortland County Airport/Highway Department 195 Res. 227-11 Amend 2011 Budget Recognizing Insurance Recovery Funds Highway Department 195 Res. 228-11 Authorizing the Acceptance of All Property Acquired by the State of New York for the Truxton-Tully Reconstruction Project Highway Department 296 Res. 229-11 Approve Contract for Engineering Truxton-Tully Road/Highway Department 197 Res. 230-11 Award Highway Equipment - Used Man-lift Highway Department 197 Res. 231-11 Amend Resolution/Contract Barton & Loguidice Highway Department/Landfill 198 Res. 232-11 Direct Highway Department to Adjust Water Surface Elevations on Little York Lake Highway Department 199 ---PAGE BREAK--- 2011 RESOLUTION INDEX 10 Res. 245-11 Award Highway Bid - Supplying Timber and Lumber for Crains Mills Road Bridge 212 Res. 258-11 Authorize Agreement/HAZWOPER Training Highway Department 224 Res. 259-11 Authorize Extension of State Snow/Ice Control Agreement Highway Department 225 Res. 284-11 Amend Budget/Transfer Funds Highway Department/Airport 243 Res. 285-11 Authorize Chairman to Sign Agreements/Planning Department (Cortland County and Southern Tier East Regional Planning Development Board 2012) (Cortland County and Central New York Regional Planning and Development Board 2012) 243 Res. 303-11 Authorize Agreement Recycling/Highway Department - JM Murray Center Recycling Sorting Services 253 Res. 304-11 Reject Bids Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials Recycling Center/Highway Department 254 Res. 305-11 Authorize Agreement/Leachate Testing Highway Department 255 Res. 306-11 Authorize Agreement/Environmental Monitoring - Highway Department/Landfill 255 Res. 307-11 Authorize Funding for Construction of Highway Capital Plan Highway Department 256 Res. 308-11 Support Federal Legislation Changing Bridge Design Standards - Highway Department 256 Res. 309-11 To Make a Determination of Significance as Part of the Completion of the SEQRA Process for Proposed Local Law No. 4 of 2011 257 Res. 316-11 Award Contract Recycling Broker Recycling Center - Highway Department 261 Res. 337-11 Authorize County Attorney to Proceed with Acquisition of Necessary Land Rights Under Eminent Domain Procedure Law - Highway Department/Airport 284 Res. 338-11 Establish T-Hangar Space and Ramp Tie-down Rental Rates Cortland County Airport 285 Res. 339-11 Award Highway Equipment - Snow Plow/Dump Trucks - Highway Department 286 Res. 340-11 Household Hazardous Waste Application Highway Department/Landfill 286 . HISTORIAN . Res. 286-11 Authorize Agreement Cortland County Legislature (AmeriCorps Member) 244 . HOME RULE . Res. 15-11 Authorizing a Home Rule Request for Special Legislation to Provide for Implementation of an Additional Telephone Surcharge for Cortland County 10 Res. 16-11 Authorizing a Home Rule Request for Special Legislation to Increase the Wireless Surcharge for Cortland 11 Res. 20-11 Requesting the NYS Legislature to Enact Legislation Allowing Rifle Hunting in Cortland County 16 ---PAGE BREAK--- 2011 RESOLUTION INDEX 11 Res. 109-11 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" (A6547, S4041A) 96 Res. 110-11 Endorsing State Legislation Amending County Law "In Relation to Wireless Communication Surcharges for the County of Cortland" (S4044A, A6548A) 97 Res. 111-11 A Home Rule Request for Special Legislation to Amend the Tax Law, In Relation for Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2013 98 Res. 112-11 A Home Rule Request for Special Legislation to Amend Tax Law, In Relation for Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2013 98 IDA/BDC Res. 89-11 Appoint Member Industrial Development Agency Board of Directors and Cortland County Development Corporation 7 Res. 272-11 Authorize Amendment to Agreement with Cortland County Business Development Corporation 232 INFORMATION TECHNOLOGY Res. 12-11 Authorize Agreement All Mode Communications, Inc. 9 Res. 121-11 Authorize Agreement Information Technology (Folder/Sealer Machine) 107 Res. 155-11 Authorize Agreement Information Technology (Treborn Company, Inc.) 134 Res. 317-11 Authorize Agreement Information Technology (Cortland Electronics) 266 Res. 321-11 Authorize Agreement Information Technology (Munis) 269 Res. 322-11 Authorize Contract - Information Technology Support Services/Information Technology (Town of Cortlandville) 269 Res. 323-11 Authorize Contract - Information Technology Support Services/Information Technology (Cortlandville Fire District) 270 Res. 324-11 Authorize Agreement Information Technology (All-Mode Communications, Inc. - Maintenance) 271 Res. 325-11 Authorize Agreement Information Technology (All-Mode Communications, Inc. - VoIP) 271 Res. 356-11 Authorize Lease Agreement Motorola/Interoperable Communications System 313 INSURANCE . Res. 22-11 Authorize Procurement of Property & Casualty Insurance 19 Res. 38-11 Authorize Agreement Cortland County/Gould & Lamb, LL# 41 . JAIL (see CORRECTIONS) . . LANDFILL (see SOLID WASTE MANAGEMENT) . . LEGISLATURE . ---PAGE BREAK--- 2011 RESOLUTION INDEX 12 Res. 1-11 Authorize Agreement (Cornell Cooperative Extension) 3 Res. 2-11 Authorize Payment (Cortland County Soil and Water) 4 Res. 3-11 Authorize Agreement Finger Lakes Library Association 4 Res. 4-11 Authorize Agreement 1890 House 5 Res. 5-11 Authorize Agreement Lime Hollow Nature Center 5 Res. 6-11 Authorize Agreement Federation of Sportsmen 5 Res. 7-11 Authorize Agreement Cortland County Historical Society 6 Res. 8-11 Authorize Agreement Extension (Oneida County Central NY Center Forensic Unit Services) 6 Res. 9-11 Appoint Member Industrial Development Agency Board of Directors and Cortland County Development Corporation 7 Res. 10-11 Amend Budget/Re-Appropriate Funds 8 Res. 11-11 Amend Budget/Re-Appropriate Funds 8 Res. 12-11 Authorize Agreement All Mode Communications, Inc. 9 Res. 13-11 Engineering Services Term Agreement 9 Res. 14-11 Engineering Services Agreement Highway/Solid Waste 10 Res. 15-11 Authorizing a Home Rule Request for Special Legislation to Provide for Implementation of an Additional Telephone Surcharge for Cortland County 10 Res. 16-11 Authorizing a Home Rule Request for Special Legislation to Increase the Wireless Surcharge for Cortland County 11 Res. 17-11 Amend Budget (Re-appropriation of Expenses and Revenues Deferred from Prior Year, 2010 to 2011) 12 Res. 18-11 Authorize Agreement/Accept Funds Health Department Jacobus Center for Reproductive Health (State Grant) 15 Res. 19-11 Authorize Agreement Cortland County SPCA 15 Res. 20-11 Requesting the NYS Legislature to Enact Legislation Allowing Rifle Hunting in Cortland County 16 Res. 21-11 Adopt Policy Cortland County Workplace Violence Prevention Policy 17 Res. 22-11 Authorize Procurement of Property & Casualty Insurance 19 Res. 23-11 Authorize Agreement Cortland County Convention & Visitor's Bureau for Provision of Public Benefits Services for Promotion and Publicity 20 Res. 24-11 Amend Policy and Procedure on the Collection, Handling & Disbursement of Departmental Funds 21 Res. 25-11 Authorize Petty Cash Accounts Various Departments 28 Res. 26-11 Authorize Payment TC3 Operating Budget 28 Res. 27-11 Designation of Depositories 29 Res. 28-11 Amend Budget/Re-Appropriate Funds Real Property Tax Services 30 Res. 29-11 Authorize Agreement/Accept Funds Jacobus Center 30 Res. 30-11 Create Temporary Fiscal Officer Part-Time 31 Res. 31-11 Authorize Agreements (Several Agencies, Departments, etc.) 31 Res. 32-11 Approve Contract E-Z Pass On-The-Go Program 32 Res. 33-11 Create Positions Election Worker-Machine custodian and Election Worker - NYS Retired Teacher BMD Trainer 33 ---PAGE BREAK--- 2011 RESOLUTION INDEX 13 Res. 34-11 Bond Resolution of the County of Cortland, New York, Adopted on February 15, 2011, Authorizing Issuance of $16,000,000 Bonds of the County of Cortland to Pay a Portion of the Costs of Construction of the County's Interoperable Communications System 34 Res. 35-11 Resolution Determining That the Design and Environmental Review of the Proposed Cortland County Interoperable Telecommunications System project Constitutes a Type II Action Pursuant to SEQRA and Authorizing the Execution and Delivery of a Design Contract for Such Proposal 37 Res. 36-11 Authorize Agreement Patrick M. Snyder, Attorney at Law, Interoperable Communication Project 39 Res. 37-11 Authorize Agreement Trespasz & Marquardt, LLP, Interoperable Communication Project 40 Res. 38-11 Authorize Agreement Cortland County/Gould & Lamb LLC 41 Res. 39-11 Authorizing Appointment of Deputy Cortland County Legislature 45 Res. 40-11 Authorize Bids/Accept Proposal NYS Power Authority Energy Audit 45 Res. 41-11 Accept Proposal/Authorize Agreement Participate in National Grid Program 46 Res. 42-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program 46 Res. 43-11 Authorize Payment NYS Power Authority and National Grid Projects 47 Res. 44-11 Renew Agreement Hess Corporation (Various Departments) 48 Res. 45-11 Extend Contract Several Departments Uniform & Rug Rental 48 Res. 46-11 Authorize Agreement Black Creek Integrated Systems Corporation 49 Res. 47-11 Resolution to Approve Project, Authorize Acceptance of Grants from Federal Aviation Administration (FAA) and NYS Department of Transportation (NYSDOT), Authorize Engineering Contract - Engineering Design of NAVAID Replacement and Snow Removal Equipment (SRE) Building Cortland County Airport 50 Res. 48-11 Award Highway Equipment - Used Compaction Roller 51 Res. 49-11 Award Highway Equipment Used Asphalt Roller 52 Res. 50-11 Award Highway Equipment - Snow Plow/Dump Trucks 53 Res. 51-11 Authorize County Administrator to Request Proposals for Marketing and Operations Consultant - Cortland County Landfill 54 Res. 52-11 Dwyer Park Main Pavilion Electrical Repair - Electric Contract 54 Res. 53-11 Abandoning County Sponsorship of the Tioughnioga River Trail 55 Res. 54-11 Authorize Agreement/Accept Funds Health Department Public Health Preparedness 56 Res. 55-11 Amend Budget - Mental Health 56 Res. 56-11 Amend Budget - Mental Health 57 Res. 57-11 Adopt Policy Cortland County Lactation Policy 57 Res. 58-11 Authorize Agreement The Early Retirement Reinsurance Program (ERRP) with BCG 58 Res. 59-11 Authorize Payment - Treasurer's Office (Surplus Sales Tax) 59 Res. 60-11 Authorize Agreement/Fiscal Advisors 59 Res. 61-11 Appoint Member Community Services Board (Mary McGory) 60 ---PAGE BREAK--- 2011 RESOLUTION INDEX 14 Res. 62-11 A resolution Demanding NYS Mandate Relief, Prior to Imposing a Property Tax Cap, and Supporting the Mandate Relief Measures Provided by the New York State Association of Counties 62 Res. 63-11 Authorize Agreement/Handicap Entrance Installation Cortland County DMB/BOE Building 63 Res. 64-11 Accept RFP/Authorize Agreement ABJ Fire Protection Co., Buildings & Grounds 63 Res. 65-11 Accept RFP/Authorize Agreement Jerome Fire Equipment Co., Inc., Buildings & Grounds 64 Res. 66-11 Authorize Agreement NYSID/Ames Linen Uniform and Laundering Floor Mats and Dust Mops (Various County Departments) 64 Res. 67-11 Resolution Calling on the Governor and the State Legislature to Recognize County Probation Departments as Important Partners in Public Safety and to Allocate State Funding to Pay for the Programs Probation Departments are Mandated to Provide 65 Res. 68-11 Transfer Funds/Establish Projects Highway Department 66 Res. 69-11 Authorize Agreement/NYS Truxton-Tully Road P.I.N. 375545 67 Res. 70-11 Authorize Amnesty Week Highway Department 68 Res. 71-11 Appropriate Funds/Establish Project Highway Department 69 Res. 72-11 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant 70 Res. 73-11 Authorize Agreement Health Department/Administration Public Health Preparedness 71 Res. 74-11 Authorize Agreement Health Department/Hospice (Auditor) 71 Res. 75-11 Authorize Agreement/Accept Funds Health Department Indoor Radon Grant 72 Res. 76-11 Amend Budget Mental Health Department (Madison Cortland ARC) 73 Res. 77-11 Authorize Agreement Mental Health Department (Mental Health Services) 73 Res. 78-11 Authorize Grant Application for Capital Replacement Needs NYSDOT Federal Section 5311 Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years Cortland County Planning Department 73 Res. 79-11 Approve Monument in Courthouse Park County Clerk Lapeer Civil War Memorial 74 Res. 80-11 Amend Resolution No. 143-09 Establish Fees for Election Workers Cortland County Board of Elections 75 Res. 81-11 Adopt Local Law 1 of 2011 - A Local Law Setting the Salary of Cortland County Election Commissioners 76 Res. 82-11 Abolish Health, Dental, and Vision Insurance Practice - Cortland County Legislature 76 Res. 83-11 Amend Budget Area Agency on Aging/Nutrition Program 77 Res. 84-11 Amend Budget Area Agency on Aging (Title VII Long-Term Care Ombudsman Program) 77 Res. 85-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 78 Res. 86-11 Area Agency on Aging Create Temporary Aging Services Worker 78 Res. 87-11 Amend Budget Department of Social Services 79 ---PAGE BREAK--- 2011 RESOLUTION INDEX 15 Res. 88-11 Accept Donation/Amend Budget Youth Bureau (Wilkins Foundation) 79 Res. 89-11 Authorize Agreement Environmental Engineering Consultant Interoperable Communication Project 80 Res. 90-11 Extend Contract Several Departments Uniform & Rug Rental 80 Res. 91-11 Authorize Issuance of a Theatrical Production and Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) 84 Res. 92-11 Appoint Member - Cortland County Board of Health 85 Res. 93-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program - Buildings and Grounds 85 Res. 94-11 Amend Resolution 43-11 - Authorize Payment NYS Power Authority and National Grid Projects 86 Res. 95-11 Amend 2011 Budget Proceeds Surplus Equipment - Buildings and Grounds 87 Res. 96-11 Authorize Agreements Alternative to Incarceration/Probation (NYS Office of Probation and Correctional Alternatives 88 Res. 97-11 Amend 2011 Budget/Transfer Funds Sheriff's Department (NYS Office of Homeland Security) 88 Res. 98-11 Amend 2011 Budget Fire & Emergency Management (NYS Office of Homeland Security) 89 Res. 99-11 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) Cortland County Airport - Chase Field Highway Department 89 Res. 100-11 Award Bids Highway Department 90 Res. 101-11 Award Bids/Extend Agreements Highway Department 91 Res. 102-11 Approval of Cortland County Solid Waste Management Plan Modification - Highway Department 92 Res. 103-11 Amend 2011 Budget Planning Department (5311 STOA Program) 93 Res. 104-11 Authorize Hours of Operation County Clerk Office 93 Res. 105-11 Authorize One-Stop Operator Agreement Between the Cayuga-Cortland Workforce Investment Board and One-Stop Operator Consortium of the Cayuga Cortland Workforce Development System 94 Res. 106-11 Appoint/Re-Appoint Members Cortland County Youth Bureau 94 Res. 107-11 Accept Funds/Amend Budget Youth Bureau (SUNY Research Foundation/Americorps Program) 95 Res. 108-11 Abolish/Create Social Services Department Senior Clerk/Senior Social Welfare Examiner 96 Res. 109-11 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" (A6547, S4041A) 96 Res. 110-11 Endorsing State Legislation Amending County Law "In Relation to Wireless Communication Surcharges in the County of Cortland" (S4044A, A6548) 97 Res. 111-11 A Home Rule Request for Special Legislation to Amend the Tax Law, In Relation for Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until November 30, 2013 98 ---PAGE BREAK--- 2011 RESOLUTION INDEX 16 Res. 112-11 A Home Rule Request for Special Legislation to Amend the Tax Law, In Relation for Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until November 30, 2013 98 Res. 113-11 Authorizing the Engagement of Outside Legal Counsel for Cortland County, the Cortland County Legislature and Its Officers and Employees in Litigation of Certain Actions 99 Res. 114-11 Authorize Agreement/Request of Lease for Mental Health Department Offices at 1-5 Clayton Avenue, Cortland 99 Res. 115-11 Amend Policy & Procedures - Budget Modifications 100 Res. 116-11 Clarify Contract Terms - Multiple Resolutions (See Attached Schedule) 102 Res. 117-11 Amend/Authorize Agreements Youth Bureau (New York State Office of Children and Family Services) 104 Res. 118-11 Endorsing State Legislation Amending Tax Law, "In Relation to Extending the Authorization for Imposition of Additional Sales Tax in the County of Cortland" (A7513, S5025) 105 Res. 119-11 Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 Amending the Tax Law Relating to Authorizing the County of Cortland to Impose and Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions." (A7514, S5026) 105 Res. 120-11 Appoint Members Cortland County Traffic Safety Board 106 Res. 121-11 Authorize Agreement - Information Technology (Folder/Sealer Machine) 107 Res. 122-11 Authorize Agreement Astec Re-Ply Roof Systems - Buildings and Grounds 107 Res. 123-11 Authorize Agreement/Amend Budget - Child Passenger Safety Program - Sheriff's Department 108 Res. 124-11 Authorize Agreement Sheriff's Department/Jail (NYS-DOCS - Cook/Chill) 108 Res. 125-11 Accept FY10 State Homeland Security Grant Program Fire & Emergency Management (Contract #C838400 - FY2010 State Homeland Security Program) 109 Res. 126-11 Amend 2011 Budget Transfer - Highway Department 109 Res. 127-11 Amend 2011 Budget - Recognizing State Funds for Snow and Ice Removal - Highway Department 110 Res. 128-11 Award Highway Construction Project - Design, Supply and Install Pre-stressed Concrete 111 Res. 129-11 Award Household Hazardous Waste Contract - Highway Department/Landfill 112 Res. 130-11 Amend 2011 Budget Recognizing Payment for Pavement Markings - Highway Department 112 Res. 131-11 Authorize Agreement/Accept Funds Health Department/Administration (Healthy Places to Live, Work and Play Grant 113 Res. 132-11 Authorize Agreement/Accept Funds Health Department/Administration Susan G Komen Breast Cancer Grant 114 Res. 133-11 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2011-2012 Planning Department 114 ---PAGE BREAK--- 2011 RESOLUTION INDEX 17 Res. 134-11 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form - Planning Department 115 Res. 135-11 Authorize Agreements - Cortland County and Cortland County Snowmobile Clubs 2011-2012 - Planning Department 116 Res. 136-11 Amend 2011 Budget New York State Department of Transportation (NYSDOT) Federal Section 5316 Job Access and Reverse Commute 116 Res. 137-11 Amend 2011 Budget New York State Department of Transportation (NYSDOT) Federal Section 5317 - New Freedom (NF) Cortland County Planning Department 117 Res. 138-11 Authorize Grant Application - NYSDOT Federal Transit Administration Formula Program, Section 5316 - Job Access and Reverse Commute (JARC) Section 5317 - Program New Freedom (NF) for Non-Urbanized Areas for 2012 - 2013 - Cortland County Planning Department 118 Res. 139-11 Authorize the Central New York Regional Planning Board Partnership Agreement - NYSERDA RFP 2228: Better Buildings Sub-Grants to Small Municipalities - Planning Department 119 Res. 140-11 Accept Proposal/Authorize Agreement Workers Compensation Operations and Claims Audit County Administrator 120 Res. 141-11 Accept Grant/Amend Budget Homeland Security Grant Program Sheriff's Department 121 Res. 142-11 Amend Budget/Authorize Payment/Establish Account Gilberti Stinziano Hentz & Smith Emergency Interoperable Communications System 121 Res. 143-11 Authorize Agreement - Cortland County Chamber of Commerce 122 Res. 144-11 Retirement Reserve Amend Resolution 411-04 County Administrator 123 Res. 145-11 Authorize Auctioneer for Sale of County Properties County Treasurer 123 Res. 146-11 Authorize Apportionment of Mortgage Tax Monies Treasurer's Office 124 Res. 147-11 Amend Budget Sales Tax Treasurer's Office 124 Res. 148-11 Amend 2010 Budget - Budget Transfers for Negative Budgets County Administrator/County Treasurer 125 Res. 149-11 Authorize Agreement/Amend 2011 Budget Denkenberger and Greene 125 Res. 150-11 Adopt 2011-2012 Operating Budget Tompkins Cortland Community College 131 Res. 151-11 Appoint Republican Election Commissioner 132 Res. 152-11 Appoint/Re-appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 132 Res. 153-11 Re-Appoint Members - Cortland County Planning Board 133 Res. 154-11 Appoint Member Mental Health Subcommittee Community Services Board 133 Res. 155-11 Authorize Agreement Information Technology (Treborn Company, Inc. 134 Res. 156-11 Resolution Appointing Coroner's Physician 135 Res. 157-11 Appoint Coroner's Physician Authorize Agreement - Emergency Medical Physicians County Coroners 135 Res. 158-11 Rental Contract/Highway Department 136 Res. 159-11 Authorize Agreement New York State Department of Environmental Conservation Highway Department 136 Res. 160-11 Authorize Gravel Mine Agreement - Highway Department 136 Res. 161-11 Transfer Ownership of Vehicle - Highway Department 137 ---PAGE BREAK--- 2011 RESOLUTION INDEX 18 Res. 162-11 Authorize Transfer of Right-of-Way - Highway Department 137 Res. 163-11 Award Highway Department Service and Materials - Highway Department 138 Res. 164-11 Authorize Agreements/Accept Funds Health Dept./ Environmental Health Drinking Water Program 139 Res. 165-11 Authorize Contract Cortland County Clerk/RMO County Department Shredding 140 Res. 166-11 Authorize Agreement NYS Department of Taxation and Finance PILOT Program for Digital Real Property Transfer Report 140 Res. 167-11 Upgrade Maintenance Agreement County Clerk PlastiCard Systems 141 Res. 168-11 Cortland County Smoking and Tobacco Use Policy 141 Res. 169-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 143 Res. 170-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 143 Res. 171-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products 144 Res. 172-11 Amend Budget Department of Social Services (Transfer) 144 Res. 173-11 Accept Donation/Amend Budget Youth Bureau (Cortland Community Foundation) 145 Res. 174-11 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau 145 Res. 175-11 A Resolution in Support of Veterans Enrolled in Veterans Affairs Health Care 146 Res. 176-11 Designating the Budget & Finance Committee as the Audit Oversight Committee (Cortland County Legislature) 146 Res. 177-11 Authorize Repayment COPS/CSP Funding Above Threshold Amounts 147 Res. 178-11 Amend Resolution No. 25-11 - Authorize Petty Cash Accounts - Various Departments/County Administrator 148 Res. 179-11 Create Senior Audit Clerk Audit Department 148 Res. 180-11 Abolish/Create Staff Mental Health Program Director, Medical Records Administrator/Medical Clinical Director of Mental Health Programs, Compliance Officer Mental Health 154 Res. 181-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department 155 Res. 182-11 Amend Resolution No. 43-11 - Authorize Payment NYS Power Authority and National Grid Projects County Administrator 156 Res. 183-11 Accept Grant/Amend Budget Homeland Security Grant Program Sheriff's Department 157 Res. 184-11 Authorize Agreement County District Attorney (Office of Children and Family Services) 158 Res. 185-11 Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation 158 Res. 186-11 Award Highway Bid - Metal Object Removal Highway Department/ Recycling 159 Res. 187-11 Authorize Hangar Lease Building MH-1 Cortland County Airport 160 Res. 188-11 Appropriate Funds/Pavement Repairs Highway Department 131 ---PAGE BREAK--- 2011 RESOLUTION INDEX 19 Res. 189-11 Authorize Contract/Highway Department Town of Cincinnatus (Snow and Ice - County and State Road) 161 Res. 190-11 Authorize Contract/Highway Department Town of Homer (Snow and Ice - County Roads) 162 Res. 191-11 Authorize Contract/Highway Department Town of Lapeer (Snow and Ice - County Roads) 163 Res. 192-11 Authorize Contract/Highway Department Town of Marathon (Snow and Ice - County Roads) 164 Res. 193-11 Authorize Contract/Highway Department Town of Solon (Snow and Ice - County Roads) 165 Res. 194-11 Authorize Contract/Highway Department Town of Taylor (Snow and Ice - County Roads) 165 Res. 195-11 Authorize Contract/Highway Department Town of Truxton (Snow and Ice - County Roads 166 Res. 196-11 Authorize Contract/Highway Department Town of Willet (Snow and Ice - County Roads) 167 Res. 197-11 Authorize Exemption From Tipping Fees River Clean-Up - Cortland County Highway Department Division of Solid Waste 167 Res. 198-11 Authorize Agreement/Thomas Development Cortland County Legislature Dwyer Memorial Park/NY 168 Res. 199-11 Authorize Grant Application NYS Office of Parks, Recreation and Historical Preservation Dwyer Park Pavilion S EPF Grant 169 Res. 200-11 Amend 2011 Budget Cortland County Planning Department (Auction/Sale of Public Transit Bus) 169 Res. 201-11 Amend 2011 Budget Cortland County Planning Department (Auction/Sale of Public Transit Bus) 170 Res. 202-11 Adoption of Rules of Order Cortland County Legislature 171 Res. 203-11 Standard Work Day and Reporting Resolution Personnel Department 172 Res. 204-11 Extension of Agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc. and Nationwide Trust Company for the Continuation of the Cortland County Deferred Compensation Plan 173 Res. 205-11 Amend 2011 Budget/Authorize Payment Convention and Visitor's Bureau 173 Res. 206-11 Amend Budget Area Agency on Aging/Nutrition Program 174 Res. 207-11 Authorize Agreement Health Department/Environmental Health Engineering Services 175 Res. 208-11 A Resolution to Transfer Duties and Responsibilities to the Office of County Administrator/Budget Officer 176 Res. 209-11 Authorize Auctioneer for Sale of County Properties County Treasurer 177 Res. 210-11 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 178 Res. 211-11 Requesting the State Of New York to Provide an Extended Comment Period on the Revised Draft Supplemental Generic Environmental Impact Statement 179 ---PAGE BREAK--- 2011 RESOLUTION INDEX 20 Res. 212-11 Abolish Treasurer Department/County Administration Deputy County Treasurer/ Fiscal Manager 186 Res. 213-11 Transfer Funds/Bridge Repair Highway Department 183 Res. 214-11 Authorizing the Adoption of the Cortland County Multi-Jurisdictional All Hazard Mitigation Plan Fire & Emergency Management Sate (FEMO) 184 Res. 215-11 Award Contract Fire & Emergency Management Sate Homeland Security Program (SHSP) FY 2009 Management & Administration Consultant 185 Res. 216-11 Resolution to Approve Project, Authorize Acceptance of Grants from Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Authorize Construction and Construction Inspection Contracts - Obstruction Removal Cortland County Airport Highway Department 186 Res. 217-11 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization Action Plan) 187 Res. 218-11 Authorize Agreement with Coughlin & Gerhart, LLC 188 Res. 219-11 Amend Budget Area Agency on Aging (Title V Senior Community Service Employment Program) 188 Res. 220-11 To Make a Determination of Significance as Part of the Completion of the SEQRA Process Where the Cortland County Legislature Serves as the Lead Agency for the Proposed Emergency Radio Communications System Project 191 Res. 221-11 Resolution to Authorize Motorola Solutions, Inc., to Proceed with Construction Phase and Full Completion of Contract for the Installation of the County-Wide Emergency Interoperable Radio Communications Project 192 Res. 222-11 Resolution to Authorize Execution of Option Agreements to Purchase Four Parcels of Land for Interoperable Radio Communication Project 193 Res. 223-11 Amend 2011 Budget/Transfer of Funds Sheriff's Department/Jail to Road (Fuel) 193 Res. 224-11 Amend 2011 Budget/Transfer of Funds Sheriff's Department/Jail to Road (Vehicle Expense) 194 Res. 225-11 Amend 2011 Budget/Transfer of Funds Sheriff's Department/Jail (Overtime Pay) 194 Res. 226-11 Resolution Amending Resolution 216-11 Obstruction Removal Cortland County Airport/Highway Department 195 Res. 227-11 Amend 2011 Budget Recognizing Insurance Recovery Funds Highway Department 195 Res. 228-11 Authorizing the Acceptance of all Property Acquired by the State of New York for the Truxton-Tully Road Reconstruction Project Highway Department 196 Res. 229-11 Approve Contract for Engineering Truxton-Tully Road/Highway Department 197 Res. 230-11 Award Highway Equipment - Used Man-lift Highway Department 197 Res. 231-11 Amend Resolution/Contract Barton & Loguidice Highway Department/Landfill 198 ---PAGE BREAK--- 2011 RESOLUTION INDEX 21 Res. 232-11 Direct Highway Department to Adjust Water Surface Elevations on Little York Lake - Highway Department 199 Res. 233-11 Authorize Agreements Health Department/Children with Special Needs Division (Contracts for Services) 200 Res. 234-11 Authorize Agreement Health Department (Nursing Division) MOMS Program Provider Physicians 201 Res. 235-11 Extend Agreement Cortland County Health Department/Nursing Division/Diagnostic and Treatment Center - Jack Venesky, CPS 202 Res. 236-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition - Miscellaneous Groceries and Frozen Foods 203 Res. 237-11 Authorize Agreement Employment and Training Department Cayuga-Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties 203 Res. 238-11 Authorize Execution of 2011 Reemployment and Eligibility Assessment (REA) Agreement 204 Res. 239-11 Amend Budget Department of Social Services (Aid to Victims of Violence 205 Res. 240-11 Amend 2011 Budget/Transfer Funds Health Department (Patient Expenses) 205 Res. 241-11 Proposed Local Law No. 2 for the Year 2011 - A Local Law to Authorize the Enclosure of Notices with Property Tax Bills "Truth in Taxation in Cortland County" 206 Res. 242-11 Adopt Local Law No. 3 for the Year 2011 Amending Local Law No. 2 for the Year 2009 Imposing a Mortgage Recording Tax 207 Res. 243-11 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 208 Res. 244-11 Cortland County Policy and Procedures for Auctioning Tax Sale Property Treasurer's Office 211 Res. 245-11 Award Highway Bid - Supplying Timber and Lumber for Crains Mills Rd. Bridge 212 Res. 246-11 Authorize Agreement - Bonadandio Group (Consultant for OMIG Process) 215 Res. 247-11 Authorize Expense Account Federal Salary Sharing Expense Account 216 Res. 248-11 Establish Date for Relevy of School Taxes (In Districts Other Than City School Districts) 217 Res. 249-11 Resolution Calling for the Allocation of Revenues from the New York State Public Safety Surcharge to Counties to Support 911 and Public Safety Communications 218 Res. 250-11 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program NYS GRANT) 219 Res. 251-11 Authorize Agreement/Accept Funds - Health Department Lead Poisoning Prevention Grant 219 Res. 252-11 Authorize Agreement/Accept Funds Health Department/ Administration/Special Programs Breast & Cervical Cancer Early Detection Program 220 ---PAGE BREAK--- 2011 RESOLUTION INDEX 22 Res. 253-11 Authorize Agreement/Accept Funds Health Department/Administration Public Health Preparedness 220 Res. 254-11 Authorize Agreements Health Department/Hospice (Program Services) 221 Res. 255-11 Authorize Agreements Health Department/Hospice (Insurance Reimbursement) 222 Res. 256-11 Authorize Expense Account Alcohol & Substance Abuse Services (Catholic Charities) 223 Res. 257-11 Authorize Agreement (Buildings and Grounds) Waste Management of New York, LLC 223 Res. 258-11 Authorize Agreement/HAZWOPER Training Highway Department 224 Res. 259-11 Authorize Extension of State Snow/Ice Control Agreement Highway Department 2254 Res. 260-11 Oppose Initiative Eliminating of Eye Tests for Driver's License Renewals Cortland County Clerk 225 Res. 261-11 Authorize Contract/Accept Funds/Amend Budget Public Defender (NYS Office of Indigent Legal Services) 226 Res. 262-11 Authorize 2012 Agreement James W. Sewall Company and Cortland County Planning Department 226 Res. 263-11 Authorize Transit Display Advertising Services for Cortland County Owned Buses Cortland County Planning Department 227 Res. 264-11 Resolution Pertaining to the New York State Chesapeake Bay TMDL 228 Res. 265-11 Amend 2011 Budget Unemployment Insurance 229 Res. 266-11 Authorize Agreement RFP for GASB Statement 32 Deferred Compensation Plan 229 Res. 267-11 Amend Salary Employment and Training Director (Additional Compensation) 230 Res. 268-11 Authorize Agreement Department of Social Services (Home Care of Rochester 230 Res. 269-11 Authorize Agreements Department of Social Services (Day Care Services) 231 Res. 270-11 Authorize Agreements Department of Social Services (Foster Care) 231 Res. 271-11 Authorize Agreements Department of Social Services (Work Experience Work Sites) 232 Res. 272-11 Authorize Amendment to Agreement with Cortland County Business Development Corporation 232 Res. 273-11 Resolution Supporting Senate Bill S.5889-B and Assembly Bill A.8644; Multi- Year State Takeover of Local Share of Medicaid 233 Res. 274-11 Amend Budget/Transfer Funds Treasurer's Department (Various) 234 Res. 275-11 Authorize Financial Support for Certiorari Tax Proceedings in Homer and Virgil 234 Res. 276-11 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau 235 Res. 277-11 Set Meeting, Public Hearing Dates Cortland County Legislature 236 Res. 277A-11 Adopt Proposed Local Law No. 4 for the Year 2011 - County of Cortland Employment Policy Manual for Department Heads, Management Compensation Employees/Confidential Employees 237 Res. 278-11 Authorize Agreement Cortland County Municipal Agreements 240 ---PAGE BREAK--- 2011 RESOLUTION INDEX 23 Res. 279-11 Authorize Payment/Ames Linen Floor Mats (Sheriff's Department) 241 Res. 280-11 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization ARRA Funds) 241 Res. 281-11 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 241 Res. 282-11 Appoint Members Community Service Board 242 Res. 283-11 Authorize Payment Patrick M. Snyder, Attorney at Law Interoperable Communications Project 242 Res. 284-11 Amend Budget/Transfer Funds Highway Department/Airport 243 Res. 285-11 Authorize Chairman to Sign Agreements/Planning Department (Cortland County and Southern Tier East Regional Planning Development Board 2012) (Cortland County and Central New York Regional Planning and Development Board 2012) 243 Res. 286-11 Authorize Agreement Cortland County Legislature (AmeriCorps Member) 244 Res. 287-11 Authorize Agreement Personnel/Civil Service (Several Agencies) 244 Res. 288-11 Authorize Agreements Area Agency on Aging (Several Agencies, Departments, Etc.) 245 Res. 289-11 Amend Budget Department of Social Services (Transfer - Safety Net) 245 Res. 290-11 Amend Budget Department of Social Services (Transfer - JD Care) 246 Res. 291-11 Amend Budget Department of Social Services (Transfer - Medical Assistance) 246 Res. 292-11 Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) 2469 Res. 293-11 Authorize Agreements Department of Social Services (Work Experience Work Sites) 247 Res. 294-11 Authorize Agreement Health Department Website On-Line Software Programming Support and Maintenance Services 247 Res. 295-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds - Renovations) 248 Res. 296-11 Amend 2011 Budget Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Program) 249 Res. 297-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds) 250 Res. 298-11 Authorize 2012 Budget Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Program) 250 Res. 299-11 Adopt Local Law No. 5 of 2011 - A Local Law Overriding Tax Levy Limit for Fiscal Year 2012 251 Res. 300-11 Revise 2012 Tentative Budget 252 Res. 301-11 Adopt 2012 County Budget as Revised 252 Res. 302-11 Appoint Citizens Advisory Committee Appointment of Public Officials 253 Res. 303-11 Authorize Agreement Recycling/Highway Department J.M. Murray Center - Recycling Sorting Services 253 Res. 304-11 Reject Bids Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials Recycling Center/Highway Department 254 Res. 305-11 Authorize Agreement/Leachate Testing Highway Department 255 ---PAGE BREAK--- 2011 RESOLUTION INDEX 24 Res. 306-11 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 255 Res. 307-11 Authorize Funding for Construction of Highway Capital Plan Highway Department 256 Res. 308-11 Support Federal Legislation Changing Bridge Design Standards 256 Res. 309-11 To Make a Determination of Significance as Part of the Completion of the SEQRA Process for Proposed Local Law No. 6 of 2011 257 Res. 310-11 County Treasurer Reallocate Salary Grade (Amend Management Compensation Plan) 258 Res. 311-11 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program 259 Res. 312-11 Authorize Agreements Mental Health Department (Several Agencies, Departments, Etc.) 259 Res. 313-11 Mental Health Create Temporary Part-Time Continuing Day Treatment Specialist 260 Res. 314-11 Create Delinquent Tax Receiver Treasurer's Office 260 Res. 315-11 Authorize Contract /Richard McNeilly, CPA 261 Res. 316-11 Award Contract Recycling Broker Recycling Center - Highway Department 261 Res. 316A-11 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 266 Res. 317-11 Authorize Agreement Information Technology (Cortland Electronics) 266 Res. 318-11 Resolution in Opposition to Article 10 of the Power of NY Act of Public Service Law - Cortland County Legislature 267 Res. 319-11 Authorize Agreement Department of Social Services (Cortland County Health Department) 268 Res. 320-11 Authorize Agreement Buildings & Grounds (6th Judicial Court District 268 Res. 321-11 Authorize Agreement Information Technology (Munis) 269 Res. 322-11 Authorize Contract - Information Technology Support Services/Information Technology (Town of Cortlandville) 269 Res. 323-11 Authorize Contract - Information Technology Support Services/Information Technology (Cortlandville Fire District) 270 Res. 324-11 Authorize Agreement Information Technology (All-Mode Communications, Inc. - Maintenance) 271 Res. 325-11 Authorize Agreement Information Technology (All-Mode Communications, Inc. - VoIP) 271 Res. 326-11 Adopt Confined Space Policy Safety Officer 271 Res. 327-11 Authorize Contract - Service Contract for RS6000 Sheriff's Messaging Server (System Maintenance Services) 280 Res. 328-11 Accept Proposal/Authorize Agreement Buildings & Grounds 280 Res. 329-11 Amend Resolution/Contract Ames Linen/Floor Mats 281 Res. 330-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail (Over Time) 281 Res. 331-11 Authorize Agreement Sheriff's Department/Jail/Sheriff Empire Interpreting Service 282 Res. 332-11 Authorize Contract/Lease Agreement Cortlandville Training Center 282 Res. 333-11 Create Temporary Keyboard Specialist Public Defender 282 ---PAGE BREAK--- 2011 RESOLUTION INDEX 25 Res. 334-11 Authorize Agreement Cortland County District Attorney (McMahon/Ryan Child Advocacy Center) (Child Advocacy Program Coordinator) 283 Res. 335-11 Abolish Positions Highway Department Recycling Center 283 Res. 336-11 Amend 2012 Budget Professional Services/JM Murray Center 284 Res. 337-11 Authorize County Attorney to Proceed with Acquisition of Necessary Land Rights Under Eminent Domain Procedure Law Highway Department/Airport 284 Res. 338-11 Establish T-Hangar Space and Ramp Tie-Down Rental Rates Cortland County Airport 285 Res. 339-11 Award Highway Equipment - Snow Plow/Dump Trucks Highway Department 286 Res. 340-11 Household Hazardous Waste Application Highway Department/Landfill 286 Res. 341-11 Adopt Proposed Local Law No. 6 for the Year 2011 - A Local Law to Establish a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill 288 Res. 342-11 Support Cortland County Internal Transportation Review Cortland County Planning Department 301 Res. 343-11 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2012 301 Res. 344-11 Amend Budget Area Agency on Aging/Nutrition (Nutrition Program Contracts) 302 Res. 345-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 303 Res. 346-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies 303 Res. 347-11 Authorize Agreement Maintenance & Supplies Employment and Training 304 Res. 348-11 Supporting A. 1909 and S.796 Regarding Free Hunting, Fishing, and Trapping Licenses to New York State Residents Who Are Active Duty Members of the United States Armed Services 305 Res. 349-11 Authorize Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers, Interpreter, Consultants and/or Facilitators) 305 Res. 350-11 Authorize Agreement/Accept Funds Health Department/Jacobus Center for Reproductive Health (State Grant) 306 Res. 351-11 Authorize Agreements Health Department/Nursing Division (CalSource Metrology Solutions) 306 Res. 352-11 Amend Resolution 233-11 Health Department/Children With Special Needs Division (Contracts for Services) 307 Res. 353-11 Amend Resolution 234-11 Health Department (Nursing Division) MOMS Programs Provider Physicians 308 Res. 354-11 Re-Appoint Staff Mental Health 308 Res. 355-11 Authorize Agreement/Accept Funds Mental Health Department (Enhanced State Funding) 313 Res. 356-11 Authorize Lease Agreement Motorola/Interoperable Communication System Information Technology 313 ---PAGE BREAK--- 2011 RESOLUTION INDEX 26 Res. 357-11 Authorizing the Engagement of Outside Legal Counsel for Cortland County and the Cortland County Legislature to Commence Eminent Domain Proceeding 314 Res. 358-11 Authorize Agreement Sheriff's Department/Jail Black Creek Integrated Systems Corporation 315 Res. 359-11 Authorize Apportionment of Mortgage Tax Monies Treasurer's Office 315 Res. 360-11 Authorizing the County Treasurer to Increase Contingency and Tax Stabilization Reserve Fund - County Administrator 316 Res. 361-11 Authorize Agreement Real Property Tax Services OCE Scanner/Printer 317 Res. 362-11 Authorize Intermunicipal Agreement for Shared Litigation Expenses - Certiorari Proceedings in Virgil 317 Res. 363-11 Amend 2012 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 318 Res. 364-11 Levy County Tax - City of Cortland Real Property Tax Services 318 Res. 365-11 Fix Date to Sign Warrant - Real Property Tax Services 319 Res. 366-11 Levy Town Special District Taxes - Real Property Tax Services 319 Res. 367-11 Levy Town General and Highway Taxes - Real Property Tax Services 320 Res. 368-11 Levy Water Charges - Town of Scott - Real Property Tax Services 321 Res. 369-11 Levy Water Charges - Town of Cincinnatus Real Property Tax Services 321 Res. 370-11 Levy Water Charges - Town of Cortlandville Real Property Tax Services 323 Res. 371-11 Levy Water Charges - Town of Harford Real Property Tax Services 324 Res. 372-11 Levy Water Charges - Town of Virgil Real Property Tax Services 325 Res. 373-11 Levy Sewer Charges - Town of Cortlandville Real Property Tax Services 325 Res. 374-11 Levy Sewer Charges - Town of Cuyler Real Property Tax Services 327 Res. 375-11 Levy Sewer Charges - Town of Virgil Real Property Tax Services 327 Res. 376-11 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 328 LOCAL LAW RESOLUTIONS Res. 81-11 Adopt Local Law No. 1 of 2011 A Local Law Setting the Salary of Cortland County Election Commissioners 76 Res. 241-11 Adopt Local Law No. 2 for the Year 2011 - A Local Law to Authorize the Enclosure of Notices with Property Tax Bills "Truth in Taxation in Cortland County" 206 Res. 242-11 Adopt Local Law No. 3 for the Year 2011 - Amending Local Law No. 2 for the Year 2009 Imposing a Mortgage Recording Tax 207 Res. 277A-11 Adopt Local Law No. 4 for the Year 2011 - A Local Law to Adopt the County of Cortland Employment Policy Manual for Department Heads, Management Employees and Management Confidential Employees 237 Res. 299-11 Adopt Local Law No. 5 for the Year 2011 - A Local Law Overriding Tax Levey Limit for Fiscal Year 2012 251 Res. 341-11 Adopt Local Law No. 6 for the Year 2011 - A Local Law to Establish a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill 288 MENTAL HEALTH ---PAGE BREAK--- 2011 RESOLUTION INDEX 27 Res. 31-11 Authorize Agreements (Several Agencies, Departments, Etc.) 31 Res. 55-11 Amend Budget 56 Res. 56-11 Amend Budget 57 Res. 61-11 Appoint Member Community Services Board (Mary McGory) 60 Res. 76-11 Amend Budget - Mental Health Department (Madison/Cortland ARC) 73 Res. 77-11 Authorize Agreement Mental Health Department (Mental Health Services) 73 Res. 114-11 Authorize Agreement/Request for Lease for Mental Health Department Offices at 1-5 Clayton Avenue, Cortland 99 Res. 154-11 Appoint Member Mental Health Subcommittee Community Services Board 133 Res. 161-11 Transfer Ownership of Vehicle - Highway Department 137 Res. 177-11 Authorize Repayment COPS/CSP Funding Above Threshold Amounts 147 Res. 180-11 Abolish/Create Staff Mental Health Program Director, Medical Records Administrator/Medical Clinical Director of Mental Health Programs, Compliance Officer Mental Health 154 Res. 246-11 Authorize Agreement - Bonandio Group (Consultant for OMIG Process) 215 Res. 247-11 Authorize Expense Account Federal Salary Sharing Expense Account 216 Res. 282-11 Appoint Members Community Services Board 242 Res. 312-11 Authorize Agreements Mental Health Department (Several Agencies, Departments, Etc.) 259 Res. 313-11 Mental Health Create Temporary Part-Time Continuing Day Treatment Specialist 260 Res. 354-11 Re-Appoint Staff Mental Health 308 Res. 355-11 Authorize Agreement/Accept Funds Mental Health Department (Enhanced State Funding) 313 MORTGAGE TAX Res. 112-11 A Home Rule Request for Special Legislation to Amend the Tax Law, In Relation for Extending the Authorization for Imposition of Mortgage Recording Tax in Cortland County Until December 1, 2013 98 MOTOR VEHICLE BUREAU Res. 63-11 Authorize Agreement/Handicap Entrance Installation Cortland County DMB/BOE Building 63 OCCUPANCY TAX OFF-TRACK BETTING PERSONNEL/CIVIL SERVICE/MANAGEMENT COMPENSATION Res. 203-11 Standard Work Day and Reporting Resolution Personnel Department 172 Res. 204-11 Extension of Agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc., and Nationwide Trust Company for the Continuation of the Cortland County Deferred Compensation Plan 176 ---PAGE BREAK--- 2011 RESOLUTION INDEX 28 Res. 218-11 Authorize Agreement with Coughlin & Gerhart, LLC 188 Res. 287-11 Authorize Agreement Personnel/Civil Service (Several Agencies) 244 PLANNING Res. 20-11 Requesting the NYS Legislature to Enact Legislation Allowing Rifle Hunting in Cortland County 16 Res. 103-11 Amend 2011 Budget Planning Department (5311 STOA Program) 93 Res. 133-11 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2011-2012 Planning Department 114 Res. 134-11 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form - Planning Department 115 Res. 135-11 Authorize Agreements - Cortland County and Cortland County Snowmobile Clubs 2011-2012 - Planning Department 116 Res. 136-11 Amend 2011 Budget New York State Department of Transportation (NYSDOT) Federal Section 5316 Job Access and Reverse Commute 116 Res. 137-11 Amend 2011 Budget New York State Department of Transportation (NYSDOT) Federal Section 5317 - New Freedom (NF) Cortland County Planning Department 117 Res. 138-11 Authorize Grant Application - NYSDOT Federal Transit Administration Formula Program, Section 5316 - Job Access and Reverse Commute (JARC) Section 5317 - Program New Freedom (NF) for Non-Urbanized Areas for 2012 - 2013 - Cortland County Planning Department 118 Res. 139-11 Authorize the Central New York Regional Planning Board Partnership Agreement - NYSERDA RFP 2228: Better Buildings Sub-Grants to Small Municipalities - Planning Department 119 Res. 140-11 Accept Proposal/Authorize Agreement Workers Compensation Operations and Claims Audit County Administrator 120 Res. 153-11 Re-appoint Members - Cortland County Planning Board 133 Res. 200-11 Amend 2011 Budget Cortland County Planning Department (Auction/Sale of Public Transit Bus) 169 Res. 201-11 Amend 2011 Budget Cortland County Planning Department (Auction/Sale of Public Transit Bus) 170 Res. 262-11 Authorize 2012 Agreement James W. Sewall Company and Cortland County Planning Department 226 Res. 263-11 Authorize Transit Display Advertising Services for Cortland County Owned Buses Cortland County Planning Department 227 Res. 285-11 Authorize Chairman to Sign Agreements/Planning Department (Cortland County and Southern Tier East Regional Planning Development Board 2012) (Cortland County and Central New York Regional Planning and Development Board 2012) 243 Res. 286-11 Authorize Agreement Cortland County Legislature (AmeriCorps Member) 244 Res. 342-11 Support Cortland County Internal Transportation Review Cortland County Planning Department 301 ---PAGE BREAK--- 2011 RESOLUTION INDEX 29 POLICY Res. 21-11 Adopt Policy Cortland County Workplace Violence Prevention Policy 17 Res. 24-11 Amend Policy and Procedure on the Collection, Handling & Disbursement of Departmental Funds 21 Res. 25-11 Authorize Petty Cash Accounts Various Departments 28 Res. 57-11 Adopt Policy Cortland County Lactation Policy 57 Res. 115-11 Amend Policy & Procedures Budget Modifications 100 Res. 168-11 Cortland County Smoking and Tobacco Use Policy 141 Res. 178-11 Amend Resolution 25-11 Authorize Petty Cash Accounts - Various Departments/County Administrator 148 Res. 244-11 Cortland County Policy and Procedures for Auctioning Tax Sale Property Treasurer's Office 211 Res. 310-11 County Treasurer Reallocate Salary Grade (Amend Management Compensation Plan) 258 Res. 326-11 Adopt Confined Space Policy Safety Office 271 Res. 343-11 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2012 301 PROBATION Res. 89-11 Resolution Calling on the Governor and the State Legislature to Recognize County Probation Departments as Important Partners in Public Safety and to Allocate State Funding to Pay for the Programs Probation Departments are Mandated to Provide 80 Res. 96-11 Authorize Agreements Alternative to Incarceration/Probation (NYS Office of Probation and Correctional Alternatives) 88 PUBLIC DEFENDER Res. 261-11 Authorize Contract/Accept Funds/Amend Budget Public Defender (NYS Office of Indigent Legal Services) 226 Res. 333-11 Create Temporary Keyboard Specialist Public Defender 282 . PUBLIC HEALTH . . Res. 17-11 Amend Budget (Re-appropriation of Expenses & Revenues Deferred from Prior Year, 2010 to 2011 12 Res. 18-11 Authorize Agreement/Accept Funds Health Department Jacobus Center for Reproductive Health (State Grant) 15 Res. 29-11 Authorize Agreement/Accept Funds Jacobus Center 30 Res. 30-11 Create Temporary Fiscal Officer Part-Time 31 Res. 54-11 Authorize Agreement/Accept Funds Health Department Public Health Preparedness 56 Res. 72-11 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant 70 ---PAGE BREAK--- 2011 RESOLUTION INDEX 30 Res. 73-11 Authorize Agreement Health Department/Administration Public Health Preparedness 71 Res. 74-11 Authorize Agreement Health Department/Hospice (Auditor) 71 Res. 75-11 Authorize Agreement/Accept Funds Health Department Indoor Radon Grant 72 Res. 92-11 Appoint Member Cortland County Board of Health 85 Res. 131-11 Authorize Agreement/Accept Funds Health Department/Administration (Healthy Places to Live, Work and Play Grant) 85 Res. 132-11 Authorize Agreement/Accept Funds Health Department/Administration Susan G. Komen Breast Cancer Grant 114 Res. 164-11 Authorize Agreements/Accept Funds Health Dept./Environmental Health Drinking Water Program 139 Res. 207-11 Authorize Agreement Health Department/Environmental Health Engineering Services 175 Res. 217-11 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization Action Plan Grant) 187 Res. 234-11 Authorize Agreement Health Department (Nursing Division) MOMS Programs Provider Physicians 201 Res. 235-11 Extend Agreement Cortland County Health Department/Nursing Division/Diagnostic and Treatment Center - Jack Venesky, CPS 202 Res. 240-11 Amend 2011 Budget/Transfer Funds Health Department (Patient Expenses) 205 Res. 250-11 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program NYS GRANT) 219 Res. 251-11 Authorize Agreement/Accept Funds - Health Department Lead Poisoning Prevention Grant 219 Res. 252-11 Authorize Agreement/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program 220 Res. 253-11 Authorize Agreement/Accept Funds Health Department/Administration Public Health Preparedness 220 Res. 254-11 Authorize Agreements Health Department/Hospice (Program Services) 221 Res. 255-11 Authorize Agreements Health Department/Hospice (Insurance Reimbursement) 222 Res. 280-11 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization ARRA Funds) 241 Res. 294-11 Authorize Agreement Health Department Website On-Line Software Programming Support and Maintenance Services 247 Res. 311-11 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program 259 Res. 319-11 Authorize Agreement Department of Social Services (Cortland County Health Department 268 Res. 349-11 Authorize Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers, Interpreter, Consultants and/or Facilitators) 305 Res. 350-11 Authorize Agreement/Accept Funds Health Department/Jacobus Center for Reproductive Health (State Grant) 306 ---PAGE BREAK--- 2011 RESOLUTION INDEX 31 Res. 351-11 Authorize Agreements Health Department/Nursing Division (CalSource Metrology Solutions) 306 Res. 352-11 Amend Resolution 233-11 Health Department/Children With Special Needs Division (Contracts for Services) 307 Res. 353-11 Amend Resolution 234-11 Health Department (Nursing Division) MOMS Programs Provider Physicians 308 . REAL PROPERTY TAX . . Res. 89-11 Amend Budget/Re-appropriate Funds 80 Res. 166-11 Authorize Agreement NYS Department of Taxation and Finance - PILOT 140 Res. 361-11 Authorize Agreement Real Property Tax Services OCE Scanner/Printer 317 Res. 362-11 Authorize Intermunicipal Agreement for Shared Litigation Expenses - Certiorari Proceedings in Virgil 317 Res. 363-11 Amend 2012 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 318 Res. 364-11 Levy County Tax - City of Cortland Real Property Tax Services 318 Res. 365-11 Fix Date to Sign Warrant - Real Property Tax Services 319 Res. 366-11 Levy Town Special District Taxes - Real Property Tax Services 319 Res. 367-11 Levy Town General and Highway Taxes - Real Property Tax Services 320 Res. 368-11 Levy Water Charges - Town of Scott - Real Property Tax Services 321 Res. 369-11 Levy Water Charges - Town of Cincinnatus Real Property Tax Services 321 Res. 370-11 Levy Water Charges - Town of Cortlandville Real Property Tax Services 323 Res. 371-11 Levy Water Charges - Town of Harford Real Property Tax Services 324 Res. 372-11 Levy Water Charges - Town of Virgil Real Property Tax Services 325 Res. 373-11 Levy Sewer Charges - Town of Cortlandville Real Property Tax Services 325 Res. 374-11 Levy Sewer Charges - Town of Cuyler Real Property Tax Services 327 Res. 375-11 Levy Sewer Charges - Town of Virgil Real Property Tax Services 327 Res. 376-11 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 328 RECYCLING (see SOLID WASTE MANAGEMENT) RULES OF ORDER Res. 202-11 Adoption of Rules of Order Cortland County Legislature 171 SAFETY Res. 326-11 Adopt Confined Space Policy - Safety Office 271 SALES TAX ---PAGE BREAK--- 2011 RESOLUTION INDEX 32 Res. 111-11 A Home Rule Request for Special Legislation to Amend the Tax Law, In Relation for Extending the Authorization for Imposition of Additional 1% Sales and Compensating Use Tax in Cortland County Until November 30, 2013 98 SHERIFF Res. 8-11 Authorize Agreement Extension (Oneida County Central NY Center Forensic Unit Services) 6 Res. 89-11 Authorize Agreement Black Creek Integrated Systems Corporation 80 Res. 97-11 Amend 2011 Budget/Transfer Funds Sheriff's Department (NYS Office of Homeland Security) 88 Res. 123-11 Authorize Agreement/Amend Budget Child Passenger Safety Program Sheriff's Department 108 Res. 124-11 Authorize Agreement Sheriff's Department/Jail (NYS-DOCS - Cook/Chill) 108 Res. 141-11 Accept Grant/Amend Budget Homeland Security Grant Program Sheriff's Department 121 Res. 156-11 Resolution Appointing Coroner's Physician 135 Res. 157-11 Appoint Coroner's Physician Authorize Agreement - Emergency Medical Physicians County Coroners 135 Res. 183-11 Accept Grant/Amend Budget Homeland Security Grant Program Sheriff's Department 157 Res. 185-11 Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation 158 Res. 223-11 Amend 2011 Budget/Transfer of Funds Sheriff's Department/Jail to Road (Fuel) 193 Res. 224-11 Amend 2011 Budget/Transfer of Funds Sheriff's Department/Jail to Road (Vehicle Expense) 194 Res. 225-11 Amend 2011 Budget/Transfer of Funds Sheriff's Department/Jail (Overtime Pay) 194 Res. 279-11 Authorize Payment/Ames Linen Floor Mats (Sheriff's Department) 241 Res. 327-11 Authorize Contract - Service Contract for RS6000 Sheriff's Messaging Server (Systems Maintenance Services) 280 Res. 329-11 Amend Resolution/Contract Ames Linen/Floor Mats 281 Res. 330-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail (Over Time) 281 Res. 331-11 Authorize Agreement Sheriff's Department/Jail/Sheriff Empire Interpreting Service 282 Res. 358-11 Authorize Agreement Sheriff's Department/Jail Black Creek Integrated Systems Corporation 315 SNOWMOBILE TRAIL MAINTENANCE AND DEVELOPMENT Res. 133-11 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2011-2012 Planning Department 114 ---PAGE BREAK--- 2011 RESOLUTION INDEX 33 Res. 134-11 Declare Negative Declaration of Environmental Impact Under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form - Planning Department 115 Res. 135-11 Authorize Agreements - Cortland County and Cortland County Snowmobile Clubs 2011-2012 - Planning Department 116 SOCIAL SERVICES Res. 89-11 Amend Budget Department of Social Services 80 Res. 108-11 Abolish/Create Social Services Department Senior Clerk/Senior Social Welfare Examiner 96 Res. 172-11 Amend Budget of Social Services (Transfer) 144 Res. 239-11 Amend Budget Department of Social Services (Aid to Victims of Violence) 2058 Res. 268-11 Authorize Agreement Department of Social Services (Home Care of Rochester) 230 Res. 269-11 Authorize Agreements Department of Social Services (Day Care Services) 231 Res. 270-11 Authorize Agreements Department of Social Services (Foster Care) 231 Res. 273-11 Resolution Supporting Senate Bill S.5889-B and Assembly Bill A.8644: Multi- Year State Takeover of Local Share of Medicaid 233 Res. 289-11 Amend Budget Department of Social Services (Transfer - Safety Net) 245 Res. 290-11 Amend Budget Department of Social Services (Transfer - JD Care) 246 Res. 291-11 Amend Budget Department of Social Services (Transfer - Medical Assistance) 246 Res. 292-11 Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) 246 Res. 293-11 Authorize Agreements Department of Social Services (Work Experience Work Sites) 247 Res. 319-11 Authorize Agreement Department of Social Services (Cortland County Health Department) 268 SOIL AND WATER CONSERVATION Res. 2-11 Authorize Payment (Cortland County Soil and Water District) 4 SOLID WASTE MANAGEMENT Res. 14-11 Engineering Services Agreement Highway/Solid Waste 10 Res. 51-11 Authorize County Administrator to Request Proposals for Marketing and Operations Consultant - Cortland County Landfill 54 Res. 102-11 Approval of Cortland County Solid Waste Management Plan Modification Highway Department 92 Res. 129-11 Award Household Hazardous Waste Contract - Highway Department/ Landfill 112 ---PAGE BREAK--- 2011 RESOLUTION INDEX 34 Res. 186-11 Award Highway Bid - Metal Object Removal Highway Department/ Recycling 159 Res. 197-11 Authorize Exemption from Tipping Fees River Clean-Up - Cortland County Highway Department Division of Solid Waste 167 Res. 231-11 Amend Resolution/Contract Barton & Loguidice Highway Department/Landfill 198 Res. 303-11 Authorize Agreement Recycling/Highway Department J.M. Murray Center - Recycling Sorting Services 253 Res. 304-11 Reject Bids Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials Recycling Center/Highway Department 254 Res. 305-11 Authorize Agreement/Leachate Testing Highway Department 255 Res. 306-11 Authorize Agreement/Environmental Monitoring Highway Department/ Landfill 255 Res. 316-11 Award Contract Recycling Broker Recycling Center - Highway Department 261 Res. 335-11 Abolish Positions Highway Department Recycling Center 283 Res. 336-11 Amend 2012 Budget Professional Services/JM Murray Center 284 Res. 340-11 Household Hazardous Waste Application Highway Department/Landfill 286 Res. 341-11 Adopt Proposed Local Law No. 6 for the Year 2011 - A Local Law to Establish a Program for the Collection, Transportation, and Disposal of Solid Waste and Recyclables at the Cortland County Landfill 288 STOP DWI TOMPKINS CORTLAND COMMUNITY COLLEGE (TC3) Res. 26-11 Authorize Payment TC3 Operating Budget 28 Res. 150-11 Adopt 2011-2012 Operating Budget Tompkins Cortland Community College 131 TREASURER Res. 27-11 Designation of Depositories 29 Res. 59-11 Authorize Payment (Surplus Sales Tax) 59 Res. 60-11 Authorize Agreement/Fiscal Advisors 59 Res. 145-11 Authorize Auctioneer for Sale of County Properties County Treasurer 123 Res. 146-11 Authorize Apportionment of Mortgage Tax Monies Treasurer's Office 124 Res. 147-11 Amend Budget Sales Tax Treasurer's Office 124 Res. 148-11 Amend 2010 Budget - Budget Transfers for Negative Budgets County Administrator/County Treasurer 126 Res. 208-11 A Resolution to Transfer Duties and Responsibilities to the Office of County Administrator/Budget Officer 176 Res. 209-11 Authorize Auctioneer for Sale of County Properties County Treasurer 177 Res. 212-11 Abolish Create Treasurer Department/County Administration 183 Res. 244-11 Cortland County Policy and Procedures for Auctioning Tax Sale Property Treasurer's Office 211 ---PAGE BREAK--- 2011 RESOLUTION INDEX 35 Res. 248-11 Establish Date for Relevy of School Taxes (In Districts Other Than City School Districts) 217 Res. 274-11 Amend Budget /Transfer Funds Treasurer's Department (Various) 234 Res. 310-11 County Treasurer Reallocate Salary Grade (Amend Management Compensation Plan) 258 Res. 314-11 Create Delinquent Tax Receiver Treasurer's Office 260 Res. 359-11 Authorize Apportionment of Mortgage Tax Monies Treasurer's Office 315 Res. 360-11 Authorizing the County Treasurer to Increase Contingency and Tax Stabilization Reserve Fund - County Administrator 316 VETERAN'S SERVICE Res. 175-11 A Resolution In Support of Veterans Enrolled in Veterans Affairs Health Care 146 WEIGHTS & MEASURES WORKERS' COMPENSATION YOUTH BUREAU Res. 88-11 Accept Donation/Amend Budget Youth Bureau (Wilkins Foundation) 79 Res. 106-11 Appoint/Re-Appoint Members Cortland County Youth Bureau 94 Res. 107-11 Accept Funds/Amend Budget Youth Bureau (SUNY Research Foundation/Americorps Program) 95 Res. 117-11 Amend/Authorize Agreements Youth Bureau (New York State Office of Children and Family Services) 104 Res. 173-11 Accept Donation/Amend Budget Youth Bureau (Cortland Community Foundation) 145 Res. 174-11 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau 145 ---PAGE BREAK--- Cortland County Legislature January 27, 2011 6:00 P.M. Minutes Order of Business Chairman Williams opened the Regularly Scheduled meeting at 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present. (Ms. Gofkowski arrived at approximately 6:25 p.m.) Approval of Minutes Mr. Troy made a motion to approve the Minutes of December 16, 2010. Seconded by Mr. Parker. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Bob Duell, Director of Fire & Emergency Management, spoke in favor of the Interoperable Communications System. John Perry of Truxton spoke in favor of the Interoperable Communications System, and read a poem about Emergency Service responders. Sheriff Lee Price spoke in favor of the Interoperable Communications System and talked about the history of this mandate and the county’s response over the last six years, beginning with the State Wide Network, and the appointment of the Communications Advisory Board. City Police Chief Catalano spoke in favor of the Interoperable Communications System, saying that if it is not approved, the City Police and Sheriff officers may lose mobile-data capabilities. Fire Chief Kinney of Cortlandville spoke in favor of the Interoperable Communications System. He said that the current system should not be patched, it needs to be replaced. Brian Pendle, a State Fire Instructor, spoke in favor of the Interoperable Communications System. He told stories about fire departments that have lost firefighters due to inadequate communications systems. Chief Gebel of Cortland spoke in favor of the Interoperable Communications System, saying the single- frequency radio systems have lead to fatalities in other counties throughout the state and country. Chief Mahlon Irish of Homer spoke in favor of the Interoperable Communications System. In the late 1970 the entire county fire service had about 75 radios on the same single-frequency system that is currently in use, and they responded to 1,600 alarms. Now there are more than 250 radios and responded to 5,600 alarms so far this year. This leads to the single-frequency being drastically overloaded. Chief Jack Harvey spoke in favor of the Interoperable Communications System. He said every emergency services agency has seen an increase in call volume, and a dated system like the existing one is not sufficient, and could lead to lawsuits for not updating to a better program. 1 ---PAGE BREAK--- Chief John Tillotsen from Marathon shared a personal experience where the current communications system put he and his partner in danger while on an emergency call, as the portable radio coverage was not available. Chief Dustin Contri of Marathon spoke in favor of the Interoperable Communications System. He spoke about a recent fire that sent more firefighters and equipment than necessary because those on the scene could not communicate with other departments and agencies. Chief Richard Roberts of the Cincinnatus Fire Department spoke in favor of the Interoperable Communications System, saying that his Department often covers emergencies in neighboring Chenango County, but will soon be unable to communicate with them, or with their own department if on the scene. Deputy Kevin Whitney spoke about the efforts of the Community Services Board and urged Legislators to vote in favor of the Interoperable Communications System. City Fire Chief Charles Glover spoke in favor of the Interoperable Communications System. He stated that this is not a project that emergency responders want, it is something they need to effectively do their jobs, which is keeping Cortland County residents safe. Nick Wagner spoke in favor of Interoperable Communications System, and explained what mobile data is. In the 4th quarter of 2010 about 787,000 messages were sent from patrol cars to the server and then dispatched. 772,000 were sent back to the patrol cars. This is an average of 3 million per year, which is a significant cost savings over personnel on hand to handle calls if the mobile data is unavailable. Doug VanEtten of Homer spoke in favor of the Interoperable Communications System. He provided a copy of an Economic Impact report from 2003 that shows the impact volunteer firefighters have on a county. Jeffrey Griswold of Preble spoke about the lack of portable coverage in the county and how the Interoperable Communications System would address this problem. David Denniston spoke in favor of the Interoperable Communications Project and urged Legislators to vote to approve the project. Proclamations & Recognitions The Clerk read a Recognition, recognizing Bonnie Ann Heath for her 37 years of service to the American Red Cross. Ms. Price presented the recognition and Dr. John Lutz read a letter from Senator Kirsten Gillinbrand to Ms. Heath. Reports of Standing, Special and Ad Hoc Committees County Administrator Martin Murphy gave a PowerPoint presentation on the options relating to the County Interoperable Communications Project, including a home site, a shared site, and a minimal or “band aid” upgrade. He also included potential ways to pay for the project and discussed leasing vs. bonding options. Dave White from Motorola gave a brief PowerPoint presentation and highlighted the proposal the County is considering, including the number of towers and associated costs. Under the proposal Motorola would guarantee 95% coverage for services. The current system covers about 56% of the county. Evaluations of simply narrow-banding the current system would cost about $4 million and reduce coverage to about 46%. New Business Chairman Williams said in the interest of all the servicemen and women that are in attendance he would like to consider the interoperable communications resolutions first. 2 ---PAGE BREAK--- Agenda Item No. 21 – Bond Resolution of the County of Cortland, New York, Authorizing Issuance of Up to $16,000,000 Bonds of the County of Cortland To Pay a Portion of the Costs of Construction of the County’s Interoperable Telecommunications System On motion of Mr. Park. Seconded by Mr. Cornell. Prior to any discussion, Mr. Pace made a motion to table the resolution. Seconded by Mr. Spaulding. Chairman Williams called for a roll call vote on the motion to table. The motion was approved, with a weighted vote of 25,581 (see attached). Chairman Williams indicated that if Agenda Item No. 21 is tabled, then no other action should be taken on the other resolutions as well. He asked Mr. White if Motorola would grant an extension on their proposal. Mr. White said Motorola would extend their offer until February 15, 2011. Mr. Park then made a motion to table Agenda Items 17, 18, 19, 20 and 31. Seconded by Mr. Pace. Chairman Williams asked for a roll call vote. The motion was approved with a weighted vote of 25,581. (see attached). Ms. Briggs made a motion to hold a Special Meeting of the Legislature for Feb. 15, 2011, at 6 p.m. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The motion was approved. (Mr. Willcox and Ms. Briggs left the meeting and were excused.) Agenda Item No. 1 – Authorize Agreement – Cortland County (Cornell Cooperative Extension) On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 1-11 Authorize Agreement Cortland County (Cornell Cooperative Extension) WHEREAS, the 2011 Adopted Budget appropriated funds in the amount of $322,000.00 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 $322,000.00 in quarterly payments to the above named agency, said sum to be distributed as follows: Cornell Cooperative Extension of Cortland County $248,277.00 Rent (CCE of Cortland County) 73,723.00 Total $322,000.00 , AND BE IT FURTHER RESOLVED, that pursuant to section 224 of the County Law, said agency shall render to the County Legislature a certified account of disbursements with verified or certified figures attached, AND BE IT FURTHER RESOLVED, that any unused amounts of said sums shall be refunded to the County of Cortland. Agenda Item No. 2 – Authorize Payment – Cortland County (Cortland County Soil & Water Conservation District) 3 ---PAGE BREAK--- On motion of Mr. Williams. Seconded by Mr. Steger. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 2-11 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) WHEREAS, the 2011Adopted Budget appropriated the sum of $300,000.00 to be paid to the Cortland County Soil and Water Conservation District for the expense of maintaining said district and assisting the district in carrying out the provisions of the Soil 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 $300,000.00 (Account Number A87105 54850) on or after February 18, 2011, 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 2011, 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. Agenda Item No. 3 – Authorize Agreement – Finger Lakes Library Association On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 3-11 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 2011, whereas in consideration of the sum of $5,000.00 (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. Agenda Item No. 4 – Authorize Agreement – Cortland County (1890 House) 4 ---PAGE BREAK--- On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 4-11 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 $6,000.00 in the 2011 Budget in account A75205.54820, 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 $6,000.00 with the 1890 House Museum to be paid from account A75205.54820 Miscellaneous Contract. Agenda Item No. 5 – Authorize Agreement – Lime Hollow Nature Center On motion of Mr. Williams. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. ROSS RESOLUTION NO. 5-11 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 2011 whereby in consideration of the sum of $6,000.00 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 RESOLVED, that pursuant to § 224 of the County Law, the said nature center shall render to the County Legislature a verified account of disbursements and verified or certified figures therefore attached, AND BE IT FURTHER RESOLVED, that any unused amount of said sum shall be refunded to the County of Cortland. Agenda Item No. 6 – Authorize Agreement – Cortland County (Federation of Sportsmen) On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. ROSS RESOLUTION NO. 6-11 Authorize Agreement Cortland County (Federation of Sportsmen) 5 ---PAGE BREAK--- 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 $3,600 (Account Number A8720-54855) for the term of January 1, 2011 through December 31, 2011. Agenda Item No. 7 – Authorize Agreement Cortland County (Cortland County Historical Society) On motion of Ms. Arnold Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 7-11 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 $15,000.00 in the 2011 Budget in account A75205.54820, 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 A75205.54820 Miscellaneous Contract for the purposes of collecting and preserving historical records of Cortland County. Agenda Item No. 8 – Authorize Agreement Extension – Sheriff’s Department/Jail (Oneida County- Central NY Center Forensic Unit Services On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION MR. WILLIAMS RESOLUTION NO. 8-11 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 6 ---PAGE BREAK--- 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 January 1, 2011 through December 31, 2013, 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. 9 – Appoint Member – Industrial Development Agency Board of Directors and Cortland County Development Corporation On motion of Mr. Williams. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 9-11 Appoint Member Industrial Development Agency Board of Directors and Cortland County Development Corporation WHEREAS, pursuant to General Municipal Law 856, the Cortland County Legislature, on recommendation of the Chairman of the Cortland County Legislature, is required to appoint the members of the Industrial Development Agency Board of Directors, AND WHEREAS, the Chair of the Cortland County Legislature has duly appointed and designated, subject to confirmation by the Cortland County Legislature, the following individual to serve as the Board of Directors of the Cortland County Development Corporation NOW THEREFORE BE IT RESOLVED, James Pelowski, 3709 Katie Lane, Cortland, NY 13045, is hereby appointed to the Industrial Development Agency Board of Directors effective immediately to fulfill two year term, left vacant by the resignation of William Breidinger, or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature does hereby confirm the above appointment, effective immediately, to fulfill a two-year term to the Cortland County Development Corporation, left vacant by the resignation of William Breidinger, or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years. Agenda Item No. 10 – Amend Budget/Re-Appropriate Funds – Buildings & Grounds On motion of Mr. Park. Seconded by Bushnell. All members voting in favor; none opposed. Agenda Item No. 10 became: 7 ---PAGE BREAK--- ON MOTION MR. WILLCOX RESOLUTION NO. 10-11 Amend Budget/Re-Appropriate Funds Buildings & Grounds WHEREAS, there were funds in the amount of $ 31,509.57 remaining unexpended in the Account No. A16205.54076, B&G Expenses at the end of 2010, AND WHEREAS, Masonry repairs at the Cortland County Office Building were not completed due to time and weather in 2010, NOW THEREFORE BE IT RESOLVED, that these funds be re-appropriated in 2011 with the following amendment to the 2011 budget: Increase A16205.54076 B&G Expense $20,000.00 Expense A16205.54076 B&G Expense $20,000.00 Agenda Item No. 11 – Amend Budget/Re-Appropriate Funds (Buildings & Grounds) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION MR. WILLCOX RESOLUTION NO. 11-11 Amend Budget/Re-Appropriate Funds Buildings & Grounds WHEREAS, there were funds in the amount of $ 7,600.00 remaining unexpended in the Account No. A16205.52025, Repair & Maintenance at the end of 2010, AND WHEREAS, approval to purchase the Massey Ferguson tractor came late in the year and corresponding budget modifications, invoices and purchase orders were not processed in 2010, NOW THEREFORE BE IT RESOLVED, that these funds be re-appropriated in 2011 with the following amendment to the 2011 budget: Increase A16205.52025 Repair & Maintenance $ 7,600.00 Expense A16205.52025 Repair & Maintenance $ 7,600.00 Agenda Item No. 12 – Authorize Agreement – Information Technology (All-Mode Communications) On motion of Mr. Park. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 12 became: 8 ---PAGE BREAK--- ON MOTION OF MR WILLCOX RESOLUTION NO. 12-11 Authorize 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, 2010 AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc for January 1st, 2011 thru December 31st, 2011 has been received in the amount of $9,210.24 if paid annually(includes a 4% 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. Agenda Item No. 13 – Engineering Services Term Agreement/ Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. Mr. Fuller asked for a friendly amendment. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 13-11 Engineering Services Term Agreement Highway Department WHEREAS, the County Highway Superintendent has identified the need for Professional Engineering Services for the performance of highly specialized engineering tasks for the Cortland County Highway Department, AND WHEREAS, these highly specialized engineering tasks would be most effectively performed by a consulting engineering firm that regularly and successfully performs these types of tasks, AND WHEREAS, the Selection Committee has recommended Barton & Loguidice, 290 Elwood Davis Road, Syracuse, New York 13220 to provide Professional Engineering Services to the County Highway Department on various engineering tasks assigned by the County Highway Superintendent, NOWTHEREFORE BE IT RESOLVED, that the costs of the task assigned by the County Highway Superintendent under the Term Agreement shall not exceed the amount appropriated in Accounts D50205.54055 and A71105.54055, ($15,000 per year) AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute a contract with Barton & Loguidice, 290 Elwood Davis Road, Syracuse, New York 13220, for Professional Engineering Services. Agenda Item No. 14 – Engineering Services Term Agreement/Solid Waste On motion of Mr. Fuller. Seconded by Mr. Troy. Mr. Fuller asked for a friendly amendment. All members voting in favor; none opposed. Agenda Item No. 14 became: 9 ---PAGE BREAK--- ON MOTION OF MR. FULLER RESOLUTION NO. 14-11 Engineering Services Term Agreement Highway Department/Solid Waste WHEREAS, the County Highway Superintendent has identified the need for Professional Engineering Services for the performance of highly specialized engineering tasks for the Cortland County Highway Department, Solid Waste Division, AND WHEREAS, these highly specialized engineering tasks would be most effectively performed by a consulting engineering firm that regularly and successfully performs these types of tasks, AND WHEREAS, the Selection Committee has recommended Barton & Loguidice, 290 Elwood Davis Road, Syracuse, New York 13220 to provide Professional Engineering Services to the County Highway Department, Solid Waste Division on various engineering tasks assigned by the County Highway Superintendent, NOW THEREFORE BE IT RESOLVED, that the costs of the task assigned by the County Highway Superintendent under the Term Agreement shall not exceed the amount appropriated in Accounts EL81605.54055 and EL81615.54055, ($7,000 per year), AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute a contract with Barton & Loguidice, 290 Elwood Davis Road, Syracuse, New York 13220, for Professional Engineering Services. Agenda Item No. 15 – Authorizing a Home Rule Request for Special Legislation to Provide For Implementation of an Additional Telephone Surcharge for Cortland County On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PARK RESOLUTION NO. 15-11 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 by January 1, 2013, 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, 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 $16,000,000 and relying solely on bonding 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, 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 10 ---PAGE BREAK--- $.65 per line per month in addition to the surcharge under County Law §303, and that the County Attorney draft a proposed bill for presentation to State Senator Seward and Lifton. Agenda Item No. 16 – Authorizing a Home Rule Request for Special Legislation to Increase the Wireless Surcharge for Cortland County On motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PARK RESOLUTION NO. 16-11 Authorizing A Home Rule Request For Special Legislation To Increase The Wireless Surcharge For Cortland County WHEREAS, the FCC has mandated all VHF and UHF land mobile radio systems migrate to narrowband or 12.5 KHz channels by January 1, 2013, 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, 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 $16,000,000 and relying solely on bonding 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, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland does hereby request special legislation be enacted to amend County Law §308-a in order to permit an increase in the wireless communication surcharge in Cortland County from $.30 to $1.00 per month, and that the County Attorney draft a proposed bill for presentation to State Senator Seward and Lifton. Agenda Item No. 17 – Authorize Agreement – Trespasz & Marquardt LLP – Interoperable Communications Project – TABLED Agenda Item No. 18 – Authorize Agreement – Gilberti, Stinziano Heintz & Smith PC – Interoperable Communications Project – TABLED Agenda Item No. 19 – Resolution Declaring the County of Cortland, NY SEQRA Lead Agency and Issuing a Positive Declaration for the Proposed Interoperable Telecommunications System Project.; and Determining that Contracting for the Design of the Proposed System, Including the Issuance of Bonds and/or Notes fo the County to Finances Such Work May and Shall be Permissibly Segmented from the SEQRA Review of the Proposed Project – TABLED Agenda Item No. 20 – Resolution Determining That the Execution of a Communications System Agreement with Motorola Inc., and Authorizing the Issuance of Bonds to Pay a Portion of the Costs of Designing the County’s E-911 System in Connection with the Proposed Interoperable Telecommunications System Constitute An Unlisted Action Under SEQRA and Adopting a Negative Declaration – TABLED 11 ---PAGE BREAK--- Agenda Item No. 21 – See Above Agenda Item No. 22 – Amend Budget – Health Department (Re-appropriation of Expenses & Revenues Deferred from Prior Year 2010 to 2011) On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR PACE RESOLUTION NO. 17-11 Amend Budget Health Department (Reappropriation of Expenses & Revenues Deferred From Prior Year, 2010 to 2011) WHEREAS, the Health Dept. has funds allocated to them for grant fiscal years that are different from the County fiscal year of 1/1/2010 through 12/31/2010, and grant funds not expended from these grants need to be re-appropriated for use in 2011, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be amended as follows: Increase: Expenses: A40105 54001 4002 Tobacco Prevention Printing $ 7,176 A40105.54005.4002 Tobacco Prevention Supplies 15,352 A40105.54020.4002 Tobacco Prevention Postage 10,604 A40105.54035.4002 Tobacco Education & Training 18,765 A40105.54045.4002 Tobacco Prevention Travel 3,625 A40105.54047.4002 Tobacco Prevention Mileage 1,782 A40105.54055.4002 Tobacco Prevention Prof. Svces 9,000 A40105.54060.4002 Tobacco Prevention Advertising 33,448 A40105.54078.4002 Tobacco Fuel 358 Revenue: A401043 43450.4002 Tobacco Prevention $100,110 Expenses: A40105.52015.4003 Traffic Safety Tech Equip. $ 20 A40105 54001.4003 Traffic Safety Printing 802 A40105.54005.4003 Traffic Safety Office Supplies 502 A40105.54012.4003 Traffic Safety Special Supplies 14,752 A40105.54020.4003 Traffic Safety Postage 154 A40105.54035.4003 Traffic Education & Training 1,498 A40105.54045.4003 Traffic Travel 1,042 A40105.54047.4003 Traffic Safety Mileage 1,318 A40105.54078.4003 Traffic Safety Fuel 394 A40105.54083.4003 Traffic Supporting Svces 2,135 Revenue: A401043 43450.4003 Traffic Safety $22,617 Expenses: A40105 54001.4007 Cancer Screening Printing $ 609 A40105.54005.4007 Cancer Screening Supplies 2,303 A40105.54006.4007 Cancer Screening Medical Supplies 577 A40105.54020.4007 Cancer Screening Postage 147 A40105.54035.4007 Cancer Screening Education 5,543 A40105.54045.4007 Cancer Screening Travel 1,930 A40105.54047.4007 Cancer Screening Mileage 622 12 ---PAGE BREAK--- A40105.54055.4007 Cancer Screening Prof. Svces 27,932 A40105.54060.4007 Cancer Screening Advertising 3,986 A40105.54075.4007 Cancer Screening Office Equipment 502 A40105.54078.4007 Cancer Screening Fuel 497 A40105.54500.4007 Cancer Medical Fees 141,070 Revenue: A401043 43450.4007 Cancer Screening $185,718 Expenses: A40105.54005.4008 Komen Grant Office Supplies $ 515 A40105.54020.4008 Komen Grant Postage 23 A40105.54035.4008 Komen Grant Education & Training 271 A40105.54500.4008 Komen Grant Fees & Services 1,993 Revenue: A401043.43450.4007 Komen Grant $ 2,802 Expenses: A40105.52015.4010 Emergency Preparedness Equipment $ 622 A40105.52060.4010 Emergency Prepared. Computer Equip 874 A40105.54000.4010 Emerg. Preparedness Telephone 2,862 A40105.54001.4010 Emerg. Preparedness Printing 28 A40105.54004.4010 Emerg. Preparedness Software 1,351 A40105.54005.4010 Emerg. Preparedness Office Supplies 6,405 A40105.54006.4010 Emerg. Preparedness Medical Supplies 2,905 A40105.54012.4010 Emerg. Preparedness Special Supplies 812 A40105.54020.4010 Emerg. Preparedness Postage 1,251 A40105.54035.4010 Emerg. Preparedness Educ. & Training 2,292 A40105.54045.4010 Emerg. Preparedness Travel 1,666 A40105.54047.4010 Emerg. Preparedness Mileage 2,347 A40105.54050.4010 Emerg. Preparedness. Maintenance 322 A40105.54055.4010 Emerg. Preparedness Prof. Svces 607 A40105.54078.4010 Emerg. Preparedness Fuel 400 Revenue: A401043 43450.4010 BioTerrorism $24,744 Expenses: A40125.54000.4021 Drinking Water Telephone $ 452 A40125/54005.4021 Drinking Water Office Supplies 348 A40125.54020.4021 Drinking Water Postage 19 A40125.54035.4021 Drinking Water Educ. & Training 575 A40125.54040.4021 Drinking Water Dues/Member 40 A40125.54045.4021 Drinking Water Travel 447 A40125.54078.4021 Drinking Water Fuel 892 A40125.54300.4021 Drinking Water Vehicle Maintenance 2,800 A40125.54500.4021 Drinking Water Med Fees 5,433 Revenue: A401243 43450.4021 Drinking Water $ 11,006 Expense: A40125.54005 .4023 Tobacco Enforcement Office Supply $ 155 A40125.54020.4023 Tobacco Enforcement Postage 46 A40125.54035.4023 Tobacco Enforcement Education 738 A40125.54045.4023 Tobacco Travel 400 13 ---PAGE BREAK--- A40125.54055.4023 Tobacco Enforcement Professional Svces 1,011 A40125.54060.4023 Tobacco Enforcement Legal Notices 717 A40125.54078.4023 Tobacco Enforcement Fuel 120 A40125.54083.4023 Tobacco Enforcement Support Svces 450 Revenue: A401243.43450.4023 Tobacco Enforcement $ 3,637 Expense: A40115.54000.4032 IAP Telephone 151 A40115.54005 .4032 IAP Office Supplies 367 A40115.54006.4032 IAP Medical Supplies 2,316 A40115.54020.4032 IAP Postage 977 A40115.54035.4032 IAP Education 1,781 A40115.54045.4032 IAP Travel 720 A40115.54047.4032 IAP Mileage 72 A40115.54055.4032 IAP Professional Svce 170 A40115.54060.4032 IAP Advertising 151 A40115.54075.4032 IAP Office Equipment 15 A40115.54078.4032 IAP Fuel 14 Revenue: A401143 43450.4032 Immunization Action Plan $ 6,734 Expense: A40115.54001.4038 Immunization ARRA Printing $ 293 A40115.54005.4038 Immunization ARRA Office Supply 601 A40115.54006.4038 Immunization ARRA Medical Supply 663 A40115.54020.4038 Immunization ARRA Postage 77 A40115.54035.4038 Immunization ARRA Education 1,400 A40115.54047.4038 Immunization ARRA Mileage 200 A40115.54060.4038 Immunization ARRA Advertising 500 Revenue: A401143.43450.4038 Immunization ARRA $ 3,734 Expenses: A40115.54000.4033 Lead Telephone $ 70 A40115.54001.4033 Lead Printing 192 A40115.54005.4033 Lead Office Supplies 42 A40115.54012.4033 Lead Special Supplies 80 A40115.54020.4033 Lead Postage 139 A40115.54035.4033 Lead Education & Training 97 A40115.54045.4033 Lead Travel 475 A40115.54047.4033 Lead Mileage 131 A40115.54055.4033 Lead Professional Svce 400 A40115.54075.4033 Lead Office Equipment 33 A40115.54078.4033 Lead Fuel 40 A40115.54500.4033 Lead Medical Fees 1,652 Revenue: A401143 43450.4033 Childhood Lead Prevention Program $ 3,351 Expense: A40595.52010.4054 EIP ARRA Office Equip $ 1,568 A40595.52060.4054 EIP ARRA Computer Equip 894 A40595.54045.4054 EIP ARRA Travel 987 A40595.54047.4054 EIP ARRA Mileage 200 14 ---PAGE BREAK--- A40595.54050.4054 EIP ARRA Repair & Maintenance 142 A40595.54055.4054 EIP ARRA Professional Svces 2,000 A40595.54075.4054 EIP ARRA Equipment 120 Revenue: A405943.43450.4054 EIP ARRA Funds $ 5,911 Agenda Item No. 23 – Authorize Agreement/Accept Funds – Health Department/Jacobus Center for Reproductive Health (State Grant) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 18-11 Authorize Agreement/Accept Funds Health Department/ Jacobus Center for Reproductive Health (State Grant) WHEREAS, the Bureau of Women’s Health of the New York State Health Department has awarded the Jacobus Center for Reproductive Health additional funds for the fiscal year 2010 in the amount of $13,432 to purchase and promote usage of Emergency Contraceptive (EC) and $38,990 to provide and promote usage of HPV vaccine, AND WHEREAS, these funds are already in the 2010 County Budget in Revenue Account A403543.43435 $52,422 (Family Planning State Aid Grant) and in Expenditure Accounts A40355.54006 $42,675 (Medical Supplies) and A40355.4055 $9,747 (Professional Services), 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, is hereby authorized to sign this agreement with the State of New York to accept these funds. Agenda Item No. 24 – Authorize Agreement (SPCA) On motion of Mr. Ross. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 24 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 19-11 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, 2011, and ending December 31, 2011, 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 15 ---PAGE BREAK--- 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. Agenda Item No. 25 – Resolution Requesting the NYS Legislature to Enact Legislation Allowing Rifle Hunting in Cortland County – Planning Department On motion of Mr. Ross. Seconded by Mr. Bushnell. Ms. Arnold said that not all hunters are responsible and she will vote no as a precaution. Mr. Parker said there is no designated area set for rifle hunting, so he will also vote no. Mr. Fuller explained that this resolution was approved by the previous legislature, but action was never taken by the state due to dysfunction at the state legislative level. Chairman Williams called for a roll call vote (see attached). The motion was approved with a weighted vote of 33,088. Agenda Item No. 25 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 20-11 Resolution Requesting the New York State Legislature to Enact Legislation Allowing Rifle Hunting In Cortland County Planning Department WHEREAS, the Cortland County Legislature would support a bill to allow rifle hunting for big- game in Cortland County, AND WHEREAS, big game rifle hunting is permitted in many counties throughout New York State, AND WHEREAS, Ontario County, Madison County, and Schuyler County have passed similar resolutions in support of such legislation, AND WHEREAS, during the 2008 big game season center-fire rifles were allowed as a legal firearm for the harvesting of big game (deer) in Madison County on a pilot basis, AND WHEREAS, there were no incidents of accidents involving rifles reported in Madison County during the 2008 big game (deer) season, AND WHEREAS, a like request did not get complete action in the year 2010, it is now requested that action be completed in time for the Big Game Hunting Season of 2011, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby request the New York State Legislature to adopt special legislation amending New York State law § 11-0901, amending the environmental conservation law relating to the use of rifle for hunting in the County of Cortland, AND BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Governor Andrew Cuomo, Peter Iwanowicz DEC Acting Commissioner, the New York State Fish and Wildlife Management Act Board, Senator James Seward, Barbara Lifton, Gary Finch and Brain Kolb. Agenda Item No. 26 – Adopt Policy – Cortland County Workplace Violence Prevention Policy On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 26 became: 16 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 21-11 Adopt Policy Cortland County Workplace Violence Prevention Policy WHEREAS, it has been deemed necessary that a workplace violence policy be adopted, NOW THEREFORE BE IT RESOLVED, that the following policy entitled Cortland County Workplace Violence Prevention Policy be adopted by the Cortland County Legislature, to be effective immediately. CORTLAND COUNTY WORK PLACE VIOLENCE PREVENTION POLICY Policy Statement: Cortland County is committed to promoting a safe and secure work environment for all its employees. All County employees are expected to maintain a work environment free from violence, threats of harassment, intimidation or coercion. The purpose of this policy is to address the issue of potential workplace violence, prevent workplace violence from occurring to the fullest extent possible, and set forth procedures to be followed when such violence has occurred. Workplace violence is defined as defined by the New York State Department of Labor, is any physical assault, threatening behavior, or verbal abuse occurring where the public employee performs any work-related duty in the course of his or her employment. Such actions include: • Causing physical injury to another person. • Making threatening remarks. • Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress. • Intentionally damaging employer property or property of another employee. • Committing acts motivated by, or related to, sexual harassment or domestic violence. Therefore, except as may be required as a condition of employment: • No employee shall bring into any work site any weapon or other dangerous instrument that might reasonably be used as a weapon. • No employee shall use, attempt to use, or threaten to use any weapon or dangerous instrument in a work site. • No employee shall cause or threaten to cause physical injury to any individual, or intentionally cause damage to property in a work site. • No employee shall make threatening or bullying remarks towards another person. Types of Workplace Violence 1. Criminal intent – these violent acts are committed for the purpose of committing a crime, like a burglary. 2. Customer or client – violence directed at employees by customers or clients 3. Personal – violence committed by an individual who does not work at the business, but has a personal relationship with an employee. 4. Co-worker – violence committed against employees by current or former employees Scope of Policy All County employees, vendors, contractors, consultants, and others who do business with the County, whether in a County facility or where official County business is conducted, are covered by this policy. This policy also applies to other persons not affiliated with the County, such as 17 ---PAGE BREAK--- former employees and visitors. When employees have complaints about other employees, they should contact their immediate supervisor. If the complaint involves their immediate supervisor, they should contact their department head. Cortland County prohibits workplace violence. Complaints involving workplace violence will be given the serious attention they deserve. Individuals who violate this policy may be removed from County property and employees may be subject to disciplinary action up to and including termination, consistent with County policies, rules and collective bargaining agreements, and/or referral to law enforcement authorities for criminal prosecution. The County, at the request of an employee, or at its own discretion, may prohibit members of the public, including family members, from seeing an employee on County property unless necessary to transact County- related business. This policy particularly applies in cases where the employee suspects that an act of violence will result from an encounter with said individual(s). Reporting of Incidents It is the responsibility of all employees to report all threatening behavior to their supervisor or department head immediately. Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any County employee. Workplace violence should be reported using the threat summary form at the end of this policy. Additionally, County employees are encouraged to report behavior that they reasonably believe poses a potential for workplace violence. Any person experiencing or witnessing imminent danger or actual violence involving weapons or personal injury should call 911 immediately. All individuals who believe a crime has been committed against them have the right, and are encouraged, to report the incident to the appropriate law enforcement agency. Employees who make false and malicious complaints of workplace violence, as opposed to complaints which, even if erroneous, are made in good faith, will be subject to disciplinary action and/or referral to law enforcement authorities as appropriate. Administrative Procedures for Incident Reporting 1. The supervisor or department head to whom the employee reports the threat will review the threat with that employee and with any other appropriate staff. 2. The supervisor or department head will notify all appropriate personnel, including law enforcement, if necessary. 3. The supervisor or department head will complete the Incident Report and forward it to the Personnel Officer who will convene the Workplace Violence Advisory Team. Timeliness of Reporting It is the policy of Cortland County to investigate reports of workplace violence in a reasonable time period. Because there are limits to Cortland County’s ability to provide effective safeguards, primary responsibility for protecting against harm must remain with the threatened employee through the exercise of vigilance, common sense and his/her rights to police protection as a citizen. Nothing in this procedure limits the threatened employee from exercising his/her legal rights to make additional arrangements for protections which do not impede his/her ability to perform his/her work duties. Confidentiality The County shall maintain the confidentiality of investigations of workplace violence to the fullest extent possible. The County will act on the basis of anonymous complaints where it has a reasonable basis to believe that there has been a violation of this policy and that the safety and well being of County employees would be served by such action Employee Assistance Program (EAP) 18 ---PAGE BREAK--- The County shall maintain an employee assistance program for all employees to utilize for counseling purposes. Victims of workplace violence will be offered and encouraged to use this program and may access it by contacting the Personnel Officer. Retaliation Retaliation against anyone acting in good faith who has made a complaint of workplace violence, who has reported witnessing workplace violence, or who has been involved in reporting, investigating, or responding to workplace violence is a violation of this policy. Those found responsible for retaliatory action may be subject to discipline up to and including termination. Education The County is responsible for the dissemination and enforcement of this policy as described herein, as well as for providing opportunities for training in the prevention and awareness of workplace violence. The County Safety Officer, department heads and supervisors are responsible to assist in identifying available training opportunities, as well as other resources and tools, (such as reference materials detailing workplace violence warning signs) that can be incorporated into County prevention materials for dissemination to County Employees. All County employees will receive workplace violence training during their new employee orientation and annually thereafter. It is the responsibility of the Safety Officer and department heads to ensure that all employees receive this training. Bomb Threat Protocol In the event an employee receives notice, by telephone or otherwise, of a bomb threat, the employee shall immediately call 911 and notify their department head and/or supervisor. Responsibilities The County shall establish a Risk Assessment Team and a Workplace Violence Advisory Team. The Risk Assessment Team will be comprised of the Safety Officer and Deputy Personnel Officer. This team will be responsible for evaluating all worksites and continually monitoring them for potential workplace violence hazards. The Workplace Violence Advisory Team will be comprised of the Personnel Officer, County Administrator and Chairman of the Legislature. The Workplace Violence Advisory Team will make changes to the policy/program as appropriate and be responsible for investigating reports of workplace violence incidents. Agenda Item No. 27 – Authorize Procurement of Property and Casualty Insurance On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 22-11 Authorizing Procurement of Property And Casualty Insurance WHEREAS, the County is in need of Property and Casualty Insurance policies; including general liability, crime, law enforcement liability, medical malpractice, automobile liability, public officials’ liability, property, and umbrella coverage, AND WHEREAS, McNeil & Company has received a policy proposal on the County’s behalf for insurance coverage beginning January 1, 2011 from the County’s current insurer, NOW, THEREFORE, BE IT 19 ---PAGE BREAK--- RESOLVED, the Chairman of the Legislature, with the concurrence of the County Administrator, upon review and approval be the County Attorney, is authorized to execute necessary contracts with the following agencies to bind insurance coverage for the County, in an amount not to exceed $425,000.00 AND, BE IT FURTHER • Argonaut Insurance Company: (Administered through Trident Insurance Company) - General Liability, Auto Liability, Law Enforcement Liability, Public Officials Liability and Excess Liability • Axis Insurance Company: (Administered through Trident Insurance Company) Property Coverage, Inland Marine Coverage and Crime Coverage • Traders & General Insurance Company (One Beacon): - Professional Medical Malpractice Coverage RESOLVED, that these policies shall serve as a blanket undertaking as required by §403 of County Law and authorized by §11 of Public Officers Law, AND BE IT FURTHER RESOLVED, the County Administrator is directed to file a copy of these policies with the County Clerk and the Clerk of the Legislature. Agenda Item No. 28 – Authorize Agreement Cortland County Convention & Visitor’s Bureau for Provision of Public Benefits Services for Promotion and Publicity On motion of Ms. Arnold. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 23-10 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 2011 Adopted Budget, Account Number (A6410554822), NOW THEREFORE BE IT, RESOLVED, that pursuant to Section 224 of County Law, the County shall enter into a contract with the Cortland County Convention and Visitors Bureau under the following terms and conditions: 1. The amounts to be paid from County funds shall not exceed Three Hundred and Fifty Thousand Dollars ($350,000) 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 20 ---PAGE BREAK--- 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 $175,000 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, 2011 to December 31, 2011. 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, AND BE IT FURTHER 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 2011 with the Cortland County Convention and Visitors Bureau for the sum of $350,000 in accordance with the terms of said contract. Agenda Item No. 29 – Amend Policy and Procedure on the Collection, Handling and Disbursement of Departmental Funds On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 24-11 Amend Policy and Procedure on the Collection, Handling and Disbursement of Departmental Funds WHEREAS, Resolution 424-06 established Policies and Procedures for the collection, handling and disbursements of departmental funds, and was amended by Resolution 185-10, AND WHEREAS, there is a need to amend that policy to include regulations regarding petty cash accounts for various departments, NOW THEREFORE BE IT RESOLVED, that the policy be amended as attached. ATTACHMENT Cortland County Policy and Procedures Collection, Handling and Disbursement of Departmental Funds PURPOSE: This policy is designed to provide a uniform set of regulations and procedures applicable to all County Departments, Offices and Agencies that have responsibility for directly collecting, handling or disbursing funds, insure to the security and safeguarding of those funds and provide for the appropriate oversight and audit. 21 ---PAGE BREAK--- POLICY: Departments involved in the collection or handling of funds in connection with the conduct of official County business shall be subject to regulations and procedures, which in every reasonable way, provide for full accountability and control so as to insure the security and safeguarding of those funds. The County Treasurer as Chief Fiscal Officer of the County shall have a primary role in overseeing the handling of and accounting for County funds. In order to optimize the cash flow of the County and to maximize investment income, County funds collected shall be paid over to the County Treasurer as frequently as possible. REGULATIONS AND PROCEDURES: 1) Collection of County Fees and Payments. Department Heads shall be responsible for the collection of fees and payments due to the County either as a result of goods or services delivered or provided by their department or pursuant to that department's other duly authorized or designated governmental responsibility. County fees and payments collected shall be at rates established by law or regulation, as provided for in duly authorized contracts or as otherwise established by the County Legislature. Unless otherwise prescribed by law or regulation, payment for goods or services delivered by a department for which a fee is collectable shall generally be due upon delivery of the good or service. In the event that collection of a fee or payment shall not be appropriate at the time of delivery of the good or service, the department shall issue invoices or bills for such goods or services. Except as otherwise approved in writing by the County Treasurer invoices or bills shall be issued on at least a basis and shall be in a form approved by the County Treasurer. Where possible departments shall issue invoices and bills on a more frequent basis. Invoices and bills shall instruct that checks shall be made payable to "Cortland County Treasurer" unless a department has been authorized to establish a departmental bank account for the deposit of such funds, in which case invoices and bills shall instruct that checks be made payable to the head of the collecting department by title or the department. The County Attorney's Office shall provide legal assistance to a department as necessary to enforce collection of delinquent payment of bills and invoices issued by a department. The County Treasurer shall be notified at the close of each fiscal year in writing as to the amount of and status of invoices or bills issued and outstanding. The County Treasurer may require that such information be provided on a more frequent basis when appropriate for accounting purposes. 2) Fees and Payments Collected and Held on Behalf of Others In cases where funds collected in the form of fees or payments are to be held by department on behalf of another government agency or private concern pursuant to the provisions of State or Federal statutes or regulations or pursuant to a court order, such funds shall be collected, handled, accounted for and disbursed in accordance with the requirements of such statutes, regulations or court order. To the extent that this policy does not conflict with such statutes, regulations or court order, such funds shall be collected, handled, accounted for and disbursed in accordance with this policy. 3) Form of Payment 22 ---PAGE BREAK--- Department heads shall accept as payment of funds owed to the County as provided in Section 1, either cash, check or other warrant except as provided in Section 7 herein. Unless a department has been authorized to establish a departmental bank account pursuant to Section 10 herein, all checks and warrants which provide for payment of funds owed to the County shall be made payable to "Cortland County Treasurer." In cases where a departmental bank account has been established pursuant to said Section 10, all checks and warrants shall be made payable to the department head of the collecting department by title or the department. 4) Receipts to be Provided, Restrictive Endorsement Departments collecting funds on behalf of the County or another government agency or holding funds in custody for a private concern shall provide written or mechanically generated receipts for all fees collected or monies otherwise received when such fees or monies are in the form of cash or when requested by the paying party. Written receipts shall be preprinted and numbered and shall be issued in numerical order. Copies of all receipts issued shall be kept on file in the office of the collecting department. All checks or warrants received shall be restrictively endorsed immediately upon receipt by the collecting department. In cases where funds are received in the form of a check or warrant by a department which has not been authorized to establish a checking account for deposit of such funds, such check or warrant shall be restrictively endorsed by the collecting department as follows: "For Deposit Only, Cortland County Treasurer." In cases where funds are received in the form of check or warrant by a department which has been authorized to establish a bank account for the deposit of such funds, such check or warrant shall be restrictively endorsed as follows: "For Deposit Only " (Name of Collecting Department.) 5) Handling and Accounting for Funds Collected Departments collecting or receiving monies on behalf of the County, or otherwise collecting funds in accordance with Section 3 above shall maintain a system of record keeping and internal controls which shall fully account for funds received and shall provide a system to properly secure such funds until released from the custody of the Department. 6) Payment and Deposit of County Funds Collected A) Daily Payment of County Funds Collected to County Treasurer Except as provided in Section 6. B below, County funds in the form of fees collected or payments otherwise received shall be paid over to the County Treasurer on a daily basis, toward the end of each business day, at the minimum. B) Temporary Holding and Deposit of County Funds Collected Only in cases where daily delivery or payment to the Treasurer of County funds collected is not practical (as determined by the Department Head with the written approval of the County Treasurer) or is prohibited by law or regulation are County funds collected to be held in custody for more than a day by a department. In the event that a department has been authorized to establish a departmental bank account pursuant to Section 10 of these regulations and procedures the department shall temporarily deposit funds collected in such account on a daily basis, provided, however that the County Treasurer may establish a reasonable threshold as to the amount of funds collected in a given 23 ---PAGE BREAK--- day for which a daily deposit would not be required. C) Payment Procedure In all cases, all County funds collected during a given month shall be paid over to the County Treasurer by the collecting department prior to the tenth day of the succeeding month. Each time monies are paid over they shall be accompanied by a statement, on a form prescribed by the County Treasurer, signed by the appropriate collecting Department Head or their designee identifying the general source of the funds, identifying the period of time during which the funds were collected and certifying that the amount of funds turned over represent all such funds collected during the specified time period. All checks or warrants paying County funds to the County Treasurer from a checking account established pursuant to Section 10 of this policy shall be payable to "Cortland County Treasurer." Upon receiving County funds from a Department Head the County Treasurer shall provide an appropriate receipt therefore. 7) Checks Returned for Insufficient Funds. Checks which comprise County funds paid over to a department which are returned for insufficient funds shall be subject to a service charge as provided for in Resolution No. 249 of 2002 as same may be amended from time to time. In cases where a party has previously tendered payment by check or warrant which has been returned for insufficient funds, the department may require that future payments from such party shall be made in cash or by certified check. 8) Refunds of County Fees and Payments Erroneously Collected Refunds of fees or monies erroneously collected on behalf of the County and paid over to the County Treasurer shall be made by the County Treasurer payable to the party from whom funds were originally received by the department upon receipt of a statement from the Department Head attesting to the validity of such refund. In the event that monies erroneously collected on behalf of the County are in the custody of the collecting department and the said department has a departmental checking account, such Department Head shall issue a refund subject to the written approval of the County Treasurer. 9) Departmental Petty Cash Funds. A. General Requirement a. The Cortland County Legislature recognizes that petty cash funds are appropriate for the efficient daily operation of departments, and that suitable accounting procedures and controls must be in place to manage petty cash funds. b. All petty cash funds must be authorized by a resolution of the Cortland County Legislature (County Law Section 371 The County Auditor is responsible for the audit of County expenditures from petty cash funds and for internal audits to determine that controls are in place and being followed by the departments. c. Petty cash funds established by the County Legislature may be used for the purposes specified in the resolution establishing the fund. Department Heads having a petty cash fund within their department shall be cashier of such fund but may designate an employee as cashier by filing a 24 ---PAGE BREAK--- written designation in the office of the County Treasurer. d. Authorized petty cash expenditures may be for materials, supplies, or services other than employment, furnished to the County for the conduct of its affairs on a daily basis. Such expenditures may include, but are not limited to, expenses for transporting clients, postage due on mail, mailing items after County mail has been done or to meet deadlines, and expenses at vendors that do not accept requisitions/purchase orders (i.e. tolls, parking, fuel, and other emergency needs). e. Pursuant to Articles 12, 23, and 24 of the County Police Association; Deputy Sheriff Correctional Officers and the Civilian Unit of Cortland County Agreements, respectively, by and between Cortland County and the any transport or medical assignment outside of the jail where meals are not provided by the Sheriff, the assigned employees may seek meal expense reimbursement with properly signed receipts submitted on Monday for payment on the following Friday. f. Expenditures that are not considered appropriate for petty cash and that will not be approved include, but are not limited to, conference/meeting or travel expenses, office supplies, personal use, expenditures which circumvent any established bidding procedure or other County purchasing policy. An exception is made in County Law 371 whereby employees of the District Attorney or Sheriff’s Department may be advanced funds from petty cash where required to travel on official business. g. A petty cash fund may be used for the purpose of making change when such is required in the performance of official duties. Personal or payroll checks may not be cashed from a petty cash fund. h. At any given time, the total of cash from a petty cash fund plus receipts in a department’s petty cash fund must equal the total amount allocated to that department by resolution of the Legislature. B. Documentation and Procedures a. All requests to establish, increase, or abolish a petty cash fund must be submitted by the department head, to the County Administrator for preliminary approval. If approved, the County Administrator shall submit to the Budget and Finance Committee for their approval. The resolution shall be submitted to the County Legislature for final approval. b. The department head then assigns a custodian to oversee use of the fund and to implement internal control procedures. The department must notify the Auditor’s Office of the name(s) of the assigned custodian(s) and title(s). c. Numbered preprinted petty cash slips shall be generated by the cashier and signed by the recipient for each disbursement from a petty cash fund. Each slip shall be completed in ink and shall state in numbers and words the amount of funds being disbursed. All disbursements from a petty cash fund shall be subject to submission of appropriate receipts or statements which fully document expenses incurred. Reconciliation of 25 ---PAGE BREAK--- each petty cash fund shall be accomplished at least once per month or each time replenishment of the fund is requested on forms provided by the County Auditor. A request to replenish a petty cash fund shall be subject to the approval of the County Auditor in accordance with the Auditing Policy and as same may be amended from time to time. The custodian(s) can make disbursements from the fund only with the completion of a petty cash slip. In the case where money is advanced for a purchase, the amount of such advance must be recorded and later revised to the exact amount when the purchase is made and a sales slip received. d. Expenditures from petty cash are, of necessity, payments in advance. Therefore, all such payments must be properly itemized and verified and such information must be maintained by the custodian of the petty cash fund subject to a timely reconciliation after the actual expense is determined and documented. e. The custodian replenishes the fund by submitting a purchase order with the vendor invoices marked “paid”, or the sales receipts to the County Auditor in accordance with the Requisition/Purchase Order Policy. f. Whenever there is a change in the department head, or the fund custodian, the fund is counted and the new department head or custodian, as the case may be, acknowledges in writing, the receipt of the fund. Signed receipts shall also be forwarded to the Auditor’s Office. g. Cash shortages must be immediately reported to the Treasurer’s Office. Upon such notification, the Treasurer’s Office shall conduct a full investigation and submit findings to the County Administrator for further action if necessary. C. Auditing of Petty Cash Funds The County Auditor and/or the County Treasurer shall have the authority to audit any petty cash fund at any time, provided, however, that a petty cash fund established for the purposes of conducting criminal investigation activities shall be audited in a manner consistent with that outlined by the New York State Comptroller. D. Other The County Treasurer, subject to approval of the County Administrator, may issue guidelines, not inconsistent with this policy, which provide further direction and guidance in the administration of petty cash funds. 10) Establishment and Maintenance of Bank Accounts Unless specifically required by law, regulation or court order, establishment of bank accounts by departments and officers shall be subject to approval of the County Treasurer. Every effort shall be made to minimize the number of bank accounts established. For every bank account currently in existence, or hereafter established, for deposit of funds within the custody of a department, whether such funds shall be the property of the County or another government or private concern. 26 ---PAGE BREAK--- there shall be on file in the County Treasurer's Office a statement signed by the custodial Department Head and the County Treasurer which outlines the need for the account and the purpose or purposes for which it exists or was established. Such statement shall also identify the authorized signatories for the given account or those authorized to otherwise withdraw funds from the account. Departments shall update the statement on file with the Treasurer at such time as there is a significant change in information relating to the account. Whenever possible and economically beneficial bank accounts established pursuant to this Section shall be interest bearing accounts. In evaluating whether to open an interest bearing account the department shall take into consideration projected interest earnings as well as service fees. All bank accounts established pursuant to this Section shall be in a commercial bank within the County. All funds deposited in a departmental bank account shall be fully secured by insurance of the Federal Deposit Insurance Corporation or obligations of New York State, obligations of the United States, obligations of federal agencies the principle and interest of which are guaranteed by the United States, obligations of any municipal corporation, school district or district corporation of the State of New York, obligations of a public authority or public housing authority of the State of New York. By the twentieth day of each month or more frequently as may be agreed to by the County Treasurer and the Department Head, each Department Head shall provide the County Treasurer with a copy of the bank statement for all bank accounts within his custody, a reconciliation of the account and a statement in a form prescribed by the County Treasurer generally describing to what extent the funds are the property of the County or are held in a fiduciary capacity for another government or private concern. The County Treasurer may periodically require that cancelled checks be produced by a department in support of bank statements and reconciliation forms. Departments authorized to establish a bank account pursuant to this Section shall, whenever possible and practical, require two signatures on all checks disbursing funds from a checking account. All disbursements from checking accounts established pursuant to this Section which are not made payable to "Cortland County Treasurer" and all withdrawals from any other departmental bank account shall be supported by appropriate documentation which shall be kept on file in the department. 11) Audit of Departmental Accounts and Records All records and accounts in the custody of a Department Head which relate to funds collected on behalf of the County shall be subject to audit at any time by the County Treasurer or by the County Auditor. The County Treasurer and County Auditor shall report to the County Administrator any findings of non-compliance with these regulations and procedures. The County Administrator shall keep the Chairman of the County Legislature and the Budget and Finance Committee of the Board informed of any incidents of non-compliance and shall initiate appropriate corrective action. 12) Clarification of Policy Any questions relative to the intent of this policy, regulations and procedures or any request for clarification of same shall be subject to a determination of the Budget and Finance Committee or if deemed necessary and appropriate by such Committee, the County Legislature. Agenda Item No. 30 – Authorize Petty Cash Accounts – Various Departments/County Administrator 27 ---PAGE BREAK--- On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 25-11 Authorize Petty Cash Accounts Various Departments/County Administrator WHEREAS, it is necessary for many departments to have cash on hand for daily operations and emergency situations, AND WHERAS, the County has adopted a policy covering the Collection, Handling and Disbursement of Departmental Funds, NOW THEREFORE BE RESOLVED, that the following departments be allocated the amounts below for petty cash accounts, and that said accounts be administered in accordance with the County’s duly adopted Collection, Handling, and Disbursement of Departmental Funds Policy. PETTY CASH ACCOUNTS January 2011 Object Department $ Amount 121001 County Clerk 1,300 121002 Probation 300 121004 Sheriff 1,500 121005 Treasurer 100 121007 Mental Health 50 121008 Health Dept. 45 121010 Nutrition 500 121011 Nursing 50 121015 Real Property 25 121016 District Attorney 50 121017 Planning 25 121021 Solid Waste 300 121022 Board of Elections 170 121024 Weights & Measures 250 121026 Social Services 100 121028 Env. Health 150 121035 Jacobus Center 100 Agenda Item No. 31 – Authorize Agreement – Patrick M. Snyder, Attorney at Law – Interoperable Communications Project – TABLED Agenda Item No. 32 – Authorize Payment – Tompkins Cortland Community College (Operating Budget 2010-2011) On motion of Ms. Arnold. Seconded by Ms. Gofkowski. The clerk noted that the county’s percentage of sponsorship has gone down by and amended the figures as such. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 26-11 Authorize Payment Tompkins Cortland Community College 28 ---PAGE BREAK--- (Operating Budget 2010-2011) WHEREAS, the Cortland County Legislature by Resolution No. 99-08 approved the 2009-2010 Operating Budget for Tompkins Cortland Community College and appropriated the necessary funds in the 2010 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 2010-2011 on the following dates in the following manner: February 1, 2011 $ 393,580.00 April 1, 2011 $ 393,580.00 June 1, 2011 $ 393,580.00 August 1, 2011 $ 393,580.00 Total $1,574,320.00 , AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature be and hereby is directed to send certified copies of this resolution to the President of Tompkins Cortland Community College, the Tompkins County Legislature, and the Cortland County Treasurer. Agenda Item No. 33 – Designation of Depositories On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda item No. 33 became: ON THE MOTION OF MS. ARNOLD RESOLUTION NO. 27-11 Designation of Depositories WHEREAS, County Law Section 212 and General Municipal Law Section 10 require that the Cortland County Legislature designate one or more banks or trust companies for the deposit of public funds received by the County Treasurer, AND WHEREAS, such designation must specify the maximum amount which may be kept on deposit at any time in each bank designated by the Cortland County Legislature, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby designates the following banks and trust companies for the deposit of public funds received by the County Treasurer and that the County Treasurer is authorized to utilize these institutions for said purpose not to exceed maximum amounts listed below: NAME MAXIMUM AMOUNT Alliance Bank, NA $25,000,000.00 First Niagara Commercial Bank $25,000,000.00 First National Bank of Groton $10,000,000.00 M & T Bank $10,000,000.00 First National Bank of Dryden $10,000,000.00 29 ---PAGE BREAK--- Key Bank of New York $10,000,000.00 Tompkins Trust Co. $10,000,000.00 HSBC $10,000,000.00 Citizens Bank $10,000,000.00 JP Morgan Chase $10,000,000.00 Agenda Item No. 34 – Amend Budget – Re-appropriate Funds – Real Property Tax Services On motion of Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 28-11 Amend Budget Re-appropriate Funds Real Property Tax Services WHEREAS, there was $2,000 appropriated in the 2010 budget to pay for air conditioners for the Real Property Tax Services offices, AND WHEREAS, the air conditioners were not able to be delivered until approximately April 2011, NOW THEREFORE BE IT RESOLVED, that money be re-appropriated in the 2011 budget to pay for these air conditioners, AND BE IT FURTHER RESOLVED, that the Treasurer make the following amendment to the 2011 budget: Increase Expense A13555 52010 Office Equipment (over $500) $1,750.00 A359900 Appropriated Fund Balance $1,750.00 Agenda Item No. 35 – Authorize Agreement/Accept Funds – Health Department/Jacobus Center for Reproductive Health (State Grant) On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. PACE RESOLUTION NO. 29-11 Authorize Agreement/Accept Funds Health Department/ Jacobus Center for Reproductive Health (State Grant) WHEREAS, the Bureau of Women’s Health of the New York State Health Department has awarded the Jacobus Center for Reproductive Health $439,529 for their 2011 annual State grant, AND WHEREAS, $367,309 for fiscal year 01/01/2011 – 12/31/2011 funds are already reflected in the 2011 County Budget Revenue Account A403543.43435 (Family Planning State Aid Grant) and in Expenditure Accounts A40355.1005-1040 $220,000 (Personal Services), A40355.58020-58065 $ 75,000 (Fringe) and A40355.54000-54500 $ 72,309 (Contractual) NOW THEREFORE BE IT, RESOLVED, that the 2011 budget be amended as follows: 30 ---PAGE BREAK--- Increase: Expenses: A40355.54006 Medical Supplies $72,220 Increase: Revenues: A403543.43489 Family Planning State Aid $72,220 RESOLVED, that the Chairman of the Legislature and the Public Health Director, or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the State of New York to accept these funds. Agenda Item No. 36 – Health Department – Create Temporary Fiscal Officer (part time) On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; except Ms. Gofkowski, who was opposed. Agenda Item No. 36 became: ON MOTION OF MR. PACE RESOLUTION NO. 30-11 Health Department Create Temporary Fiscal Officer Part-Time WHEREAS, the needs of the agency will be better served by creating one part-time, temporary (up to 17 hours per week) position of Fiscal Officer, AND WHEREAS, the Health and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that one part-time, temporary (up to 17 hours per week) position of Fiscal Officer (Management Compensation Plan grade 10, $21.1220-25.6978/hr., competitive class) be and hereby is created effective on or after January 28, 2011, not to exceed six months. Agenda Item No. 37 – Authorize Agreements – Mental Health Department (Various Agencies) On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. PACE RESOLUTION NO. 31-11 Authorize Agreements Mental Health Department (Several Agencies, Departments, Etc.) RESOLVED, that the Chairman of the 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 2011 for or with the following: Accumedics Amigo Doc ASI of Cortland, LLC Catholic Charities of Cortland County Cortland Enlarged City School District 31 ---PAGE BREAK--- Docutrac Family Counseling Services of Cortland County, Inc. Franziska Racker Centers, Inc. Greenbriar Home for Adults J. M. Murray Center, Inc. Madison-Cortland ARC Mental Health Association New York State Office of Mental Health Sentry Alarms Seven Valley Council on Alcoholism & Substance Abuse Agenda Item No. 38 – Approve Contract – Cortland County Clerk – EZ Pas on the Go Program On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. PACE RESOLUTION NO. 32-11 Approve Contract Cortland County Clerk E-Z Pass On-the-Go Program WHEREAS, the County Clerk, as a service to the people wishes to sell E-Z Pass On-the-Go cards at the Cortland County Clerks Office and the Cortland County DMV, AND WHEREAS, money was allotted in the 2011 budget to purchase the initial packet of 50 E-Z Pass cards at a cost of $1.050.00 and to be sold at a cost of $1,250.00, NOW THEREFORE BE IT RESOLVED, that upon the approval of the County Attorney, that the Chairman of the Legislature sign a contract with the New York State Thruway Authority to purchase and sell E-Z Pass cards. Executive Session Ms. Arnold made a motion to go into Executive Session to discuss a Personnel Issue. Seconded by Mr. Pace. All members voting in favor; none opposed. The Legislature held an Executive Session. Announcements Ms. Price announced that the County, City, Towns, Villages, and Schools Committee was holding a meeting directly after session is adjourned. Adjournment Following the Executive Session, Mr. Hartnett made a motion to adjourn. Seconded by Mr. Park. All members voting in favor; none opposed. The meeting was adjourned. Cortland County Legislature February 15, 2011 – Special Meeting 6:00 P.M. APPROVED Minutes 32 ---PAGE BREAK--- Order of Business Chairman Williams opened the Special 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. Steger, who was excused by the Chairman. Receive & File Mr. Troy made a motion to Receive & File the 2010 Annual Report from the Department of Weights & Measures. Seconded by Mr. Cornell. All members voting in favor; none opposed. New Business Agenda Item No. 1 - Create Positions - Board of Elections/Election Worker-Machine Custodian and Election Worker-NYS Retired Teacher BMD Trainer On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace explained that this is for seven positions that were already held and paid for by the county, but due to IRS regulations had to become official employees. No new people are being hired. All members voting in favor. None opposed. Agenda Item No. 1 became: ON MOTION OF MR. PACE RESOLUTION NO. 33-11 Create Positions Board of Elections Election Worker-Machine Custodian and Election Worker-NYS Retired Teacher BMD Trainer WHEREAS, the needs of the agency will be better served by creating four part-time positions of Election Worker-Machine Custodian and three part-time positions of Election Worker-NYS Retired Teacher BMD Trainer, AND WHEREAS, the Personnel Committee recommends the creations of these positions, NOW, THEREFORE, BE IT RESOLVED, that four(4) part-time positions of Election Worker-Machine Custodian (unclassified service) and three(3) positions of Election Worker-NYS Retired Teacher BMD (unclassified service) be created effective February 16, 2011, AND BE IT FURTHER RESOLVED, that rate paid is in accordance with Resolution NO. 143-09 AND BE IT FURTHER RESOLVED, that the 2011 Cortland County budget be amended as follows: Increase: Appropriation: A14505.51005 Personnel Services $26,000.00 A14505.58030 FICA 1,989.00 A14505.58040 Workers Comp 2,639.00 Revenue: A14505.54055 Professional Services $30,628.00 33 ---PAGE BREAK--- Agenda Item No. 2 - Bond Resolution Of The County Of Cortland, New York, Adopted On February 15, 2011 Authorizing Issuance Of $16,000,000 Bonds Of The County Of Cortland To Pay A Portion Of The Costs Of Construction Of The County’s Interoperable Telecommunications System. On motion of Mr. Williams. Seconded by Mr. Cornell. Chairman Williams explained that this resolution authorizes the issuance of “up to” $16 million in bonds, but through leasing options and grant opportunities the actual amount to be bonded will be significantly less. Mr. Willcox made the following statement: Thank you Mr. Chairman for allowing me to express my views this evening. First of all I want to make it very clear that I understand the first responders concerns and needs for the interoperable system. However, we must ensure that it does not go beyond the capacity of the taxpayer to fund this project. Please consider the following points that are of great concern to me: 1) To add $15,000,000 to our present debt of $35,420,000 indebtness is in my opinion extremely risky and dangerous, especially in these very unsure financial times. 2) The idea that the county can somehow fund this by either dramatically restructuring or leasing the landfill is again placing the cart before the horse: I.E. bond now and hope we can pay for it later. 3) Let’s not forget our normal budget requirements of 3.5% to 5% tax levy. Yesterday when I asked the administrator how much less we could anticipate from the state this year than last he responded “2,000,000” This alone would increase our levy another 6% consequently if you take the normal 3.5% levy increase and then add the loss of $2,000,000 in state aid which equates to 6% we now are faced with a 9.5% tax levy add to this the 5% needed to fund the interoperable communication system and if my math is correct this will mean a 14.5% increase in next years levy. Mr. Chairman in view of my preceding comments I am going to respectfully vote no and trust that my fellow legislators will also not allow this heavy tax burden to be levied on their constituents. Legislators Price, Cornell, Spaulding, Hartnett, Pace, Troy, Fuller, Arnold and Williams made statements in support of the resolution. Ms. Briggs asked about the process of transferring the frequencies from Motorola to the County. Mr. Dave White of Motorola said that following the completion of the project the frequencies will belong to the county, not to Motorola, and that the FCC has not had a problem with this concept in the hundreds of other systems installed by Motorola. He said the contract will state that Motorola is responsible to provide a complete system to the county, with these or any other frequencies. Mr. Steger, in his absence, provided the following statement: “Having at one time served as a volunteer firefighter and past chief, I know the problems that exist with our current system. Simply meeting the mandate is not good enough as that reduces our coverage area and makes for a more dangerous situation for our service men and women. As elected officials it is our duty to ensure the safety and welfare of the residents of Cortland County and so the Interoperable Telecommunications Project has my support.” The Chairman called for the roll call vote (see attached) The resolution was approved with a weighted vote of 43,476. Agenda Item No. 2 became: ON MOTIO OF MR. WILLIAMS RESOLUTION NO. 34-11 Bond Resolution Of The County Of Cortland, New York, Adopted On February 15, 2011 Authorizing Issuance Of $16,000,000 Bonds of the County Of Cortland to Pay a Portion of the Costs of Construction of the County’s Interoperable Telecommunications System WHEREAS, the Legislature of the County of Cortland, New York (“County”) previously identified the need and benefits associated with updating the current radio system infrastructure, AND 34 ---PAGE BREAK--- WHEREAS, it is estimated that, should the County proceed with the Interoperable Telecommunications System Project (“the Project”), the costs of the Project may be in the vicinity of $16,000,000 and may require the issuance of bonds to finance same, AND WHEREAS, the Project, if approved, will also require the construction of additional radio towers within the County, AND WHEREAS, the Legislature of the County is an involved agency for the review of the Project as the Legislature will have to appropriate funding for same and approve and let contracts for design, construction and purchase of the new system, AND WHEREAS, the proposed Project has been identified as a Type 1 Action requiring a coordinated review by all involved agencies in accordance with applicable provisions of the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”), AND WHEREAS, on December 16, 2010 the County declared its intent to be lead agency for review of this Project and directed that other potentially involved agencies be notified in accordance with SEQRA, AND WHEREAS, pursuant to SEQRA, such agencies have been notified of the County’s intent to act as lead agency and no involved agency other than the County has sought to act as lead agency, AND WHEREAS, the County intends to continue to gather information prior to declaring its establishment as SEQRA lead agency for the review of the Project, AND WHEREAS, the County previously expressed its intention to retain a contractor to design the Project, and legal counsel and engineering firms to assist the County with undertaking a thorough environmental review of the Project once such Project is designed, including all other necessary costs incidental to such work, and financing the cost thereof through the issuance of bonds and/or notes of the County (collectively, “the Design Component”), AND WHEREAS, by a resolution previously adopted at this meeting, the County determined that a separate environmental review of the Design Component does not constitute impermissible segmentation of the environmental review of the Project, and that to the extent a separate environmental review of the Design Component is deemed to constitute segmentation, such segmentation is warranted under the circumstances, that the Design Component constitutes a Type II Action pursuant to Part 617.5(c)(18) and Part 617.5(c)(21) of the Regulations and as such is not subject to review under SEQRA; and to approve the execution and delivery of a design contract by and between the County and Motorola, Inc., NOW, THEREFORE BE IT RESOLVED, on February 15, 2011, by the County Legislators of Cortland County, New York (by favorable vote of not less than two thirds of said Legislature), as follows: Section 1. For the specific object or purpose of undertaking the Project, including the development and construction of an emergency radio system for voice and data radio communications services constituting a digital trunked land mobile radio system, 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 of Cortland, New York, there are hereby authorized to be issued up to $16,000,000 bonds of said County pursuant to the provisions of the Local Finance Law. Undertaking the Design Component is hereby approved. 35 ---PAGE BREAK--- Section 2. The plan for the financing of the $16,000,000 maximum estimated cost thereof shall be as follows: By the issuance of up to $50,000 bonds of said County herein authorized; and By the issuance of up to $15,950,000 bonds of said County pursuant to future bond resolutions, if and when any of the identified purposes related to the Project has undergone a SEQRA review and permitting process allowing that aspect of the Project to go forward, if so adopted by the County Legislature; and By the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 3. The faith and credit of said County of Cortland, New York, 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 said County shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds. Section 4. Subject to the provisions of the Local Finance Law, this resolution and SEQRA, 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 said County Treasurer, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Section 7. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. 36 ---PAGE BREAK--- Section 8. The following additional matters are hereby determined and declared: Pursuant to subdivision 98 of paragraph a of Section 11.00 of the Local Finance Law, subdivision 11(a) of Section 11.00 of the Local Finance Law, subdivision 35 of Section 11.00 of the Local Finance Law, and subdivision 21 of Section 11.00 of the Local Finance Law, the weighted average period of probable usefulness of the Project is 14.18 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 proposed maturity of the bonds authorized by this resolution will exceed five years. The County reasonably expects to reimburse itself for expenditures made out of the County’s General Fund for the Project from the proceeds of the bonds or notes herein authorized. This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1.150-2. The bonds authorized herein are not being issued for an assessable improvement. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in summary form 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. 3 - Resolution Determining That The Design And Environmental Review Of The Proposed Cortland County Interoperable Telecommunications System Project Constitutes A Type Ii Action Pursuant To SEQRA And Authorizing The Execution And Delivery Of A Design Contract For Such Project. On motion of Mr. Williams. Seconded by Troy. Chairman Williams called for a roll call vote. (see attached). The resolution was approved with a weighted vote of 48,824. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 35-11 37 ---PAGE BREAK--- Resolution Determining That The Design And Environmental Review Of The Proposed Cortland County Interoperable Telecommunications System Project Constitutes A Type Ii Action Pursuant To SEQRA And Authorizing The Execution And Delivery Of A Design Contract For Such Project WHEREAS, the Legislature of the County of Cortland, New York (“County”) previously identified the need and benefits associated with updating the current radio system infrastructure, AND WHEREAS, it is estimated that, should the County proceed with the Interoperable Telecommunications System Project (“the Project”), the costs of the Project may be in the vicinity of $16,000,000 and may require the issuance of bonds to finance same, AND WHEREAS, the Project, if approved, will also require the construction of additional radio towers within the County, AND WHEREAS, the Legislature of the County is an involved agency for the review of the Project as the Legislature will have to appropriate funding for same and approve and let contracts for design, construction and purchase of the new system, AND WHEREAS, the proposed Project has been identified as a Type 1 Action requiring a coordinated review by all involved agencies in accordance with applicable provisions of the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”), AND WHEREAS, on December 16, 2010 the County declared its intent to be lead agency for review of this Project and directed that other potentially involved agencies be notified in accordance with SEQRA, AND WHEREAS, pursuant to SEQRA, such agencies have been notified of the County’s intent to act as lead agency and no involved agency other than the County has sought to act as lead agency, AND WHEREAS, the County intends to continue to gather information prior to declaring its establishment as SEQRA lead agency for the review of the Project, AND WHEREAS, due to the complexity of designing and developing the Project, a single contractor responsible for designing the Project is in the best interests of the County, in order to ensure that the high performance standards for the wireless network will be met, and to ensure seamlessness between the system design and subsequent implementation and operations of the network, AND WHEREAS, the County intends to authorize the issuance of bonds and/or notes to provide sufficient funding to design the Project and allow environmental review to proceed prior to considering approval to undertake construction of the Project, AND WHEREAS, the County intends to retain a contractor to design the Project, and legal counsel and engineering firms to assist the County with undertaking a thorough environmental review of the Project once such Project is designed, including all other necessary costs incidental to such work, and financing the cost thereof through the issuance of bonds and/or notes of the County (collectively, “the Design Component”), AND WHEREAS, the County acknowledges that segmentation, as that term is used in 6 Part 617.3(g) is only permissible when the circumstances warrant it and when a segmented review will be no less protective of the environment, NOW THEREFORE BE IT RESOLVED, on February 15, 2011, by the County Legislators of the County Of Cortland, New York, as follows: 38 ---PAGE BREAK--- RESOLVED, that a separate environmental review of the Design Component does not constitute impermissible segmentation of the environmental review of the Project, AND BE IT FURTHER RESOLVED, to the extent a separate environmental review of the Design Component is deemed to constitute segmentation, such segmentation is warranted under the circumstances for the following reasons: a. The Design Component does not commit the County to any particular actions or future approvals with respect to ultimate design, location and nature of the remainder of the Project, including towers to be upgraded and/or constructed during later stages of the Project because the Design Component simply provides the County the means to explore design and development of the Project without committing to any particular location, layout or design, or to construct any towers at this time, or to otherwise irrevocably commit itself to completion of the Project. b. Review and approval of the Design Component at this time is no less protective of the environment because the development of individual towers, and the impact of construction of the entire system, may be analyzed in the future which will identify significant adverse environmental impacts, if any, and require appropriate mitigation. c. Additionally, the risk that the decision as to this Design Component may be practically determinative of a subsequent action is minimal because no actual tower construction or other activities that may have a potential significant impact will occur prior to a thorough environmental review of the Project, and consideration of all reasonable alternatives. d. The danger that this Project is being broken up into two or more component parts that individually would not have as significant an environmental impact as the entire project is not present because the County intends to examine potential impacts from the entire Project in the future prior to authorizing construction of the Project. e. Accordingly, segmentation of the Design Component can be performed without running afoul of SEQRA’s basic policies, AND BE IT FURTHER RESOLVED, the County hereby determines that the Design Component constitutes a Type II Action pursuant to Part 617.5(c)(18) and Part 617.5(c)(21) of the Regulations and as such is not subject to review under SEQRA, AND BE IT FURTHER RESOLVED, the execution and delivery of the Motorola Design Contract, a copy of which is presented herewith, is hereby authorized, subject to the approval of the County Attorney, AND BE IT FURTHER RESOLVED, Patrick M. Snyder, Esq. is hereby appointed Special SEQRA Counsel for the Project, AND BE IT FURTHER RESOLVED, the law firm of Trespasz & Marquardt, LLP is hereby appointed Bond Counsel to the County. Agenda Item No. 4 – Authorize Agreement – Patrick Snyder, Attorney at Law/Interoperable Communications Project On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 4 became: 39 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 36-11 Authorize Agreement Patrick M. Snyder, Attorney at Law Interoperable Communications Project WHEREAS, Resolution 329-10 authorized Cortland County to negotiate in good faith with Motorola to pursue more fully their UHF proposal without binding Cortland County to a contract AND, WHERAS, Cortland County wishes to continue to work towards implementing a Countywide Interoperable Communications System, AND WHEREAS, the State Environmental Quality Review Act requires the County follow the SEQR process for the said project, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney as to form, is hereby authorized and directed to sign a letter of engagement with Patrick M. Snyder, 70 Port Watson Street, Cortland, NY, to provide legal services in relation to the SEQR process, AND BE IT FURTHER RESOLVED that said firm be paid according to the attached letter of engagement, and that said funds, not to exceed $10,000, will be paid out of Professional Services Lines (A54055) from the Fire & Emergency Management, Information Technology and Sheriff’s budget, with the intent of repaying said funds from bonds for the above project, once issued. Agenda Item No. 5 – Authorize Agreement – Trespasz & Marquardt, LLP (Interoperable Communications Project) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 37-11 Authorize Agreement Trespasz & Marquardt, LLP Interoperable Communications Project WHEREAS, Resolution 329-10 authorized Cortland County to negotiate in good faith with Motorola to pursue more fully their UHF proposal without binding Cortland County to a contract AND, WHERAS, Cortland County wishes to continue to work towards implementing a Countywide Interoperable Communications System, AND WHEREAS, the estimated cost of said project, including legal fees, design work, capital construction and other costs exceeds budgeted funds and the county must issue serial bonds NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney as to form, is hereby authorized and directed to sign a letter of engagement with Trespasz & Marquardt, LLP to provide legal services in relation to the issuance of bonds and to act as bond counsel, AND BE IT FURTHER RESOLVED that said firm be paid according to the attached letter of engagement, and that said funds, not to exceed $30,000 will be paid out of Professional Services Lines (A54055) from the Fire & 40 ---PAGE BREAK--- Emergency Management, Information Technology and Sheriff’s budget, with the intent of repaying said funds from bonds for the above project, once issued. Agenda Item No. 6 - Authorize Agreement - Gilberti, Stinziano Heintz & Smith, PC Interoperable Communications Project Mr. Park requested the resolution be pulled from consideration. Agenda Item No. 7 – Authorize Agreement – Cortland County (Gould & Lamb LLC) On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 38-11 Authorize Agreement Cortland County/Gould & Lamb, LLC County Legislature WHEREAS, Cortland County is responsible for Mandatory Insurer Reporting Functions and filing timely reports regarding the State Children's Health Insurance Program (SCHIP), AND WHEREAS, Resolution No. 51-10 authorized a contract with Gould & Lamb to provide said services, AND WHEREAS, Gould & Lamb, LLC will provide said services on behalf of the County from Jan. 1, 2011 through December 31, 2014, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby directed to enter into an agreement with Gould & Lamb, LLC to provide these services in accordance with the terms in the current contract, AND BE IT FURTHER RESOLVED, that said contract and services begin Jan. 1, 2011 and shall be for a term to expire Dec. 31, 2014, and that said services be paid for out of Account A17115.54055, and shall not exceed $850.00 per month. Adjournment Mr. Cornell made a motion to adjourn. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The meeting was adjourned. ROLL CALL VOTE Agenda Item No. 2 - Authorize Issuance of up to $16,000,000 in bonds for Interoperable Communications System Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 41 ---PAGE BREAK--- Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 43476 Majority 24300 2/3rd 32400 ROLL CALL VOTE Agenda Item No. 3 - Determining the Design and Environmental Review of the Proposed Interoperable Communications System is a Type II Action and Authorizing Execution and Delivery of a Design Contract with Motorola Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 45824 Majority 24300 2/3rd 32400 ROLL CALL VOTE Motion to Table Agenda Item No. 21 42 ---PAGE BREAK--- Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 0 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 25581 Majority 24300 2/3rd 32400 ROLL CALL VOTE Motion to Table Agenda Item Nos. 17, 18, 19, 20, and 31 Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 0 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 25581 Majority 24300 2/3rd 32400 43 ---PAGE BREAK--- ROLL CALL VOTE Agenda Item No. 25 - Rifle Hunting Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 2362 Waldbaurer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 33088 Majority 24300 2/3rd 32400 Cortland County Legislature February 24, 2011 6:00 P.M. Minutes Order of Business Chairman Williams opened the Special Meeting at 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Steger and Ms. Cobb. Approval of Minutes 44 ---PAGE BREAK--- Mr. Troy made a motion to approve the minutes of the January 27, 2011 Regular Meeting, and the Minutes of the Feb. 15, 2011 Special Meeting. Seconded by Mr. Cornell. All members voting in favor; none opposed. The minutes were approved as printed. Presentation of Petitions, Communications and Notices Ms. Price made a motion to Receive & File petitions in favor of Flow Control. Seconded by Ms. Briggs. Mr. Hartnett asked about a total number of signatures. The Clerk said there are approximately 495 being received today, for a grant total of nearly 1,700 unofficial signatures. Tompkins Cortland Community College President Dr. Carl Haynes gave the annual State of the College Address. Cortland County Chamber of Commerce Director Bob Haight spoke regarding membership benefits, including potential health insurance coverage. He said he is willing to set up a meeting with providers to discuss insurance in more detail. New Business Agenda Item No. 1 – Authorizing Appointment of Deputy – Cortland County Legislature On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 39-11 Authorizing Appointment of Deputy Cortland County Legislature WHEREAS, County Law §401 provides that the Cortland County Legislature may authorize any officer of the county paid from county funds or the head of any department to appoint one or more deputies, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the Clerk of the County Legislature to appoint a deputy/deputies at his/her discretion, AND BE IT FURTHER, RESOLVED, that said principal Deputy, as designated by the Clerk, shall possess the powers and perform the duties of the Clerk of the Legislature during the Clerk’s inability to act. Agenda Item No. 2 – Authorize Bids/Accept Proposal – NYS Power Authority Energy Audit On motion of Mr. Willcox. Seconded by Mr. Bushnell. All members voting in favor, except Mr. Waldbauer and Ms. Briggs, who were opposed. The motion was approved and Agenda Item No. 2 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 40-11 Authorize Bids /Accept Proposal New York State Power Authority Energy Audit (Building And Grounds) WHEREAS, the New York Power Authority (NYPA) in conjunction with Wendell Energy Service, LLC has completed the Cortland County Energy Project, 90% Design Report, AND WHEREAS, the estimated installed cost of the project for the designed measures is $1,774,160.60, with an annual estimated energy savings of $73,457.59, AND 45 ---PAGE BREAK--- WHEREAS, the Buildings and Grounds Committee has received and reviewed the Cortland County Energy Project, 90% Design Report and recommended proceeding to the Bidding Phase, NOW THEREFORE BE IT RESOLVED, that this Legislature authorizes the Buildings and Grounds Committee to accept that proposal and authorize the bids generated from that proposal for Energy Conservation Measures for various County Facilities, AND BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Chairman of the Legislature upon approval of the County Attorney, to enter into an Agreement with New York Power Authority’s Statewide Energy Services Program to complete Energy Conservation Measures for a variety of County facilities at an annual cost of $215,550.12 for ten (10) years to be offset by the annual savings and paid from Account Number A16205.54025, Utilities. Agenda Item No. 3 – Accept Proposal/Authorize Agreement – Participate in National Grid Rebate Program – B&G Department On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Resolution No. 3 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 41-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from the New York Power Authority and National Grid/SmartWatt 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 program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS that facility is identified as: Cortland County Office Building 60 Central Ave Cortland, N.Y. 13045 , NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter into an agreement with National Grid/SmartWatt to participate in a rebate program associated with a lighting retrofit project. Agenda Item No. 4 - Accept Proposal/Authorize Agreement – Participate in National Grid Rebate Program – B&G Department (Recycling Center) On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 42-11 46 ---PAGE BREAK--- Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from the New York Power Authority and National Grid 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 program for rebates associated with a lighting retrofit project for County facilities, AND, WHEREAS those facilities are identified as: Cortland County Court House Horizon House 46 Greenbush St. 49 Grant St. Cortland, N.Y. Cortland, N.Y. Cortland County Recycling Center Cortland County Public Safety 137 Pendleton St. Building & Jail Cortland, N.Y. 54 Greenbush St. Cortland, N.Y. Cortland County Landfill Cortland County Airport 4708 Townline Rd. 922 Groton Rd McGraw, N.Y. Cortland, N.Y Cortland County Cleary Bldg. Cortland County Highway 37 Church St. Complex Cortland, N.Y. Miller St. Ext./Traction Dr. Cortland, N.Y. WHEREAS, there is additional lighting retrofit work to be completed at the Recycling Center at a cost of $1,034.00 resulting in an additional annual savings of $480.86, AND RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter an agreement with National Grid to participate in a rebate program associated with a lighting retrofit project, and that said project shall be paid out of the Cortland County Contingency Fund, as outlined in Option A in the attached payment schedule. Agenda Item No. 5 – Authorize Payment – NYS Power Authority and National Grid Projects – County Administrator On motion of Mr. Willcox. Seconded by Mr. Spaulding. Mr. Murphy explained that the proposed payment schedule provides for a lump-sum payment to reduce the interest and life of the loan, and that and annual payments will come from savings associated with the lighting portion of the project, which he expects to be paid off in two years. Mr. Waldbauer said that the annual payments will be about $55,639 due to potential savings, the county is still paying out nearly $2.1 million for the total project. All members voting in favor; except Ms. Briggs and Mr. Waldbauer. Agenda Item No. 5 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 43-11 Authorize Payment NYS Power Authority and National Grid Projects 47 ---PAGE BREAK--- County Administrator WHEREAS, Cortland County Resolution 353-10 authorized agreements with National Grid for a lighting retro-fit and rebate program for various county facilities, AND WHEREAS, Cortland County has also approved a resolution authorizing an agreement for a similar rebate program with National Grid for the lighting updates in the Cortland County Office Building, AND WHEREAS, Cortland County has authorized an agreement with the NYS Power Authority to implement Energy Conservation Measures, including the replacement of boilers, AND WHEREAS, National Grid is offering Cortland County discounted costs for projects paid for in lump-sum payments, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature will make a one-time payment of $180,545.00 for National Grid work, and apply the annual savings from reduced utility payments to offset the costs of the NYPA contract, thus reducing the annual payments to NYPA, and that said $180,545.00 payment shall be paid out of the Cortland County Contingency Fund, as outlined in Option A in the attached payment schedule. Agenda Item No. 6 – Renew Agreement – Hess Corp. On motion of Mr. Willcox. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 44-11 Renew Agreement Hess Corporation (Various Departments) WHEREAS, the County of Tompkins and other municipalities authorized the Municipal Electric and Gas Alliance (“MEGA”) to bid for natural gas on their behalf, AND WHEREAS, on November 10, 2007, 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, the County of Tompkins has awarded a contract to Hess Corporation, AND WHEREAS, Section 408-a of the County Law authorizes a County to include in any purchase contract awarded to the lowest responsible bidder authorization permitting any political subdivision in the State to participate, AND WHEREAS, on November 7, 2007, the County of Tompkins, pursuant to Section 408-a, authorized all other political subdivisions in the State to participate in the contract, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the Chairman of the Legislature, upon the approval of the County Attorney, to renew an agreement with Hess Corporation, One Hess Plaza, Woodbridge, N.J., 07095 for Natural Gas. 48 ---PAGE BREAK--- Agenda Item No. 7 – Extend Contract – Uniforms & Rug Rental On motion of Mr. Willcox. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 45-11 Extend Contract Several Departments Uniforms & Rug Rental WHEREAS, Employees of the Cortland County Highway Department, Buildings & Grounds Department, and Office for the Aging are required to wear specified uniforms, AND WHEREAS, per the Contract between the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO and the County of Cortland, the uniforms are to be provided by the County, AND WHEREAS, by Resolution # 169-07, #154-09 and # 324-10, the County contracted with Coyne Textile Services to provide said uniforms, AND WHEREAS, the County wishes to extend the existing contract with Coyne Textile Services through March 31, 2011, with no increase from the existing Contract, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby authorizes and directs the Chairman of the Legislature, upon approval by the County Attorney as to form, to extend the provisions of the current contract with Coyne Textile Services, 140 Cortland Ave., Syracuse, N.Y. 13221 through March 31, 2011. Agenda Item No. 8 – Authorize Agreement – Sheriff’s Department/Jail – Black Creek Integrated Systems Corp. On motion of Mr. Park. Seconded by Mr. Troy. Ms. Gofkowski explained that this is for the software system at the jail to archive arrests and inmate classifications. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. PARK RESOLUTION NO. 46-11 Authorize Agreement Sheriff's Department/Jail Black Creek Integrated Systems Corporation WHEREAS, the maintenance agreement on the Black Creek Integrated Systems Corporation Software will expired December 31st 2010, AND WHEREAS, the cost of such maintenance agreement is $12,181.00 annually, for the period of January 1, 2011 through December 31, 2011, AND WHEREAS, the Sheriff is authorized to pay this annual bill , 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 $12,181.00 per year to be paid from Account A31505-54004 Computer Software. 49 ---PAGE BREAK--- Agenda Item No. 9 - Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Authorize Engineering Contract – Engineering Design of NAVAID Replacement and Snow Removal Equipment (SRE) Building Cortland County Airport (Highway Department) On motion of Mr. Fuller. Seconded by Ms. Price. Ms. Briggs said this is an unnecessary expenditure. Mr. Park said that the Airport Advisory Board approved this project by a 5-2 vote. Ms. Price said in order to accept the funds and move the project forward the county must adhere to the FAA Rules & Regulations. All members voting in favor; except Ms. Briggs and Mr. Willcox, who were opposed. Agenda Item No 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 47-11 Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Authorize Engineering Contract – Engineering Design of NAVAID Replacement and Snow Removal Equipment (SRE) Building - 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 now intend to offer Federal and State grant funding for an Engineering Design Contract for the projects to construct NAVAID Replacement and a Snow Removal Equipment (SRE) Building at Cortland County Airport, AND WHEREAS, the funding for said Engineering Design Contract will be available at participation levels of up to 95% Federal ($66,500.00), 2.5% State ($1,750.00) and 2.5% Local (County) funding ($1,750.00) for a total estimated cost of $70,000.00, AND WEHREAS, the Local (County) funding amount of $1,750.00 is already wholly appropriated as part of the amount in Account No. A56105.52253 in the 2011 Airport Budget, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby accepts said FAA and NYSDOT grants for the Engineering Design Contract for NAVAID Replacement and Snow Removal Equipment (SRE) Building at Cortland County Airport at said funding levels, at a total project cost not to exceed $70,000.00, AND BE IT FURTHER RESOLVED, that the County hereby approves the Engineering Design Contract for NAVAID Replacement and Snow Removal Equipment (SRE) Building at Cortland County Airport as follows: ♦ Engineering Design of NAVAID Replacement and Snow Removal Equipment (SRE) Building at Cortland County Airport , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney is hereby authorized to execute the necessary Federal and State Grant Agreements, Consultant Agreements, and all related necessary documents at a total cost not to exceed $70,000.00, AND BE IT FURTHER 50 ---PAGE BREAK--- RESOLVED, that the Local (County) funding amount of $1,750.00 be transferred to the project revenue account from Account No. A56105.52253 in the 2011 Airport Budget, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the County Budget as follows to account for said project: Increase: Expense: H56105.52253.5620 NAVAID & SRE Building Design $70,000.00 Increase: Revenue: H561044.44597.5620 Federal Revenue $66,500.00 H561043.43597.5620 State Revenue $1,750.00 H561048.45031.5620 Interfund Transfer Revenue $1,750.00 Agenda Item No. 10 – Award Highway Equipment – Used Soil Compaction Roller – Highway Department On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor, except Ms. Gofkowski, who was opposed. Agenda Item No. 10 became: ON MOTION OF FULLER RESOLUTION NO. 48-10 Award Highway Equipment – Used Soil Compaction Roller Highway Department WHEREAS, the Highway Superintendent advertised, received and opened bids for a used soil compaction roller, AND WHEREAS, the bids for the used soil compaction roller are as follows: Used Soil Compaction Roller BIDDER BID Beck Equipment, Inc. $50,700.00 2090 Preble Rd. Preble, NY 13141 Vantage Equipment, LLC $52,890.00 5985 Court St. Road Syracuse, NY 13206 Tracey Rd. Equipement $53,772.00 6803 Manlius Center Rd. East Syracuse, NY 13057 Admar Supply Co., Inc. $63,100.00 449 Commerce Rd. (does not meet spec.) Vestal, NT 13850 51 ---PAGE BREAK--- Stephenson Equipment $66,700.00 6018 Drott Drive (does not meet spec.) Syracuse, NY 13057 Stephenson Equipment $77,397.00 6018 Drott Drive Syracuse, NY 13057 Gateway Equipment Corp. $85,489.00 PO Box 608 East Syracuse, NY 13057 Milton Cat $88,734.00 294 Ainsley Drive (does not meet spec.) Syracuse, NY 13205 , AND WHEREAS, the lowest responsible bid was from Beck Equipment, Inc., 2090 Preble Rd,, Preble, NY 13141, AND WHEREAS, the amount is not to exceed $50,700.00, 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 One 2006 Soil Compaction Roller, from Beck Equipment, Inc. Agenda Item No. 11 – Award Highway Equipment – Used Asphalt Roller (Highway Department) On motion of Mr. Fuller. Seconded by Mr. Ross. All members voting in favor; except Ms. Gofkowski, who was opposed. Agenda Item No. 11 became: ON MOTION OF FULLER RESOLUTION NO. 49-11 Award Highway Equipment – Used Asphalt Roller Highway Department WHEREAS, the Highway Superintendent advertised, received and opened bids for a used asphalt roller, AND WHEREAS, the bids for the used asphalt roller are as follows: Used Asphalt Roller BIDDER BID Tracey Road. Equipment $79,783.00 6803 Manlius Center Rd. East Syracuse, NY 13057 Admar Supply Co. Inc. $76,400.00 449 Commerce Rd. (does not meet spec.) Vestal, NY 13850 52 ---PAGE BREAK--- Gateway Equipment Corporation $79,499.00 P.O. Box 608, Fisher Rd. (does not meet spec.) East Syracuse, NY 13057 Milton Cat $80,159.00 4610 Saile Drive (does not meet spec.) Batavia, NY 14020 Vantage Equipment, LLC $89,860.00 5985 Court St. Road Syracuse, NY 13206 , AND WHEREAS, the lowest responsible bid was from Tracey Rd. Equipment, 6803 Manlius Center Rd., East Syracuse, NY 13057, AND WHEREAS, the amount is not to exceed $79,783.00, 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 One 2008 used Asphalt Roller, from Tracey Road Equipment. Agenda Item No. 12 – Award Highway Equipment – Snow Plow/Dump Trucks On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; except Ms. Gofkowski and Ms. Briggs, who were opposed. Agenda Item No. 12 became: ON MOTION OF FULLER RESOLUTION NO. 50-11 Award Highway Equipment – Snow Plow/Dump Trucks Highway Department WHEREAS, the Highway Committee has approved the purchase of Two 2011 International Snow Plow/Dump Trucks from the NYS OGS Bid, Contract #PC62176, Group #40590, AND WHEREAS, the Highway Superintendent has recommended the purchase of Two 2011 International Snow Plow Trucks one unit will be equipped as a cab and chassis with snow removal equipment and one equipped with snow removal equipment and a self unloading dump box, with the bid as follows: Snow Plow/Dump Trucks BIDDER BID International Truck & Engine Corp. $380,000.00 1568 Central Avenue Albany, New York 12205 , AND WHEREAS, the amount is not to exceed $380,000.00, 53 ---PAGE BREAK--- 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 2011 International Snow Plow/Dumps Trucks. Agenda Item No. 13 – Authorize County Administrator to Request Proposals for Marketing and Operations Consultant – Cortland County Landfill On motion of Mr. Fuller. Seconded by Mr. Spaulding. Ms. Price said she does not support hiring a consultant to show the county how to implement the options provided by the Ensol report, that it is up to the legislature to make the difficult decisions. Ms. Briggs said the county just paid $24,000 for the Ensol study, and she does not support spending any more money. Mr. Fuller said hiring a consultant for marketing is one of the recommendations made in the Ensol report. Mr. Waldbauer said this is only a request for proposals, and does not commit the county to spending any money. All members voting in favor, except Ms. Price and Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 51-11 Authorize County Administrator to Request Proposals for Marketing and Operations Consultant – Cortland County Landfill WHEREAS, the Cortland County Legislature wants to investigate all possible options for generating revenue to offset costs and debt payments at the Cortland County Landfill, AND WHEREAS, a Marketing and Operations Consultant could provide the county with knowledge and experience in major industrial, commercial and special waste accounts, managing access, leachate collection gas management services and other programs, NOW THEREFORE BE IT RESOLVED, that the Cortland County Administrator is hereby authorized and directed to prepare and send out Requests for Proposals for a Marketing and Operations Consultant for the Cortland County Landfill. Agenda Item No. 14 – Dwyer Park Pavilion Electrical Repair/Contract – Highway On motion of Mr. Fuller. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 52-11 Dwyer Park Main Pavilion Electrical Repair Electrical Contract Highway Department WHEREAS, the Highway Superintendent requested and received quotes for the major electrical code issues at the Dwyer Park Main Pavilion listed in an inspection letter dated July 2, 2010, AND WHEREAS, the Highway Superintendent has recommend that the County contract with Pleasant Valley Electric, Inc. to address the major electrical code issue at the Dwyer Park Main Pavilion, AND WHEREAS, the Cortland County Buildings and Grounds Department and CRT will address the remaining electrical code issues before the building is occupied for the 2011 season, NOW THEREFORE, BE IT 54 ---PAGE BREAK--- RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account A7110.54076 Property Repairs for the Dwyer Park Main Pavilion Electrical Contract, 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 Pleasant Valley Electric Inc., 405 Third Street, Ithaca, New York 14850, with a maximum amount not to exceed $8,500.00. Agenda Item No. 15 – Authorizing the Next Phase of the Tioughnioga River Trail On motion of Mr. Fuller. Seconded by Mr. Bushnell. Mr. Fuller said if this resolution were approved the County would try to collect on previously announced grant applications that are now in question, and would further commit the county to up to as much as $1.5 million in additional costs. Mr. Spaulding, Ms. Gofkowski, Ms. Arnold and Mr. Pace said they were in favor of the trail in theory, but that county taxpayers should not be asked to pay for a recreational trail. No members voted in favor or the resolution, and the motion failed. Agenda Item No. 16 – Abandoning County Sponsorship of Tioughnioga River Trail On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 53-11 Abandoning County Sponsorship of the Tioughnioga River Trail WHEREAS, the County Legislature accepted sponsorship from the Cortland County IDA/BDC and the River Trail Committee of the Tioughnioga River Trail project through Resolution No. 117-05 wherein the County entered into an agreement with New York State Department of Transportation for a Federal-Aid project (PIN#’s: 375404 and 395027); in the estimated amount of $1.5 million, AND WHEREAS, grant funds have not completely covered the costs of property acquisition or project construction, inspection, and engineering costs resulting in a current project funding shortfall, AND WHEREAS, the status of previously awarded grant funds is in question due to the elapsed time since first initiated, AND WHEREAS, the County has provided various agencies and organizations in support of the River Trail project time to obtain the funding shortfall necessary to complete the project, but, despite their best efforts the organizations have failed to secure all necessary funding in time, AND WHEREAS, landowners have indicated that they would be unwilling to sell or grant right-of- ways along the proposed river trail, AND WHEREAS, Additional concerns such as bridging wetlands along the trail, potential contamination at the former Contento’s junkyard, and a railroad bridge overpass along the route is due to be demolished; NOW THEREFORE BE IT RESOLVED, the County Legislature finds that the resulting increase in real property taxes necessary to fund the shortfall of this project if it were to be completed is not in the taxpayers’ best interest, AND BE IT FURTHER 55 ---PAGE BREAK--- RESOLVED, that the County Legislature hereby abandons its sponsorship of the Tioughnioga River Trail project and directs the County Administrator and County Highway Superintendent to forego the grants received to date, AND BE IT FURTHER RESOLVED, that the County Administrator and County Highway Superintendent are hereby directed to submit a request to C&S Engineers to close the project, file a null alternative to New York State Department of Transportation regarding the Project Design Report, and request from the State of New York and federal government a waiver of any repayment requirement under the terms of the grant due to the unforeseeable difficulties in obtaining the property necessary to complete the trail, AND BE IT FURTHER RESOLVED, that payment be and hereby is authorized to C&S Engineers in an amount not to exceed $3,000.00 from A10105 54055 account to perform the necessary modifications to the design report. Agenda Item No. 17 – Authorize Agreement/Accept Funds – Public Health Preparedness On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 54-11 Authorize Agreement/Accept Funds Health Department Public Health Preparedness WHEREAS, funds have been awarded to the Cortland County Health Dept. in the amount of $60,750 by the NYS Dept. of Health through Health Research, Inc. for the period 8/10/10 - 8/09/11 to continue to assist our County in the development of a Public Health emergency response and preparedness plan, AND WHEREAS, these funds are already in the 2011 Budget in expenditure accounts A40105.51005- 51010 $35,377 (Personnel), A40105.58020-58065 $14,150 (Fringe), A40105.54001-54078.4010 $11,223 (Emergency Preparedness Contractual), and A401043.43450.4010 $60,750 (Emergency Preparedness Revenue), 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 with Health Research, Inc. to accept these funds. Agenda Item No. 18 – Amend Budget/Mental Health – Catholic Charities Housing On motion of Mr. Pace. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PACE RESOLUTION NO. 55-11 Amend Budget Mental Health Department WHEREAS, The New York State Office of Mental Health has approved a additional funding for Catholic Charities in 2011, in the amount of $1,919.00, NOW THEREFORE BE IT RESOLVED, that the 2011 County budget be amended as follows: 56 ---PAGE BREAK--- Increase: Expenses: A43105 54870 4224 CATHOLIC CHARITIES (HOUSING) $1,919.00 Revenues: A431043 43490 4200 NYS OMH $1,919.00 , AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 19 – Amend Budget/Mental Health – Catholic Charities (SCM) On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 56-11 Amend Budget Mental Health Department WHEREAS, The New York State Office of Alcohol and Substance Abuse Services has approved a one-time only fund for Catholic Charities in 2011, in the amount of $7,760.00, NOW THEREFORE BE IT RESOLVED, that the 2011 County budget be amended as follows: Increase: Expenses: A43105 54870 4215 CATHOLIC CHARITIES (SCM) $7,760.00 Revenues: A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH $7,760.00 , AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 20 – Adopt Policy – Cortland County Lactation Policy On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. PACE RESOLUTION NO. 57-11 Adopt Policy Cortland County Lactation Policy Policy: 57 ---PAGE BREAK--- Cortland County provides reasonable time away from work for lactating mothers who choose to breastfeed by expressing milk at the workplace. A reasonable effort will be made on behalf of the County to provide a private room or other location near an employee’s work area for such activity. Procedure: 1. Paid break time and unpaid meal time, as well as personal, vacation, holiday, compensatory time or approved leave without pay can be used for expressing milk. The extension of paid break time for the purpose of expressing milk may be permitted by utilizing any of the aforementioned forms of leave accruals. 2. A nursing mother desiring to express milk during work hours must request time off, in advance, from their direct supervisor. The employee should discuss with her supervisor an appropriate place to express milk, a schedule for pumping and the storage of expressed milk. 3. The County will provide a private room located in the Personnel Office for the expression of milk. Agenda Item No. 21 – Authorize Agreement – The Early Retirement Reinsurance Program with BCG On motion of Mr. Pace. Seconded by Ms. Price. Mr. Pace explained that this will allow the county to try and collect grant funds to cover the costs associated with the early retirement program. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 58-11 Authorize Agreement The Early Retirement Reinsurance Program (ERRP) with BCG Personnel Department WHEREAS, Cortland County desires to seek reimbursements that are available to employment – based health insurance plans as provided by the Affordable Care Act; AND WHEREAS, Cortland County has received approval for the ERRP application, AND WHEREAS, Cortland County needs to designate Benefit Consulting Group (BCG) as the Assigned Designee to work collaboratively with EBS/RMSCO to obtain all the necessary eligibility information and cost summary data for submission, AND WHEREAS, said services are to be paid for from Account No. CH9060554055, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized and directed to execute an agreement with BCG, 5232 Witz Drive, North Syracuse, NY 13212 in the amount not to exceed $2,700 for the period of January 1, 2011 through December 31, 2011. Agenda Item No. 22 – Opposed Governor Cuomo’s Proposed Primary Prevention Incentive Program (Youth Bureau) On motion of Ms. Price. Seconded by Mr. Troy. Ms. Price explained that the cuts proposed in the governor’s budget would effectively dismantle the county Youth Bureau. Youth Bureau Director Mr. Lann said the total amount of funds available will be cut by about 50%, and the grant will become competitive. Ms. Gofkowski said if these funds are cut from the Youth Bureau there are other agencies 58 ---PAGE BREAK--- that may be able to provide a similar service. The Clerk read a roll call vote. (see attached). The motion failed. Agenda Item No. 23 – Authorize Payment – Surplus Sales Tax (Treasurer’s Office) On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 59-11 Authorize Payment Treasurer’s Office (Surplus Sales Tax) WHEREAS, the County Treasurer has reported that following the distribution of the Cortland County Sales Tax Revenue for the year 2010, there is a surplus of $25,792.823 due to the following named municipalities who elected not to receive their share of said tax receipt in cash, in the amounts indicated, over and above the amount credited said town to reduce its share of the 2010 tax levy: Lapeer $ 12,760.37 Solon $ 13,032.46 , 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. Agenda Item No. 24 – Authorize Agreement – Fiscal Advisors (County Treasurer) On motion of Ms. Arnold Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 60-11 Authorize Agreement/Fiscal Advisors County Treasurer WHEREAS, Cortland County must comply with Securities and Exchange Commission Rules and Regulations (SEC15c2-12) and the Securities Exchange Act (17CFR Part 240), in relation to holding and issuing bonds, including secondary market disclosure, AND WHEREAS, Fiscal Advisors, 120 Walton Street, Suite 600, Syracuse, NY 13202, has provided these services to the County since at least 1998, and has provided a proposal to continue said services for the County, 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, Suite 600, Syracuse, NY 13202, for providing said services as indicated in the attached agreement, AND BE IT FURTHER RESOLVED, that said agreement, not to exceed $2,500 shall begin immediately and shall expire December 31, 2012, and shall be paid out of Account A97725.54055. 59 ---PAGE BREAK--- Mr. Troy made a motion to suspend the Rules of Order to consider a resolution that was not on the agenda. Seconded by Mr. Parker. All members voting in favor; none opposed. Agenda Item No. 25 – Appoint Member – Community Services Board On motion of Mr. Williams. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 61-11 Appoint Member Community Services Board (Mary McGory) WHEREAS, Jim Seamons was appointed to the Community Services Board by Resolution No. 91-08, AND WHEREAS, the Community Services Board has a vacancy due to the resignation of Jim Seamons, (December 20, 2010) NOW, THEREFORE BE IT RESOLVED, that Mary McGory, 17 Hamlin Street, Cortland, is hereby appointed to the Community Services Board to fill the vacant seat of Jim Seamons, due to expire 12/31/11. Announcement Mr. Pace announced that Ms. Gofkowski would be participating in the United Way campaign’s Polar Bear Plunge at Yaman Park. She is accepting sponsors. Adjournment Mr. Spaulding made a motion to adjourn. Seconded by Ms. Gofkowski. All members voting in favor. The meeting was adjourned. ROLL CALL VOTE Agenda Item No. 22 - Oppose Governor Cuomo's Proposed Primary Prevention Incentive Program Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 abs. 0 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 abs. 0 Troy 2362 1 2362 Waldbaurer 2816 1 0 60 ---PAGE BREAK--- Willcox 2348 1 0 Williams 2320 1 0 Total 48599 13636 Majority 24300 2/3rd 32400 Cortland County Legislature March 24, 2011 6:00 P.M. Minutes Public Hearing Chairman Williams opened the Public Hearing to consider Local Law No. 1 of 2011 – “A Local Law Setting the Salary of the Cortland County Election Commissioners.” The Clerk read the legal notice advertising the hearing. There was no one who wished to speak in favor or in opposition to the Local Law. Chairman Williams closed the Public Hearing. Order of Business Chairman Williams opened the Special Meeting at 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Willcox. Approval of Minutes Mr. Troy made a motion to approve the minutes of the February 24, 2011 Regular Meeting. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Mr. Robert Ferris of Cortland spoke, urging legislators to make sure they are familiar with the Solid Waste Draft Management Plan Modification referenced in Agenda Item No. 20, prior to voting on it. Proclamations & Recognitions The Clerk read a recognition, honoring Marathon Olympian Lucas Malmberg for winning the NYS Wrestling Title. Mr. Cornell presented the recognition to the family. The Clerk read a Proclamation, declaring April 26 through May 1 Paint the Town Purple Week. Ms. Cobb presented the Proclamation to representatives from the Cortland Relay for Life team, which benefits the American Cancer Society. Receive & File Ms. Price made a motion to Receive & File the County Clerk’s 2010 Annual Report, and State Transportation Assistance Audit for year ended December 31, 2009. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. 61 ---PAGE BREAK--- New Business Agenda Item No. 1 – A Resolution Demanding NYS Mandate Relief, Prior to Imposing a Property Tax Cap, and Supporting the Mandate Relief Measures Provided by the NYS Association of Counties On motion of Ms. Arnold. Seconded by Mr. Cornell. Ms. Arnold explained that the proposed 2% property tax cap would only allow Cortland County to raise $621,000, while mandates from NYS will increase the 2012 County budget by more than $2 million, thus forcing extensive cuts in local program funding. All members voting in favor; except Mr. Ross, who was opposed. Agenda Item No. 1 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 62-11 A Resolution Demanding NYS Mandate Relief, Prior to Imposing a Property Tax Cap, and Supporting the Mandate Relief Measures Provided by the New York State Association of Counties WHEREAS, Counties throughout New York State are mandated to provide indigent defense, probation, and health and human service programs, including Medicaid, public assistance for adults and families, child welfare and preschool education, among others, AND WHEREAS, in 2010, nine State mandates consumed on average 90% of County tax levies, which directly results in increase property taxes, AND WHEREAS, the New York Association of Counties issued a “Preliminary Report to Governor Andrew Cuomo’s Mandate Relief Team,” which outlined 239 opportunities for County and taxpayer relief in programs such as Medicaid, Public Assistance, Indigent Defense, Probation, Early Intervention and more, AND WHEREAS, Governor Cuomo’s Mandate Reform Commission effectively disregarded NYSAC’s work and issued a report which did not incorporate a single NYSAC recommendation, AND WHEREAS, the NYS Legislature is considering a 2% property tax cap, without any significant mandate relief, which due to increased costs in providing mandated programs, would cause a projected budget shortfall of more than $2 million in Cortland County, AND WHEREAS, the said property tax cap proposal allows local boards to override the cap with a two- thirds majority vote, thereby not only shifting cost to local governments, but unfairly shifting blame to locals leaders for tax increases that are actually caused by State mandates; and WHEREAS, imposing a so–called “property tax cap” is disingenuous and would decimate services provided in local communities by counties, NOW THEREFORE BE IT RESOLVED, That the Cortland County Legislature hereby demands that State Legislators reduce unfunded mandates that cause local property tax increases, prior to imposing a cap on local property taxes, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature urges the Mandate Relief Commission to enact the mandate reform report issued by NYSAC, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature supports the recommendations made in the attached report titled “2011-2012 Executive Budget Proposals,” AND BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to every other county government, Governor Andrew Cuomo, Assembly Speaker Sheldon Silver, NYS Association of Counties, Barbara Lifton, Gary Finch and Brian Kolb, and Senator Jim Seward. 62 ---PAGE BREAK--- Agenda Item No. 2 – Authorize Agreement/Handicap Entrance Installation – Cortland County DMV/BOE Building On motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION NO. 63-11 Authorize Agreement/Handicap Entrance Installation Cortland County DMV/BOE Building WHEREAS, the entrance doors at the Cortland County Department of Motor Vehicle Office and the Cortland County Board of Election Office, although fully in compliance with NYS law present a great amount of difficulty for handicapped people to enter and exit the building, AND WHEREAS, the County Clerk’s Office, the Cortland County Legislature and the Access to Independence Office have received complaints concerning the difficulty entering the Department of Motor Vehicle Building and the Cortland County Board of Election Office, AND WHEREAS, the County Clerk has received proposals from two different installers, AND WHEREAS, Stanley Access Technologies, LLC was the lower proposal, NOW THERFORE BE IT RESOLVED that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into a contract with Stanley Access Technologies, LLC, to install automatic push-button entrance plates to the combined building entrance, one entrance door to the DMV and one entrance door to the Board of Election Office, and the cost of said project shall not exceed $6,000 and be paid from Account H16205 52999 2314-DMV Expense. Agenda Item No. 3 – Accept RFP/Authorize Agreement – ABJ Fire Protection Co. On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION NO. 64-11 Authorize Agreement/Handicap Entrance Installation Cortland County DMV/BOE Building WHEREAS, the entrance doors at the Cortland County Department of Motor Vehicle Office and the Cortland County Board of Election Office, although fully in compliance with NYS law present a great amount of difficulty for handicapped people to enter and exit the building, AND WHEREAS, the County Clerk’s Office, the Cortland County Legislature and the Access to Independence Office have received complaints concerning the difficulty entering the Department of Motor Vehicle Building and the Cortland County Board of Election Office, AND WHEREAS, the County Clerk has received proposals from two different installers, AND WHEREAS, Stanley Access Technologies, LLC was the lower proposal, NOW THERFORE BE IT 63 ---PAGE BREAK--- RESOLVED that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into a contract with Stanley Access Technologies, LLC, to install automatic push button entrance plates to the combined building entrance, one entrance door to the DMV and one entrance door to the Board of Election Office, and the cost of said project shall not exceed $6,000 and be paid from Account H16205 52999 2314-DMV Expense. Agenda Item No. 4 – Accept RFP/Authorize Agreement – Jerome Fire Equipment Co. On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 65-11 Accept RFP/Authorize Agreement Jerome Fire Equipment Co. Inc. Buildings & Grounds WHEREAS, The Buildings & Grounds Department has solicited, received, and reviewed proposals from Riverside Fire Extinguisher Sales & Service, Sanford & Burtis Fire Equipment, Inc., AAA-ABC Fire Extinguishers, and Jerome Fire Equipment Co. Inc., AND, WHEREAS, Jerome Fire Equipment Co. Inc., 8721 Caughdenoy Rd., Clay, N.Y. 13041 has presented the least expensive proposal through December 31, 2015, NOW THEREFORE BE IT, RESOLVED, that this Legislature, upon the approval of the County Attorney, authorizes the Chairman to enter into an agreement with Jerome Fire Equipment Co. Inc., for $4,900.00 from April 15, 2011 - December 31, 2011, $1,200.00 from January 1, 2012 – December 31, 2012, $1,200.00 from January 1, 2013 – December 31, 2013, $1,200.00 from January 1, 2014 - December 31, 2014 and $1,268 from January 01, 2015 -December 31, 2015 to be funded from A16205.54015, Maintenance Agreements & Repairs. Agenda Item No. 5 - Authorize Agreement – NYSID/Ames Linen (Uniform Rental and Laundering Floor Mats and Dust Mops) On motion of Mr. Park. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 66-11 Authorize Agreement NYSID/Ames Linen Uniform Rental and Laundering Floor mats and Dust mops (Various County Departments) WHEREAS, the Buildings & Grounds Department issued an RFP for Uniform Rental and Laundering, for various County Departments, AND WHEREAS, the Cortland County Attorney and New York State Finance Law requires the utilization of “Preferred Source Vendors” for said service, AND WHEREAS, the New York State Industries for the Disabled (NYSID), is the preferred vendor for said service in cooperation with their corporate partner, Ames Linen, for Cortland County, AND 64 ---PAGE BREAK--- WHEREAS, NYSID has met their legal obligation to present this Agreement. NOW THEREFORE BE IT, RESOLVED, that NYSID with corporate offices at 11 Columbia Circle Drive, Albany, N.Y. 12203, be awarded an agreement for Uniform Rental and Laundering, Floor Mats and Dust Mops for Various County Departments for a weekly charge of $379.79, to be paid out of corresponding accounts with the various County Departments utilizing the services AND, BE IT FURTHER, RESOLVED, that this Legislature herby authorizes the Chairman of the Legislature to enter into an agreement with NYSID, upon approval of the County Attorney. Agenda Item No. 6 - Resolution Calling On the Governor and the State Legislature to Recognize County Probation Departments as Important Partners in Public Safety and to Allocate State Funding To Pay For the Programs Probation Departments Are Mandated to Provide On motion of Mr. Park. Seconded by Mr. Spaulding. Probation Director Lisa Cutia said the resolution is in support of the Probation Department, which has seen a significant decrease in State funding, while receiving increased mandates from NYS. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. PARK RESOLUTION NO. 67-11 Resolution Calling On the Governor and the State Legislature to Recognize County Probation Departments as Important Partners in Public Safety and to Allocate State Funding To Pay For the Programs Probation Departments Are Mandated to Provide WHEREAS, County Probation Departments are an integral part of the Criminal Justice System and operate within the legal framework of the Criminal Procedure Law, the Penal Law and the Family Court Act, AND WHEREAS, it is the mission of Probation to protect the community through intervention in the lives of those under supervision by facilitating compliance with court orders and serving as a catalyst for positive change, AND WHEREAS, State funding for Probation has been drastically cut from a 53.4 percent State share in 1990 to only 14 percent in 2010, putting a huge strain on counties to fund the remaining 86 percent at a cost to County property tax payers of $340 million in 2010, AND WHEREAS, during a special legislative session on November 18, 2009, the Legislature passed and the Governor signed Leandra’s Law, which increased penalties for Driving While Intoxicated (DWI) and mandated harsher penalties including mandatory sentencing of ignition interlock devices (IIDs) for DWI offenders, AND WHEREAS, regulations promulgated by the Office of Probation and Correctional Alternatives (OPCA) mandated that counties create plans for monitoring those individuals sentenced to IIDs and required counties to designate an entity to be responsible for monitoring and probation is mandated to collect DNA from offenders, for which counties receive no reimbursement from the State, AND WHEREAS, County Probation Departments were the most commonly designated entity to monitor these offenders, thus further straining probation department budgets and resulting in an increase in workload for probation officers, AND WHEREAS, the legislation provided no funding or resources whereby the ignition interlock section of this legislation could be implemented by local jurisdictions, thus creating an unfunded mandate 65 ---PAGE BREAK--- on counties that are responsible for ensuring that individuals sentenced to IIDs comply with the law and their sentence, AND WHEREAS, the New York State Vehicle & Traffic Law currently states that court ordered surcharges in Driving While Intoxicated related convictions be forwarded by the courts to the State of New York, AND WHEREAS, these court ordered surcharges on Driving While Intoxicated convictions should be directed to the counties to be used to support the enforcement of the ignition interlock provisions of Leandra’s Law, AND WHEREAS, in 2010 the New York State Senate unanimously approved S.7951 which would amend New York State Vehicle & Traffic Law Sections 1809-C and 1809-E directing that mandatory court ordered surcharges imposed and collected on DWI offenses be directed to the STOP-DWI Program in the county where the offense occurred, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature recognizes the extraordinary and important role Probation provides to the community, law enforcement and the courts, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature urges Governor Andrew M. Cuomo and the New York State Legislature to fund Probation at adequate levels to ensure the continued support of and resources for the important work Probation Officers perform, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature urges the redirection of court ordered surcharges in Driving While Intoxicated related convictions and be directed to the counties who administer STOP-DWI, Probation and other anti-DWI programs and alleviate the undue burdens Leandra‘s law placed on county services and redirect the DNA collection fee to the county entity, be it Probation departments or Sheriffs’ departments that collect the DNA, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature shall forward copies of this Resolution to Governor Andrew M. Cuomo, the New York State Legislature and all others deemed necessary and proper. Agenda Item No. 7 – Transfer Funds/Establish Projects (McGraw-Marathon Road - Highway Department) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 68-11 Transfer Funds/Establish Projects Highway Department WHEREAS, the Cortland County Highway Department has completed an inspection of all Cortland County Large Culverts, AND WHEREAS, the conditions of the several large culverts require will require repairs in 2011, AND WHEREAS, the Cortland County Highway Department is currently designing the repairs needed to various structures, which will require resources to be shifted from various projects to address the said issues, NOW THEREFORE BE IT 66 ---PAGE BREAK--- RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following projects be and hereby be established and or modified, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Decrease Expense: D51125.54065.7290 $ 1,500.00 Telephone Rd. Ext. Bridge.-Equip. D51125.54077.7290 $117,000.00 Telephone Rd. Ext. Bridge-Materials D51125.54065.7295 $ 80,000.00 Gee Brook Rd. Rehab.- Equip D51125.54077.7295 $ 25,000.00 Gee Brook Rd. Rehab.-Materials Increase Expense: D51125.54065.7298 $ 51,500.00 McGraw-Marathon Rd. Cul.-Equip D51125.54077.7298 $ 92,000.00 McGraw-Marathon Rd. Cul.-Mat. D51125.54065.7299 $ 30,000.00 Various Large Culverts-Equip D51125.54077.7299 $ 50,000.00 Various Large Culverts-Mat Agenda Item No. 8 – Authorize Agreement/NYS Truxton-Tully Road (P.I.N. 375545) On motion of Mr. Fuller. Seconded by Ms. Price. Ms. Gofkowski made a motion to table the resolution. Seconded by Ms. Briggs. Chairman Williams called a roll call vote. (See attached). The motion failed with a weighted vote of 4,762. Ms. Gofkowski asked Deputy Highway Superintendent Robert Buerkle a series of questions. She asked how much the engineering costs for the project are. Mr. Buerkle said there is an estimated cost, but no final costs until an engineer is selected and a price is negotiated. The total estimated cost of the first phase of the project is $3.3 million, with all three phases estimated to be between $8 and $9 million. She asked how wide the driving lanes and shoulders are. Mr. Cornell made a motion to “call the question.” Chairman Williams asked for a roll call vote (see attached). The motion failed with a weighted vote of 12,710. Mr. Parker verified that contracting with an engineer must be approved by the Legislature anyway. Ms. Briggs said that 80% of the project cost is from federal funds, and an additional 15% may be available from the state. Ms. Gofkowski asked about the average number of cars and trucks on the road. Mr. Buerkle said several hundred vehicles use this route every day, particularly as a commuter route to Syracuse. Ms. Gofkowski asked if alternative rehab techniques will be used during construction. Mr. Buerkle answered yes, such as recycling existing material. All members voting in favor of the resolution, except Ms. Gofkowski, who was opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 69-11 Authorize Agreement/New York State Truxton-Tully Road P.I.N. – 375545 WHEREAS, the Highway Committee desires to Authorize the implementation, and funding in the first instance 100% of the Federal-Aid Program-aid eligible costs, of a transportation Federal-Aid project, and appropriating funds therefore, AND 67 ---PAGE BREAK--- WHEREAS, the Project for the Reconstruction of Truxton-Tully Road (CR-150), P.I.N. 3755.45 is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal Funds and 20% non-Federal Funds, AND WHEREAS, the said project may also be eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marchiselli aid), AND WHEREAS, Cortland County desires to advance the Project by making a commitment of 100% of the non-federal share of Preliminary Design, Final Design, Right-of-Way Acquisitions, Construction and Construction Inspection of the said project, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby approves the above-subject project, AND BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the County of Cortland to pay in the first instance 100% of the Federal and non-Federal share of the cost of the Right-of-Way Acquisitions, Construction and Construction Inspection for the Project or portions thereof, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following, an appropriation account #H51125 52600 5126 in the amount of $3,355,000.00 and revenue accounts for the Local, State and Federal shares, AND BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated, the Legislature of Cortland County shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute all necessary Agreements, certifications or reimbursement as approved to form by the County Attorney, on behalf of the County of Cortland in connection with the advancement or approval of the Project, AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, AND BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Agenda Item No. 9 – Authorize Amnesty Week (Highway Department) On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor, except Mr. Ross, who was opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 70-11 Authorize Amnesty Week Highway Department WHEREAS, the Highway Committee of this Legislature has recommended at their March 8, 2011 meeting that the Municipalities of Cortland County be granted one week in the spring of 2011 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 2011, AND 68 ---PAGE BREAK--- 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 2011 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), tires(without rims), 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 the Highway Department shall furnish the Legislature with an accounting of all wastes delivered to the landfill during Amnesty week. Agenda Item No. 10 – Approval of Cortland County Solid Waste Management Modification (Highway Department) On motion of Mr. Fuller. Seconded by Ms. Arnold. Ms. Briggs asked what the modifications are in this plan. Mr. Fuller said this plan was updated to reflect the actual operations now at the landfill, but he had not seen the previous plan. The modification was reviewed by the previous legislature, and a public hearing was held in 2009. Ms. Briggs made a motion to table the resolution. Seconded by Mr. Fuller. Chairman Williams called a roll call vote. (see attached). Motion to Table failed with a weighted vote of 11, 273. Mr. Fuller then withdrew his motion and pulled the resolution from consideration. Agenda Item No. 11 – Appropriate Funds/Establish Project (Highway Department) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 71-11 Appropriate Funds/Establish Project Highway Department WHEREAS, the Cortland County Highway Department has completed an inspection of all Cortland County Highway Department Large Culverts, AND WHEREAS, the conditions of the several large culverts require will require repairs in 2011, AND WHEREAS, the large culvert repairs were not budgeted in the 2011 County Budget, AND WHEREAS, the sales tax revenue exceeded the amount budgeted in the 2010, NOW THEREFORE BE IT RESOLVED, that $175,000 shall be appropriated from the excess sales tax funds in the 2010 budget, to be utilized for large culvert repairs, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: 69 ---PAGE BREAK--- Increase Expense A95225 94995 $175,000.00 Inter-Fund Transfer Expense Fund Balance A359900 $175,000.00 Appropriated Fund Balance Increase Expense: D51125.54065.7299 $105,000.00 Various Large Culverts-Equip D51125.54077.7299 $ 70,000.00 Various Large Culverts-Materials Revenue D501048 45031 $175,000.00 Inter-Fund Transfer Revenue Agenda Item No. 12 – Authorize Agreement/Accept Funds – Health Department Lead Poisoning Prevention Grant On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. PACE RESOLUTION NO. 72-11 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant WHEREAS, State funds are available to continue the Childhood Lead Poisoning Prevention Program and Cortland County has been awarded $37,971 for the period 10/01/10 – 09/30/11, 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, $34,387 of these funds are already in the 2011 budget in A40115-A40125.51005 $27,775 (Personnel), A40115.58020-58065 $3,261 (Fringe), 40115.54001-54500.4033 $3,351 (Contractual), and A401143.43450.4033 $34,387 (Revenue), NOW THEREFORE BE IT RESOLVED, that the 2011 Budget is hereby amended: Increase: Expense: A40115.54000.4033 Telephone $ 200 A40115.54001.4033 Printing $ 108 A40115.54005.4033 Office Supplies $ 108 A40115.54020.4033 Postage $ 661 A40115.54035.4033 Education $ 453 A40115.54055.4033 Professional Svces $2,054 Increase: Revenue: A401143.43450.4033 Lead Revenue $3,584 NOW, THEREFORE, BE IT 70 ---PAGE BREAK--- RESOLVED, that the Chairman of the Legislature and Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with NYS to accept these funds. Agenda Item No. 13 – Authorize Agreement – Health Department Administration/Public Health Preparedness On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; except Ms. Gofkowski, who was opposed. Agenda Item No. 13 became: ON MOTION OF MR. PACE RESOLUTION NO. 73-11 Authorize Agreement Health Department/Administration Public Health Preparedness WHEREAS, the Cortland County Health Department wishes to enter into an Agreement with Onondaga County Health Department (OCHD) to participate in the EPI Alliance to provide collaborative public health preparedness and response services, AND WHEREAS, the Cortland County Health Department will be contracting with the Onondaga County Health Department to provide 24 hour 7 day a week availability of a physician/epidemiologist specializing in Communicable Disease Control as well as ongoing consultation on communicable disease, bioterrorism, and related concerns, AND WHEREAS, the cost for the physician/epidemiology consult will be available at a fee for service rate of $87.41 per hour plus travel expenses, AND WHEREAS, these funds are available in the 2011 County Budget, 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 with the Onondaga County Health Department for provision of such service. Agenda Item No. 14 – Authorize Agreement – Health Department/Hospice (Auditor) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PACE RESOLUTION NO. 74-11 Authorize Agreement Heath 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, who is the only regional 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 71 ---PAGE BREAK--- WHEREAS, monies for the above service are budgeted in expenditure account A40485.54055, AND WHEREAS, the term for this agreement is March 1, 2011 through December 31, 2011, 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. Agenda Item No. 15 – Authorize Agreement/Accept Funds – Health Department Indoor Radon Grant On motion of Mr. Pace. Seconded by Mr. Troy. Ms. Briggs indicated that the kits made available by this grant does not mitigate Radon in homes, rather just tests for its presence. Ms. Briggs asked that a notice be placed on the county website once the kits are available. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PACE RESOLUTION NO. 75-11 Authorize Agreement/Accept Funds Health Department Indoor Radon Grant WHEREAS, the Cortland County Health Department has been awarded a grant by the NYS Health Department in the amount of $7,345 for the period 7/1/10 through 6/30/15 to reduce the number of homes in Cortland County with elevated radon levels, AND WHEREAS, $1,837 of the grant is for radon kits that the State will be supplying to us, NOW, THEREFORE, BE IT RESOLVED, that the 2011 County Budget is hereby amended as follows: Increase: Expenses: A40125.54001.4026 Copying $ 150 A40125.54004.4026 Software $1,250 A40125.54005.4026 Office Supplies $ 190 A40125.54020.4026 Postage $ 878 A40125.54055.4026 Professional Svces $2,000 A40125.54060.4026 Advertising $1,040 Increase: Revenue: A401243.43450.4026 Radon Revenue $5,508 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the NYS Health Department to accept these funds. Agenda Item No. 16 – Amend Budget Mental Health Department (Madison/Cortland ARC) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 16 became: 72 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 76-11 Amend Budget Mental Health Department (Madison/Cortland ARC) WHEREAS, The New York State Office of People with Developmental Disabilities has approved a additional funding for Madison – Cortland ARC in 2011, in the amount of $220.00, NOW THEREFORE BE IT RESOLVED, that the 2011 County budget be amended as follows: Increase: Expenses: A43105 54870 4223 Madison-Cortland ARC $220.00 Revenues: A431043 43491 4200 NYS OMH $220.00 , AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 17 – Authorize Agreement – Mental Health Services On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MS. PACE RESOLUTION NO. 77-11 Authorize Agreement Mental Health Department (Mental Health Services) WHEREAS, there is a mandate to hire a consultant to provide audit services in the Mental Health Department, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized and directed to execute a contractual agreement in 2011 for audit services for Mental Health and Horizon House with Richard McNeilly, CPA for $3,400.00 per audit ($6,800) for the 2010 fiscal year. Agenda Item No. 18 – Authorize Grant Application for Capital Replacement Needs NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years (Planning Department) On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 18 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 78-11 Authorize Grant Application for Capital Replacement Needs NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years 73 ---PAGE BREAK--- Cortland County Planning Department WHEREAS, the County of Cortland is submitting a request for consolidated grant funds to the New York State Department of The application for funding 1) Any and all agreements between the County of Cortland and the State of New York for the above named project; Any and all agreements Transportation, pursuant Federal Section 5311, Title 49 United States Code, for projects to provide public mass transportation service for fixed route and demand responsive service throughout the County, with limited service to contiguous counties by First Transit, Inc., Cortland County’s public transportation provider and the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider, for the 2011 and 2012 fiscal years, AND WHEREAS, the County of Cortland and the State of New York have entered into a continuing agreement for a ten-year period of 1/1/2002 to 12/31/2012 that authorizes the undertaking of the Project and payment of the Federal Share, identified as State Contract No. C003671, AND WHEREAS, there is no cost to the County of Cortland, as the local share required is provided by First Transit, Inc., as stipulated in their agreement with Cortland County, AND WHEREAS, applications are due by April 15, 2011, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is authorized to act on behalf of the County of Cortland to sign the following: 2) between the County of Cortland and any third party subcontractors necessary to complete the above named project; and 3) any and all Municipality/Vendor contracts for the purchase and/or installation of vehicles and/or equipment pursuant to the application and agreement which are necessary to complete the above named project. Agenda Item No. 19 – Approve Monument in Courthouse Park – Lapeer Civil War Memorial On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said when the monument was installed the Civil War veterans from Lapeer were omitted. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR PACE RESOLUTION NO. 79-11 Approve Monument in Courthouse Park County Clerk Lapeer Civil War Memorial WHEREAS, memorial monuments were placed in courthouse park for all the towns in Cortland County in memory of those who gave their lives in service during the civil war, with the exception of Lapeer, AND WHEREAS, the County Historian has in his possession the Cortland County Directory of 1869 which lists the names of those who died in the service for their country during the Civil War who were from the Town of Lapeer, NOW THEREFORE BE IT 74 ---PAGE BREAK--- RESOLVED, that the County Clerk obtain prices for the memorial, solicit funds from various veteran’s and civic organizations and have a monument created and placed in courthouse park to memorialize the names of the civil war soldiers from Lapeer who died in service to their country during the Civil War. Agenda Item No. 20 – Amend Resolution No. 143-09, Establish Fees for Election Workers – Board of Elections On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Cornell made a motion to amend the resolution to deleted the fourth “whereas” phrase “WHEREAS, the cost of hiring election workers was formerly a City and Town responsibility, the County will develop am appropriate charge back system to each municipality to cover Elections Worker fees, AND” Seconded by Ms. Price. All members voting in favor of the amendment. All members voting in favor of the resolution; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. PACE RESOLUTION NO. 80-11 Amend Resolution No. 143-09 Establish fees for Election Workers Cortland County Board of Elections WHEREAS, the position of NYS Retired Teachers Ballot Marking Device Trainer is required by the Cortland County Board of Elections to train Election Inspectors, AND WHEREAS, The New York State Election Law 3-4201.1 and 3.300.6 mandate that all Election Workers be paid by the County, AND WHEREAS, Resolution 143-09 amended Resolution 344-08, establishing fees for Election Workers, AND WHEREAS, the cost of hiring election workers was formerly a City and Town responsibility, the County will develop am appropriate charge back system to each municipality to cover Elections Worker fees, AND WHEREAS, New York State Election Law 3-420.2 mandates an annual fee of Twenty Five Dollars ($25.00) for the mandatory training of all election workers, NOW THEREFORE BE IT RESOLVED, that the New York State Retired Teacher Ballot Marking Device Trainer be added with established fees as follows: Base Annual Inspector Training Fee $25.00 $5000. 200(includes substitutes) Inspector Fee-Primary Election $100.00 $17,000 170 (based on 10 hour) day) Inspector General Election $160.00 $27,200 170 (based on 16 hour) day) Inspector Fee District Chair $ 25.00 $1,050. 42 Districts Machine Custodians $ 60.00 $2,040 33 Machines * and an additional $30 flat fee per machine for mandated quarterly reports Ballot Marking Device Trainer $ 15.00 $ 1,000 NYS Retired Teacher BMD Trainer $20.00 $2,000 , AND BE IT FURTHER 75 ---PAGE BREAK--- RESOLVED, that the 2009 County Budget shows that the expenses are to be paid from Account No. A14505.54055 Professional Services. Agenda Item No. 21 – Adopt Local Law No. 1 of 2011 On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 81-11 Adopt Local Law No. 1 of 2011 A Local Law Setting the Salary of Cortland County Election Commissioners BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1. Each Cortland County Election Commissioner shall receive equal salary, pursuant to Election Law 208. Section 2. The annual salary for each Cortland County Election Commissioner shall be increased from $27,176 to $27,991 effective May 8, 2011. Section 3. This local law is subject to permissive referendum. It shall take effect not sooner than forty five (45) days after adoption, (May 8, 2011), provided no petition is filed, and upon filing with the Secretary of State. Agenda Item No. 22 – Abolish Health, Dental and Vision Insurance Practice – Cortland County Legislature On motion of Mr. Pace. Seconded by Ms. Arnold. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 82-11 Abolish Health, Dental, and Vision Insurance Practice Cortland County Legislature WHEREAS, Cortland County Legislators have been eligible for and received Health, Dental, and Vision Insurance through the Cortland County Self-Insurance Fund, AND WHEREAS, this Legislature feels this is an unwarranted benefit and an unnecessary cost to the County taxpayers, AND WHEREAS, this Legislature does not wish to take health, dental, and vision insurance benefits away from legislators who are currently enrolled in the program, NOW THEREFORE BE IT RESOLVED, that the 2012 Legislature will not be eligible to receive health, dental, or vision benefits through the Cortland County Self-Insurance Fund, excepting those legislators who currently receive benefits, are re-elected in 2012, and continue to be re-elected, AND BE IT FURTHER 76 ---PAGE BREAK--- RESOLVED, that any member of the current legislature wishing to enroll must enroll during an open enrollment period in either May 2011 or November 2011 or enroll as a result of a qualifying event on or before December 31, 2011. Agenda Item No. 23 – Amend Budget (Area Agency on Aging/Nutrition) On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor, except Mr. Ross, who was opposed. Agenda Item No. 23 became: ON MOTION OF MS. PRICE RESOLUTION NO. 83-11 Amend Budget Area Agency on Aging/Nutrition Program WHEREAS, the Cortland County Area Agency on Aging Nutrition Program has received donations from the Cortland Senior Center Council and the Cortland Senior Club in the amount of $5,627.00 for the purchase of a new stove for the Nutrition Program Central Kitchen, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expenses: A67745-52250 4340 Household Equipment +$5,627.00 Revenues: A677442-41972 4340 Donations +$5,627.00 Agenda Item No. 24 – Amend Budget Area Agency on Aging (Title VII Long Term Care Ombudsman Program On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MS. PRICE RESOLUTION NO. 84-11 Amend Budget Area Agency on Aging (Title VII Long Term Care Ombudsman Program) WHEREAS, the Cortland County Area Agency on Aging has received funds from the Patient Care Ombudsman in the amount of $25,369.85 for the Area Agency’s role as a patient care advocate in a bankruptcy proceeding, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-51015 4334 Personal Services-Temporary +$8,290.00 A67725-51020 4334 Personal Services-Overtime +$1,644.00 A67725-52060 4334 Computer Equipment +$4,203.00 A67725-54004 4334 Computer Software 881.00 77 ---PAGE BREAK--- A67725-54001 4334 Printing +$6,800.00 A67725-54005 4334 Office Supplies 726.85 A67725-54035 4334 Training & Education 250.00 A67725-54047 4334 Mileage Reimbursement 350.00 A67725-58020 4334 Retirement +$1,339.00 A67725-58030 4334 FICA 634.00 A67725-58040 4334 Workers’ Compensation 252.00 Revenues: A677244-43772 4334 Federal Aid – Title VII +$25,369.85 Agenda Item No. 25 – Accept Bids/Authorize Purchase Miscellaneous Groceries & Frozen Foods – Area Agency on Aging On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MS. PRICE RESOLUTION NO. 85-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on March 3, 2011 for the period April 1, 2011 through June 30, 2011, 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 13748 Quandt’s, PO Box 700, Amsterdam, NY 12010 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, 2011 through June 30, 2011. Agenda Item No. 26 – Area Agency on Aging/Create Temporary Aging Services Worker On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MS. PRICE RESOLUTION NO. 86-11 78 ---PAGE BREAK--- Area Agency on Aging Create Temporary Aging Services Worker WHEREAS, the needs of the agency will be better served by creating one, temporary position of Aging Services Worker, AND WHEREAS, the Human Services and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that one, temporary position of Aging Services Worker (CSEA grade 7, $13.6112- 16.45600/hr., competitive class) be and hereby is created effective on or after September 1, 2011, not to exceed four months. Agenda Item No. 27 – Amend Budget/Department of Social Services (Administration) On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MS. PRICE RESOLUTION NO. 87-11 Amend Budget Department of Social Services WHEREAS, the NYS Office of Temporary and Disability Assistance has allocated TANF funds for Community Solutions for Transportation (CST), NOW BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4687 Admin-CST $17,282 Revenue: A601044.44687 Fed-Administration $17,282 Agenda Item No. 28 – Accept Donation/Amend Budget – Youth Bureau (Wilkins Foundation) On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 88-11 Accept Donation/Amend Budget Youth Bureau (Wilkins Foundation) WHEREAS, a Donation from the Ralph R. Wilkins Foundation, in the amount of $1,100.00 was donated to the Youth Bureau, for the Cortland Works Now program. NOW THEREFORE BE IT RESOLVED, that the County Budget be and hereby is amended as follows: Increase: Appropriation: A73125-54083 Works Now Program YB $1,100.00 Revenue: 79 ---PAGE BREAK--- A731242.42705 Works Now Program YB $1,100.00 The Clerk announced there were two resolutions to be acted on that were not on the agenda, and asked for a motion to Suspend the Rules of Order to consider them. Agenda Item No. 29 – Authorize Agreement – Environmental Engineering Consultant – Interoperable Communications Program On motion of Mr. Williams. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 89-11 Authorize Agreement Environmental Engineering Consultant Interoperable Communication Project WHEREAS, Resolution 329-10 authorized Cortland County to proceed with the study and evaluation of the Interoperable Emergency Communications System, and WHEREAS, Motorola is in the process of evaluating alternative sites for communication facilities and equipment, and WHEREAS, the State Environmental Quality Review Act (“SEQRA”) requires the County to carefully consider and evaluate the potential environmental impacts prior to undertaking any such project, and WHEREAS, an environmental engineering consultant is needed to assist the County in achieving compliance with SEQRA and other state and federal environmental statutes and regulations, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney as to form, is hereby authorized and directed to sign a letter of engagement with Kenneth J. Teter, PE, of Teter & Teter Design Consultants, 32 Clinton Street, Homer, New York, to provide environmental engineering services including the preparation of environmental reports, a full environmental assessment form (EAF), mapping, attendance at public meetings, and related environmental responsibilities concerning the Interoperable Communications Project and compliance with SEQRA, but not including the preparation of a full Environmental Impact Statement (EIS), AND BE IT FURTHER RESOLVED that said firm be paid according to the attached letter of engagement and that said funds not to exceed $25,000.00 will be paid out of Professional Services Line (A54055) from the Fire Emergency Management, Information Technology, and Sheriff’s Department budgets, with the intent of repaying said funds from bonds for the above project, once issued. Agenda Item No. 30 – Extend Contract – Several Departments (Uniform & Rug Rental) On motion of Mr. Park. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. PARK RESOLUTION NO. 90-11 Extend Contract Several Departments 80 ---PAGE BREAK--- Uniforms & Rug Rental WHEREAS, Employees of the Cortland County Highway Department, Buildings & Grounds Department, and Office for the Aging are required to wear specified uniforms, AND WHEREAS, per the Contract between the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO and the County of Cortland, the uniforms are to be provided by the County, AND WHEREAS, by Resolution # 169-07, #154-09 and # 324-10, the County contracted with Coyne Textile Services to provide said uniforms, AND WHEREAS, the County wishes to extend the existing contract with Coyne Textile Services through May 31, 2011, with no increase from the existing Contract, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby authorizes and directs the Chairman of the Legislature, upon approval by the County Attorney as to form, to extend the provisions of the current contract with Coyne Textile Services, 140 Cortland Ave., Syracuse, N.Y. 13221 through March 31, 2011. Announcement Ms. Price announced that the Committee will meet in Room 304 following session to discuss Election Fees and the Interoperable Communications Project. Adjournment Mr. Park made a motion to adjourn. Seconded by Ms. Gofkowski. All members voting in favor. The meeting was adjourned. ROLL CALL VOTE Agenda Item No. 8 - Authorize Agreement - NYS Truxton-Tully Road MOTION TO TABLE made by Ms. Gofkowski, Seconded by Ms. Briggs. Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 0 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 0 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 81 ---PAGE BREAK--- Total 48599 4762 Majority 24300 2/3rd 32400 ROLL CALL VOTE Agenda Item No. 8 - Authorize Agreement - NYS Truxton-Tully Road MR CORNELL MADE A MOTION TO 'CALL THE QUESTION' Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 Total 48599 12710 Majority 24300 2/3rd 32400 ROLL CALL VOTE Agenda Item No. 10 - Authorize Agreement - Motion to Table Resolution made by Ms. Briggs. Seconded by Mr. Fuller. Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 0 82 ---PAGE BREAK--- Hartnett 2334 1 0 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 0 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 0 Total 48599 11273 Majority 24300 2/3rd 32400 Cortland County Legislature April 28, 2011 6:00 P.M. Minutes Order of Business Chairman Williams opened the Special 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 Ms. Gofkowski, who was excused for a family medical emergency. Approval of Minutes Mr. Troy made a motion to approve the minutes of the March 24, 2011 Regular Meeting. Seconded by Mr. Parker. Ms. Briggs noted a correction and an addition regarding Agenda Item No. 15. All members voting in favor; none opposed. The minutes were approved pending a correction. Proclamations & Recognitions The Clerk read a recognition, honoring the Homer Intermediate School – Drug Quiz Show Champions. Mr. Park presented the recognition to the team. The Clerk read a Proclamation declaring May 1 to 7 as RSVP Week in Cortland County. Mr. Fuller presented the Proclamation to Cindy Stockholm and Anita Wright. The Clerk read a Proclamation declaring May as Foster Parent Month in Cortland County. Ms. Price presented the Proclamation to DSS Commissioner Kristin Monroe and foster parents Mike and Kelly Sweeney of Homer. The Clerk read a Proclamation, declaring April as Autism Awareness Month in Cortland County. Mr. Pace presented the Proclamation, on behalf of Ms. Gofkowski, to Kimberly McRea Friedman. 83 ---PAGE BREAK--- Privilege of the Floor Mr. Nino Lama of Ithaca spoke in regards to Agenda Item No. 11. He asked that the Legislators be sure they have read and be familiar with the entire document they are voting on, and the potential impacts of their vote. He said the modification calls for a disparate rate for tipping fees based on volume. Mr. Williams said there is nothing in the solid waste plan that will enact any such measure. This is simply a modification as requested by DEC and that public hearings were held in 2009. Recess Ms. Price asked for a short recess. Chairman Williams recessed the meeting. Receive & File Ms. Price made a motion to Receive & File the 2010 Social Services Annual Report and Business Plan. Seconded by Mr. Parker. All members voting in favor; none opposed. Chairman Williams thanked Ms. Monroe for the report and invited her to discuss it at the May Legislative Session. New Business The Clerk asked that a resolution on legislators desks be considered first, and that the Rules of Order be suspended. Mr. Troy made a motion to Suspend the Rules of Order. Seconded by Mr. Parker. All members voting in favor, except Ms. Briggs, who was opposed. Authorize Issuance of a Theaterical Production and Custodial License – Highway Department, Dwyer Park (Cortland Repertory Theatre) On motion of Mr. Williams. Seconded by Mr. Troy. Mr. Purser suggested a five-month license agreement from May 1 to October 1, rather than a full year. Mr. Fuller made a motion to amend the resolution as such. Seconded by Mr. Cornell.He said he has an application for a caterer’s permit to serve alcohol on the premises. He said he would like to draft the contract so that any caterer’s permits are the responsibility and liability of CRT, who manages the facility, rather than the County. He would also like to add that the dispensing of alcoholic beverages shall only be done by a company that is authorized to sell alcohol under the ABC laws in New York, or has a caterer’s permit on the premises. Mr. Ross added that the sale and consumption of alcohol should only be permitted in the pavilion, as that is the only portion of the park operated by CRT. Mr. Kirby Thompson of CRT said that a five-month agreement would work, but he would like to have it done much earlier in the year. Chairman Williams asked that a copy of the caterer’s license and/or proof of insurance be provided for the events at the pavilion. Ms. Briggs asked if CRT served alcoholic beverages during performances. Mr. Thompson said CRT’s insurance company has advised against serving alcohol, so the practice stopped about eight years ago. Ms. Briggs said that a policy should be established as to if alcohol can be served at county-owned facilities. All members voting in favor of the amended resolution, except Mr. Park, who was opposed. Mr. Park stated he was not given enough time to review and discuss the terms of the contract and he would like to see this go through committee. Chairman Williams said the Highway Committee already agreed to the terms of the contract. The resolution became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 91-11 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 84 ---PAGE BREAK--- 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 a five-month agreement from May 1st, 2011 to October 1, 2011for 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 $300.00 for said License. Agenda Item No. 1 - Appoint Member – Cortland Count Board of Health On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 92-11 Appoint Member Cortland County Board of Health WHEREAS, due to the resignation of Stuart W. Gillim, M.D., a vacant position for a physician exists from the Cortland County Board of Health, AND WHEREAS, New York State Regulation requires that the Cortland County Legislature appoint the members of the Board of Health from a list of physicians submitted by the County Medical Society, NOW THEREFORE BE IT RESOLVED, that Cindy Johnson, M.D., residing at 2094 Kypriotis Drive, Cortland, New York, be and hereby is appointed to the Cortland County Board of Health to fill the remainder of the term of Stuart W. Gillim, M.D., starting April 28, 2011 and ending December 31, 2011. Agenda Item No. 2 – Accept Proposal/Authorize Agreement – Participate in National Grid Rebate Program On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 93-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from the New York Power Authority and National Grid 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 program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS those facilities are identified as: 85 ---PAGE BREAK--- Cortland County Court House Horizon House 46 Greenbush St. 49 Grant St. Cortland, N.Y. Cortland, N.Y. Cortland County Recycling Center Cortland County Public Safety 137 Pendleton St. Building & Jail Cortland, N.Y. 54 Greenbush St. Cortland, N.Y. Cortland County Landfill Cortland County Airport 4708 Townline Rd. 922 Groton Rd McGraw, N.Y. Cortland, N.Y Cortland County Cleary Bldg. Cortland County Highway 37 Church St. Complex Cortland, N.Y. Miller St. Ext./Traction Dr. Cortland, N.Y. , AND WHEREAS, there is additional lighting retrofit work to be completed at the Highway complex at a cost of $2,324.55 resulting in an additional annual savings of $460.51, with the County’s contribution of $1,215.89 and a National Grid Contribution of $1,108.66, AND, WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $1,119.04 to take advantage of the 15% discount offered under the program and also include this payment plan in Option A, as previously approved, described in the Resolution to Authorize Payment NYS Power Authority and National Grid Projects, 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 to participate in a rebate program associated with a lighting retrofit project. Agenda Item No. 3 – Amend Resolution No. 43-11/ Authorize Payment NYS Power Authority and National Grid Project On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION MR. WILLCOX RESOLUTION NO. 94-11 Amend Resolution No. 43-11 Authorize Payment NYS Power Authority And National Grid Projects County Administrator WHEREAS, Resolution No. 43-11 authorized the payment process for the National Grid Lighting Retrofit project and the New York State Power Authority Energy Conservation measures project, AND WHEREAS, Resolution No 42-11 authorized a punch list project for the Recycling Center and likewise a resolution was introduced on April 28, 2011 for a similar punch list project in the Highway Complex , AND 86 ---PAGE BREAK--- WHEREAS, neither project was included in the payment plan identified in Resolution No. 43-11, NOW THEREFORE BE IT, RESOLVED, that Resolution No. 43-11 be and hereby is amended to include these two projects. AND BE IT FURTHER RESOLVED, that the Total Line for the Option A approved payment plan will be: Total Cost Amended Total Cost $2,091,332.0 $2,095,840.00 Customer Contribution Amended Customer Contribution $1,954,705.00 $1,956,955.00 Lump Sum Payment Amended Lump Sum Payment 15% Discount 15% Discount $ 180,545.00 $ 182,610.00 Annual Savings Amended Annual Savings $ 157,911.00 $ 158,859.00 Annual Payment Amended Annual Payment $ 215,550.00 $ 215,550.00 Annual Payment Amended Annual Payment $ 55,639.00 $ 56,697.00 , NOW THERFORE BE IT, RESOLVED, that the Cortland County Legislature will make a one-time payment of $182,610.00 for the National Grid work, and apply the annual savings from the reduced utility payments to offset the costs of the NYPA contract thus reducing the annual payments to NYPA, and that said $182,610.00 payment shall be paid out of the Cortland County Contingency Fund as amended above for the Option A payment schedule. Agenda Item No. 4 – Amend 2011 Budget – Proceeds From Surplus Equipment On motion of Mr. Willcox. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 95-11 Amend 2011 Budget Proceeds Surplus Equipment Buildings and Grounds WHEREAS, the County sold its surplus equipment at a February auction, AND WHEREAS, the Buildings and Grounds Committee voted to use the proceeds of this auction to purchase a snow blade for the Massey Ferguson lawn tractor and a sander/spreader for the Buildings & Grounds Department, NOW THEREFORE BE IT RESOLVED, that the following amendment be made to the 2011 Budget: Increase: 87 ---PAGE BREAK--- A359900 Appropriated Fund Balance $ 5403.87 Expense: A16205 52035 Repair & Maintenance $ 5403.87 , AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized and directed to make said changes. Agenda Item No. 5 – Authorize Agreements – Alternatives to Incarceration (NYS Office of Probation and Correctional Alternatives) On motion of Mr. Park. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 96-11 Authorize Agreements Alternatives to Incarceration/Probation (NYS Office of Probation and Correctional Alternatives) WHEREAS, with adoption of 1985 Resolution No. 180, the Cortland County Legislature created an Alternatives to Incarceration Program, AND WHEREAS, the County of Cortland has received reimbursement yearly from the State Division of Probation and Correctional Alternatives (now known as the Office of Probation and Correctional Alternatives), AND WHEREAS, a Service Plan for the New York State funding (January 1, 2011 to December 31, 2011) has been approved by the Cortland County Criminal Justice Advisory Board, AND WHEREAS, that Service Plan calls for an agreement between the County of Cortland and the State Office of Probation and Correctional Alternatives to provide both Pretrial Release and Community Service Programming whereby the County will spend $129,796.00 in 2011 for local programming, AND WHEREAS, the New York State Office of Probation and Correctional Alternatives will provide reimbursement to the County of Cortland for local Alternatives to Incarceration Programming in an amount not to exceed $16,159.00 in 2011, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney, is hereby authorized to enter into an agreement with New York State Office of Probation and Correctional Alternatives for the term of January 1, 2011 to December 31, 2015, whereby in consideration of the total sum $16,159.00 for the year 2011 the County of Cortland will provide local Alternatives to Incarceration Programming as set forth in said agreement. Agenda Item No. 6 – Amend 2011 Budget/Transfer Funds (NYS Office of Homeland Security) On motion of Mr. Park. Seconded by Mr. Cornell. Mr. Pace asked for a friendly amendment to include a Revenue Line in the resolution, if necessary. All members voting in favor; none opposed. Agenda item No. 6 became: ON MOTION OF MR. PARK RESOLUTION NO. 97-11 88 ---PAGE BREAK--- Amend 2011 Budget/Transfer Funds Sheriff's Department (New York State Office of Homeland Security) WHEREAS, the Cortland Sheriff’s Department applied for and has received an award from the NYS Office of Homeland Security Grant (contract T838482 2008 LETPP and contract T838492 2009 LETPP) for Equipment and Training for the period of July 1, 2010 through June 2012, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget is hereby amended as follows: Increase: Expenses: A31105-51020 Overtime $10,330.00 A31105-54045 3107 Travel Expense $ 2,000.00 Agenda Item No. 7 – Amend 2011 Budget – Fire & Emergency Management – NYS Office of Homeland Security On motion of Mr. Park. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PARK RESOLUTION NO. 98-11 Amend 2011 Budget Fire and Emergency Management NYS Office of Homeland Security WHEREAS, it is necessary to re-appropriate the unspent portion of the three-year 100% funded grant from the NYS Office of Homeland Security Grant Contract # C838480 (for the grant period 09/01/08-08/31/11) for 2011, NOW THEREFORE, BE IT Resolved, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A34105 54080 3100 Miscellaneous Grant Expense $106,118.28 A359900 Appropriated Fund Bal Gen Fund $106,118.28 Agenda Item No. 8 – Award Inspection and Maintenance Contract for AWOS – Airport/Chase Field On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 99-11 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) Cortland County Airport – Chase Field Highway Department 89 ---PAGE BREAK--- 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 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 = $3,900.00 Quote = $4,200.00 , AND WHEREAS, the Highway Committee of the Cortland County Legislature recommends the contract for said services be awarded to Vaisala Inc., 194 South Taylor Ave., Louisville, CO 80027, 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 2011 for the amount of $3,900.00, 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. Agenda Item No. 9 – Award Bids/Highway Department – Various Materials On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 100-11 Award Bids Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department, 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 RMS Gravel, 290 Mott Road, Dryden, NY 13053 CONCRETE PUMPING SERVICES No bids Received. CRUSHED STONE from the low bidder where cost of hauling and availability will be a consideration. DIESEL FUEL from Superior Plus Energy Services, LLC 9754 River Road, Marcy, NY 13403-0400. GRAVEL from the low bidder where cost of hauling and availability will be a consideration. HEAVY ROCK RIP-RAP from RMS Gravel, 290 Mott Road, Dryden, NY 13053 90 ---PAGE BREAK--- 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 Seneca Pavement Marking, Inc. 23 Hunter Run, Horseheads, NY 14845 RETREAD TIRES from Commercial Truck Tire Center, 7255 Northern Blvd., East Syracuse, NY 13057. SCRAP TIRE REMOVAL from Contento’s Auto Sales, Inc., 119 ½ Pendleton St., Cortland, NY 13045. STEEL BAIL WIRE from Accent Wire, 1031 FM 2920, Tomball, TX 77375 STEEL SNOWPLOW AND GRADER BLADE EDGES from Chemung Supply Corp., P.O. Box 527, Elmira, NY14902 STONE FILLING MATERIALS from the low bidder where cost and availability will be a consideration. TRANSIT MIX CONCRETE/WASTE BLOCKS from Cortland Ready Mix, Div. of WF Saunders, PO Box A, Nedrow, NY 13120-0280. TREE AND STUMP REMOVAL – No bids Received. 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. Agenda Item No. 10 – Award Bids/Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 101-11 Award Bids/Extend Agreements 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 2009 AND 2010 with an option to extend existing bids, NOW THEREFOR, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County will extend the existing 2009 and 2010 bids to purchase materials, supplies and services from the low bidders meeting specifications as follows: ASPHALT EMULSION SLURRY SEAL from Suit Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045 BITUMINOUS CONCRETE from Suit Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045 91 ---PAGE BREAK--- 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 GUIDE RAIL POST INSTALLATION from Silverline Construction, Inc., 4299 Newtown Road, Burdett, NY 14816 PROCESSING OF HIGHWAY AGGREGATE from RMS Gravel, Inc. 290 Mott Rd., Dryden, NY 13053 Agenda Item No. 11 – Approval of Solid Waste Management Plan modification On motion of Mr. Fuller. Seconded by Mr. Bushnell. Ms. Briggs asked Highway Superintendent Don Chambers to discuss the modification and potential impacts by adopting this resolution, particularly in relation to the scale for bulk rates for tipping fees. Mr. Chambers said a public hearing was held in 2009, and it is simply an update of the plan that is about 20 years old. The DEC has asked that the County update the plan, in an interim basis until the new Part 360 regulations are complete. Then a new modification may be necessary. He said this has nothing to do with tipping fees or opening for flow from outside the county. He said there are recommendations in the plan, but the legislature must provide funds with further approvals to enact any changes to the current system. The County is not obligated to make any of the changes in the plan at this point. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 102-11 Approval of Cortland County Solid Waste Management Plan Modification Highway Department WHEREAS, the Cortland County Legislature declared itself lead agency under SEQR for the approval of the Comprehensive Solid Waste Management Plan Modification by Resolution 305-09, AND WHEREAS, the County of Cortland Highway Committee has been studying various possible options for dealing with solid wastes operations, AND WHEREAS, the Cortland County Legislature desires to approve and submit the Comprehensive Solid Waste Management Plan Modification as submitted for public comment in 2009, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts and approves the Cortland County Solid Waste Management Plan Modification, AND BE IT FURTHER RESOLVED, that the Cortland County Highway Superintendent is hereby authorized and directed to file the Comprehensive Solid Waste Management Plan Modification with the New York State Department of Environmental Conservation. Agenda Item No. 12 – Amend 2011 Budget – 5311 STOA Program (Planning) 92 ---PAGE BREAK--- On motion of Mr. Ross. Seconded by Mr. Cornell. Mr. Ross said this is simply accepting funds from the State to continue Cortland Transit’s operation through the end of the year. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. ROSS RESOLUTION NO. 103-11 Amend 2011 Budget Planning Department (5311 STOA Program) WHEREAS, The County of Cortland has received a “clean up” SFY 2010-2011 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, 2011 to December 31, 2011 the 2011 County Budget is hereby amended as follows: Increase: Expense: A80225.54081 5311 STOA $97,903.80 Increase: Revenue: A802243.43594 5311 STOA $97,903.80 Agenda Item No. 13 – Authorize Hours of Operation – County Clerk’s Office On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PACE RESOLUTION NO. 104-11 Authorize Hours of Operation County Clerk’s Office WHEREAS, pursuant to County Law 206, the board of supervisors may fix the office hours for the County Clerk, AND WHEREAS, the Cortland County Clerk’s office has hours of operation that are inconsistent with the Department of Motor Vehicle Office, the District Attorney’s office, the Information Technology Office, and other County agencies, AND WHEREAS, the County Clerk’s Office is located within the Cortland County Courthouse and the NYS Office of Court Administration has mandated that security lock the doors to the Courthouse at 4:30 pm, NOW THEREFORE BE IT RESOLVED, that the hours of operation for the Cortland County Clerk’s office be changed from 9:00am – 5:00pm to 8:30am – 4:30pm. Agenda Item No. 14 – Authorize One-Stop Operator Agreement – Cayuga/Cortland Workforce Investment Board On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 14 became: 93 ---PAGE BREAK--- ON MOTION OF MS. PRICE RESOLUTION NO. 105-11 Authorize One-Stop Operator Agreement Between The Cayuga-Cortland Workforce Investment Board And One-Stop Operator Consortium Of The Cayuga-Cortland Workforce Development System WHEREAS, Section 121(a) and of the federal Workforce Investment Act (WIA) requires the Workforce Investment Board (WIB) with the Agreement of the local Chief Elected Official for the area to designate and certify the One-Stop Operators, AND WHEREAS, Section 134(d) of the WIA requires such Operator be selected in accordance with an Agreement reached between the local board and consortium of entities that, at a minimum, includes 3 of the One-Stop Partners, AND WHEREAS, the Cayuga-Cortland WIA consortium consists of 3 such partners: The Cayuga and Cortland County Departments of Employment and Training, The New York State Department of Labor, and Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR), AND WHEREAS, the WIB and Chief Elected Officials of Cayuga and Cortland Counties have certified the Cayuga works Career Center located at 199 Franklin Street, Suite 204, Auburn, NY, and the Cortland Works Career Center located at 99 Main Street, Cortland, to be the official One-Stop Career Centers for our two County Workforce Investment Area, AND WHEREAS, the consortium in agreement with the WIB and local chief elected officials have designated the Directors of the Cayuga and Cortland County Departments of Employment and Training to be the One-Stop Operators for the day to day implementation and on-going execution of Board policies and procedures in the One Stop Career Centers, NOW THEREFORE BE IT RESOLVED, that Chairman of the Cortland County Legislature, the Director of the Cortland County E&T Grant Administration Department, and the Cortland County Director of Employment and Training, upon review and approval by the County Attorney, are hereby authorized to sign the One-Stop Operator Agreement that shall be in effect until June 30, 2014 or until the Legislation requires a change. Agenda Item No. 15 – Appoint/Re-Appoint Members – Cortland County Youth Board On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MS. PRICE RESOLUTION NO. 106-11 Appoint/Re-Appoint Members Cortland County Youth Board RESOLVED, that the following persons be and hereby are appoint/re-appointed to the Cortland County Youth Board, to serve without compensation for the following terms. NAME/REPRESENTING ADDRESS TERM Scott Friedah 3296 Clute Rd 4/1/11 - 3/31/14 Citizen Representative Cortland, NY 13045 Tracey Messinger 105 Maple Avenue 4/1/11 – 3/31/14 Citizen Representative Cortland, NY 13045 94 ---PAGE BREAK--- Brian Moore 2817 Webb Rd 4/1/11 – 3/31/14 DSS Representative Cortland, NY 13045 Emily Morley 3489 Tannery Rd 5/1/11 – 4/30/12 Youth Representative PO Box 593 Marathon, NY 13803 Christian Seyerle 1195 Conrad Rd 5/1/11 – 4/30/12 Youth Representative Marathon, NY 13803 Michael Kilmer 98 S. Main St. 4/1/11 – 3/31/14 Citizen Representation Homer, NY 13077 Peter Veintimilla 12 Abdallah Ave. 4/1/11 - 3/31/14 Citizen Representative Cortland, NY 13045 Agenda Item No. 16 – Accept Funds/Amend Budget (SUNY Research Foundation/AmeriCorps Program) On motion of Ms. Price. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MS. PRICE RESOLUTION NO. 107-11 Accept Funds/Amend Budget Youth Bureau (SUNY Research Foundation/AmeriCorps Program) WHEREAS, funds in the amount of $1,598.00 were awarded to the County Youth Bureau for the Youth Bureau Director's assistance with the coordination of the AmeriCorps Program at SUNY Cortland thru the RESEARCH FOUNDATION, NOW THEREFORE BE IT RESOLVED, that the County Youth Bureau, is authorized to accept these funds from the RESEARCH FOUNDATION, at SUNY Cortland, AND BE IT FURTHER RESOLVED, that the County Budget be and hereby is amended as follows: Increase: Revenue: A731242. 42705 Gifts and Donations $1,598.00 Appropriation: A73125.54083 Misc. Supporting Services $1,598.00 Agenda Item No. 17 – Abolish/Create – Senior Clerk/Senior Social Welfare Examiner (Social Services) On motion of Ms. Price. Seconded by Ms. Cobb. Ms. Briggs said she does not like the idea of creating positions, but being that another position is being abolished, a portion of the salary is reimbursed through the state, and the new position will likely save the county money through fraud investigations, she will support it. She added that she would like to have regular updates regarding the success of the position. Ms. Price said the Human Services Committee discussed this and wanted to move forward right away with a resolution. Ms. Monroe spoke about how the position will improve her department. All members voting in favor; none opposed. Agenda Item No. 17 became: 95 ---PAGE BREAK--- ON MOTION OF MS. PRICE RESOLUTION NO. 108-11 Abolish/Create Social Services Department Senior Clerk/Senior Social Welfare Examiner WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Senior Clerk and creating one full-time position of Senior Social Welfare Examiner, AND WHEREAS, the Human Services/Budget & Finance Committees recommend the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Senior Clerk (Grade 6, $13.2175-16.0811/hr., CSEA contract, competitive class) be and hereby is abolished effective April 28, 2011, AND BE IT FURTHER RESOLVED, that one full-time position of Senior Social Welfare Examiner (Grade 12, $15.8864-19.3282/hr., CSEA contract, competitive class) be created effective April 28, 2011. Agenda Item No. 18 - 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” (A6547, S4041A) On motion of Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 109-11 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” (A6547, S4041A) WHEREAS, Cortland County passed Resolution 15-11, 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 $16,000,000 and relying solely on bonding 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 S4041A, “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 A6547, 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 96 ---PAGE BREAK--- RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. Agenda Item No. 19 - Endorsing State Legislation Amending County Law “In Relations to Wireless Communication Surcharges in the County of Cortland” (S4044A, A6548A) On motion of Ms. Arnold. Seconded by Mr. Hartnett. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 110-11 Endorsing State Legislation Amending County Law “In Relations to Wireless Communication Surcharges in the County of Cortland” (S4044A, A6548A) WHEREAS, Cortland County passed Resolution 16-11, 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 $16,000,000 and relying solely on bonding 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 S4044A, “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 A6548, NOW THEREFORE BE IT RESOLVED, that this Legislature endorses and requests State approval of said legislation, and urges its elected representatives in the Senate and Assembly to support this legislation, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. Agenda Item No. 20 - 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, 2013 97 ---PAGE BREAK--- On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 111-11 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, 2013 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, 2011, 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, 2011 to November 30, 2013. Agenda Item No. 21 - 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, 2013 On motion of Ms. Arnold. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 112-11 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, 2013 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, 2011), 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, 2011 to December 1, 2013. Agenda Item No. 22 - Authorizing the Engagement of Outside Legal Counsel For 98 ---PAGE BREAK--- Cortland County, the Cortland County Legislature and It’s Officers and Employees in Litigation Of Certain Actions On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MRS. ARNOLD RESOLUTION NO. 113-11 Authorizing the Engagement of Outside Legal Counsel For Cortland County, the Cortland County Legislature and It’s Officers and Employees in Litigation Of Certain Actions WHEREAS, there is currently pending a civil action commenced by Michael P. McMahon and Peter F. McMahon, individually and d/b/a McMahon’s E-Z Acres against Cortland County, AND WHEREAS, County Law Section 501 states that the County Attorney shall prosecute and defend all civil actions and proceeding brought by or against the County and its officers, AND WHEREAS, the County Attorney has declared that he has a conflict of interest in representing Cortland County, its officers and employees in these matters, and has asked that outside counsel be engaged, AND WHEREAS, the Budget and Finance Committee has agreed to that request and recommended that outside legal counsel be engaged. NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to enter into an agreement to retain the services of Gregory Gates, Esq. as legal counsel for the County of Cortland, the Cortland County Legislature, and its officers and employees named in the above noted matter, at a total initial cost not to exceed $10,000.00. Agenda Item No. 23 – Authorize Agreement/Renewal of Lease for Mental Health Department Offices On motion of Mr. Williams. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 114-11 Authorize Agreement/Renewal of Lease for Mental Health Department Offices At 1-5 Clayton Avenue, Cortland WHEREAS, the current lease for offices of the Cortland County Mental Health Department at 1- 5 Clayton Avenue expired on December 31, 2010, AND WHEREAS, a renewal of the lease for a specific period of time has been negotiated for the same terms, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature authorizes the Chairman of the Legislature, upon review and approval by the County Attorney, to execute an agreement with the Lessor, Joseph Armideo, for an extension of the lease agreement for the premises at 1-5 Clayton Avenue, Cortland, New York, from January 1, 2011 to December 31, 2011 upon the same terms and conditions as provided in the Lease Agreement dated January 1, 2006 for the subject premises at same rate of $6,703.33 for rent and $1,500.00 for annual outside maintenance. 99 ---PAGE BREAK--- Agenda Item No. 24 – Amend Policy and Procedure – Budget Modifications On motion of Ms. Arnold. Seconded by Ms. Price. Ms. Briggs asked what changes were made to the policy and why the Treasurer’s office was being taken out of the process. County Treasurer Patrick O’Mara said the Treasurer’s office has only been involved since the appointment of Mr. Murphy and that this will expedite the process, saving time and money. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 115-11 Amend Policy and Procedure Budget Modifications WHEREAS, Resolution No. 184-04 adopted a policy and procedure for Budget Modifications, AND WHEREAS it is the desire of the Cortland County Legislature to fully utilize its technology and software capabilities while saving time and printing costs associated with the budget modification policy, NOW THEREFORE BE IT RESOLVED, that the attached Policy and Procedure “Budget Modifications” is hereby amended as seen attached. CORTLAND COUNTY POLICY AND PROCEDURES BUDGET MODIFICATIONS 1. Purpose This policy provides a procedure for appropriate budgetary controls to promote the effective, efficient, and economical management of appropriated funds. 2. Policy All modifications, including appropriation and revenue accounts, to the adopted budget shall be requested consistent with these procedures and shall utilize the standard Adopted Budget Modification Request form MUNIS Financial Management System. The level of authorization required is contingent upon the amounts and accounts involved as identified in this policy. These procedures shall apply to the transfer of funds, an increase in appropriations and/or revenues, and the establishment of new accounts. In all instances, requested modifications shall maintain a balanced budget. 3. Procedure A. The attached Adopted Budget Modification Request (ABMR) form MUNIS Financial Management System Budget Modification Form shall be prepared and submitted for all transfers of funds and/or adjustments to the adopted budget. B. All ABMR’s shall be typed and completed with the required information. The ABMR shall reflect: i. the department clerk; ii. the statutory committee fiscal year; iii. the action requested period; iv. the increase in appropriation(s) and revenue(s); and/or Journals, 1,2 v. the establishment of new accounts. Short description; vi. the effective date; vii. the budget year code; viii. the entity code; ix. amendment type; 100 ---PAGE BREAK--- x. special conditions; xi. amendment status xii. Line 1 Org Description, Object, and Project code if any xiii. short description of transfer xiv. the date xv. for decrease xvi. the amount xvii. line 2 Org Description, Object, and Project code if any xviii. short description of transfer xix. the date xx. for increase xxi. the amount xxii. the additional description C. The ABMR shall contain an explanation and justification of the action requested. It shall contain sufficient details to provide an adequate identification and understanding of the requested action. D. The account numbers and descriptions from the Chart of Account shall be used when completing the ABMR. E. Accounts numbers, descriptions, and amounts transferred “From” shall be on a separate line from the accounts being transferred “To.” The amounts reflected as the “From” account shall be in parenthesis to indicate a withdrawal from the respective account. F. All transactions shall maintain a balanced budget. G. The ABMR shall reflect the level of authorization for the request. The following authorization levels are applicable: The County Administrator: i. Transfer of funds not exceeding $10,000 within and between the equipment and contractual areas of a departmental budget, including the creation of new line items, provided that such transfers do not exceed the total appropriation(s) for the departmental budget adopted or amended by the County Legislature; and/or ii. Transfer of funds not exceeding $10,000 within the Personal Services account or from the Personal Services Account to Equipment and Contractual, provided said authority is limited to modifications for overtime and/or shift differential appropriations and/or previously approved temporary or part-time positions, which shall not result in the creation of a permanent, full-time position. All such transfers shall be reported to the appropriate statutory committee chair(s) and the Chairman of the Legislature upon approval and to the full Legislature at the session immediately following the date on which the transfer was authorized. The County Legislature: i. Transfer of funds exceeding $10,000; ii. Transfer of funds between funds, departments, or division of the budget; iii. Requests that provide for an increase in appropriations and revenues; and/or iv. Requests that establish new accounts. There shall be no splitting of transfer amounts to avoid the next level of authorization. I. Upon completion of the ABMR, the authorization process shall depend on the authorization level required. The process shall be: i. Department head’s review and approval (no transactions shall be initiated without the prior knowledge and approval of the department head); ii. Personnel Officer’s review and recommendation if request involves a personal services appropriation; iii. County Treasurer’s review and recommendation; iv. County Administrator’s review, recommendation, and authorization; v. Statutory Committee’s review and recommendation, if appropriate; vi. County Legislature’s review and authorization, if appropriate. 101 ---PAGE BREAK--- J. Copies of the authorized request shall be provided to the Department Head, County Treasurer, appropriate statutory committee chair, and County Administrator. Transaction records are stored and are available for review with proper authorization on the MUNIS Financial Management System. K. Within five business days of receipt of the appropriate authorization, the County Treasurer Administrator’s Office shall initiate the transaction and make the approved modifications to the adopted budget and accounting system. L. Instances of failure to comply with these policies and procedures identified by the County Treasurer Administrator and/or County Auditor shall be reported to the appropriate statutory committee chair, and the Chairman of the Legislature. , and the County Administrator. M. Any questions relating to the intent or need for clarification of this policy shall be subject to a determination by the Budget and Finance Committee or the County Legislature. The Clerk advised there was one additional resolution that was not on the agenda, and the Rules of Order would need to be suspended to consider it. Mr. Troy made a motion to Suspend the Rules of Order. Seconded by Mr. Cornell. All members voting in favor, except Ms. Briggs, who was opposed. On motion of Mr. Williams, seconded by Mr. Bushnell. All members voting in favor; none opposed. The motion became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 116-11 Clarify Contract Terms – Multiple Resolutions (See Attached Schedule) WHEREAS, the Cortland County Legislature has on occasion authorized multiple contracts in a single resolution, which has in some instances resulted in a lack of clarity as to certain contractual provisions, including the time period for the individual contracts, AND WHEREAS, certain contracts and resolutions falling into this category have been identified as needing clarification for audit purposes, in accordance with the attached schedule, so that payments can be processed, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature authorizes the use of the attached schedule for the sake of clarifying certain contractual terms for audit purposes when reviewing / processing payment of those contracts noted. Announcement Mr. Cornell announced that the Committee will meet in Room 304 following session to discuss the 2010 Census figures. Adjournment Mr. Hartnett made a motion to adjourn. Seconded by Mr. Park. All members voting in favor. The meeting was adjourned. 102 ---PAGE BREAK--- Cortland County Legislature May 26, 2011 6:00 P.M. Minutes Order of Business Chairman Williams opened the Special 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. Waldbauer, who was excused by Mr. Williams. Approval of Minutes Mr. Troy made a motion to approve the minutes of the April 28, 2011Regular Meeting. Seconded by Mr. Cornell. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Mr. Michael of Cortlandville spoke in opposition to Agenda Item No. 15. He said he is a retired DEC employee. He said raising the annual tonnage from the permitted 44,500 to 70,000 would fill the current landfill by.2023, nine years prior to the debt service being paid off. He said he things taking out- of-county garbage would be a significant change to the existing permit and may require the county to go through the SEQR process. He is also concerned with increased truck traffic and leachate treatment. Mr. Ron Rocco of Cortlandville spoke in opposition to Agenda Item No. 15. He spoke about a 1987-1988 Environmental Protection Agency that designated the County’s sole-source aquifer, which lies under the landfill. He provided a copy of the EPA’s report, and a transcript of the hearings held. Mr. Roy Schreck of Cortland spoke in opposition of Agenda Item No. 15. He said the property surrounded by the landfill is ecologically and archeologically sensitive area, with 16 waterfalls and a Native American village site and possible burial ground. Ms. Lee Miller spoke in opposition to Agenda Item No. 15. She said the EnSol report which states the landfill can be expanded if necessary, does not take into account the hydrology and underlying geology of the area, which will likely prohibit any expansion. She said more than 3 miles of roads and houses would have to be taken by eminent domain to expand. She said odor associated with the landfill would also be a detriment, and could open the county up to a lawsuit and/or a class-action suit. She said if the legislature votes to approve the resolution without doing a SEQR they are opening the county up to a lawsuit. She said a gorge in the area contains medicine that is “unlike any that exists anywhere else.” Onondaga Nation Chief William Lazore spoke in opposition to Agenda Item No. 15. He said the Onondaga Nation will not allow it to be destroyed. Patrick O’Mara spoke in opposition to Agenda Item No. 35 and 36, and said the Treasurer’s Office is finally fully staffed for nearly the first time in his tenure. Due to various personnel circumstances the office has fallen behind on work, however now that it is fully staffed, the office should be left as it is and given the opportunity to prove that the system works. Proclamations & Recognitions The Clerk read a recognition, celebrating the 65th Anniversary of the Cortland County Soil & Water Conservation District. Mr. Steger and Mr. Parker presented the proclamation to Amanda Barber, director of SWCD. Mr. Steger then presented a recognition for the Aldrich Farm for the implementation of various soil and water conservation projects. Mr. Parker presented Kurt Schmidt, advisor to the Cortland County Environthon team, with an outstanding Conservation Educator Award. 103 ---PAGE BREAK--- The Clerk read a Proclamation declaring July 16, 2011 as Americans With Disabilities Awareness Day in Cortland County. Ms. Price presented the Proclamation to Fran Pizzola of Access to Independence. Ms. Pizzola spoke about upcoming Access to Independence events. Ms. Price, as majority leader, challenged Ms. Briggs, as minority leader, to a watermelon eating contest at the upcoming ATI picnic. Receive & File Mr. Troy made a motion to Receive & File the Mortgage Tax Distribution Report for Oct. 1, 2010 to Mar. 31, 2011 from the Treasurer’s Office. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. New Business Agenda Item No. 1 – Amend/Authorize Agreements – NYS Office of children & Family Services On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 117-11 Amend/Authorize Agreements Youth Bureau (New York State Office of Children and Family Services) WHEREAS, Funds have been reduced to the County of Cortland through New York State Office of Children and Family Services for the period from January 1, 2011 to December 31, 2011, AND WHEREAS, the following programs/agencies have made grant applications to the Cortland County Youth Board and the Youth Board reduced funds to the amounts listed for the purposes listed: PROGRAM/AGENCY AMOUNT REASON ACCOUNT NUMBERS Catholic Charities $5,500.00 For the provision of mentoring services to youth in the rural areas of Cortland County & CCSI Appropriation Acct.: A73125.54525.4302 Revenue Acct.: A731243.43820.4302 YWCA/Bridges for Kids (Youth Development/Delinquency Program Funds) $3,500.00 To provide mentoring and support services for children who are products of violent homes and/or living in extreme poverty. Appropriation Acct.: A73125.54525.4303 Revenue Acct.: A731243.43820.4303 YWCA/Bridges for Kids (Special Delinquency Prevention Program Funds) $5,370.00 Appropriation Acct.: A73125.54530.4311 Revenue Acct.: A731243.43820.4311 City Youth Bureau (Youth Development/Delinquency Program Funds) $3,509.00 To Provide tutoring and a high school equivalency course to potential and actual dropouts. Appropriation Acct.: A73125.54525.4304 Revenue Acct.: A731243.43820.4304 City Youth Bureau (Special Delinquency Prevention Program Funds) $5,369.00 Appropriation Acct.: A73125.54530.4310 Revenue Acct.: A731243.43820.4310 County Mental Health Clinic $4,500.00 To provide child respite services for youth. Appropriation Acct.: A73125.54525.4305 Revenue Acct.: A731243.43820.4305 104 ---PAGE BREAK--- After School Program Homer Congregational Church $2,483.00 To help provide an after school program for youth in grades 6th through 8th. Appropriation Acct.: A73125.54525.4307 Revenue Acct.: A731243.43820.4307 Agenda Item No. 2 – Endorsing State Legislation Amending Tax Law, “In relation to extending the authorization for imposition of additional sales tax in the County of Cortland” (A7513, S5025) On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 118-11 Endorsing State Legislation Amending Tax Law, “In relation to extending the authorization for imposition of additional sales tax in the County of Cortland” (A7513, S5025) WHEREAS, the Cortland County Legislature approved Resolution No. 111-11, “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, 2013”, 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, 2011, NOW THEREFORE BE IT RESOLVED, that this Legislature endorses and requests State approval of said legislation, and urges its elected representatives in the Senate and Assembly to support this legislation, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. Agenda Item No. 3 - Endorsing State Legislation Amending Chapter 443 of the Laws of 2007 Amending the Tax Law Relating to Authorizing the County of Cortland to Impose an Additional Mortgage Recording Tax, in Relation to Extending the Effectiveness of Such Provisions.” (A7514, S5026) On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; except Mr. Willcox, who was opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 119-11 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.” (A7514, S5026) 105 ---PAGE BREAK--- WHEREAS, the Cortland County Legislature approved Resolution No. 112-11, “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, 2013”, AND WHEREAS, New York State Tax Law §253-v presently authorizes Cortland County to adopt and amend local laws imposing a mortgage recording tax of twenty five cents for each one hundred dollars ($100.00) and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated in Cortland County and recorded on or after the date upon which such tax takes effect, (beginning September 30, 2007 and ending December 1, 2011), AND WHEREAS, in the current economic climate it would create a fiscal hardship for Cortland County if this source of revenue was to expire, and such a loss would result in a substantial burden on County property owners through increased property taxes or loss of essential services, NOW THEREFORE BE IT RESOLVED, that this Legislature endorses and requests State approval of said legislation, and urges its elected representatives in the Senate and Assembly to support this legislation, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. Agenda Item No. 4 – Appoint Members – Cortland County Traffic Safety Board ON MOTION OF MR. WILLIAMS RESOLUTION NO. 120-11 Appoint Members Cortland County Traffic Safety Board WHEREAS, pursuant to Article 43 § 1672 of Vehicle and Traffic Safety Laws, Local Law No. 4 for the Year 1971 of the Cortland County Legislature established a Cortland County Traffic Safety Board, AND WHEREAS, Local Law No. 3 for the Year 1978 amended Local Law No. 4 for the Year 1971 and established the membership of the Board to be comprised of not less than 12 members appointed by the Cortland County Legislature, AND WHEREAS, a vacancy exists due to the resignation of Eric Mulvihill, NOW THEREFORE, BE IT RESOLVED, that the following members be and hereby are appointed to serve the terms as listed below: NAME ADDRESS TERM STARTS TERM ENDS REPRESENTS 106 ---PAGE BREAK--- Rebecca Canzano PRESIDENT 24 Pearne Ave Cortland, NY 13045 5/26/11 12/31/11 HEALTH DEPARTMENT Herb Barnhart VICE PRESIDENT Sanford Drive Homer, NY 13077 5/26/11 12/31/11 SHERRIFF Agenda Item No. 5 – Authorize Agreement/Information Technology (Folder/Sealer Machine) On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 121-11 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, 2011, AND WHEREAS, a Pitney Bowes Maintenance Agreement for April 1st, 2011 thru March 31st, 2012 has been received in the amount of $1,925.03, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign an agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 6 – Authorize Agreement/Astec Re-Ply Roof Systems (Building & Grounds) On motion of Mr. Willcox. Seconded by Mr. Cornell. Mr. Willcox explained that this is a sole-source provider, therefore no bidding process was necessary. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 122-11 Authorize Agreement Astec Re-Ply Roof Systems Building & Grounds WHEREAS, the Cortland County Jail roof is in need of replacement and/or repair, AND WHEREAS, the Buildings & Grounds committee has reviewed various options for said roof repair, and recommends contracting with Astec Re-ply Roofing Systems, a sole-source provider, 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 Insulating Coatings Corporation, 103 Main Street, Binghamton, NY 13905, as the manufacturer for a re-ply roofing system to be installed at the Cortland County Jail by Specified Systems Inc. 53 Front St., Binghamton, N.Y. 13905 as the authorized applicator of ASTEC RE-PLY, AND BE IT FURTHER RESOLVED, that said project shall not exceed $55,000, and shall be paid out of Account A1620 54076 (Property Repairs). 107 ---PAGE BREAK--- Agenda Item No. 7 – Authorize Agreement/Amend Budget – Child Passenger Safety Program (Sheriff’s Dept) On motion of Mr. Park. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PARK RESOLUTION NO. 123-11 Authorize Agreement/Amend Budget Child Passenger Safety Program Sheriff's Department WHEREAS, the County of Cortland Sheriff's Department applied for and has received notification of an award from the NYS Governor's Traffic Safety Committee for the proper use and installation of child safety seats in New York State, for the period of October 1, 2010 through September 30, 2011, NOW THEREFORE BE IT RESOLVED, the 2010 County Budget be amended as follows: Increase: Revenue: A3110-43329-3105 Child Passenger Safety Program $2,500.00 Expense: A31105-52015-3105 Sheriff's Technical Equipment $2,000.00 A31105-54035 Education & Training $ 500.00 Agenda Item No. 8 – Authorize Agreement – Sheriff’s Dept./Jail (NYS DOCS – Cook/Chill) On motion of Mr. Park. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. PARK RESOLUTION NO. 124-11 Authorize Agreement Sheriff's Department/Jail (NYS-DOCS – Cook/Chill) WHEREAS, the Cortland County Sheriff’s Department wishes to enter into an agreement to procure food products from the New York State Department of Correctional Services’ Office (DOCS) of Nutritional Services located in Rome, New York, AND WHEREAS, DOCS will provide food products as requested by the Cortland County Jail that are standard production items that are standard production items processed consistent with DOCS menu items and DOCS transportation staff will deliver food products to Cortland County Jail’s dock on a weekly basis, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Sheriff of Cortland County, upon review and approval by the County Attorney, be and hereby are authorized to contract with NYS Department of Correctional Services’ Office of Nutritional Services, for the period of July 1, 2011 through June 30, 2016, AND BE IT FURTHER 108 ---PAGE BREAK--- RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the said vendor in the amounts due for aforementioned products upon submission of properly executed vouchers and after audit by the County Auditor. Agenda Item No. 9 - Accept FY10 State Homeland Security Grant Program - Fire & Emergency Management (Contract #C838400 – FY2010 State Homeland Security Program) On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. PARK RESOLUTION NO. 125-11 Accept FY10 State Homeland Security Grant Program Fire & Emergency Management (Contract #C838400 – FY2010 State Homeland Security Program) WHEREAS, the Cortland County Department of Fire & Emergency Management applied for the FY10 New York State Homeland Security Grant Program to enhance our countywide interoperable communications system for emergency response agencies as a continuation of a master plan originally implemented under previous federal fiscal years with the New York State Homeland Security Program (SHSP) Grants, AND WHEREAS, a fully executed contract stipulating the terms and conditions of the agreement between the NYS Office of Homeland Security and the County of Cortland has been received on 08/30/10 for a total award of $70,648.00, for the initial contract period 08/01/2010 to 07/31/2013, NOW THEREFORE BE IT RESOLVED, that the 2011 Adopted County Budget is hereby amended as follows: Increase: Revenues: A341043.43306 Miscellaneous Revenue $70,648.00 Expenses: A34105.54080 Miscellaneous Grant $70,648.00 Agenda Item No. 10 – Amend 2011 Budget/Transfer Funds – Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 126-11 Amend 2011 Budget Transfer Funds Highway Department WHEREAS, the 2010 County Road Fund Budget has a surplus balance in excess of $442,000.00, AND WHEREAS, Resolution # 261-10 was passed in order to balance a deficit of $646,623.20 in the road Machinery Fund by transferring money from the Road Machinery Surplus Fund to the County Road Fund, AND 109 ---PAGE BREAK--- WHEREAS, the County Highway Superintendent has recommended the $442,000.00 surplus in the 2010 County Road Fund Budget should be transferred to the 2011 Road Machinery Fund, NOW THEREFORE BE IT RESOLVED, that the 2011 County budget be amended as follows: Decrease: Revenue: D501048.45035 Inter-Fund Transfer Revenue $442,000.00 Expense: E51305.59951 Inter-Fund Transfer Revenue $442,000.00 Agenda Item No. 11 – Amend 2011 Budget – Recognizing State funds for Snow and Ice Removal (Highway) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 127-11 Amend 2011 Budget Recognizing State Funds for Snow & Ice Removal Highway Department WHEREAS, the County of Cortland will have higher than estimated revenues for the snow and ice removal on State Highways under contract with the County, AND WHEREAS, the costs for snow and ice removal on County and State Highways exceeded the amount estimated for the 2010-2011 winter season, AND WHEREAS, the additional revenue to be received from the State of New York has been recommended to be appropriated by the Cortland County Highway Superintendent to fund the additional costs associated with the 2010-2011 snow and ice removal costs, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following accounts be and hereby modified, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Increase: Revenue D501042.42302 Snow & Ice-State $200,000.00 E513048.45031 IF Transfer $115,000.00 Expense D99015.59530 Inter-fund Transfer Expense $115,000.00 D51105.54077.7800 Salt $ 85,000.00 E51305.54078 Fuel $105,000.00 E50305.54300 Vehicle Repairs $ 10,000.00 110 ---PAGE BREAK--- Agenda Item No. 12 - Award Highway Construction Project – Design, Supply and Install Pre- stressed Concrete Superstructure on McGraw-Marathon Road - Highway Department On motion of Mr. Fuller. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 128-11 Award Highway Construction Project – Design, Supply and Install Pre-stressed Concrete Superstructure on McGraw-Marathon Road Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the contract to Design, Supply and Install Prestressed Concrete Superstructure on McGraw-Marathon Road, AND WHEREAS, the Highway Superintendent has received the following bids for the contract to Design, Supply and Install Prestressed Concrete Superstructure on McGraw-Marathon Road and they are as follows: Design, Supply and Install Prestressed Concrete Superstructure on McGraw-Marathon Road (CR116) BIDDERS BID Stephen Miller General Contractors, Inc. $46,308.15 P.O. Box 291 Mayfield, NY 12117 Economy Paving Co., Inc. $46,611.81 1819 NYS RT 13 Cortland, NY 13045 Silverline Construction, Inc. $47,356.50 4299 Newton Rd. Burdett, NY 14818 R. DeVincentis Construction, Inc. $110,619.00 One Brick Avenue Binghamton, NY 13901 , AND WHEREAS, the amount is not to exceed $46,308.15, NOW THEREFORE, BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51125.54077.7298 Materials and Supplies for the McGraw-Marathon Road project, 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 Stephen Miller General Contractors, Inc., P.O. Box 291, Mayfield, NY 12117. Agenda Item No. 13 – Award Household Hazardous Waste Contract – Highway/Landfill On motion of Mr. Fuller. Seconded by Mr. Cornell. Mr. Fuller said it has been brought to his attention that the initial preferred bidder for this project is not a responsible bidder, and therefore made a motion to 111 ---PAGE BREAK--- amend the resolution to contract with Clean Venture Inc. Seconded by Mr. Troy. All members voting in favor; none opposed. All members voting in favor of resolution as amended; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 129-11 Award Household Hazardous Waste Contract – 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 BIDDERS BID Care Environmental Corp. $44.00 Per Car 10 Orben Drive No Minimum Charge Landing, NJ 07850 No Charge for Testing Unknowns Clean Venture, Inc. $45.00 Per Car 201 South First St. $6,500 Minimum Charge Elizabeth, NJ 07206 No Charge for Testing Unknowns MXI Environmental Services, LLC $52.00 Per Car 26319 Old Trail Road $5,000.00 Minimum Charge Abingdon, VA 24210 No Charge for Testing Unknowns , AND WHEREAS, the amount is not to exceed $ 8,000.00, 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 S. First St., Elizabeth, NJ, 07206, with a maximum amount not to exceed $8,000.00. Agenda Item No. 14 – Amend 2011 Budget – Recognizing Payment for Pavement Markings (Highway) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 130-11 112 ---PAGE BREAK--- Amend 2011 Budget Recognizing Payment for Pavement Markings Highway Department WHEREAS, the Town of Cortlandville, Town of Homer, Village of Homer and Village of Marathon Highway Superintendents have requested the Cortland County Highway Department to apply pavement markings to the Town and Village roads, AND WHEREAS, the Cortland County 2011 Budget did not include funds for the application of pavement markings on the Town and Village roads, AND WHEREAS, the revenue to be received from the said municipalities have been requested by the Cortland County Highway Superintendent to apply pavement markings on the roads of the municipalities, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following project be and hereby be established and or modified, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Increase: Revenue D511042.42300 Town & Village Funds $ 14,000.00 Expense D33105.54007 Maintenance Supplies $ 14,000.00 Agenda Item No. 15 – Accept Proposal/Authorize Agreement – Marketing and Operations Consultant – EnSol Incorporated – Cortland County Landfill On motion of Mr. Fuller. Seconded by Ms. Gofkowski. Mr. Purser asked about the timeframe of the contract, as it was not stated in the resolution. Mr. Murphy replied that it would be open ended and he suggested an annual review and extension, on the anniversary date of a newly adopted Solid Waste Local Law. Ms. Arnold stated that if the local law does not provide for the options listed in the proposal, then the County will not be bound to those portions of the contract. Mr. Fuller pulled the resolution from consideration. Agenda Item No. 16 – Authorize Agreement/Accept Funds – Health Places to Live, Work and Play Grant (Health Dept.) On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 131-11 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 113 ---PAGE BREAK--- WHEREAS, in consideration of CCHD providing assistance for the period January 1, 2011 through March 31, 2011, SVHC will pay a total amount up to $9,007 to compensate the CCHD for salary and fringe, already in the budget, AND WHEREAS, in consideration of CCHD providing assistance for the period April 1, 2011 through March 31, 2012, SVHC will pay a total amount up to $18,013 to compensate the CCHD for salary and fringe, already in the budget, 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. 17 – Authorize Agreement/Accept Funds – Susan G Komen Breast Cancer Grant (Health Dept) On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 132-11 Authorize Agreement/Accept Funds Health Department/Administration Susan G Komen Breast Cancer Grant WHEREAS, funds have been awarded to the Cortland County Health Dept. by the Susan G. Komen Breast Cancer Foundation in the amount of $21,802 for the period 4/1/11 – 3/31/12 to fund breast cancer public awareness and diagnostic and screening procedures for uninsured women who do not qualify for our Breast Health Partnership Grant funds, AND WHEREAS, the Cortland County Health Dept. will be contracting with other health care providers (physicians, laboratories, radiology services, etc.) to help coordinate the efforts of the grant for the period 4/1/11 – 3/31/12, AND WHEREAS, these funds are already in the 2011 budget in accounts A40105.51005 $8,504 Personnel), A40105.48020-58065 $3,827 (Fringe), A40105.54005-54500.4008 $9,471 (Contractual), and A401043.43450.4008 $21,802 (Komen Grant Revenue), 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 with the Komen Foundation to accept these funds and with other health care providers to provide the services for this grant. Agenda Item No. 18 – Authorize Grant Application – Cortland County Snowmobile Trail Development and Maintenance 2011-12 (Planning Dept) On motion of Mr. Ross. Seconded by Mr. Cornell. The Clerk noted that a correction needed to be made to the resolution, which was already approved by the Ag/Planning Committee, and the resolution should reflect that the County will retain a percentage of the grant equal to the actual cost of administering the program. Mr. Ross made said motion. Seconded by Ms. Price. All members voting in favor; none opposed. All members voting in favor of the resolution as amended, none opposed. Agenda Item No. 18 became: ON MOTION OF MR. ROSS RESOLUTION NO. 133-11 114 ---PAGE BREAK--- Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2011-2012 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, 2011 to March 31, 2012, AND WHEREAS, the County will retain a percentage of the grant award equal to the actual cost of administrative services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, is hereby authorized to sign a grant application for funding of Cortland County Snowmobile Trail Development and Maintenance, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, is hereby authorized to sign summary sheets related to the Snowmobile Trail Grant-In-Aid close out for the 2011-2012 period. Agenda Item No. 19 - Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form - Planning Department On motion of Mr. Ross. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. ROSS RESOLUTION NO. 134-11 Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form Planning Department WHEREAS, Article 27 of the New York State Parks, Recreation and Historic Preservation Law establishes a mechanism for allocating funds to local governmental sponsors for the development and maintenance of snowmobile trails designated as part of the State Snowmobile Trail System, AND WHEREAS, having reviewed the criteria contained in Section 617.7, Cortland County finds that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County, AND WHEREAS, it is the County’s intent to support the development and maintenance of snowmobile trails as an important economic and recreational resource for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign a Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR), Article 8 of the New York State Environmental Conservation Law, stating that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County. Agenda Item No. 20 - Authorize Agreements - Cortland County and Cortland County Snowmobile Clubs 2011-2012 - Planning Department 115 ---PAGE BREAK--- On motion of Mr. Ross. Seconded by Ms. Gofkowski. The Clerk noted that a correction needed to be made to the resolution, which was already approved by the Ag/Planning Committee, and the resolution should reflect that the County will retain a percentage of the grant equal to the actual cost of administering the program. Mr. Ross made said motion. Seconded by Ms. Price. All members voting in favor; none opposed. All members voting in favor of the resolution as amended, none opposed. Agenda Item No. 20 became: ON MOTION OF MR. ROSS RESOLUTION NO. 135-11 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2011-2012 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, 2011 to March 31, 2012, AND WHEREAS, it is necessary to have agreements between Cortland County and certain Cortland County Snowmobile Clubs to ensure that the clubs perform trail maintenance and grooming of existing trails throughout Cortland County and to authorize the County as the local sponsor to transfer funds from the grant to the clubs for their work and also to authorize the County to retain a percentage of said grant, equal to the cost of administration, 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 2011- 2012. Agenda Item No. 21 - Amend 2011 Budget - New York State Department of Transportation (NYSDOT) Federal Section 5316 Job Access & Reverse Commute (JARC) Planning Dept. On motion of Mr. Ross. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. ROSS RESOLUTION NO. 136-11 Amend 2011 Budget New York State Department of Transportation (NYSDOT) Federal 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, Resolution No. 137-09 authorized a grant application under the JARC program intended to fund innovative and flexible programs which identify and address the transportation needs of individuals with limited access, AND WHEREAS, Resolution No. 177-10 authorized to accept grant, authorize agreements and amend the 2010 budget, AND WHEREAS, Resolution No. 270-10 established an Appropriations and Revenue Account for the Transportation Mobility Manager Services in the amount of $150,000.00, AND 116 ---PAGE BREAK--- WHEREAS, to continue this program in 2011, a budget amendment is required, NOW THEREFORE BE IT RESOLVED, that the 2011 budget be amended as follows: Increase: Expense Section 5316 JARC Program A80205.54055.8021 $194,851.00 Increase Revenue Section 5316 JARC Program/State/Federal A802043.43594.8021 $150,000.00 Increase Revenue Section 5316 JARC Program/Local A802042.42189.8021 $ 44,851.00 Agenda Item No. 22 - Amend 2011 Budget - New York State Department of Transportation (NYSDOT) Federal Section 5317- New Freedom (NF) - Planning Department On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. ROSS RESOLUTION NO. 137-11 Amend 2011 Budget New York State Department of Transportation (NYSDOT) Federal 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 5317 New Freedom (NF) (FTA C 90590.1), AND WHEREAS, Resolution No. 137-09 authorized a grant application under the NF program intended to fund innovative and flexible programs which identify and address the transportation needs of persons with disabilities, AND WHEREAS, Resolution No. 178-10 authorized to accept grant, authorize agreements and amend the 2010 budget, AND WHEREAS, Resolution No. 271-10 established an Appropriations and Revenue Accounts for the Transportation New Freedom Program in the amount of $100,000.00, AND WHEREAS, to continue this program in 2011, a budget amendment is required, NOW THEREFORE BE IT RESOLVED, that the 2011 budget be amended as follows: Increase: Expense Section 5317 NF Program A80205.54055.8022 $131,826.00 Increase Revenue Section 5317 NF Program/State/Federal) 117 ---PAGE BREAK--- A802043.43594.8022 $100,000.00 Increase Revenue Section 5317 NF Program/Local A802042.42189.8022 $ 31,826.00 Agenda Item No. 23 - Authorize Grant Application - NYSDOT Federal Transit Administration Formula Program, Section 5316- Job Access And Reverse Commute (JARC) - Section 5317 – Program New Freedom (NF) For Non-Urbanized Areas For 2012-2013 - Cortland County Planning Department On motion of Mr. Ross. Seconded by Mr. Hartnett. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. ROSS RESOLUTION NO. 138-11 Authorize Grant Application - NYSDOT Federal Transit Administration Formula Program, Section 5316- Job Access And Reverse Commute (JARC) Section 5317 – Program New Freedom (NF) For Non-Urbanized Areas For 2012-2013 Cortland County Planning Department WHEREAS, grants are available through the New York State Department of Transportation (NYSDOT), Federal Transit Administration (FTA) Formula Programs for non-urbanized areas, Section 5316-Job Access and Reverse Commute (JARC) and Section 5317-Program New Freedom (NF), AND WHEREAS, the JARC and New Freedom programs are funded through the Federal Transit Administration 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 137-09 authorized a grant application under the JARC and NF programs for 2010-2011, AND WHEREAS, Resolution 177-10 and Resolution 178-10 authorized to accept the 2010-2011 JARC grant and NF grant, authorizing agreements and amending the 2010 budget, WHEREAS, Resolutions 270-10 and 271-10 established appropriations and revenue accounts for the JARC and NF programs, AND WHEREAS, JARC and New Freedom grant funding is being used for the full time Mobility Manager in coordinating the transportation needs of various human services agencies in the County with the local public transportation program, and expanding the existing public transportation system, AND WHEREAS, the coordination of transportation needs reduces the transportation costs for human service agencies in the County, AND WHEREAS, the hiring of a Mobility Manager and the expansion of the existing public transportation system were recommendations outlined in the Cortland County Transportation Needs Assessment Final Report, AND WHEREAS, the Mobility Manager is not a County employee, but rather an employee of a private non-profit human service agency, AND WHEREAS, the required 20% local match is and would continue be the responsibility of the various 118 ---PAGE BREAK--- human service agencies, resulting in no cost to the County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign the 2012-2013 grant application for JARC and New Freedom funding from the NYSDOT, Federal Transit Administration Formula Programs for non-urbanized areas, upon County Attorney approval. Agenda Item No. 24 - Authorize the Central New York Regional Planning Development Board Partnership Agreement - NYSERDA RFP 2228: Better Buildings Sub-Grants to Small Municipalities - Planning Department On motion of Mr. Ross. Seconded by Mr. Troy. Mr. Ross said $784,825 will come to Central New York so municipalities can apply for these funds for energy efficiency projects. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. ROSS RESOLUTION NO. 139-11 Authorize the Central New York Regional Planning Development Board Partnership Agreement - NYSERDA RFP 2228: Better Buildings Sub-Grants to Small Municipalities - Planning Department WHEREAS, the Central New York Regional Planning and Development Board is a regional planning organization that formed in 1966 under the provisions of article 12B of the NYS General Municipal Law by the Counties of Cayuga, Cortland, Madison, Onondaga and Oswego, AND WHEREAS, the administers a comprehensive planning program associated with the growth and development of communities in Central New York with a focus on several program areas including community development, economic development, energy management, environmental management, information and research services, intergovernmental cooperation and coordination and transportation planning, AND WHEREAS, under the Energy Efficiency and Conservation Block Grant (EECBG) Program, which was funded by the American Recovery and Reinvestment Act of 2009 (ARRA), the U.S. Department of Energy (DOE) awarded NYSERDA $40 million in May 2010. In accordance with EECBG statutory requirements, NYSERDA must sub-grant a portion of its grants to units of local governments, AND WHEREAS, NYSERDA intends to competitively award $6,892,136 to support energy efficiency financing programs. NYSERDA has set aside $744,825. for Central New York, AND WHEREAS, the intends to prepare an application and, if awarded, to administer a revolving loan fund that will make low interest financing available to small businesses in its five member counties seeking to improve their energy performance, AND WHEREAS, NYSERDA under this solicitation may partner with other eligible municipalities, but must designate one entity as the lead agency to act as contracting and fiscal agent for the grant, AND WHEREAS, the eligible proposer must meet the eligibility requirements established by NYSERDA which includes status as a New York State small municipal government that was included in the 2007 Census of Governments as a currently incorporated municipality and since CNY RPDB does not meet this requirement, it has secured an agreement with Oswego County be the lead municipal applicant under this solicitation, AND 119 ---PAGE BREAK--- WHEREAS, the is working with County of Onondaga to assist in the administration of the County’s direct award under the EECBG by establishing a revolving loan fund which is administered by for eligible projects such as capital facility improvements and purchase of industrial machinery and equipment. Eligible loans under the Onondaga County Energy Revolving Loan Funds are limited to small commercial and industrial businesses with less than 100Kw in electricity demands. It is the intention of the to secure funds through NYSERDA RFP 2288 to establish a similar revolving loan fund for small businesses throughout Central New York, AND WHEREAS, as an independent contractor to the NYSERDA Energy Smart Communities Program in Central New York, the has a well-established Energy Management Program that assists companies seeking to improve their energy performance. In addition to the CNY Enterprise Development Fund, has considerable experience managing revolving loan funds, since its inception in 1989 it has issued more the 80 loans valued at nearly $5 million to businesses throughout Central New York, AND WHEREAS, administrator of the proposed CNY Energy Revolving Loan Fund, the will take the responsibility of program marketing, soliciting applicants, project developments, reviewing applications, approving loans, and completing and submitting reporting material to NYSERDA and US Department of Energy, AND WHEREAS, there is no cost to Cortland County to agree to this Partnership Agreement, 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 the Central New York Regional Planning Development Board Partnership Agreement for NYSERDA RFP 2228: Better Buildings Sub-Grants to Small Municipalities. Agenda Item No. 25 – Accept Proposal/Authorize Agreement – Workers Compensation Operations and Claims Audit – County Administrator On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Murphy said that the County’s annual audit has stated for several years that such an evaluation should be done. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. PACE RESOLUTION NO. 140-11 Accept Proposal/Authorize Agreement Workers Compensation Operations and Claims Audit County Administrator WHEREAS, Cortland County requested proposals for a an Operation Audit of the Worker’s Compensation Claim’s Processing program, (due April 4, 2011), AND WHEREAS, the Cortland County Administrator and the Cortland County Personnel Committee recommends contracting with Support Claim Services, 125 Baylis Road, Melville, NY 11747, for said services, 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 Support Claim Services, 125 Baylis Road, Melville, NY 11747, and that said services shall be in accordance with the submitted proposal, not to exceed $11,125.00, and paid out of Account S17105 54055. 120 ---PAGE BREAK--- Agenda Item No. 26 – Accept Grant/Amend Budget – Homeland Security Grant Program (Sheriff’s Dept) On motion of Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 141-11 Accept Grant/Amend Budget Homeland Security Grant Program Sheriff's Department WHEREAS, the County of Cortland Sheriff’s Department has been awarded $27,352 from the WM2010 SLETPP (Law Enforcement Terrorism Prevention Program), 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 $27,352, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Increase: Revenue: A311043-43389 Weapons of Mass Destruction $27,352.00 Expense: A31105-52012-3113 Technical Equipment $27,352.00 , AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature, upon approval by the County Attorney, is hereby authorized to enter into an agreement with The New York State Division of Homeland Security and Emergency Services Office of Counter Terrorism for the term of August 1st 2011 to July 31st 2013, whereby in consideration of the total sum $27,352 to the Cortland County Sheriff’s Department as set forth in said contract. Agenda Item No. 27 – Amend Budget/Authorize Payment/Establish Account – Gilberti Stinziano Heintz & Smith On motion of Ms. Arnold. Seconded by Mr. Cornell. Mr. Murphy explained that not only is this resolution authorizing payment, but establishing an account for this and all future payments attributed to the Interoperable Communications Project. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 142-11 Amend Budget/Authorize Payment/Establish Account Gilberti Stinziano Heintz & Smith Emergency Interoperable Communications System WHEREAS the firm of Gilberti Stinziano Heintz & Smith provided guidance during the initial phase of the Emergency Interoperable Communications System in relation to the SEQR process, AND 121 ---PAGE BREAK--- WHEREAS Res. No. 37-11 authorized an agreement with Trespasz and Marquardt as Bond Counsel for a cost not to exceed $30,000; Res. No. 36-11 authorized an agreement with Pat Snyder for assistance with the SEQR process with a cost not to exceed $10,000; and Res. No. 79-11 authorized an agreement with Ken Teter for environmental engineering services, with a cost not to exceed $25,000, NOW THEREFORE BE IT RESOLVED, that the County Treasurer issue payment to Gilberti Stinziano Heintz & Smith, 555 E. Geneseee Street, Syracuse, NY 13202, for services rendered, in the amount of $8,500.00, AND BE IT FURTHER RESOLVED that the 2011 budget be amended so that all the above costs be initially paid out of the same project account, with the intent to wrap these and other EICS costs into a bond once issued, AND BE IT FURHTER RESOLVED that the 2011 Budget be amended as follows: Increase: H16815 54055 1682 $130,000.00 Agenda Item No. 28 – Authorize Agreement – Cortland County Chamber of Commerce On motion of Ms. Arnold. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 143-11 Authorize Agreement Cortland County 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 2011 to be used for the July 3 Fireworks Show, AND BE IT FURTHER RESOLVED, that said agreement shall provide that the Chamber of Commerce utilize the proceeds of these funds to support various community events, programs and projects, including but not limited to: annual Fourth of July fireworks show, tourism programs, downtown management, downtown music, gateway maintenance and the sports council. Agenda Item No. 29 – Retirement Reserve – Amend Resolution No. 411-04 – County Administrator On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 29 became: 122 ---PAGE BREAK--- ON MOTION OF MS. ARNOLD RESOLUTION NO. 144-11 Retirement Reserve Amend Resolution 411-04 County Administrator WHEREAS the Retirement Contribution Reserve was established by Resolution No. 411-04 to assist in stabilizing the amount needed to budget each year for the County’s annual retirement payment, AND WHEREAS there are occasionally balances left in a number of departments due to retirement incentives available to employees, NOW THEREFORE BE IT RESOLVED that annually, any balances left in retirement (58020) expenditures lines at year-end be moved to the Retirement Contribution Reserve (382700), AND BE IT FURTHER RESOLVED that the adjustments be made by the Treasurer to the books for 2010. Agenda Item No. 30 – Authorize Auctioneer for Sale of County Properties/County Treasurer On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 145-11 Authorize Auctioneer for Sale of County Properties County Treasurer WHEREAS the Treasurer’s Office of Cortland County advertised and received proposals for the auction of In Rem Tax Foreclosure: Index 09-631, AND WHEREAS the Treasurers Office has received proposals from the following New York State licensed auctioneers: AUCTIONS INTERNATIONAL, INC 808 Borden Road Buffalo, NY 14227 MANASSE and SONS AUCTIONEERS 2924 US Route 11 Whitney Point, NY 13862 Haroff Auction and Realty, Inc. 100 Pine Land Schroon Lake, NY 12870 , NOW THEREFORE BE IT . RESOLVED that the Chairman of the County Legislator, upon review and approval of the County Attorney, is hereby authorized to execute a Contract with Haroff Auction and Realty, Inc., located at 100 Pine Land, PO Box 71, Schroon Lake, New York 12870, for the 2009 foreclosed properties. 123 ---PAGE BREAK--- Agenda Item No. 31 – Authorize Apportionment of Mortgage Tax Monies (Treasurer) On motion of Ms. Arnold. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 146-11 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, 2010 - March 31, 2011 Cortlandville Village of McGraw 0.023015669 $ 1,663.69 Village of Homer 0.00372079 $ 268.96 Town of Cortlandville 0.973263541 $ 70,352.49 $ 72,285.14 Homer Village of Homer 0.216502477 $ 10,020.64 Town of Homer 0.783497523 $ 36,263.56 $ 46,284.20 Marathon Village of Marathon 0.186493643 $ 1,289.14 Town of Marathon 0.813506357 $ 5,623.39 $ 6,912.53 Agenda Item No. 32 – Amend Budget/Sales Tax – Treasurer’s Office On motion of Ms. Arnold. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 147-11 Amend Budget Sales Tax Treasurer’s Office 124 ---PAGE BREAK--- WHEREAS, the 2010 Budget allowed for sales tax payments to other municipalities based on projected sales tax receipts for 2010, AND WHEREAS, the sales tax received was above the projection, NOW THEREFORE BE IT RESOLVED, that the 2010 Budget be amended as follows: Increase Revenue A132541 41110 Sales Tax $ 1,620,209.21 Expense A19855 54101 $ 1,620,209.21 Agenda Item No. 33 – Amend 2010 Budget – Budget Transfers for Negative Balances – County Administrator/County Treasurer On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS ARNOLD RESOLUTION NO. 148-11 Amend 2010 Budget Budget Transfers for Negative Balances County Administrator/County Treasurer WHEREAS there are appropriation lines that have negative balances at year end 2010, NOW THEREFORE BE IT RESOLVED that the attached budget transfers be made by the County Administrator and/or the County Treasurer so that the final 2010 annual reports can be completed and Fund Balances can be determined. Agenda Item No. 34 – Authorize Agreements/Amend 2011 Budget – Denkenberger & Greene On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 149-11 Authorize Agreement/Amend 2011 Budget Denkenberger & Greene WHEREAS, the Cortland County Legislature wishes to survey and evaluate the use of the Cortland County Linear Park (formerly the Lehigh Valley Railroad Bed) in Cortlandville, which is currently maintained by Lime Hollow Nature Center, 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 Denkenberger & Greene, 43 Port Watson Street, Cortland, NY 13045, with a cost not to exceed $1,500, for a survey of the County property known as the Cortland County Linear Park, AND BE IT FURTHER RESOLVED, that the 2011 budget be amended as follows: Decrease: 125 ---PAGE BREAK--- A19905 54775 Contingency $1500.00 Increase A95225 54995 Inter-Fund Transfer Exp $1500.00 D50205 54055 Professional Services $1500.00 D501048 45031 Inter-Fund Transfer Rev $1500.00 Agenda Item No. 35 – County Treasurer – Reallocate Salary Grade – Management Compensation Plan Ms. Arnold stated that agenda items 35 and 36 were not on legislators desks within the timeframe stated in the Rules of Order. She asked that the resolutions be pulled and a special meeting be called. Mr. Williams agreed and pulled the resolutions from consideration. He called for a Special Meeting of the Legislature May 31, 2011 at 5 p.m. Announcements The Clerk announced that the County Veteran’s Office will hold a celebration and memorial service at Monument Park in honor of Memorial Day. Adjournment Ms. Gofkowski made a motion to adjourn. Seconded by Mr. Park. All members voting in favor. The meeting was adjourned. Cortland County Legislature May 31, 2011 6:00 P.M. – SPECIAL MEETING Minutes Order of Business Chairman Williams opened the Special Meeting at 6:00 p.m., followed by the Salute to the Flag. The Legislature sat for a moment of silence to remember former Legislator Fred Compagni who recently passed away. The Clerk of the Legislature took roll call. All members were present, except Mr. Cornell, and Mr. Waldbauer. (Ms. Gofkowski arrived late). Privilege of the Floor Ms. Sharon Stevens of Cortland spoke in favor of Agenda Item No. 1 and the restructuring of the County Treasurer’s Office. Ms. Sue Morgan of Cortland spoke in opposition to Agenda Item No. 1. She said additional research needs to be done regarding other options at the Treasurer’s department, and potential costs and impacts to this and other departments. Ms. Morgan’s five-minute time limit expired. Ms. Arnold made a motion to allow Ms. Morgan an extended privilege of the floor. Seconded by Mr. Wilcox. All members voting in favor; none opposed. The motion was approved. 126 ---PAGE BREAK--- Receive & File Ms. Price made a motion to Receive & File Susan Morgan’s written statement regarding the Treasurer’s Office restructuring. Seconded by Mr. Parker. All members voting in favor; none opposed. New Business Mr. Park made a motion to go into Executive Session to discuss a particular personnel issue in the County Treasurer’s department. Seconded by Ms. Gofkowski. Ms. Briggs said there is no reason to discuss an individual’s employment, and asked for Mr. Purser’s opinion. Mr. Purser said he is aware of the issue that is proposed to be discussed, and that the employee in question is entitled to an Executive Session and the Legislature is within its right to hold one. Chairman Williams called for a roll-call vote. (see attached) The motion failed with a weighted vote of 22,367. Mr. Williams called upon Mr. Rick McNeilly, the County’s independent auditor for the last 11 years. He said over that time the Treasurer’s Office has faced a variety of issues, including the timeliness of filing certain reports. He suggested that Ms. Kennedy be designated as fiscal manager, or another title, to oversee any type of fiscal department that is created. Mr. McNeilly said he has a concern about putting the fiscal integrity of the County under the County Administrator, but those concerns would be mitigated by having Ms. Kennedy acting as a fiscal manager. He said the buffer created between the fiscal office and the legislature and the Administrator, by having an elected County Treasurer oversee the fiscal operations has not served the County well. He said having a fiscal manager reporting to someone other than the elected County Treasurer is a good idea. Ms. Gofkowski said as the Legislature is discussing the employment of specific personnel, she made a motion to go into executive session. Seconded by Mr. Pace. Chairman Williams called for a roll call vote. (see attached). The motion failed with a weighted vote of 22,367. Ms. Briggs asked if this discussion should be held in executive session. Mr. Purser said yes, and that he has already given his opinion on this. Ms. Briggs said she does want to discuss this in a public forum. Ms. Arnold clarified that the Treasurer’s Office staff reports to the Treasurer, who in turn has no jurisdictional responsibility to report to the Legislature. Rather the Treasurer reports to the electorate, so there is little oversight the Legislature can provide. Mr. Parker asked if the resolutions to be considered take away any of the responsibilities of the Treasurer that are required by law. Mr. Purser answered “No.” Mr. Hartnett asked if the Legislature is allowed to set the time requirements for the office of Treasurer. Mr. Purser said no, but it is permitted to set the salary. Ms. Briggs said she would like an opinion from the Attorney General’s office on if this process is legal or not, and said the only way to achieve that is through a request from the County Attorney. She said she does not feel comfortable assigning additional duties and oversight responsibilities to the County Administrator without additional compensation and or support staff. Mr. Troy said NYS Law states the Treasurer’s Office must be open certain hours. In addition the department would need a delinquent tax receiver, and someone to handle the collection and disbursement of state funds. Considering this he feels this will require additional costs and staffing if positions are moved out of the department. Mr. Williams said if the Legislature is more comfortable making this a short-term move, then amend the resolution to be effective immediately, through November 30, 2011, to allow the County Administrator the resources he needs to accurately assemble a proposed budget. Ms. Arnold made a motion to amend Agenda Item No. 1 to be effective immediately and to sunset six months later on Nov. 30, 2011. Seconded by Ms. Gofkowski. Chairman Williams called for a roll call vote on the amendment. (see attached) Motion failed with a weighted vote of 21,791. Agenda Item No. 1 - A Resolution to Transfer Duties and Responsibilities to the Office of County Administrator / Budget Officer 127 ---PAGE BREAK--- On motion of Mr. Williams. Seconded by Mr. Park. Chairman Williams called for a roll call vote. (see attached). The motion failed with a weighted vote of 16,702. Ms. Gofkowski said in light of this vote, she would like to see a local law passed, and a referendum given to the public to abolish the Treasurer position and create an appointed Comptroller’s position. Mr. Purser said this could not be implemented until after the following term of the Treasurer. Agenda Item No. 2 - County Treasurer - Reallocate Salary Grade (Management Compensation Plan) Mr. Williams pulled the resolution from consideration. Adjournment Ms. Gofkowski made a motion to adjourn. Seconded by Ms. Briggs. All members voting in favor. The meeting was adjourned. Mr. Park's motion to go into Executive Session Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 22367 Majority 24300 2/3rd 32400 Ms. Gofkowski's motion to go into Executive Session Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 128 ---PAGE BREAK--- Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 22367 Majority 24300 2/3rd 32400 Ms. Arnold's motion to Amend Agenda Item No. 1 to a six-month sunsetted term. Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 21791 Majority 24300 2/3rd 32400 129 ---PAGE BREAK--- Agenda Item No. 1 - A Resolution to Transfer Duties and Responsibilities to the Office of County Administrator / Budget Officer Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 0 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 16702 Majority 24300 2/3rd 32400 Cortland County Legislature June 23, 2011 6:00 P.M. Minutes Public Hearing Chairman Williams opened the Public Hearing on the Tompkins Cortland Community College 2011-2012 Operating Budget. As no one wished to speak, he closed the Public Hearing. Order of Business Chairman Williams opened the meeting at 6:03 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 May 26, 2011 Regular Meeting. Seconded by Ms. Cobb. All members voting in favor; none opposed. The minutes were approved as printed. 130 ---PAGE BREAK--- Chairman Williams moved Agenda Item No. 27 to the beginning of the Agenda. Agenda Item No. 27 – Adopt 2011-2012 Tompkins Cortland Community College Operating Budget On motion of Ms. Arnold. Seconded by Mr. Cornell. TC3 President Carl Haynes said he is proud to announce that this budget calls for no sponsor share increase for Cortland County. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 150-11 Adopt 2011-2012 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, 2011 through August 31, 2012, AND WHEREAS, a public hearing on said budget has been held on June 23, 2011, pursuant to notice duly published, NOW THEREFORE BE IT RESOLVED, that said operating budget in the amount of $35,906,257 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 2012 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 $1,574,319 as Cortland County’s share of the total Sponsoring Community Contribution of $4,254,915, AND BE IT FURTHER RESOLVED, that this resolution shall become effective upon adoption of a concurrent resolution by the Tompkins County Legislature. Privilege of the Floor Mr. Dan Young, Central New York Regional Representative from Gov. Cuomo’s office introduced himself to the Legislature. He said the potential Property Tax Cap, Rent Control and other issues will be forthcoming very soon and his job as Regional Representative is to keep the Legislature informed of happening in Albany. Mr. Durland H. Siglin of Nedrow spoke in opposition to Agenda Item No. 14, saying that expansion of the landfill will cause environmental problems. Ms. Lee Miller of McGraw spoke in opposition to Agenda Item No. 14. She spoke about the State Environmental Quality Review Act, and explained the process a municipality must go through if the potential exists for an environmental impact. Mr. Ron Rocco of Cortlandville spoke in opposition to Agenda Item No. 14. He said expansion of the landfill will cause odor problems in surrounding areas. Mr. Rocco said he has written and was expecting the Attorney General to be at this meeting, and that the legislature should seek more legal counsel from the County Attorney. Mr. Michael of Cortlandville spoke regarding Agenda Item No. 14. He said entering into an agreement with EnSol now is premature, and contrary to the recommendation of the County Attorney. He asked why the County is allowing haulers to take trash out of the County, with a deficit at the landfill and not obtaining the permitted tonnage. 131 ---PAGE BREAK--- Mr. Robert Ferris of Cortland spoke in opposition to Agenda Item No. 14. He said a contract with EnSol is premature and not a proper business procedure, and that other options should be explored. He added that EnSol has a conflict in this matter, as they are asking for a contract, based upon information provided by a study they did. Receive & File Ms. Price made a motion to Receive & File Robert Howe’s Election Commissioner Certification, the 2010 Annual Reports for the Area Agency on Aging and the Sheriff’s Department, and Chairman Williams’ 2011 State of the County Address. Seconded by Mr. Parker. All members voting in favor; none opposed. New Business Agenda Item No. 1 – Appoint Republican Election Commissioner On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 151-11 Appoint Republican Election Commissioner WHEREAS, The term of Robert Howe, duly appointed Cortland County Republican Election Commissioner expires December 31, 2011, 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, 2012 through Dec. 31, 2013. Agenda Item No. 2 – Appoint/Re-Appoint Cayuga/Cortland Workforce Investment Board On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 152-11 Appoint/Re-appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board WHEREAS, pursuant to Section 117 of the Workforce Investment Act of 1998, the Governor of the State of New York has authorized and directed the chief Local Elected Officials of the Cortland and Cayuga Counties, which have been designated as a Workforce Area, to appoint members to the Workforce Investment Board for said Area, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below: Cortland New Appointments Name Address Sector Term 132 ---PAGE BREAK--- John Hughes Locke, NY Private Sector 7/1/11-6/30/14 Brian Noteboom Newfield, NY Organized Labor 7/1/11-6/30/14 Jodie Wainwright Cortland, NY Private Sector 7/1/11-6/30/14 Cortland Re-appointments Name Address Sector Term Thomas Brown Cortland, NY Private Sector 7/1/011-6/30/14 Carl Haynes Groton, NY Carl D. Perkins Vocational, 7/1/011-6/30/14 & Applied Technology Education Act Regional Re-appointments Name Address Sector Term Dennis Donahue Union Springs, NY Wagner-Peyser, 7/1/11-6/30/14 Veterans E&T Service, Unemployment Insurance Agenda Item No. 3 – Re-Appoint Members – Cortland County Planning Board On motion of Mr. Williams. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 153-11 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 Paul Dries, David Miller and Ann Swisher on the Cortland County Planning Board will expire June 30, 2011, AND WHEREAS, the above named members have expressed an interest in continuing their service to Cortland County and the Planning Board, NOW THEREFORE BE IT RESOLVED, that Paul Dries (1656 Lighthouse Hill Road, Homer) , David Miller (4980 Foster Road, Cortland) and Ann Swisher (PO Box 1006, McGraw) are hereby re-appointed to the Cortland County Planning Board for a four year term, effective July 1, 2011 through June 30, 2015. Agenda Item No. 4 – Appoint Member Mental Health and Chemical Dependency Sub-Committees (Community Services Board) On motion of Mr. Williams. Seconded by Mr. Parker. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 154-11 Appoint Member 133 ---PAGE BREAK--- Mental Health and Chemical Dependency Subcommittee Community Services Board WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as nine members, AND WHEREAS, a vacancies exist due to the resignation of Judie Murphy from the Chemical Dependency Sub-Committee, and Diann Potter from the Mental Health Sub-Committee, AND WHEREAS, the Cortland County Mental Health Subcommittee and the Chemical Dependency Subcommittee members are appointed through the Cortland County Legislature, NOW THEREFORE BE IT RESOLVED, that the following person is hereby appointed to serve as follows: NAME/ADDRESS TERM Mary McGory 12/31/13 17 Hamlin Street Cortland, New York Agenda Item No. 5 – Authorize Agreement – Treborn Company, Inc. On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR WILLCOX RESOLUTION NO. 155-11 Authorize Agreement Information Technology (Treborn Company, Inc.) WHEREAS, Cortland County has a subscription for services with Sophos for anti virus software used in various County Departments which is due to expire on May 25th 2011 AND WHEREAS, a Subscription Plan renewal has been received from Treborn Company, Inc. for Sophos anti-virus software for Cortland County as follows: Terms: 36 months Payments: 5/26/2011 thru 5/25/2012 - $4,866.00/year 5/26/2012 thru 5/25/2013 - $3,534.50/year 5/26/2013 thru 5/25/2014 - $3,534.50/year Total Contract Price: $11,935.00 to be paid out of account #A16805-54040. , NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the amendment on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 6 – Resolution Appointing Coroner’s Physician On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 6 became: 134 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 156-11 Resolution Appointing Coroner’s Physician WHEREAS, Section 400 of the County Law requires that a county in which any Coroner is not a physician, appoint a Coroner’s Physician, and WHEREAS, Carrie Klotz, MD has agreed to serve that role for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby appoints Carrie Klotz, MD, as Coroners Physician for a term to expire December 31, 2011, AND BE IT FURTHER RESOLVED, that the Coroner’s Physician shall, by virtue of the office, be a Deputy Coroner and shall possess the powers and perform the duties of the Coroner during the absence or inability of the Coroner to act, or in the event of a vacancy in the Office of the Coroner. Agenda Item No. 7 – Appoint Coroner’s Physician/Authorize Agreement – Emergency Medical Physicians (County Coroners) On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PARK RESOLUTION NO. 157-11 Appoint Coroner’s Physician Authorize Agreement – Emergency Medical Physicians County Coroners WHEREAS, the Coroner’s Office makes inquires into all deaths, whether natural or unnatural, in Cortland County, AND WHEREAS, a Coroner’s Physician is required to sign a death certificate, or it is necessary to have an autopsy done on any death in which a certificate has not been signed, AND WHEREAS, Resolution No. 156-11 appointed Carrie Klotz, MD, as Coroner’s Physician, AND WHEREAS, it is the wish of the County Coroner’s Office and the Judiciary & Public Safety Committee to authorize Emergency Medical Physicians to sign death certificates, for a fee not to exceed $125.00 per signature, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature of the County of Cortland, upon review by the County Attorney, is hereby directed to enter into an agreement with Emergency Medical Physicians, 134 Homer Avenue, Cortland, New York, for the purpose of signing death certificates in the absence of the duly appointed Coroner’s Physician. Agenda Item No. 8 – Rental Contract/Highway Department On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor, except Mr. Ross, Mr. Spaulding, and Mr. Willcox, who were opposed. Agenda Item No. 8 became: 135 ---PAGE BREAK--- ON MOTION OF MR. FULLER RESOLUTION NO. 158-11 Rental Contract/Highway Department WHEREAS, there is a need to store County Highway Construction Equipment for the winter season, AND WHEREAS, the Cortland County Fairgrounds currently has buildings with adequate space available, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon approval by the County Attorney, is hereby authorized and directed to execute a rental contract for the 2011-2012 winter season with the Cortland County Agricultural Corporation for a fee of $2,650.00, to be charged to account E51305.54015 – Building Maintenance/Contracts. Agenda Item No. 9 – Authorize Agreement/NYS Department of Environmental Conservation On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed, Agenda Item No. became: ON MOTION OF MR. FULLER RESOLUTION NO. 159-11 Authorize Agreement New York State Department of Environmental Conservation Highway Department WHEREAS, the County Highway Superintendent recommends entering into an Memorandum of Understanding Agreement (MOU) with the New York State Department of Environmental Conservation, AND WHEREAS, the Memorandum of Understanding provides for a general permit for highway related work projects and maintenance for the time period of April 1, 2011 to April 1, 2013, AND WHEREAS, the purpose of the Memorandum of Understanding (MOU) is to protect natural resources of New York State and to minimize the paperwork required by Cortland County to complete necessary public works projects, subject to provisions of Articles 15 and 24 of the NYS Environmental Conservation Law, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute the Memorandum of Understanding Agreement with the New York State Department of Environmental Conservation. Agenda Item No. 10 – Authorize Gravel Mine Agreement – Highway Department On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 160-11 Authorize Gravel Mine Agreement – Highway Department WHEREAS, the County Highway Superintendent has determined that operating a gravel mine for County Highway is in the best interest of the County, AND 136 ---PAGE BREAK--- WHEREAS, the County Highway Superintendent has located a viable location for a gravel mine to serve the needs of the County Highway Department, AND WHEREAS, the County Highway Superintendent has negotiated an agreement with a private property owner to mine for gravel for a period of 5 years, with an additional 5 year optional agreement extension at a rate of $2.00 per cubic yard, with an automatic price escalation of 3% per year, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from various County Highway Department Materials and Supplies accounts for the materials mined by the County Highway Department under said mine agreement, AND BE IT FURTHER RESOLVED, that the authorization for the Chairman of the Legislature to execute the mine agreement is contingent upon Cortland County obtaining a NYSDEC mining permit, 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 Daryl and Melinda Cross for a gravel mine agreement pertaining to tax map # 162.00-02-19.00 in the Town of Harford. Agenda Item No. 11 – Transfer Ownership of Vehicle – Highway Department/Soil & Water On motion of Mr. Fuller. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 161-11 Transfer Ownership of Vehicle – Highway Department WHEREAS, the Cortland County Mental Health Department has a surplus vehicle, AND WHEREAS, the Cortland County Soil and Water Conservation District has expressed a need for a replacement vehicle, AND WHEREAS, the County Highway Department has estimated the value of a 2002 Chevrolet Cavalier, with vehicle identification number of 1G1JCS24227354940 at $2,375.00, AND WHEREAS, the transfer of ownership of said vehicles in the will be in the best interest of the County NOW THEREFORE BE IT RESOLVED, that the ownership of the 2002 Chevrolet Cavalier is hereby transferred from Cortland County to the Cortland County Soil and Water Conservation District, AND BE IT FURTHER RESOLVED, that the proceeds from said transfer of ownership shall be deposited in account #E513042.42665. Agenda Item No. 12 – Authorize Transfer of Right-of-Way/Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 162-11 137 ---PAGE BREAK--- Authorize Transfer of Right-of-Way Highway Department WHEREAS, the County of Cortland purchased right of way in fee for the Bennett Street Bridge replacement project within the Town of Cortlandville for the purpose of constructing a new road and bridge in the year 1999, AND WHEREAS, said new road is now known as Elm Street Extension and is a Town Highway under the jurisdiction of the Town of Cortlandville, AND WHEREAS, the County Highway Superintendent has recommended the transfer of right-of-way purchased for said project to be conveyed to the Town of Cortlandville, AND WHEREAS, the Town of Cortlandville approved acceptance of said transfer of right-of-way by Town Board Resolution adopted May 4, 2011, NOW THEREFORE BE IT RESOLVED, that the County Attorney shall prepare and file the necessary documents to transfer said right-of-way, 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 any and all documents required to transfer said right-of- way. Agenda Item No. 13 – Award Highway Department Services and Materials On motion of Mr. Fuller. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 163-11 Award Highway Department Services and Materials – Highway Department WHEREAS, the Highway Superintendent will be required to procure various services and materials for construction and maintenance projects, AND WHEREAS, the Highway Superintendent will obtain quotes for the various services and materials for the projects, AND WHEREAS, the Highway Superintendent will purchase the necessary services and materials in a manner that will be in the best interest of the County, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from various Materials and Supplies accounts for construction and maintenance projects, 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 all necessary agreements with a maximum not to exceed the amount $25,000 ending 12/31/2011 Agenda Item No. 14 – Accept Proposal/Authorize Agreement – Marketing and Operations Consultant/EnSol Incorporated 138 ---PAGE BREAK--- On motion of Mr. Fuller. Seconded by Mr. Bushnell. Mr. Murphy said this proposal will not modify the existing landfill permit or expand the landfill. He said the proposal does offer that service and at a very competitive rate, should the legislature choose to modify the permit in the future. He said the primary focus on this proposal should be the acceptance of Beneficial Use material for cover. Mr. Troy said this proposal is contingent upon adopting a new Solid Waste Law, and approving a contract prior to that law is premature. Ms. Price recommended a special committee to further review all options, such as improvements at the recycling center and to develop a list of potential BUD material acceptable to the legislature. Mr. Hartnett said he would like to explore thermal gasification of solid waste prior to contracting with EnSol or another firm. Ms. Gofkowski made a motion to amend the resolution to only accept the BUD and Marketing portion of the proposal, and eliminating the leasing and operational guidance portions of the proposal/resolution. Mr. Murphy said the County does not have someone on staff that can provide the necessary oversight for the acceptance and management of BUD materials. Ms. Gofkowski withdrew her motion. Ms. Arnold said the EnSol proposal states that the DEC permit would have to be modified even to simply accept BUD material, as most of that would be coming from out of the County. Ms. Briggs said the outcome of negotiations with Casella regarding their proposal. Mr. Pace said he has reviewed this proposal and the draft solid waste law to the Board of Health for their review. Mr. Ross said the County has 540 acres at the landfill, and only 31 acres are being used, including the capped area. He said if the County receives under 100 tons of solid waste per day, the required six inches of cover is filling the landfill with more cover than trash, which is a waste of space, as well as money, as it costs nearly $80,000 per year to mine the shale that is used as cover. Chairman Williams said this resolution is simply accepting the proposal, but not executing a contract, and asked for Mr. Purser’s opinion. Mr. Purser said there is not enough concrete information within the resolution to justify a valid contract. Chairman Williams called for a roll call vote (see attached). The motion failed with a weighted vote of 12,412. Agenda Item No. 15 – Authorize Agreements/Accept Funds – Health Department/Drinking Water Program On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor or the resolution; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PACE RESOLUTION NO. 164-11 Authorize Agreements/Accept Funds Health Dept./Environmental Health Drinking Water Program WHEREAS, funds are available from the New York State Dept. of Health in the amount of $100,180 for the period April 1, 2011 through March 31, 2012 to continue to support the Cortland County Health Dept. in providing drinking water supply protection services, AND WHEREAS, these funds are already in the 2011 County Budget in accounts A40125.51005 $62,376 (Personnel), A40125.58020-58060 $29,509 (Fringe), A40125.54000-54500.4021 $8,295 (Contractual), and A401243.43450.4021 $100,108 (Drinking Water Revenue), 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 with the NYS Health Dept. to accept these funds. Agenda Item No. 16 – Authorize Contract/Cortland County Clerk – Department Shredding On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 16 became: 139 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 165-11 Authorize Contract Cortland County Clerk/RMO County Department Shredding WHEREAS, the County Clerk as Record Management Officer requested proposals for shredding services for all departments for the County offices of Cortland County, and WHEREAS, the proposals submitted were as follows for annual shredding: Confidata: $8,680.00 ProShredd $6,596.00 Shed-It $2,780.00 CINTAS $1,450.00 , NOW THERFORE, BE IT RESOLVED, that the Chairman of the Legislature upon review and approval of the County Attorney, is hereby authorized to sign and enter into an agreement on behalf of the County, with CINTAS for shredding services for all county departments for the period of one year commencing July 01, 2011 and ending June 30, 2011. Agenda Item No. 17 – Authorize Agreement – NYS Department of Taxation and Finance On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR PACE RESOLUTION NO. 166-11 Authorize Agreement NYS Department of Taxation and Finance PIOLT Program for Digital Real Property Transfer Report WHEREAS, in accordance with NYS Real Property Law, a transfer report is required to be submitted with all conveyances that are recorded at the Cortland County Clerk’s Office, and WHEREAS, this form is used for submission of information of the transfer to the County Real Property Tax Services and the NYS Office of Real Property Tax Services, and WHEREAS, the submission of this form in digital format will save both time and money, NOW THEREFORE BE IT RESOLVED, that the County Chairman, upon approval of the County Attorney, be authorized to sign the agreement between Cortland County and the NYS Department of Taxation and Finance to participate in a PILOT program to accept digitally the Real Property Transfer Report. Agenda Item No. 18 – Upgrade Maintenance Agreement/PlastiCard Systems – County Clerk On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said this machine prints the Veteran’s discount cards, and added that there has been very little interest from local businesses to participate. He encouraged businesses to contact the County Clerk to get involved with this program. All members voting in favor; none opposed. Agenda Item No. 18 became: 140 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 167-11 Upgrade Maintenance Agreement County Clerk PlastiCard Systems WHEREAS, the Cortland County Clerk’s Office currently has a standard maintenance agreement with PlastiCard Systems to maintain the working condition of the Gunkeeper printer which not only prints cards for original pistol permits and all amendments to pistol permits but is also used to print the Return the Favor Veteran’s ID cards, and WHEREAS, it is imperative that the county clerk’s office have a printer in working condition at all times to update pistol permits, and WHEREAS, the current contract with PlastiCard will cover the maintenance of the 5 year old printer but not a loan printer while the original printer is being prepared, NOW THEREFORE, BE IT RESOLVED, that the current maintenance contract be upgraded from a standard contract to a premium contract which will allow for a “loaned printer” for the additional fee of $160.00 until the end of the contract date of 09/01/2011. Agenda Item No. 19 – Cortland County Smoking and Tobacco Use Policy On motion of Mr. Pace. Seconded by Ms. Cobb. Mr. Pace said this will create a 50-foot “barrier” around the exterior of County Buildings, prohibiting smoking in that area. Mr. Cornell asked about a cost of a new outdoor smoking structure. Chairman Williams said the estimated cost is about $1,000. All members voting in favor, except Mr. Cornell, Mr. Willcox and Mr. Spaulding, who were opposed. The motion was approved and Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 168-11 Cortland County Smoking and Tobacco Use Policy WHEREAS, Smoking Policy Resolution 74-90 and 572-93 were adopted pursuant to Public Health Law, AND WHEREAS, it is the County’s goal to promote the health and welfare of County Employees and the general public, AND WHEREAS, smoking and passive smoke inhalation and tobacco use have been found to be a major cause of preventable disease, AND WHEREAS, that effective April 1, 1994, all Cortland County Buildings and designated vehicles (owned or leased) will be tobacco smoke free and tobacco use free, NOW THEREFORE BE IT RESOLVED, that effective August 1, 2011, smoking tobacco products will be prohibited within a fifty foot radius of all County-owned buildings with exceptions noted in the policy. Signage indicating tobacco free areas will be displayed and this resolution will be posted in all County-owned buildings, AND BE IT FURTHER RESOLVED, that informational and educational programs will be offered by the County Health Department to assist in tobacco cessation, AND BE IT FURTHER 141 ---PAGE BREAK--- RESOLVED, that all employees will be responsible for ongoing compliance with this policy. Cortland County Smoking Policy Purpose: The purpose of this policy is to protect the health of Cortland County employees and the general public by eliminating exposure to tobacco smoke on Cortland County-owned property. The Environmental Protection Agency (EPA) classified secondhand smoke as a Group A carcinogen, that is, a substance known to cause cancer in humans. The EPA recognizes no safe level of exposure for Group A carcinogens. Due to the acknowledged hazards arising from exposure to secondhand smoke, it shall be our policy to provide a smoke-free area around every County-owned building. This policy covers the smoking of any tobacco product and applies to both employees and non-employee visitors. Policy: Smoking shall mean inhaling of, exhaling, or burning any type of matter or substance that contains tobacco, including, but not limited to cigars, cigarettes, or pipes. Effective April 1, 1994, all Cortland County owned buildings and vehicles (owned or leased) became tobacco smoke free and tobacco use free. Effective August 1, 2011, smoking will be prohibited within a fifty-foot radius of all County-owned buildings with the following exceptions: ▪ the smoking structure within the outdoor courtyard area at 60 Central Avenue until a new smoking structure is completed ▪ Horizon House ▪ Public Safety Building stairwell ▪ all Sheriff Department employees must adhere to the Sheriff’s Smoking and Tobacco Use Policy Procedure: Employees will be informed of this policy through signage throughout County property. Additionally, the policy will be disseminated to newly-hired employees at orientation. Visitors will be informed of this policy through signage. Every effort will be made to communicate this policy with employees and visitors. All employees will be responsible for ongoing compliance with this policy. Everyone has the responsibility to inform any individual who is smoking in any area where smoking is prohibited that the individual is in violation of the smoking restrictions. Employees who smoke in non-smoking areas are in violation of New York State law and/or County policy and may be subject to appropriate disciplinary procedures. Smoking Cessation Opportunities: Smoking cessation is a personal choice. It is Cortland County policy to encourage and assist employees in quitting smoking. Information is available from the Cortland County Health Department. Agenda Item No. 20 – Accept Bids/Authorize Purchase – Miscellaneous Groceries/Frozen Foods 142 ---PAGE BREAK--- On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MS. PRICE RESOLUTION NO. 169-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on May 26, 2011 for the period July 1, 2011 through September 30, 2011 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 13748 Quandt’s, PO Box 700, Amsterdam, NY 12010 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, 2011 through September 30, 2011. Agenda Item No. 21 – Accept Bids/Authorize Purchase – Paper Goods and Maintenance Supplies On motion of Ms. Price. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MS. PRICE RESOLUTION NO. 170-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on May 26, 2011 for July 1, 2011 through December 31, 2011 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 bidder, AND WHEREAS, the following bids were received: Eastern Maintenance & Supply, 107 Norris Dr., Suite G, Rochester, NY 14610 143 ---PAGE BREAK--- Maines Paper & Food Serv., PO Box 450, 101 Broome Corp Pkwy, Conklin, NY 13748 Oliver Products Co., 445 Sixth St. NW, Grand Rapids, MI 49504 Quandt’s, PO Box 700, Amsterdam, NY 12010 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, 2011 through December 31, 2011. Agenda Item No. 22 – Accept Bids/Authorize Purchase – Milk and Dairy Products On motion of Ms. Price. Seconded by Mr. Hartnett. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MS. PRICE RESOLUTION NO. 171-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products WHEREAS, bids were received on May 26, 2011 for July 1, 2011 through June 30, 2012 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: Hood-Crowley, 93 Ave., Binghamton, NY 13903 ($35,388.00) John R. Sears, DBA Bill Bros. Dairy, 219 Port Watson St., Cortland, NY 13045 ($35,895.00) Upstate Milk Cooperative, 25 Anderson Rd., Buffalo, NY 14225 ($35,105.80) , 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, 2011 through June 30, 2012. Agenda Item No. 23 – Amend Budget – Social Services (Transfer MMIS) On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MS. PRICE RESOLUTION NO. 172-11 Amend Budget 144 ---PAGE BREAK--- Department of Social Services (Transfer) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2011 Budget, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A60105.56100 Program-MMIS $89,093 Decrease: Expense: A60105.56119 Program-Child Care $89,093 Agenda Item No. 24 – Accept Donation/Amend Budget – Cortland Community Foundation On motion of Ms. Price. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MS. PRICE RESOLUTION NO. 173-11 Accept Donation/Amend Budget Youth Bureau (Cortland Community Foundation) WHEREAS, a "pass-through Donation" from Cortland Community Foundation, in the amount of $2,000.00 was awarded to the Youth Bureau to be used for the Cortland County Youth Leadership Program, NOW, THEREFORE, BE IT RESOLVED, that the County Budget be and hereby is amended as follows: Increase: Expense: A73125.54083 Supporting Services $2,000.00 Revenue: A731242.42705 Gifts & Donations $2,000.00 Agenda Item No. 25 – Resource Allocation Plan – NYS Office of Children & Family Services On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MS. PRICE RESOLUTION NO. 174-11 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau WHEREAS, the NYS Office of Children and Family Services, through the Resource Allocation Plan, has made available the sum of $86,787.00 in Youth Development/Delinquency Prevention Funds (YDDP) and Special Delinquency Prevention Program Funds (SDPP) for Cortland County, through the Youth Bureau, AND 145 ---PAGE BREAK--- WHEREAS, the County Youth Bureau has designated the funds to the various county municipalities and agencies for the year 2011 and for which a copy is in the County Youth Bureau office, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review by the County Attorney, be and hereby is authorized to execute the Resource Allocation Planning Agreement with the NY State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that in the event 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. 26 – A Resolution in Support of Veterans Enrolled in Veterans Affairs Health Care On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MS. PRICE RESOLUTION NO. 175-11 A Resolution in Support of Veterans Enrolled in Veterans Affairs Health Care WHEREAS, the United States House Budget Committee is studying a plan to save $6 billion annually in Veterans Affairs health care costs by canceling enrollment of any veteran who doesn’t have a service-related medical condition and exceeds income eligibility standards or the established geographic index, AND WHEREAS, this disenrollment includes Priority Group 8 veterans who have no service- connected disabilities and whose annual incomes or net worth exceed VA means-test thresholds and VA “geographic income” thresholds, which are set by family size, and Priority Group 7 veterans who also have no service-connected disabilities and whose incomes are above the means-test thresholds, but their incomes or net worth fall below the geographic index, AND WHEREAS, the Cortland County Legislature believes veterans should not be penalized or denied healthcare because of geographic restrictions, AND WHEREAS, some veterans have service connected disabilities rated at 0 percent who only have access to VA health care for other non-service related medical conditions as group 7 or 8 veterans, and WHEREAS, many category 7 and 8 veterans who enrolled in VA health care gave up their employer provided health insurance plans as a cost saving measure and would now be unable to get that employer provided health insurance back, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby supports the continued enrollment of said veterans in the VA Health Care Plan, and opposes any legislation that would dis-enroll any veteran who is currently receiving health care benefits from the VA, to include category 7 and 8 veterans. Agenda Item No. 28 – Designating the Budget & Finance Committee as the Audit Oversight Committee On motion of Ms. Arnold. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. ARNOLD RESOULTION NO. 176-11 146 ---PAGE BREAK--- Designating the Budget & Finance Committee as the Audit Oversight Committee (Cortland County Legislature) WHEREAS, Cortland County is required to have an annual external audit performed on its year- end financial statements, as well as other audits as dictated by New York State or this Legislature, NOW THREFORE BE IT RESOLVED, that the Budget & Finance Committee is hereby empaneled as the County Audit Committee, and shall be the jurisdictional oversight committee for the annual external audit, and any other audits, including operational, financial or other. Agenda Item No. 29 – Authorize Repayment – COPS/CSP Funding Above Threshold Amounts On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 177-11 Authorize Repayment COPS/CSP Funding Above Threshold Amounts WHEREAS, the New York State Office of Mental Health has provided supplemental Medicaid COPS (Comprehensive Outpatient Programs) and CSP (Community Support Programs) supplemental payments since 1991 for enhanced services to mentally ill adults and emotionally disturbed children, AND WHEREAS, the supplemental payments are in addition to a provider’s Medicaid rate, and serve as a deficit funding mechanism to support the provision of expanded services, AND WHEREAS, the amount of COPS and CSP reimbursement that a provider can retain in any given year is limited to a specific threshold amount, and COPS and CSP payments in excess of the threshold amounts will be recovered by New York State, AND WHEREAS, the COPS reconciliations have been calculated as required by Section 592.8 of Title 14 of the Official Compilation of Codes, Rules and Regulations of the State of New York and the CSP reconciliations have been calculated as required by Section 588.14 of Title 14 of the Official Compilation of Codes, Rules and Regulations of the State of New York, and the NYS Office of the Medicaid Inspector General has identified overpayments beyond provider threshold of $818,082.97 and $43,454.33 respectively for the three years ended December 31, 2005, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature, upon approval of the County Attorney, hereby authorizes a repayment agreement with the Office of the Medicaid Inspector General with terms for full repayment of $861,537.30 not to exceed 90 days, AND BE IT FURTHER RESOLVED, that expenditure of said funds shall be paid from the Deferred Revenue and Federal Salary Share Accounts in the amount totaling $861,537.30, and be payable to the New York State Department of Health. Agenda Item No. 30 – Amend Resolution No. 25-11 – Authorize Petty Cash Account/County Administrator On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 30 became: 147 ---PAGE BREAK--- ON MOTION OF MS. ARNOLD RESOLUTION NO. 178-11 Amend Resolution No. 25-11 Authorize Petty Cash Accounts Various Departments/County Administrator WHEREAS, it is necessary for many departments to have cash on hand for daily operations and emergency situations, AND WHERAS, the County has adopted a policy covering the Collection, Handling and Disbursement of Departmental Funds, NOW, THEREFORE BE RESOLVED, that the following departments be allocated the amounts below for petty cash accounts, and that said accounts be administered in accordance with the County’s duly adopted Collection, Handling and Disbursement of Departmental Funds Policy. PETTY CASH ACCOUNTS June 2011 Object Department $ Amount 121001 County Clerk 1,300 121002 Probation 300 121004 Sheriff 1,500 121005 Treasurer 100 121007 Mental Health 50 121008 Health Dept 45 121010 Nutrition 500 121011 Nursing 50 121015 Real Property 25 121016 District Attorney 50 121017 Planning 25 121021 Solid Waste 300 121022 Board of Elections 170 121024 Weights & Measures 250 121026 Social Services 100 121028 Env. Health 150 121035 Jacobus Center 100 121029 County Administrator 100 Agenda Item No. 31 – Create Senior Account Clerk/Audit Department On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 179-11 Create Senior Account Clerk Audit Department WHEREAS, the needs of the agency will be better served by creating one full time position of Senior Account Clerk (CSEA, Grade9, $14.4537-$17.5851/hr, competitive class) AND WHEREAS, the Budget & Finance Committee recommends the creation of this position, NOW, THEREFORE, BE IT 148 ---PAGE BREAK--- RESOLVED, that one full time position of Senior Account Clerk (CSEA, grade 9, $14.4537- $17.5851/hr.,competitive class) be and hereby is created effective on or after June 27, 2011. State of the County Address Fellow Legislators, Employees, Citizens and taxpayers: For the second time in as many years as Chairman, it is my honor and privilege to present the state of our County address. As residents of Cortland County we continue to face serious financial challenges of declining revenues, mandated and non-discretionary spending requirements, increasing health and retirement costs and the continuing damage from the overall economic downturn. These are very difficult times, but as we all know, difficult times don’t last, but good people do. I would like to take this opportunity to thank my fellow Legislators, County Department Heads and all our employees for their ongoing efforts to make Cortland County a better place. I would be remiss if I did not acknowledge the cooperation and dedication demonstrated earlier this year by all three CSEA 6550 units (Big Unit, Civilian, Corrections) in negotiating a fair and reasonable labor agreement that recognizes the financial challenges we face as a community. The proposed 2 % tax cap on property taxes is certainly welcome news. Regrettably, what state officials promised but now refuse to acknowledge is the root cause of high property taxes; state driven mandated spending that state legislators have repeatedly voted, each and every year, to impose on county governments. A tax cap, without mandate reform, is disingenuous at best, and only plays to the emotion of the public. Make no mistake about it: local property taxes will continue to increase as long as the State continues to shift the cost of State programs onto county taxpayers. In Cortland County a 2% tax cap on a $31,102,392 tax levy equals $622,048. The increase in our Medicaid payment alone to New York State in 2012 is projected at $927,676, which, in and of itself exceeds the 2% tax cap by over $300,000. The top nine mandated state programs in Cortland County and the cost to taxpayers is as follows: Medicaid $9,124,249; public assistance $1,189,546; child welfare $2,686,000; preschool special education $3,069,300; early intervention $1,101,455; probation $1,298,733; indigent defense $917,424; youth detention $182,000; pensions $2,763,446. In 2012, the increases alone in these nine mandated programs are estimated at over $2M or over three times the tax cap representing a 6.5% increase on the current tax levy. If the State took back just the expense of the Medicaid program, a 2% cap would not be necessary as we’d be looking at a 30% reduction in the tax levy. That would be true fiscal reform. Counties have virtually no say in the cost of state mandated programs, and are powerless the stem the tides of escalating costs associated with them. The state mandated programs consume 72 cents of every local tax dollar collected which in turn are sent to Albany to pay for the state’s own programs. The State increases its own spending on the backs of county taxpayers and then implements an unobtainable tax cap which local officials must exceed just to cover State spending increases, and then (State) will undoubtedly blame local officials for increasing taxes. Albany eats steak and sends us the bill. If state officials do not address the root cause of the problem of high property taxes – unfunded mandates in general, then counties will have to continue to eliminate and dismantle more and more community- based programs and services to stay under the state imposed property tax cap. These programs include critical programs for the aging, local road and bridge maintenance and repair, sheriff road patrols, and park services, to name only a few. 149 ---PAGE BREAK--- In essence, nothing can replace true fiscal reform, nor can there be any backdoor exits from responsibility. True reform is about government making tough decisions, not avoiding them. This must include the elimination of issuing increases in state mandated services without the accompanied funding, as well as the end of the practice of shifting previously state funded services to the county, and therefore our taxpayers. Without this reform, at the current trend, our taxpayers are left holding the bag, and an empty one at that, since after paying the mandated costs, there will be very little left for local services. Despite the ill-conceived actions of Albany, we in County government must not delay making difficult decisions within our authority to provide real, much needed and long overdue financial relief to our overburdened taxpayers – NOW! As the following table illustrates, the preliminary estimates for next year’s budget project an almost $4.4 million or 14% increase in the 2012 tax levy. 2011 2012 Projected % Tax Levy Increase/Loss- Increase Medicaid $9,124,249 $10,051,925 $927,676 2.99% Public Asst (FA,SN,EAA) $1,229,500 $1,708,500 $479,000 1.54% Child Welfare $2,686,000 $3,021,000 $335,000 1.08% Preschool Special Ed $3,069,300 $3,073,348 $4,048 0.01% Probation $1,298,733 $1,447,197 $148,464 0.48% Indigent Defense $1,118,620 $1,198,620 $81,689 0.26% Youth Detention (NSD) $182,000 $220,000 $38,000 0.12% Pensions $4,002,915 $4,118,166 $115,251 0.37% Salaries $25,303,212 $25,482,488 $179,276 0.58% Health Insurance $10,000,000 $10,700,000 $700,000 2.25% Telecommunications $0 $1,386,453 $1,386,453 4.46% SUBTOTAL $58,014,529 $62,407,697 $4,394,857 14.15% Solid Waste Fund -$736,635 -$661,000 -$661,000 2.13% One of the issues that we must decide, sooner rather than later, is the ongoing financial losses in the Solid Waste Fund and the future of our County Landfill. Highway Chairman Dave Fuller and his Committee solicited proposals from qualified firms to prepare a report and propose operational and developmental strategies with the goal of economic improvement. In October of last year, EnSol, Inc. delivered the Landfill Alternatives Report that concluded the County Solid Waste Fund operates at a deficit and faces unbudgeted liabilities associated with the closure and post-closure of the Landfill. The current compliment of equipment and manpower can handle far more waste disposal volume and the legislated tipping fee far exceeds local market rates and therefore does not attract adequate volume to match the operational capacity of the Landfill. The site on which the Landfill is located has adequate geology and area for expansion. The EnSol Report recommended the County accept additional waste commodities and develop a Beneficial Use Determined (BUD) commodity as a substitute for daily ground cover as well as a flexible pricing schedule based upon volume and regional location to capture a larger market share as short-term alternatives to start to reduce the current Solid Waste Fund deficiency. Implementing short-term alternatives will provide time for further discussion on the long-term alternatives while providing much needed revenue to offset our current losses. 150 ---PAGE BREAK--- EnSol’s long-term alternatives included developing the Site into a regional, solid waste disposal facility by expanding the Site to allow increased tonnage, which in turn would increase revenue. Another alternative is to lease the facility to a major, private, waste management company. The company could then expand the site into a regional, solid waste management facility. The expansion of the site into a regional, solid waste management facility furnishes the maximum valuation of the asset, with a net value of over $35M to the taxpayers in the County over an estimated 35- year life. This is a text book example of a public-private partnership that will create new, significant revenue stream, maintain and create job opportunities and more efficient operation that will prolong the life of the landfill. A new and significant revenue stream that is not tax-based benefits all taxpayers, not just those with a vested interest in maintaining the status quo. This is an example of true fiscal reform. Two things are certain with the landfill: 1) Cortland County does not have the financial resources needed to upgrade operations to the degree necessary to compete in the $52 billion global waste industry, and 2) County taxpayers cannot and should not be expected to endure these kinds of financial losses. It is the responsibility of this Legislature to protect and preserve these hard earned tax dollars. New technologies and changes in the municipal waste industry allow private companies to operate landfills more efficiently and effectively than smaller operations like ours. Without significant investment, the County will be unable to employ these new technologies designed to improve our environment, reduce the volume of municipal waste and increase revenue. Regulatory agencies such as the US EPA and NYSDEC require strict adherence to regulations designed to ensure that our environment is protected from landfill contaminates. These same regulations continue to increase operating costs and put pressure on a landfill’s ability to operate profitably. Future regulatory requirements have the potential to substantially increase operating costs which would further erode the ability of a smaller operation such as ours to succeed. Leasing the landfill would effectively take the county out of the business of operating the facility and eliminate all future obligations and costs associated with its landfill operations. By leasing to a larger operator, the County will realize improvements that will extend the life of our facility and increase profitability over the long term. It is critical that we meet the objectives established by the Legislature: debt elimination, maximization of future cash flow and long-term disposal security. If we meet these objectives we can provide immediate relief to our taxpayers by not having to raise taxes even further to pay for more vital, local services. Concerns have been raised regarding the expansion of the landfill, some valid, some intended to distract, mislead and confuse Legislators and citizens alike. Tales of pending doom are common when diminishing or eliminating the role of local government in the private sector, but rarely are they accurate. No legislator should be bullied or shy away from implementing true fiscal reform at the first sign of controversy. It is incumbent upon all of us to seek the truth and verify its accuracy. I believe when all the facts are fairly presented, we will find as have many other counties across this state, public- private partnerships with professional expertise can safely, responsibly and very profitably operate environmentally sound landfills to the benefit of the taxpayer. Current losses in the Solid Waste Fund account for over 2% of the current tax levy. I cannot in good conscience ask the taxpayer to continue enduring this kind of financial burden when there are viable alternatives that would reduce, if not eliminate these losses and provide immediate relief to our taxpayers. We must act in the best interest of all taxpayers because they all have a vested interest in the profitability of this facility. 151 ---PAGE BREAK--- Make no mistake about it, without new revenues to offset the increasing costs of state mandates, the County will be forced to cut human service programs that are of vital importance to those who rely on them. I am talking about senior citizen programs. I’m talking about public health programs, mental health programs, sheriff patrols, and highway maintenance. It is irresponsible for us to dismantle these vital human service programs and at the same time throw away valuable tax dollars on the landfill, especially when we have the opportunity to make the landfill profitable and save these vital programs. As I stated earlier, we continue to face serious financial challenges. Despite these challenges, we must continue to comply with other federal mandates to insure the general health, safety and welfare of our citizens is maintained and enhanced. The Federal Communication Commission (FCC) issued a mandate that – on or before January 1, 2013 – all public safety and industrial/business licensees operating on broad band spectrums migrate to 12.5 kHz technology or utilize a technology that achieves equivalent efficiencies. JPS Chairman Mike Park and his committee on judicial public safety have overseen the development of a much-needed system that not only complies with the federal mandate of narrowing banding, it will increase the current emergency communications coverage area from about 50% presently to about 95% upon completion in 2013 and provide the ability to communicate with all other emergency providers whenever necessary. Obviously, protecting the public is expensive and this system comes at a high price; $15 million. Annual repayments totaling approximately $1.3 million are set to begin in 2012. In an effort to spare County taxpayers as much of this expense as possible, the Legislature submitted requests for Home Rule Bills to both the New York State Assembly and Senate for an estimated $271,000 in new revenues from increased landline and cell phone surcharges. In addition, several grant applications have been submitted by multiple funding agencies to subsidize the new system. It has been my hope that we would reverse the current losses in the Solid Waste Fund and apply those annual losses toward the communication system’s $1.3 million annual debt. We must continue to identify economic improvement in the delivery of quality community services as well. When mutually beneficial it could mean developing public-private partnerships and other times it may mean divesting ourselves of certain services where we are at a competitive disadvantage, particularly when competing with the private sector. Case in point is the County’s Community Home Health Agency (CHAA) program. For many years the County provided home care services through the Community Home Health Agency. In 2006, NYS granted a Certificate of Need to St. Josephs of Syracuse to offer home care services in Cortland County to meet an increasing demand. Since that time, the Cortland County Public Health Department has implemented a variety of efficiency strategies in the program in an effort to remain competitive and minimize the cost to County taxpayers. The decision by NYS to eliminate grant funding to local government operating within a county with another service provider prompted Health Committee Chairman Tony Pace and his Committee to investigate divesting ourselves of this program and identifying a reputable service provider that would enhance the quality and level of care our citizens deserve. The decision to sell the CHAA was made easier when HCR demonstrated it had the necessary resources to provide quality care in a compassionate way to our citizens and at the same time eliminate the cost to our taxpayers. I am very pleased that the County employees, who were interested, accepted new, higher paying jobs with HCR and others who elected to stay in County employment were able to transition to other positions within the Public Health Department. In the end, staffing was reduced by 16 with an annual savings of $180,000. 152 ---PAGE BREAK--- Mr. Pace’s Health Committee also achieved great success in improving efficiencies in the initial evaluations in the County’s Mental Health programs this year. In June 2010 Mental Health had an average client waiting list of 56 clients with a wait time of approximately 96 days for the 1st appointment and no-show rates of 50%. With structural changes and policy revisions, by July 2010 the waiting list had been exhausted, the maximum waiting period was 10 days and no-shows were reduced to 20%. Legislator Newell Wilcox and the Buildings and Grounds Committee brought forth a $2 million energy savings project through a National Grid rebate program and the state Power Authority for lighting upgrades in all the County facilities and boiler and chiller replace in the County Office Building and County Courthouse. When totaled and combined, these two $1.9 million energy savings projects will reduce the County’s annual utility costs by $160,000 and pay for it in about 11 years. The total lighting upgrade and control plan will cost the county approximately $180,000 after $116,000 in rebates. With annual savings estimated at $86,000, the project will pay for itself in a little more than two years. In addition to providing an annual savings of $180,000 in utility costs, the lighting will be vastly improved by increasing the daylight spectrum brightness from 75% to 95%. Two older model and ineffective boilers (1973, 1987) in the Courthouse will be replaced. Four boilers in the County Office Building will be replaced by two, more efficient boilers. The total cost of the boiler and chiller replacement and management energy upgrade project will cost approximately $1.7 million and yield an annual savings of approximately $75,000. I would also like to commend Budget & Finance Chairwoman Kathie Arnold and those committee members for their efforts to rectify long-standing and significant deficiencies that have been identified in the annual audits regarding the oversight of the Counties financial records. The County is a $120 million corporation funded largely with tax dollars. It is imperative that the Legislature and all County Departments have timely access to accurate financial information to make informed and insightful decisions. I have every confidence that Kathie and the Committee will see to it. It is certainly an honor and my privilege to serve the public as Chairman of the County Legislature. It is not always an easy job but one that brings me great satisfaction anytime we act in the best interest of our citizens and improve the quality of life here in Cortland County. I am proud of our accomplishments this past year and look forward to working with my fellow Legislators in dealing with the realities of the current economic situation as we go forward. As I have stated previously, we will continue to face serious financial challenges and the 2012 budget may very well prove to be the most challenging of all, but with your support I will continue my efforts to bring financial accountability, fiscal responsibility and true fiscal reform to taxpayers of Cortland County. Thank you and God bless. Sincerely, R. Jack Williams Adjournment Ms. Gofkowski made a motion to adjourn. Seconded by Mr. Willcox. All members voting in favor. The meeting was adjourned. Cortland County Legislature July 28, 2011 153 ---PAGE BREAK--- 6:00 P.M. Minutes Order of Business Chairman Williams opened the 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. Hartnett who was excused by Chairman Williams. Approval of Minutes Mr. Troy made a motion to approve the minutes of the May 31, 2011 Special Meeting, and the June 23, 2011, Regular Meeting. Seconded by Mr. Parker. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Ms. Monroe of Solon spoke in opposition to agenda items 29 and 30. She said she is the sole candidate running for Cortland County Treasurer, and asked the legislature to vote against any changes in the Treasurer’s office until after she has taken office and has had an opportunity to work there. Presentation of Petitions, Communications and Notices The Clerk introduced Mr. David White of Motorola, and EICS Engineer Ken Teter, who gave an update of the Emergency Interoperable Communications System project. Mr. White said the SEQR process has taken a little longer than expected, however he is still confident the deadline of December 2012 will be reached. Mr. Ken Teter spoke about the SEQR process. He said he is working with local attorney Pat Snyder to evaluate any potential environmental impacts by using the five existing towers, three existing buildings, and at least three, possibly five new towers. He expects to have the final tower sites established and a resolution in front of the Legislature at the August meeting. Receive & File Ms. Price made a motion to receive and file the 2010 Highway Annual Report, the 2010 Probation Annual Report, the 10-year Highway Capital Improvement Plan, and the five year Highway Equipment Replacement Plan. Seconded by Mr. Cornell. All members voting in favor; none opposed. New Business Chairman Williams asked that Agenda Item No. 20 be considered first. Agenda Item No. 20 – Abolish/Create Staff Mental Health Program Director, Medical Records Administrator/Medical Clinical Director of Mental Health Programs, Compliance Officer (Mental Health) On motion of Mr. Pace. Seconded by Ms. Gofkowski. Community Services Director Mr. Mark Thayer said this resolution more accurately reflects the jobs the current employees are doing and will do in the future. He said there will be no budgetary impact to his department or the County as a whole. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. PACE RESOLUTION NO. 180-11 Abolish/Create Staff Mental Health Program Director, Medical Records Administrator/Medical Clinical Director of Mental Health Programs, Compliance Officer Mental Health WHEREAS, the needs of the Mental Health Department will be better served by changing the titles to better reflect the job duties of the positions, AND 154 ---PAGE BREAK--- WHEREAS, the Health Committee recommends changing the titles of three positions to better reflect the job descriptions of the three positions, NOW THEREFORE, BE IT RESOLVED, that one full-time position of Staff (Employee contract/Management Compensation Plan, competitive class) be and hereby is abolished effective July 29, 2011, AND BE IT FURTHER RESOLVED, that one full-time position of Medical (Employee contract/Management Compensation Plan, competitive class) be created effective July 29, 2011, AND BE IT FURTHER RESOLVED, that one full-time position of Mental Health Program Director (Grade 6, $51,338- 62,460, Management Compensation Plan, competitive class) be and hereby is abolished July 29, 2011, AND BE IT FURTHER RESOLVED, that a full-time position of Clinical Director of Mental Health Programs (Grade 6, $51,338-62,460, Management Compensation Plan, competitive class) be and hereby is created effective July 29, 2011, AND BE IT FURTHER RESOLVED, that one full-time position of Medical Records Administrator (Grade17, $18.7942 – 22.8660/hr., CSEA contract, competitive class) be and hereby is abolished effective July 29, 2011, and BE IT FURTHER RESOLVED, that one full-time position of Compliance Officer (Grade 17, $18.7942-22.8660/hr, CSEA contract, competitive class) be and hereby is created effective July 29, 2011, AND BE IT FURTHER RESOLVED, that the current incumbents will continue in these re-titled positions without any changes to their status, benefits or salary. Agenda Item No. 1 – Accept Proposal/Authorize Agreement – National Grid Rebate Program On motion of Mr. Willcox. Seconded by Ms. Gofkowski. ON MOTION OF MR. WILLCOX RESOLUTION NO. 181-11 Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid/Smartwatt 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/Smartwatt program for rebates associated with a lighting retrofit project for County facilities, AND, WHEREAS those facilities are identified as: Cortland County Court House Horizon House 46 Greenbush St. 49 Grant St. Cortland, N.Y. Cortland, N.Y. 155 ---PAGE BREAK--- Cortland County Recycling Center Cortland County Public Safety 137 Pendleton St. Building & Jail Cortland, N.Y. 54 Greenbush St. Cortland, N.Y. Cortland County Landfill Cortland County Airport 4708 Townline Rd. 922 Groton Rd McGraw, N.Y. Cortland, N.Y Cortland County Cleary Bldg. Cortland County Highway 37 Church St. Complex Cortland, N.Y. Miller St. Ext./Traction Dr. Cortland, N.Y. , AND WHEREAS, there is the need to complete lighting retrofit work at the Pavilion at Dwyer Park at a cost of $8,542.75 resulting in an additional annual savings of $2,137.52, with the County’s contribution of $4,073.76 and a National Grid Contribution of $4,468.99, AND, WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $3,786.47 to take advantage of the 15% discount offered under the program and also include this payment plan in Option A, as previously approved, described in the Resolution to Authorize Payment NYS Power Authority and National Grid Projects, 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/Smartwatt to participate in a rebate program associated with a lighting retrofit project. Agenda Item No. 2 – Amend Resolution No. 43-11 / Authorize Payment NYS Power Authority and National Grid Projects - County Administrator On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION MR. WILLCOX RESOLUTION NO. 182-11 Amend Resolution No. 43-11 Authorize Payment NYS Power Authority and National Grid Projects County Administrator WHEREAS, Resolution No. 43-11 authorized the payment process for the National Grid Lighting Retrofit project and the New York State Power Authority Energy Conservation measures project, AND, WHEREAS, a retrofit resolution for Dwyer Park Pavilion will be presented on July 28, 2011 , AND WHEREAS, this project was not included in the payment plan identified in Resolution No. 43-11, NOW THEREFORE BE IT, RESOLVED, that Resolution No. 43-11 be and hereby is amended to include the Dwyer Park Pavilion retrofit project, AND BE IT FURTHER, RESOLVED, that the Total Line for the Option A approved payment plan will be: 156 ---PAGE BREAK--- Total Cost Amended Total Cost $2,091,322.00 $2,104,383.00 Customer Contribution Amended Customer Contribution $1,954,705.00 $1,961,029.00 Lump Sum Payment Amended Lump Sum Payment 15% Discount 15% Discount $ 180,545.00 $ 186,397.00 Annual Savings Amended Annual Savings $ 157,911.00 $ 160,996.00 Annual Payment Amended Annual Payment $ 215,550.00 $ 215,550.00 Annual Payment Amended Annual Payment $ 55,639.00 $ 54,554.00 , NOW THERFORE BE IT RESOLVED, that the Cortland County Legislature will make a one-time payment of $186,397.00 for the National Grid/Smartwatt work, and apply the annual savings from the reduced utility payments to offset the costs of the NYPA contract thus reducing the annual payments to NYPA, and that said $186,397.00 payment shall be paid out of the Cortland County Contingency Fund as amended above for the Option A payment schedule. Agenda Item No. 3 – Accept Grant/Amend Budget – Homeland Security Grant On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 183-11 Accept Grant/Amend Budget Homeland Security Grant Program Sheriff's Department WHEREAS, the County of Cortland Sheriff’s Department has been awarded $27,352 from the WM2010 SLETPP (Law Enforcement Terrorism Prevention Program), 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 received said grant and has $2000.00 remaining from said 2010 grant, AND BE IT FURTHER RESOLVED, that with the recommendation of the Sheriff that the following accounts be and hereby modified, AND, BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Increase: Revenue: A311043-43389 -3100 Weapons of Mass Destruction $2000.00 Expense: A31105-52015-3100 Technical Equipment $2000.00 157 ---PAGE BREAK--- Agenda Item No. 4 – Authorize Agreement – Office of Children & Family Services (District Attorney) On motion of Mr. Park. Seconded by Mr. Parker. Ms. Briggs asked for more information, particularly on cost to the County and space needs. District Attorney Mr. Mark Suben said this resolution allows for the District Attorney’s office to take over lead agency for a grant from the YWCA. The grant provides an advocacy program for abused children. It is a cooperative inter-agency program that provides a child- friendly and conducive for interviewing victims. Mr. Suben said this program will be “revenue neutral” but space will be needed, however which space has yet to be identified. Mr. Pace said he is concerned about the welfare of the children and asked who performs the interviews. Mr. Suben said it is a trained and certified individual from the Sheriff’s Department. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 184-11 Authorize Agreement Cortland County District Attorney (Office of Children and Family Services) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program has heretofore been funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND WHEREAS, the said NYS grants have been received locally by the YWCA of Cortland County (“YWCA”), a non-profit organization, by contract with OCFS as the lead agency with authority and responsibility to receive grant funds (currently estimated to be about $72,000 annually) through vouchers to pay the expenses of running the CAP and CAC, AND WHEREAS, the contract between the YWCA and the OCFS needs to be reassigned in mid- contract to the District Attorney’s Office of Cortland County which reassignment will require the DA to enter into one or more contracts with the YWCA and the OCFS, AND WHEREAS, the amount of such grant funds, the accounts through which such funds will be received and appropriated within the County, and the period of such reassigned contract(s) all remain to be precisely determined, but it can be said that the reassignment will be revenue neutral in that it will require no additional county funding, and that all funds disbursed by the DA to administer the CAP and CAC will come from funds received from OCFS for that purpose; NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign such agreements as are necessary to effectuate the reassignment of the OCFS grant funds from the YWCA to the DA, in such amounts and for such periods of time and through such accounts as will, along with authorizations to disburse such funds, hereafter be determined and submitted for approval in subsequent resolutions. Agenda Item No. 5 – Authorize Agreement – AAT Communications Systems On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 185-11 Authorize Agreement Sheriff's Department/911 Center 158 ---PAGE BREAK--- 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, 2011, AND WHEREAS, the cost of such maintenance agreement is $5,700.00 annually, for the period of September 1, 2011 through August 31, 2012, 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 $5,700.00 be paid from Account A30255-54050 Equipment Maintenance and Repairs. Agenda Item No. 6 – Award Highway Bid – Metal Object Removal On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 186-11 Award Highway Bid – Metal Object Removal Highway Department/Recycling 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 $222.32 p/ton 1 Recycle Drive Owego, NY 13827 Contento’s $220.00 p/ton 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, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to sign a contract with Upstate Shredding, 1 Recycle Drive, Owego, NY 13827, for Metal Object Removal at the Highway Department and Landfill Facilities, AND BE IT FURTHER RESOLVED, that the revenue received from the Metal Object removal shall be deposited in account # E513042.42650 for the Highway Department and Account # EL816042.42130 for the Landfill. 159 ---PAGE BREAK--- Agenda Item No. 7 – Authorize Hangar Lease – Building MH-1 On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; except Ms. Briggs and Mr. Willcox, who were opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 187-11 Authorize Hangar Lease Building MH-1 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, the Airport Advisory Board developed, approved and advertised a Request for Proposals (RFP) for the lease of Hangar Building MH-1 for a 5-year term (1/1/2012- 12/30/2016), AND WHEREAS, the Airport Advisory Board met on July 7, 2011, opened, and reviewed all proposals received in response to said RFP for the lease of said building, AND WHEREAS, one proposal, from 7:47 Aviation, Inc., 922 NYS Route 222, Hangar MH-1, Cortland, NY 13045, was received, opened and reviewed by the Airport Advisory Board at said meeting, AND WHEREAS, the 7:47 Aviation, Inc. proposal was deemed by the Airport Advisory Board to have met all RFP requirements, and said proposal included a variable rental rate schedule as follows: YEAR RENTAL RATE 2012 $1,000 2013 $1,020 2014 $1,040 2015 $1,060 2016 $1,080 , AND WHEREAS, during said meeting of the Airport Advisory Board, the board unanimously approved a motion recommending that the Cortland County Legislature accept the proposal and approve said lease with 7:47 Aviation, Inc., AND WHEREAS, the Highway Committee of the Cortland County Legislature recommends approval of said lease of Hangar MH-1, in its entirety, at Cortland County Airport to 7:47 Aviation, Inc., 922 NYS Route 222, Hangar MH-1, Cortland, NY 13045, in accordance with the proposal received from 7:47 Aviation, Inc. for a 5-year term (1/1/2012- 12/30/2016), per the proposed and above listed rental rate schedule, NOW THEREFORE BE IT RESOLVED, that the Legislature hereby approves the lease of said Hangar MH-1, in its entirety, at Cortland County Airport to 7:47 Aviation, Inc., 922 NYS Route 222, Hangar MH-1, Cortland, NY 13045, in accordance with the proposal received from 7:47 Aviation, Inc. for a 5-year term (1/1/2012- 12/30/2016), per the proposed and above listed rental rate schedule, AND BE IT FURTHER 160 ---PAGE BREAK--- 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 for said Hangar MH-1 Building at Cortland County Airport. Agenda Item No. 8 – Appropriate Funds/Pavement Repairs – Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 188-11 Appropriate Funds/Pavement Repairs Highway Department WHEREAS, the Cortland County Highway Department has completed an inspection of all Cortland County Highway Department Roads, AND WHEREAS, the condition of the various County Roads will need pavement repairs in 2011, AND WHEREAS, the pavement repairs needed were not budgeted at the level that would address the actual needs the 2011 County Budget, AND WHEREAS, the sales tax revenue exceeded the amount budgeted in the 2010, NOW THEREFORE BE IT RESOLVED, that $177,000 shall be appropriated from the excess sales tax funds in the 2010 budget, to be utilized for pavement repairs, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Decrease Expense: A95225 94995 $177,000.00 Inter-Fund Transfer Expense Fund Balance A359900 $177,000.00 Appropriated Fund Balance Increase Expense: D51105.54077.07 $177,000.00 Pavement Repairs-Materials Revenue: D501048 45031 $177,000.00 Inter-Fund Transfer Revenue Agenda Item No. 9 – Authorize Contract/Town of Cincinnatus On motion of Mr. Fuller. Seconded by Ms. Gofkowski. Mr. Cornell asked if the contracts will have a clause to allow the towns to back out of the agreement under certain conditions. Mr. Fuller answered that yes, that will be included in the contract. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 189-11 161 ---PAGE BREAK--- Authorize Contract/Highway Department Town of Cincinnatus (Snow and Ice – County and State Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County and State Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County employ the Town of Cincinnatus to control snow and ice on 4.05 miles of County roads during the 2011-2012, 2012- 2013, 2013-2014, 2014-2015, 2015-2016 & 2016-2017 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a five agreement with the Town of Cincinnatus to control snow and ice on 4.05 miles of County roads, and that for the remainder of the 2011 snow season the amount of $3,341.25 is to be paid in November 2011,AND WHEREAS, the Highway Committee of this Legislature has recommended that the amount of $3,300.00 per lane mile that is currently paid to the Town of Cincinnatus for Snow and Ice Removal be increased by 3% as of January 1, 2012, with payments to be made as follows: One-fourth in February 2012 ($3,441.49) and One-half in April of 2012 ($6,882.98), AND WHEREAS, the Highway Committee of this Legislature has recommended that the payment amounts be increased by 2% each season of the agreement thereafter starting with the 2012-2013 season for the term of the agreement with payments to be made as follows: One-Fourth in November of the contract snow season, One-Fourth in February of the contract snow season and One-Half in April of the contract snow season, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for Snow and Ice Control on State Roads, which the County maintains for Snow and Ice removal by separate time and material contract with the State of New York, AND WHEREAS, the Highway Committee of the Legislature has recommended that the County enter into an agreement with the Town of Cincinnatus to control snow and ice on 8.01 miles of State Roads during the 2011-2012-snow season for an amount not to exceed $38,000. Payments will be paid upon receipt of actual costs submitted and approved by the County Highway Superintendent, 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 Cincinnatus subject to the County Attorney’s review and approval as to form. Agenda Item No. 10 – Authorize Contract – Town of Homer On motion of Mr. Fuller Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 190-11 Authorize Contract/Highway Department Town of Homer (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into 162 ---PAGE BREAK--- 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 of this Legislature has recommended that the County employ the Town of Homer to control snow and ice on 7.72 miles of County roads during the 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016 & 2016-2017 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a five year agreement with the Town of Homer to control snow and ice on 7.72 miles of County roads, and that for the remainder of the 2011 snow season the amount of $6,369.00 is to be paid in November 2011, AND WHEREAS, the Highway Committee of this Legislature has recommended that the amount of $3,300.00 per lane mile that is currently paid to the Town of Homer for Snow and Ice Removal be increased by 3% as of January 1, 2012, with payments to be made as follows: One-fourth in February 2012 ($6,560.07) and One-half in April of 2012 ($13,120.14), AND WHEREAS, the Highway Committee of this Legislature has recommended that the payment amounts be increased by 2% each season of the agreement thereafter starting with the 2012-2013 season for the term of the agreement with payments to be made as follows: One-Fourth in November of the contract snow season, One-Fourth in February of the contract snow season and One-Half in April of the contract snow season, NOW THEREFORE, BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Homer subject to the County Attorney’s review and approval as to form. Agenda Item No. 11 – Authorize Contract/Town of Lapeer On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 191-11 Authorize Contract/Highway Department Town of Lapeer (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 of this Legislature has recommended that the County employ the Town of Lapeer to control snow and ice on 9.30 miles of County roads during the 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016 & 2016-2017 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a five year agreement with the Town of Lapeer to control snow and ice on 9.3 miles of County roads, and that for the remainder of the 2011 snow season the amount of $7,672.50 is to be paid in November 2011, AND WHEREAS, the Highway Committee of this Legislature has recommended that the amount of $3,300.00 per lane mile that is currently paid to the Town of Lapeer for Snow and ice removal be increased by 3% as of January 1, 2012 with payments to be made as follows: One-fourth in February 2012 ($7,902.68) 163 ---PAGE BREAK--- and One-half in April of 2012 ($15,805.35), AND WHEREAS, the Highway Committee of this Legislature has recommended that the payment amounts be increased by 2% each season of the agreement thereafter starting with the 2012-2013 season for the term of the agreement with payments to be made as follows: One-Fourth in November of the contract snow season, One-Fourth in February of the contract snow season and One-Half in April of the contract snow season, 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 Lapeer subject to the County Attorney’s review and approval as to form. Agenda Item No. 12 – Authorize Contract/Highway Department/Town of Marathon On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 192-11 Authorize Contract/Highway Department Town of Marathon (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 of this Legislature has recommended that the County employ the Town of Marathon to control snow and ice on 7.67 miles of County roads during the 2011-2012, 2012- 2013, 2013-2014, 2014-2015, 2015-2016 & 2016-2017 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a five year agreement with the Town of Marathon to control snow and ice on 7.67 miles of County roads, and that for the remainder of the 2011 snow season the amount of $6,327.75 is to be paid in November 2011, AND WHEREAS, the Highway Committee of this Legislature has recommended that the current amount of $3,300.00 per lane mile that is currently paid to the Town of Marathon for Snow and Ice Removal be increased by 3% as of January 1, 2012, with payments to be made as follows: One-fourth in February 2012 ($6,517.58) and One-half in April of 2012 ($13,035.17), AND WHEREAS, the Highway Committee of this Legislature has recommended that the payment amounts be increased by 2% each season of the agreement thereafter starting with the 2012-2013 season for the term of the agreement with payments to be made as follows: One-Fourth in November of the contract snow season, One-Fourth in February of the contract snow season and One-Half in April of the contract snow season, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Marathon subject to the County Attorney’s review and approval as to form. 164 ---PAGE BREAK--- Agenda Item No. 13 – Authorize Contract/Highway/Town of Solon On motion of Mr. Fuller. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 193-11 Authorize Contract/Highway Department Town of Solon (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 of this Legislature has recommended that the County employ the Town of Solon to control snow and ice on 2.77 miles of County roads during the 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016 & 2016-2017 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a five year agreement with the Town of Solon to control snow and ice on 2.77 miles of County roads, and that for the remainder of the 2011 snow season the amount of $2,285.25 is to be paid in November 2011, AND WHEREAS, the Highway Committee of this Legislature has recommended that the amount of $3,300.00 per lane mile that is currently paid to the Town of Solon for Snow and Ice Removal be increased by 3% as of January 1, 2012, with payments to be made as follows: One-fourth in February 2012 ($2,353.81) and One-half in April of 2012 ($4,707.62), AND WHEREAS, the Highway Committee of this Legislature has recommended that the payment amounts be increased by 2% each season of the agreement thereafter starting with the 2012-2013 season for the term of the agreement with payments to be made as follows: One-Fourth in November of the contract snow season, One-Fourth in February of the contract snow season and One-Half in April of the contract snow season, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Solon subject to the County Attorney’s review and approval as to form. Agenda Item No. 14 – Authorize Contract/Highway/Town of Taylor On motion of Mr. Fuller. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 194-11 Authorize Contract/Highway Department Town of Taylor (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 165 ---PAGE BREAK--- WHEREAS, the Highway Committee of this Legislature has recommended that the County employ the Town of Taylor to control snow and ice on 20.39 miles of County roads during the 2011-2012, 2012- 2013, 2013-2014, 2014-2015, 2015-2016 & 2016-2017 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a five year agreement with the Town of Taylor to control snow and ice on 20.39 miles of County roads, and that for the remainder of the 2011 snow season the amount of $16,821.75 is to be paid in November 2011, AND WHEREAS, the Highway Committee of this Legislature has recommended that the amount of $3,300.00 per lane mile that is currently paid to the Town of Taylor for Snow and Ice Removal be increased by 3% as of January 1, 2012, with payments to be made as follows: One-fourth in February 2012 ($17,326.40) and One-half in April of 2012 ($34,652.81), AND WHEREAS, the Highway Committee of this Legislature has recommended that the payment amounts be increased by 2% each season thereafter starting with the 2012-2013 season for the term of the agreement with payments to be made as follows: One-Fourth in November of the contract snow season, One- Fourth in February of the contract snow season and One-Half in April of the contract snow season, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Taylor subject to the County Attorney’s review and approval as to form. Agenda Item No. 15 – Authorize Contract/Highway/Town of Truxton On motion of Mr. Fuller. Seconded by Ms. Gofkowski. Mr. Fuller said that this contract is only for a small portion of road, due to a current construction project. Once the construction is done, the contract will be nullified. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. FULLER RESOLUTION NO. 195-11 Authorize Contract/Highway Department Town of Truxton (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 $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Truxton to control snow and ice on .3 miles of County roads during the 2011-2012 snow season for the amount of $990.00 to be paid as follows: One-fourth in November 2011 ($247.50, One-fourth in February of 2012 ($247.50) and One-half in April of 2012 ($495.00), AND WHEREAS, there was an error in the amount due to the Town of Truxton in Resolution # 306-09 for the April, 2010 payment, and Cortland County owes the Town of Truxton $45.00 for the 2009-2010 season, which will be added to the November, 2012 payment, NOW THEREFORE BE IT 166 ---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 Truxton subject to the County Attorney’s review and approval as to form. Agenda Item No. 16 – Authorize Contract/Highway/Town of Willet On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 196-11 Authorize Contract/Highway Department Town of Willet (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 of this Legislature has recommended that the County employ the Town of Willet to control snow and ice on 8.95 miles of County roads during the 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016 & 2016-2017 snow seasons, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into a five year agreement with the Town of Willet to control snow and ice on 8.95 miles of County roads, and that for the remainder of the 2011 snow season the amount of $7,383.75 is to be paid in November 2011, AND WHEREAS, the Highway Committee of this Legislature has recommended that the amount of $3,300.00 per lane mile that is currently paid to the Town of Willet for Snow and ice removal be increased by 3% as of January 1, 2012, with payments to be made as follows: One-fourth in February 2012 ($7,605.26) and One-half in April of 2012 ($15,210.53), AND WHEREAS, the Highway Committee of this Legislature has recommended that the payment amounts be increased by 2% each season of the agreement thereafter starting with the 2012-2013 season for the term of the agreement with payments to be made as follows: One-Fourth in November of the contract snow season, One-Fourth in February of the contract snow season and One-Half in April of the contract snow season, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Willet subject to the County Attorney’s review and approval as to form. Agenda Item No. 17 – Authorize Exemption from Tipping Fees – River Clean up On motion of Mr. Fuller Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. FULLER RESOLUTION NO. 197-11 167 ---PAGE BREAK--- Authorize Exemption From Tipping Fees River Clean-Up - Cortland County Highway Department Division Of Solid Waste WHEREAS, the Cortland County Soil and Water Conservation District is coordinating the River Clean-Up for September 24, 2011, AND WHEREAS, the Cortland County Soil and Water Conservation District has requested an exemption from the tipping fees at the Cortland County Landfill, AND WHEREAS, the Highway Committee has approved the request for exemption at its July 12, 2011 Committee Meeting, NOW THEREFORE BE IT RESOLVED, that the Division of Solid Waste be and is hereby authorized to waive the tipping fees for the trash and garbage delivered to the landfill as a result of the River Clean-Up from September 24, 2011. Agenda Item No. 18 – Authorize Agreement/Thoma Development – Dwyer Park/NYS EPF Grant On motion of Mr. Fuller. Seconded by Mr. Troy. Mr. Fuller said that a cost estimate for the grant was provided to Legislators. He said the County’s match is 25 and that this can be completely covered through in-kind services. Ms. Gofkowski asked who would administer the grant. Mr. Murphy said the County will administer the grant, and the majority of the in-kind services will be through the Highway Department. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. FULLER RESOLUTION NO. 198-11 Authorize Agreement/Thoma Development Cortland County Legislature Dwyer Memorial Park/NYS EPF Grant WHEREAS, Cortland County owns property at Dwyer Memorial Park and the building known as the Pavilion at said park is in need of repair, AND WHEREAS, Resolution 189-10 authorized a grant application be submitted by Thoma Development to assist in the repair and painting of the Pavilion, AND WHEREAS, the grant was not awarded in the 2010 funding round, and Thoma Development Consultants has submitted a proposal to re-submit the Environmental Protection Fund grant application for historic preservation and renovations to the Pavilion, AND WHEREAS, said proposal states a fee of $1,000, including assistance concerning project scope, grant application, and meeting all EPF requirements, but excludes other associated “reimbursable” costs, AND WHEREAS, said grant proposals will require a 25% county match, and are due September 1, 2011, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the county attorney as to form, is hereby authorized and directed to enter into an agreement with Thoma Development Consultants for grant-writing services in relation to Dwyer Memorial Park, with a cost not to exceed $1,100, to be paid from Account A71105 54055. 168 ---PAGE BREAK--- Agenda Item No. 19 – Authorize Grant Application/NYS Office of Parks, Recreation and Historic Preservation/Dwyer Park Pavilion On motion of Mr. Fuller. Seconded by Ms. Price. The Clerk explained that as Agenda Item No. 18 was approved, this resolution is a requirement of the grant application. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. FULLER RESOLUTION NO. 199-11 Authorize Grant Application NYS Office of Parks, Recreation and Historic Preservation Dwyer Park Pavilion WHEREAS, in 1904 The Cortland Traction Company purchased about 90 acres of farmland on Upper Little York Lake to develop a park for eating and dancing, AND WHEREAS, in 1906 Cephas B. Barker of Tully and Newark Valley, built what is now known as the Little York Pavilion, using materials from a demolished pavilion in the city of Cortland, AND WHEREAS, the Dwyer Park Pavilion was named to the New York State and National Historic Register in 1979 for its significance in the history, architecture, archeology, engineering, and culture of New York and the nation, AND WHEREAS, the Pavilion has been open and available to the public for reunions, weddings, and other celebrations, in addition to the home of the Cortland Repertory Theatre since 1972, AND WHEREAS, since acquiring ownership of the Pavilion Cortland County has spent hundreds of thousands of dollars in the maintenance and repair of the building, including recent updates to the roof, porches, railings and more, to ensure the continued safety and enjoyment of Cortland County and Central New York residents, AND WHEREAS, the Pavilion is in need of extensive repairs, and the Cortland County Legislature wishes to restore the Pavilion in a historically accurate manner, but lacks the funds to do so, AND WHEREAS, the Cortland County Legislature has had a preliminary assessment of conditions at the Pavilion with conceptual estimates of possible costs performed by Crawford & Stearns Architects, NOW THEREFORE BE IT RESOLVED, that Jack Williams, as Chairman of the Cortland County Legislature, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $400,000, and upon approval of said request to enter into and execute a project agreement with the State for financial assistance to Cortland County for the Dwyer Park Pavilion Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Agenda Item No. 21 – Amend 2011 Budget – Auction/Sale of Public Transit Bus On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. ROSS RESOLUTION NO. 200-11 Amend 2011 Budget Cortland County Planning Department 169 ---PAGE BREAK--- (Auction/Sale of Public Transit Bus) WHEREAS, the County of Cortland has received money from the auction and sale of one bus 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 WHERAS, $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, the monies received from the auction and sale of disposed buses under the Cortland County public transportation system are only to be used to fund gross project costs of other capital transit projects, AND WHEREAS, Resolutions 177-10 (Job Access and Reverse Commute) and 178-10 (New Freedom) requires Seven Health Coalition to serve as project manager and the required local match is the responsibility of Seven Valleys Health Coalition and the other various service agencies involved. Cortland County will commit to $1000.00 in funding from the money of the sale and auction of buses which will be deducted from the expense accounts to purchase Mobility Management software from HBSS Software, NOW THEREFORE BE IT RESOLVED, the 2011 County Budget is hereby amended as follows: Increase: Expense: A80205-54055-8021 Professional Service Transportation Needs Job Access and Reverse Commute $620.00 Expense: A80205-54055-8021 Professional Service Transportation Needs New Freedom (ADA Alternative) $380.00 Agenda Item No. 22 – Amend 2011 Budget (Auction/Sale of Public Transit Bus) On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. ROSS RESOLUTION NO. 201-11 Amend 2011 Budget Cortland County Planning Department (Auction/Sale of Public Transit Bus) WHEREAS, the County of Cortland has received money from the auction and sale of one bus 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 170 ---PAGE BREAK--- WHERAS, $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 394-10 the County agreed to be a participating Regional Transportation Coalition member and committed to $1000.00 in funding, which will be 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, NOW THEREFORE BE IT RESOLVED, the 2011 County Budget is hereby amended as follows: Increase: Expense: A80205-54055 Professional Service Transportation Needs $1,000.00 Agenda Item No. 23 – Adoption of rules of Order – Cortland County Legislature On motion of Mr. Pace. Seconded by Ms. Gofkowski. Mr. Pace distributed a list of options regarding the County Administrator’s role in the appointment process that have been considered throughout this process. Mr. Troy said politics should not be a factor in the appointment process, and the County Administrator can simply make a recommendation on the appointments, or at least have a vote on a committee. Ms. Price said she objected to changing the oversight of the County Clerk from the Personnel Committee to the JPS Committee without the knowledge and approval of the Chairman of Personnel. Mr. Park said he thinks the JPS Committee can handle this. Mr. Pace said he does not have a problem with this, but was that he had not been made aware of the change. Mr. Parker made a motion to amend the Rules of Order, Article II, Section 2, to include “Option B” of the hand out, which reads: “Administrator is involved in interviews at every level. The administrator has a vote equal to the legislators with six legislators and the county administrator comprising the committee. Five votes are needed to recommend.” The motion was seconded by Mr. Park. All members voting in favor; none opposed. The motion was approved. Mr. Troy said he is concerned with the time allowed for the creation of the Citizen’s Advisory Committee in November, following the elections. Mr. Troy made a motion that a Citizen’s Advisory Committee, (Article I, #10), be appointed by resolution OR by the Chairman of the Legislature. Mr. Purser said the committee should be created by one or the other to avoid ambiguity in the Rules. Mr. Troy withdrew his motion. Mr. Pace made a motion to amend Article III, Section 1, A-11, to reflect the definition of “Excused Absence” (#19 on page Seconded by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Chairman Williams called the question on the Rules, as amended. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 202-11 Adoption of Rules of Order Cortland County Legislature 171 ---PAGE BREAK--- WHEREAS, Local Law No. 2 for year 1972, Section 202, para.5 established that the Cortland County Legislature is empowered to enact rules governing the conduct of the members at its sessions and the manner of transacting business thereat, AND WHEREAS, County Law Section 153[8] empowers the County Legislature to determine the rules of its own proceedings, AND WHEREAS, the Cortland County Legislature has adopted Rules of Order by Resolution 9-10 of 2010, AND WHEREAS, the Cortland County Personnel Committee recommends the amendment and adoption of the attached Rules of Order, NOW THEREFORE BE IT RESOLVED, that the attached Exhibit entitled "Rules of Order for the Cortland County Legislature" are hereby adopted, AND BE IT FURTHER RESOLVED, that all resolutions, which amend, repeal or in any manner affect these rules shall include proper reference to section, subsection or paragraph to maintain an orderly codification of these rules, AND, BE IT FURTHER RESOLVED, that the rules shall be published in the annual journal of proceeding, in a booklet form for distribution to Legislators and the public, and in electronic form on the County web pages. Agenda Item No. 24 – Standard Work Day and Reporting Resolution On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 203-11 Standard Work Day and Reporting Resolution Personnel Department BE IT RESOLVED, that the County of Cortland hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Social Security Number (Last 4 digits) Registration Number Standard Work Day (Hrs/day) Term Begins/Ends Participates in Employer’s Time Keeping System (Y/N) Days/Month (based on Record of Activities) Elected Officials Appointed Officials Election Commissioner Thomas Brown 8808 43074806 7 1/1/11 - 12/31/12 N 20 Director of Community Mental Health Services Mark Thayer 4294 50315266 7 1-16-11 Y N/A County Martin 0924 35724665 7 6/7/10 - Y N/A 172 ---PAGE BREAK--- Administrator Murphy 12/31/11 Personnel Officer Annette Barber 3143 36689651 7 11/18/10 - 11/17/16 Y N/A Agenda Item No. 25 – Extension of Agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc. And Nationwide Trust Company for the Continuation of the Cortland County Deferred Compensation Plan On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. PACE RESOLUTION NO. 204-11 Extension of Agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc. And Nationwide Trust Company for the Continuation of the Cortland County Deferred Compensation Plan WHEREAS, the Cortland County Deferred Compensation Plan has been provided administrative services by Nationwide Retirement Solutions, with Nationwide Financial Services, Inc. serving as financial organization and Nationwide Trust Company serving as trustee, AND WHEREAS, agreements between Cortland County and such entities to provide such services expires on October 12, 2011, AND WHEREAS, Cortland County has the option of extending such agreements for an additional one year period to expire on October 12, 2012, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval of the County Attorney, is authorized to execute the contract extension for the above referenced agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc. and Nationwide Trust Company for a one year period, ending on October 12, 2012. Agenda Item No. 26 – Amend 2011 Budget/Authorize Payment – Convention & Visitor’s Bureau, NYS Senior Games On motion of Ms. Arnold. Seconded by Mr. Ross. Ms. Arnold said this is a one-time payment. Ms. Briggs added that if Cortland had not volunteered to take on the games, then Rochester or Buffalo would have taken them on. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 205-11 Amend 2011 Budget/Authorize Payment Convention & Visitor’s Bureau, Regional Sports Council NYS Senior Games WHEREAS, New York State opted not to fund the Empire State Senior Games for 2011, AND WHEREAS, Regional Sports Council and the Convention & Visitor’s Bureau, requested and received authorization from the state to host the event, AND WHEREAS, time constraints did not allow time to generate corporate sponsors and/or fundraising for said event, AND 173 ---PAGE BREAK--- WHEREAS, due to the efforts of the Regional Sports Council and the Convention & Visitors Bureau hosted and sponsored the event, bringing in more than 2,000 participants, guests, family and friends for the Empire State Senior Games, which generated significant Occupancy and Sales tax revenues, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes a one-time payment of $10,000 to the Convention & Visitor’s Bureau, to help offset unexpected and unbudgeted costs incurred by hosting and sponsoring this event, AND BE IT FURTHER RESOLVED that the 2011 Budget be amended as follows: Increase: A6410 54822 Tourism & Convention $10,000.00 Agenda Item No. 27 – Amend Budget – Area Agency on Aging On motion of Ms. Price. Seconded by Mr. Troy. Ms. Price said this purchase is only made possible by a grant and the generous donations by seniors in this county. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MS. PRICE RESOLUTION NO. 206-11 Amend Budget Area Agency on Aging/Nutrition Program WHEREAS, the Cortland County Area Agency on Aging Nutrition Program has been awarded a grant from the Walmart Foundation – MOWAA Building the Future Impact Grant Program in the amount of $9,141.00 for the purchase of a new oven for the Nutrition Program Central Kitchen, NOW THEREFORE, BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expenses: A67745-52250 4340 Household Equipment +$9,141.00 Revenues: A677442-41972 4340 Title IIIC Program Donations +$9,141.00 Agenda Item No. 28 – Authorize Agreement Health Department/Environmental Health Engineering Services On motion of Mr. Pace. Seconded by Mr. Ross. Mr. Pace said this resolution is to hire an engineer for mandated, short-term work until a recent retiree can be replaced. Health Director Catherine Feuerherm said the position will be filled starting Monday, Aug. 1. The resolution is still necessary to pay for the work the engineer has already done. She suggested leaving the contract open until the end of the year, in case the employee does not pass the probationary period. Ms. Briggs made a motion to amend the resolution to end Aug. 1, 2011, rather than the end of the year. Ms. Gofkowski seconded the motion. Legislators Price, Troy, Gofkowski, Cobb, Briggs and Bushnell voting in favor; The rest opposed. The motion was defeated. Mr. Williams called for the vote on the original motion. All members voting in favor, except Ms. Briggs, who was opposed. Agenda Item No. 28 became: 174 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 207-11 Authorize Agreement Health Department/Environmental Health Engineering Services WHEREAS, the Cortland County Health Department is in need of Professional Engineering Services for the performance of mandated engineering tasks for the Environmental Health Division under Public Health Law, AND WHEREAS, in the absence of an engineer on staff, these highly specialized engineering tasks would be most effectively performed by a consulting engineering firm that regularly and successfully performs these types of tasks, AND WHEREAS, K. Teter Consulting, LLC, 32 Clinton Street, Homer, New York 13077 will provide the Professional Engineering services on an hourly basis at the rate of $100.00 per hour and in addition, all reimbursable expenses (mileage, telephone, reproduction, etc.) will be billed at cost to the Cortland County Health Department on various engineering tasks assigned by the Public Health Director, AND WHEREAS, the term of this agreement is from July 12, 2011, through December 31, 2011, AND WHEREAS, the costs of the tasks assigned by the Public Health Director under the term agreement shall not exceed the $ 2,000 amount appropriated in Account A40125.54055, 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 services with K. Teter Consulting, LLC, 32 Clinton Street, Homer, New York 13077. Agenda Item No. 29 – A Resolution to Transfer the Duties and Responsibilities to the Office of County Administrator/Budget Officer On motion of Ms. Arnold. Seconded by Mr. Willcox. Ms. Arnold distributed an amended resolution. She noted the amendment strikes the words “and responsibilities”; makes the resolution effective August 1, 2011; and adds item that “The elected County Treasurer shall continue as the chief fiscal officer of the County, and continue to perform those powers and duties set forth in the laws of the State of New York.” Mr. Willcox seconded the motion to amend the resolution. All members voting in favor, except Ms. Briggs, who was opposed. The motion was approved. Mr. Cornell said he would like more details such as the number of employees to be moved, and if Mr. Murphy will be compensated for the additional responsibilities. Chairman Williams said there are three positions to be moved, and that Mr. Murphy will not be compensated for this at this point. The people in these positions will remain in the Treasurer’s Office. Ms. Price said that this move is against the Rules of Order by taking away the duties and responsibilities of an elected official. Mr. Troy questioned in the resolution, regarding the management and investment of cash. Chairman Williams said he believes the Budget & Finance Committee should establish an advisory investment committee to oversee this. Ms. Arnold made a motion to further amend the resolution to section to include “under the oversight of the Budget & Finance Committee.” Seconded by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Chairman Williams called for a roll call vote on the resolution, as amended. (see attached). The motion was approved with a weighted vote of Agenda Item No. 29 became: 175 ---PAGE BREAK--- ON MOTION OF MS. ARNOLD RESOLUTION NO. 208-11 A Resolution to Transfer Duties and Responsibilities to the Office of County Administrator / Budget Officer WHEREAS, the Cortland County Legislature, in its continuing efforts to improve the financial operations of the County of Cortland, has decided it is in the best interest of the County to reassign certain duties, AND WHEREAS, the elected position of Cortland County Treasurer will continue as the chief fiscal officer of the County and continue to perform those powers and duties set forth in the laws of the State of New York, some staff members of the Treasurer’s Office and certain financial functions will be transferred to the Office of the County Administrator / Budget Officer in order to accomplish the goal of more efficient financial operation, NOW, THEREFORE BE IT RESOLVED, Effective August 1, 2011, the following duties shall be transferred to the Office of County Administrator / Budget Officer: Accounting: i. Keep records of revenues, appropriations, encumbrances and expenditures, and prescribe approved methods of accounting for County officers and administrative units. ii. Ensure proper application and use of the County accounting system and procedures to provide complete and accurate accounting for financial transactions. iii. Review all requisitions to determine that sufficient funds exist with which to pay them. iv. Manage the county fund balances to ensure that they are adequate and sufficient to meet operating needs. v. Keep separate accounts for each County officer and department and maintain the funds of the County as prescribed by law and in accordance with the directives of the County Legislature. vi. Prepare financial reports of the revenue, expenses and balances of the County. vii. Maintain ledger and journal account balances and reconcile bank statements and accounts. Determine and report the financial and budgetary impact on the County of i. all proposed county policy decisions / resolutions; ii. changes in state and/or federal budgets; and iii. any changes in environmental factors. Manage the recording and investment of cash. Monitor and analyze the current financial position of the County and forecast future results. Periodically audit the cash and fiscal records of all county departments in order to implement fiscal efficiencies for County operations. Review and analyze department budgets, identifying variances and recommending necessary corrective action to the County Legislature. 176 ---PAGE BREAK--- On or before the 1st day of March each year, submit financial reports to the County Legislature summarizing the fiscal condition of the County as of December 31st of the previous year. Furnish such additional financial reports as requested from time to time by the County Legislature. Keep a record of all bonded indebtedness and other loans. May require any County officer or department head to furnish an inventory of supplies and/or equipment on hand and necessary purchases contracted for or contemplated. Additional and related duties as may be directed by the County Legislature. The elected County Treasurer shall continue as the chief fiscal officer of the County, and continue to perform those powers and duties set forth in the laws of the State of New York. Agenda Item No. 30 – County Treasurer – Reallocate Salary Grade (Management Compensation Plan) On motion of Ms. Arnold. Seconded by Ms. Gofkowski. Ms. Arnold distributed an amendment to the resolution, striking the words “and responsibilities” in the first clause, and “and the necessity of changing the position from full-time to part-time (17 hours per week) effective with the term of office,” from the second clause. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The motion to amend was approved. Mr. Fuller said the reduction in pay is too drastic. Mr. Waldbauer asked what would happen if the candidate for Treasurer withdraws. Chairman Williams said that a write-in candidate can be elected, or the Governor’s office would appoint a Treasurer. Chairman Williams called for a roll call vote (see attached). The motion failed with a weighted vote of 24,180. Ms. Arnold said she would like to bring this back through her committee again. Agenda Item No. 31 – Authorize Auctioneer for Sale of County Properties (County Treasurer) On motion of Ms. Arnold. Seconded by Mr. Parker. Mr. Purser said that Manasse will add a $200 fee on each successful bidder to cover the costs of preparing the deeds. Mr. Purser said a clarification need to be made, because the deed preparation includes the deed, a Transfer Tax Statement and an equalization assessment form. Mr. Purser is waiting to hear back from Manasse on this. Ms. Arnold made a motion that the resolution be contingent upon the auctioneer agreeing to prepare the deed and other necessary documents. Seconded by Mr. Willcox. All members voting in favor of the amendment, none opposed. Mr. Waldbauer asked what the alternative is if Manasse will not do the necessary work, and if the resolution can then default to the third and final proposal (Auctions International). Mr. Purser said Auctions International has prepared the deeds for such an auction in the past. Deputy Treasurer Ms. Kennedy said Auctions International charged the County $200, rather than the bidder. Mr. Purser said if Manasse will not prepare all necessary paperwork, then if there is only one proposed auctioneer left, it is implied that the third proposal will be contracted with. All members voting in favor; none opposed. Agenda Item No. 31 became; ON MOTION OF MS. ARNOLD RESOLUTION NO. 209-11 Authorize Auctioneer for Sale of County Properties County Treasurer WHEREAS, Resolution 145-11 authorized a contract with Haroff Auction and Reality, Inc. of Schroon Lake, NY, for the auction of In Rem Tax Foreclosure: Index 09-631, AND 177 ---PAGE BREAK--- WHEREAS, Haroff Auction and Reality has withdrawn their proposal prior to the contract being executed, AND WHEREAS the Treasurer’s Office has received proposals from the following New York State licensed auctioneers: AUCTIONS INTERNATIONAL, INC 808 Borden Road Buffalo, NY 14227 MANASSE and SONS AUCTIONEERS 2924 US Route 11 Whitney Point, NY 13862 Haroff Auction and Realty, Inc. 100 Pine Land Schroon Lake, NY 12870 , NOW THEREFORE BE IT . RESOLVED that the Chairman of the County Legislator, upon review and approval of the County Attorney, is hereby authorized to execute a Contract with Manasse and Sons Auctioneers, 2924 US Route 11, Whitney Point, NY 13862 for the 2009 foreclosed properties. Agenda Item No. 32 - 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 Ms. Arnold. Seconded by Ms. Briggs. BDC/IDA Director Garry VanGorder told the legislature this is an incentive that will hopefully allow the County to bring in new businesses that do business in foreign countries. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 210-11 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 178 ---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 two magnet sites at the Finger Lakes East Business Park and 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 two initial magnet sites including the Finger Lakes East Business Park and 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. The Clerk asked for a motion to suspend the Rules of Order to consider a resolution that was put forward by the Ag/Planning/Env. Committee, but was not ready in time to be included on the agenda. Mr. Troy made a motion to suspend the Rules of Order. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 33 – Requesting the State of New York to Provide and Extended Comment Period on the Revised Draft Supplemental Generic Environmental Impact Statement On motion of Mr. Ross. Seconded by Mr. Troy. All members voting in favor, except Ms. Briggs, who was opposed. Agenda Item No. 33 became: ON MOTION OF MR. ROSS RESOLUTION NO. 211-11 Requesting the State of New York to Provide an Extended Comment Period on the Revised Draft Supplemental Generic Environmental Impact Statement WHEREAS, the Southern Tier and Central New York regions including Cortland County are targeted for natural gas development which involves drilling deep horizontal wells into areas of shale, and 179 ---PAGE BREAK--- the use of the highly controversial method of extracting gas from the shale rock called hydraulic fracturing, AND WHEREAS, companies are buying land rights from landowners across these regions with the expectation that New York State will soon finalize its environmental review and issue regulations allowing hydraulic fracturing, AND WHEREAS, there exists potential for risks and impacts to ground and surface water, air quality, public health, wildlife, agriculture, economic development, etc., AND WHEREAS, New York State is expected to present the Revised Draft Supplemental Generic Environmental Impact Statement in August of 2011, AND WHEREAS, this is a complex and voluminous document that deserves and requires a thorough review to fully understand the potential environmental, geographical, aesthetic and quality of life issues in and around Cortland County, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby requests that the Department of Environmental Conservation and all other interested parties provide a minimum ninety (90) day period for public review and comment on the Revised Draft Supplemental Generic Environmental Impact Statement, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature hereby be directed to transmit a copy of this resolution to Governor Cuomo, DEC Commissioner Joe Martens, Congressman Hannah, Senator Charles Schumer and Senator Kirsten Gillibrand, the NYS Association of Counties, State Senator James L Seward, Barbara Lifton, Brian M. Kolb and Gary Finch. Adjournment Ms. Gofkowski made a motion to adjourn. Seconded by Mr. Willcox. All members voting in favor. The meeting was adjourned. ROLL CALL VOTE Agenda Item No. 29 - Transfer of Duties and Responsibilities to the Office of County Administrator/Budget Officer Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 180 ---PAGE BREAK--- Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 29893 Majority 24300 2/3rd 32400 Agenda Item No. 30 - County Treasurer - Reallocate Salary Grade (Management Compensation Plan) Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 24180 Majority 24300 2/3rd 32400 ROLL CALL VOTE Agenda Item No. 14 - Accept Proposal/Authorize Agreement - EnSol Inc. Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 0 Cornell 2875 1 0 Fuller 3351 1 3351 181 ---PAGE BREAK--- Gofkowski 1973 1 0 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbauer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 0 Total 48599 12412 Majority 24300 2/3rd 32400 Cortland County Legislature August 25, 2011 6:00 P.M. Minutes Order of Business Chairman Williams 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. Approval of Minutes Ms. Price made a motion to approve the minutes of the July 28, 2011 Regular Meeting. Seconded by Ms. Cobb. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Privilege of the Floor was granted to Ms. Corrie Oustad of Homer. Ms. Oustad, the president of the Cortland County Board of Realtors spoke in opposition to Agenda Item No. 3, To Impose And Collect Transfer Tax On Conveyances Of Interest In Real Property. She said approving this would create a depressed housing market and increase closing costs in Cortland County, which already has some of the highest closing costs in the Country. Ms. Lee Miller was granted Privilege of the Floor. Ms. Miller spoke in opposition to Agenda Item No. 8, to hire a consultant regarding the draft Solid Waste Local Law the legislature is working on. She urged the Legislature to consult with government agencies for their answers, rather than hiring a consultant. She offered to assist in the SEQR process. Receive & File 182 ---PAGE BREAK--- Mr. Durland Siglin of the Onondaga Nation presented the Clerk with a survey from the Commonwealth of on the effects and impacts of gas drilling wells. Ms. Price made a motion to receive the survey, and asked that copies be provided to all legislators. Seconded by Mr. Cornell. All members voting in favor; none opposed. New Business Agenda Item No. 1 – Abolish/Create Treasurer/Department/County Administration – Deputy County Treasurer/Fiscal Manager On motion of Ms. Arnold. Seconded Mr. Willcox. Ms. Arnold said due to the restructuring of the Treasurer’s Office in July, this resolution more properly describes the responsibilities and duties of the position. Mr. Purser said the Deputy Treasurer position was created by a resolution, and may therefore be abolished by a resolution. He said there are no local laws or state statutes that require the position. Ms. Arnold said the Treasurer still has the right to deputize a person in that office to act in their stead in case of an absence. Ms. Briggs said the County Administrator has not shared a plan as to how this position and the others relocated last month, are going to function. She said the public and town officials need to know who to go to get information on fiscal matters in the County. All members voting in favor, except for legislators Briggs, Spaulding, Harnett, Bushnell, Cornell who was opposed. Agenda Item No. 1 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 212-11 Abolish Create Treasurer Department/County Administration Deputy County Treasurer/ Fiscal Manager WHEREAS, the needs of the County will be better served by abolishing one full-time position of Deputy County Treasurer and creating one full-time position of Fiscal Manager, AND WHEREAS, the Budget and Finance Committee recommends the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Deputy County Treasurer in the Treasurer’s Department (Grade 8 $44,424-$54,049, Management Compensation Plan, competitive class) be and hereby is abolished effective August 25, 2011, AND BE IT FURTHER RESOLVED, that one full-time position of Fiscal Manager in the County Administration (Grade 8 $44,424 - $54,049, Management Compensation Plan, competitive class) be created effective August 26, 2011, AND BE IT FURTHER RESOLVED, that the current incumbent will continue in this re-titled position without any changes to status, benefits, or salary. Agenda Item No. 2 – Transfer Funds/Bridge Repair (Highway) On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 213-11 Transfer Funds/Bridge Repair Highway Department WHEREAS, the Cortland County Highway Department has been issued a Structural Flag by New York State Department of Transportation on the Crains Mills Road Bridge BIN 331240, AND 183 ---PAGE BREAK--- WHEREAS, the Cortland County Superintendent of Highways has recommended that the Crains Mills Road Bridge must be rehabilitated in 2011, AND WHEREAS, the Cortland County Highway Department is currently designing the repairs needed for the said structure, which will require resources to be shifted from various accounts within the existing County Highway Department Budget to address the structural deficiencies, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following accounts are hereby established and or modified, AND BE IT FURTHER RESOLVED, that Cortland County Superintendent of Highways is hereby authorized to obtain any and all materials & services necessary for the Rehabilitation of the Crains Mills Road Bridge BIN 331240, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Decrease Expense: D51105.54065.10 $15,000.00 Shoulders.-Equip. D51105.54077.03 $15,000.00 Crack Sealing-Materials D51105.54077.10 $ 5,000.00 Shoulders- Materials D51105.54077.12 $18,000.00 Surface Treatment-Materials Increase Expense: D51105.54065.01 $15,000.00 Bridge Maintenance-Equip D51105.54077.01 $38,000.00 Bridge Maintenance-Mat. Agenda Item No. 3 - Home Rule Request Transfer Tax - A Resolution Requesting The New York State Legislature To Adopt Appropriate Legislation To Enable The County Of Cortland To Impose And Collect Transfer Tax On Conveyances Of Interest In Real Property In Cortland County On motion of Mr. Park. Seconded by Ms. Gofkowski. Mr. Troy asked for a roll call vote (see attached). The motion failed with a weighted vote of 5,665. Agenda Item No. 4 - Authorizing the Adoption Of The Cortland County Multi- Jurisdictional - All Hazard Mitigation Plan - Fire & Emergency Management Office (FEMO) On motion of Mr. Park. Seconded by Mr. Ross. Deputy Director of Fire & Emergency Management Ms. Brenda DeRusso spoke about the All-Hazard Mitigation Plan. She said this has been in the process for several years, and will allow the County and its municipalities to be eligible for mitigation funds in the event of a declared disaster. She said 10 of the 19 municipalities have already adopted the plan. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 214-11 Authorizing the Adoption Of The Cortland County Multi- Jurisdictional All Hazard Mitigation Plan Fire & Emergency Management Office (FEMO) WHERAS, all of Cortland County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy, AND 184 ---PAGE BREAK--- WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property, AND WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre and post disaster hazard mitigation programs, AND WHEREAS, a coalition of Cortland County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies within Cortland County, AND WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature: 1) Adopts in its entirety, the Cortland County Multi-Jurisdictional All-Hazard Mitigation Plan (the “Plan”) as the jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the actions identified in the Plan that pertain to this jurisdiction; 2) Will use the adopted and approved portions of the Plan to guide pre- and post disaster mitigation of the hazards identified; 3) Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority; 4) Will continue its support of the Mitigation Planning Committee as described within the Plan; 5) Will help to promote and support the mitigation successes of all participants in this Plan; 6) Will incorporate mitigation planning as an integral component of government and partner operations; and 7) Will provide an update of the Plan in conjunction with the County no less than every five years. Agenda Item No. 5 – Award Contract – State Homeland Security Program FY2009 for Management and Administration Consultant On motion of Mr. Park. Seconded by Mr. Troy. Mr. Robert Duell, Director of Fire & Emergency Management said this consultant helps the County administer grants that span several years, and require a cumbersome amount of paperwork. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 215-11 Award Contract Fire & Emergency Management State Homeland Security Program (SHSP) FY2009 Management & Administration Consultant WHEREAS, per the State Homeland Security Program (SHSP) FY2009 Grant Guidance Document, a percentage of the total award may be used to hire a Management & Administration (M & A) Consultant to assist the Implementing Agency (Cortland County Fire & Emergency Management Office [FEMO]) to manage and administer the SHSP FY2009 (08/01/2009 to 07/31/2012) grant award, AND 185 ---PAGE BREAK--- WHEREAS, Cortland County received an executed Budget Modification Request from NYS Office of Homeland Security that modified the original three-year grant and authorizes the County of Cortland to hire a Management & Administration Consultant at a cost of 3% ($1,799.00) of the total grant award ($59,972.00) for the balance of this grant period, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby enters into a service agreement with the SHSP FY2009 Management & Administration (M & A) Consultant, Charles S. Sherman, 7 Chestnut Street, Cortland, NY 13045 to perform the specific scope of work activities for the period 8/25/11 to 7/31/12 as per a revised scope of work (Article I of the attached agreement) at an agreed compensation not to exceed $1,799.00 for services rendered per said Article I. Agenda Item No. 6 - To Make A Determination Of Significance As Part Of The Completion Of The SEQRA Process Where The Cortland County Legislature Serves As The Lead Agency For The Proposed Emergency Radio Communications System Project. Mr. Park pulled this resolution from the agenda. Agenda Item No. 7 - Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Authorize Construction and Construction Inspection Contracts – Obstruction Removal - Cortland County Airport/Highway Department On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor, except Ms. Briggs, who was opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 216-11 Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), Authorize Construction and Construction Inspection Contracts – Obstruction Removal 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, based on its regulatory authority associated with Cortland County Airport, is requiring the County, by virtue of said federal grant assurances, to mitigate certain identified obstructions to safe avigation within Federal Aviation Regulation (FAR) Part 77 and/or OIS approach surfaces to Runway 6-24 at Cortland County Airport, and is requiring the County to provide for the safety of individuals on the ground in the Runway Protection Zones (RPZ’s) associated with Runway 6-24, AND WHEREAS, the County of Cortland desires to a) Support and maintain the highest possible utilization of the Cortland County Airport Runway 6-24; b) Mitigate said obstructions to safe avigation within said approach surfaces; and c) Provide for the safety of individuals on the ground within the RPZ’s associated with Runway 6-24, AND 186 ---PAGE BREAK--- WHEREAS, the FAA and NYSDOT now intend to offer Federal and State grant funding for the Construction and Construction Inspection Contracts to accomplish said Obstruction Removal at Cortland County Airport, AND WHEREAS, the funding for said Contracts will be available at participation levels of up to 95% Federal ($712,500.00), 2.5% State ($18,750.00) and 2.5% Local (County) funding ($18,750.00) for a total estimated cost of $750,000.00, AND WHEREAS, the Local (County) funding amount of $18,750.00 is already wholly appropriated as part of the amount in Account No. A56105.52253 in the 2011 Airport Budget, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby accepts said FAA and NYSDOT grants for Construction and Construction Inspection Contracts for Obstruction Removal project at Cortland County Airport at said funding levels, at a total project cost not to exceed $750,000.00, 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 $750,000.00, AND BE IT FURTHER RESOLVED, that the Local (County) funding amount of $18,750.00 be transferred to the project revenue account from Account No. A56105.52253 in the 2011 Airport Budget, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the County Budget as follows to account for said project: Increase: Expenditure: H56105 52253 5601 Airport Obstruction Removal Expense $750,000.00 Increase: Revenue: H561044 44597 5601 Federal Revenue $712,500.00 H561043 43597 5601 State Revenue $ 18,750.00 H561049 45031 5601 Interfund Transfer Revenue $ 18,750.00 Agenda Item No. 8 – Amend Resolution/Contract - Barton & Loguidice (Highway/Landfill) Mr. Fuller pulled the resolution from consideration. Agenda Item No. 9 – Authorize Agreement/Accept Funds – Immunization Action Plan Grant (Health/Nursing) On motion of Mr. Pace. Seconded by Mr. Fuller. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. PACE RESOLUTION NO. 217-11 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization Action Plan Grant) 187 ---PAGE BREAK--- WHEREAS, the NYS Dept. of Health has awarded the Cortland County Health Dept. $30,000 for the period 4/1/11 through 3/31/12 to continue the Immunization Action Plan Grant (IAP) to improve immunization levels of people in Cortland County, AND WHEREAS, these funds are in the 2011 County budget in accounts A40105-A40115.1005-51010 $20,000 (Personnel), A40105-A0115.58020-58060 $5,370 (Fringe), A40115.54000-54078.4032 $4,630 (Contractual), and A401143.53450.4032 $30,000 (IAP 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 the NYS Dept. of Health to accept these funds. Agenda Item No. 10 – Authorize Agreement with Coughlin & Gerhart, LLC On motion of Mr. Pace. Seconded by Ms. Price. Mr. Pace said this will allow the County to contract with legal representatives, if necessary, during the contract negotiations with the Sheriff’s Department and union employees. He noted that there is no monetary figures included, as there is no way to determine how much time, if any will be spent by the firm. All members voting in favor, except legislators Willcox, Briggs, Spaulding, Ross Hartnett, who were opposed. Agenda Item No. 10 became: ON MOTION OF MR. PACE RESOLUTION NO. 218-11 Authorize Agreement with Coughlin & Gerhart, LLC WHEREAS, the Cortland County is in need of legal representation in upcoming negotiations involving interest arbitration with the County Police Association of Cortland County, AND, WHEREAS, Cortland County has received a proposal from Coughlin and Gerhart, LLP, located at temporary and physical address1701 North Street, Building 32, Endicott, NY 13760, permanent address 19 Chenango Street, P.O. Box 2039, Binghamton, NY 13902-2039, AND WHEREAS, Coughlin and Gerhart, LLP provided legal representation for the January 1, 2006 – December 31, 2011 union contract between the parties, AND WHEREAS, funds have been allocated in the 2011 budget in account A14305.54055 and will be allocated in 2012 and 2013 if necessary, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney is authorized to enter into an agreement with Coughlin & Gerhart, LLP, for such purposes for a term expiring December 31, 2012, or, as it relates to the agreement regarding labor negotiations involving interest arbitration until such time as negotiations are concluded. Agenda Item No. 11 – Amend Budget – Title V Senior Community Service Employment Program (Aging) On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MS. PRICE RESOLUTION NO. 219-11 Amend Budget Area Agency on Aging (Title V Senior Community Service Employment Program) 188 ---PAGE BREAK--- WHEREAS, funds in the amount of $9,159.25 from the 2009-10 Title V Senior Community Service Employment Program must be re-appropriated for the period July 1, 2011 through December 31, 2011, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-54083 4333 Supportive Services +$9,159.25 Revenues: A677244-43772 4333 Federal Aid – Title V +$9,159.25 Adjournment Mr. Cornell made a motion to adjourn. Seconded by Ms. Cobb. All members voting in favor. The meeting was adjourned. ROLL CALL VOTE Agenda Item No. 3 - Home Rule Request Transfer Tax - A Resolution Requesting The New York State Legislature To Adopt Appropriate Legislation To Enable The County Of Cortland To Impose And Collect Transfer Tax On Conveyances Of Interest In Real Property In Cortland County Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 0 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 0 Hartnett 2334 1 0 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 Total 48599 5665 Majority 24300 2/3rd 32400 189 ---PAGE BREAK--- Cortland County Legislature September 22, 2011 6:00 P.M. Minutes Public Hearing Chairman Williams opened the public hearing at approximately 6:03 p.m., to consider Local Law No. 2 of 2011 – A Local Law To Authorize the Enclosure of Notices with Tax Bills, also known as the Truth in Taxation Law. As there was no one who wished to speak, Chairman Williams closed the meeting. Chairman Williams opened the public hearing to consider Local Law No. 3 of 2011 – Amending Local law No. 2 of the Year 2009, Imposing a Mortgage Recording Tax. As there was no one who wished to speak, Chairman Williams closed the meeting. Order of Business Chairman Williams opened the meeting at 6:06 p.m., followed by the Salute to the Flag. The Clerk requested a moment of silence for former Legislator Lionel “Lynn” Gokey, who from 1975 through 1983. 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 August 25, 2011 Regular Meeting. Seconded by Mr. Cornell. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Privilege of the Floor was granted to Ms. Lee Miller of McGraw, who offered to assist the Legislature in any SEQR work that may need to be done in relation to the landfill or Solid Waste Local Law, or act as a consultant free of charge. Privilege of the Floor was granted to Mr. Gene Barker of Freetown. Mr. Barker said he is opposed to any expansion of the landfill, including out-of-County haulers coming into the County. Privilege of the Floor was granted to Mr. John Carroll of Virgil, who spoke in support of the reduction in salary of the County Treasurer. He compared the position to that of the Mayor of the City of Cortland, who is paid $25,000, and referenced that there are no minimum qualifications for the Treasurer. Proclamations & Recognitions The Clerk read a Recognition thanking the Cornell Cooperative Extension’s Cortland County Master Gardener Volunteers for their efforts in improving and maintaining the gardens at the Courthouse and County Office Building, and throughout the County. Legislator Danny Ross presented the proclamation to Claudia Hitt and Lucy McGee of Cooperative Extension. The Clerk read a Proclamation proclaiming October as Disability Employment Awareness Month. Legislator Sandy Price presented the proclamation to Robin Sandwick of Employment & Training’s One- Stop Career Center. 190 ---PAGE BREAK--- The Clerk read a Recognition thanking Judy Davison, Director of Employment and Training Grant Administration, for her 32 years of service to the County, and congratulating her on her upcoming retirement. Presentation of Petitions, Communications and Notices Mr. Paul Allen, President of the Board at Lime Hollow Nature Center, presented Chairman Williams with a recognition from the Cortland County Legislature for its contributions to Lime Hollow, and its partnership with the Seven Valley’s Health Coalition on upgrades to the Lehigh Valley Trail. Receive & File The Clerk referenced two items to Receive & File. The first was a letter from Independent Auditor Rick McNeilly expressing his approval of the current state of accounting issues in the Treasurer’s Office. The second document was the SEQR Supplement to the Full Environmental Assessment Form for the Emergency Radio Communications System Project. For those not in attendance, Chairman Williams read Mr. McNeily’s letter as follows: “I was asked by a couple of legislators to comment on the current state of accounting issues in the Treasurer’s office that we have discussed in the past. Per discussions with personnel and observations, I believe the cash reconciliations are up to date and correct through July 2011. The 2011 due to/due from activity has been reconciled to within $1,500 through July 2011. Consequently, it appears the two major deficiencies noted in the past are being addressed and corrected. Although it appears good progress is being made it is still imperative that the County management provides oversight over all the day-to-day financial activity in order to insure that all general ledger accounts are current and reconciled.” Mr. Parker made a motion to Receive & File. Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. New Business Agenda Item No. 1 – To Make a Determination of Significance As Part of the Completion of the SEQRA Process Where the Cortland County Legislature Serves as the Lead Agency For the Proposed Emergency Radio Communications System Project On motion of Mr. Park. Seconded by Ms. Gofkowski. The Clerk noted that due to last minute changes in the project, the final “Whereas” clause which refers to the “Quail Hill” tower site needs to be struck. Mr. Ken Teter explained the resolution, saying that he and attorney Pat Snyder have worked with the team to secure the final tower sites, and reviewed them for any environmental impacts. This report was just received and filed, and serves as a comprehensive review of any potential consequences of the project. He said there will be impacts as a result of this project, but the scope of those impacts must be evaluated. Mr. Teter and Mr. Snyder found the project will not have a significant adverse environmental impact. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 220-11 To Make A Determination Of Significance As Part Of The Completion Of The SEQRA Process Where The Cortland County Legislature Serves As The Lead Agency For The Proposed Emergency Radio Communications System Project WHEREAS, the Cortland County Legislature has been pursuing funding and all appropriate approvals for the above project, and as part of that process is required to conduct a comprehensive environmental review of the project pursuant to the SEQRA regulations, AND WHEREAS, the Cortland County Legislature has undertaken that SEQRA review and has completed Parts 1 and 2 of the Full Environmental Assessment Form (EAF), AND WHEREAS, Cortland County has engaged the services of Kenneth J. Teter, PE, of Teter & Teter Design Consultants, 32 Clinton Street, Homer, New York, to provide environmental engineering services 191 ---PAGE BREAK--- including the preparation of environmental reports, a full environmental assessment form (EAF), mapping, attendance at public meetings, and related environmental responsibilities concerning the Interoperable Communications Project and compliance with SEQRA, but not including the preparation of a full Environmental Impact Statement (EIS), AND WHEREAS, the Cortland County Legislature has considered all impacts and issues related to the project and utilized the criteria presented in Part 617, Section 617.7 (a thru NOW THEREFORE BE IT RESOLVED, that for the purposes of completing the SEQRA review for said project, the County Legislature has determined that the proposed Cortland County Emergency Radio Communications System Project will not have a significant adverse environmental impact. Be it further resolved that all of the required documentation to support this determination, which is termed a Negative Declaration, be completed and forwarded to the appropriate agencies as required under the SEQRA Regulations of Part 617. Chairman Williams asked if there were any objections to considering all resolutions related to the Emergency Interoperable Communications System. Seeing none, the Clerk introduced: Agenda Item No. 19 – Resolution to Authorize Motorola Solutions, Inc. to Proceed With Construction Phase and Full Completion of Contract for the Installation of the County-Wide Emergency Interoperable Radio Communications Project On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 221-11 Resolution to Authorize Motorola Solutions, Inc. to Proceed With Construction Phase and Full Completion of Contract for the Installation of the County-Wide Emergency Interoperable Radio Communications Project WHEREAS, Cortland County (County) has entered into a contract with Motorola Solutions, Inc. (Motorola) dated February 25, 2011 for the design, construction and installation of a county-wide interoperable radio communications system pursuant to County Resolution 35-11, AND WHEREAS, said contract provided that Motorola would not proceed to the Construction Phase of the contract until the Design Phase and SEQRA review findings had been completed and were acceptable to the County, AND WHEREAS, the full Environmental Assessment Form having been duly considered, and a negative declaration having been adopted, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the County Legislature shall notify Motorola of its intention to proceed with the Construction Phase and full completion of its contract with Motorola dated February 25, 2011, AND BE IT FURTHER RESOLVED, that the County designates the County Administrator and/or the Chairman of the Legislature as agent for the County to execute any change orders regarding the radio communications contract with Motorola. Agenda Item No. 27 – Resolution To Authorize Execution Of Option Agreements To Purchase Four Parcels Of Land For Interoperable - Radio Communications Project 192 ---PAGE BREAK--- On motion of Mr. Williams. Seconded by Mr. Parker. Ms. Price asked for a friendly amendment to add the word “exchange” to the title of the resolution for clarification. There were no objections. Ms. Briggs asked how the price per parcel were determined. Mr. Purser said the group working on the project determined a price they thought was fair, and they were able to stay within that price, though some negotiations were necessary and at least one site was changed due to a higher monetary request. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 222-11 Resolution To Authorize Execution Of Option Agreements To Purchase/Exchange Four Parcels Of Land For Interoperable - Radio Communications Project WHEREAS, Cortland County (County) has entered into a contract with Motorola Solutions, Inc. (Motorola) dated February 25, 2011 for the design, construction and installation of a county-wide interoperable radio communications system pursuant to County Resolution 35-11, AND WHEREAS, the County has considered the full Environmental Impact Assessment Form and has elected to proceed with the Construction Phase and full completion of its contract with Motorola, AND WHEREAS, the County has an Option to Purchase Agreement on four parcels of land needed for the Interoperable Radio Communications Project, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the County Legislature, with the approval of the County Attorney, execute an Option to Purchase Agreement for the sum of $7,500.00 for each of the following parcels: 1. Harlan and Mary Pudney Potter Hill Road, Town of Taylor Tax Parcel No.: 82.00-01-04 2. Anne Henderson East Hill Road, Town of Preble Tax Parcel No.: 28.00-01-17.100 3. Richard and Karen Fritts Fritts Hill Road Tax Parcel No.: 155.00-01-01.000 , AND BE IT FURTHER RESOLVED, that the County exchange a parcel of land on Richmond Hill Road in the Town of Cuyler of approximately 3.75 acres (Tax Parcel No.: 32.00-03-05.000) for a parcel of land 175 feet by 350 feet located on Richmond Hill Spur Road owned by Glenn and Sally Forshee, (Tax Parcel No.: 22.00-01-52.000) pursuant to an Agreement dated July 14, 2011 and that the County Attorney prepare and approve the necessary documents to complete the transfer. Agenda Item No. 2 – Amend 2011 Budget/Transfer Funds – Sheriff’s Department/Jail to Road (Fuel) On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor. ON MOTION OF MR. PARK RESOLUTION NO. 223-11 Amend 2011 Budget/Transfer Funds 193 ---PAGE BREAK--- Sheriff's Department/Jail to Road (Fuel) WHEREAS, due to the increase use of fuel in order to maintain road patrols, AND WHEREAS, the cost of fuel has increased to beyond the budgeted amount causing a deficit in the fuel account, NOW, THEREFORE, BE IT RESOLVED, that the 2011 County Budget is hereby amended as follows: Decrease: Expenses: Jail – Patient Expense (Medical Services) A31505-54500 $30,000.00 Increase: Expenses: Sheriff – Fuel A31105-54078 $30,000.00 Agenda Item No. 3 – Amend 2011 Budget/Transfer Funds – Sheriff’s Dept/Jail (Vehicle Expense) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 224-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail to Road (Vehicle Expense) WHEREAS, due to the increase need for vehicle fleet maintenance in order to maintain vehicles for road patrols, AND WHEREAS, the cost of vehicle maintenance has increased to beyond the budgeted amount causing a deficit in the vehicle maintenance account, NOW, THEREFORE, BE IT RESOLVED, that the 2011 County Budget is hereby amended as follows: Decrease: Expenses: Jail – Patient Expense (Med Services) A31505-54500 $10,000.00 Increase: Expenses: Sheriff - Vehicle Expense (Maintenance) A31105-54300 $10,000.00 Agenda Item No. 4 – Amend 2011 Budget/Transfer Funds – Sheriff/Jail (Overtime Pay) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 225-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail (Overtime Pay) 194 ---PAGE BREAK--- WHEREAS, due to the increase use of overtime pay in order to fill positions, fixed post, in the jail and hospital details and due to shortages of personnel, AND WHEREAS, the cost of Overtime pay has increased to beyond the budgeted amount causing a deficit in the overtime account, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget is hereby amended as follows: Decrease: Expenses: Jail – Personal Services A31505-51005 $25,000.00 Jail – Misc. Support Services A31505-54083 $20,000.00 Increase: Expenses: Jail – Overtime A31505-51020 $45,000.00 Agenda Item No. 5 – Resolution Amending Resolution 216-11 – Obstruction Removal – Airport/Highway On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. FULLER RESOLUTION NO. 226-11 Resolution Amending Resolution 216-11 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, bids were opened September 2, 2011, and costs exceeded those established in Resolution No. 216-11, NOW THEREFORE BE IT RESOLVED, that Resolution No. 216-11 is hereby amended as follows: 1. The funding for the said Contracts shall be at participation levels of up to 95% Federal ($883,500.00), 2.5% State ($23,250.00), and 2.5% Local (County) funding ($23,250.00) for a total estimated cost not to exceed $930,000.00. 2. Local (County) funding amount shall be transferred to the project revenue account from Account No. A56105.52253 in the 2011 Airport Budget. 3. The County Treasurer is hereby authorized and directed to amend the County Budget to account for the amended totals for said project. Agenda Item No. 6 – Amend 2011 Budget – Recognizing Insurance Recovery Funds/Highway Department On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor, none opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 227-11 195 ---PAGE BREAK--- Amend 2011 Budget Recognizing Insurance Recovery Funds Highway Department WHEREAS, the County of Cortland Bridge 3312230 on Cold Brook Road (CR 102) and Bridge 3311980 on Clarks Corners Road (CR 133) were damaged due to a motor vehicle accidents, AND WHEREAS, the revenue recovered has been requested by the County Highway Superintendent to be utilized to cover the needed bridge repairs, NOW, THEREFORE, BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following accounts be and hereby modified, AND, BE IT FURTHER RESOLVED, that the 2011 County Budget be amended as follows: Increase: Revenue D501042.42680 $25,339.00 Insurance Recovery Expense D51105.54077.01 $15,339.00 Bridge Maintenance-Mat. D51125.54077.7298 $10,000.00 McGraw Marathon Culvert-Mat Agenda Item No. 7 – Authorizing the Acceptance of All Property Acquired by the State of New York for the Truxton-Tully Road Reconstruction Project On motion of Mr. Fuller. Seconded by Mr. Steger. Ms. Gofkowski said she met with representatives from Suit Kote and Congressman Hannah regarding this project and thanked them for their support of this project. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 228-11 Authorizing The Acceptance of All Property Acquired By The State of New York For The Truxton- Tully Road Reconstruction Project Highway Department WHEREAS, the New York State Department of Transportation is acquiring certain rights-of- way, easements and titles to premises in conjunction with the Truxton-Tully Road Reconstruction Project, PIN 3755.45, AND WHEREAS, the New York State Department of Transportation has estimated the Right-of-Way acquisition phase at $191,850.00, AND WHEREAS, the New York State Department of Transportation requires that the County of Cortland to submit a payment of 20% of the estimated Right-of-Way to the New York State Department of Transportation, AND WHEREAS, the New York State Department of Transportation requires that the County of Cortland accept all real property acquired by the State for the Project, AND WHEREAS, it is necessary for the Cortland County Legislature to agree to accept the real property acquired by the State of New York for the Truxton-Tully Road Reconstruction Project, PIN 3755.45, NOW, THEREFORE, BE IT 196 ---PAGE BREAK--- RESOLVED, that the Cortland County Legislature does authorize the acceptance of the deed of all real property acquired by the State of New York for the Truxton-Tully Road Reconstruction Project, PIN 3755.45, 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 any and all document necessary to accept by deed all real property being transferred from the State of New York to the County of Cortland for the Truxton- Tully Road Reconstruction Project, PIN 3755.45, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to make payment from account #H51125 52600 5126 in the amount of $38,370.00 to the New York State Department of Transportation, 333 East Washington Street, Syracuse, New York 13202. Agenda Item No. 8 – Approve Contract for Engineering – Truxton Tully Road/Highway On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor, except Mr. Willcox, who was opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 229-11 Approve Contract For Engineering Truxton-Tully Road/Highway Department WHEREAS, the Reconstruction of Truxton-Tully Road (C.R. 150) between Edwards Road 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 & 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, 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 design services on the project, at an estimated cost not to exceed $ 397,530.00, AND BE IT FURTHER RESOLVED, that the project costs be charged to Account #H51125 52600 5126. Agenda Item No. 9 – Award Highway Equipment – Used Man Lift On motion of Mr. Fuller. Seconded by Mr. Bushnell. All members voting in favor; except Ms. Briggs, who was opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 230-11 Award Highway Equipment – Used Man-lift Highway Department WHEREAS, the Highway and Buildings & Grounds Committees have approved the purchase of a used Man-lift, AND 197 ---PAGE BREAK--- WHEREAS, the Highway Superintendent has recommended the purchase of One 1999 Sky Jack Boom Lift, from Integra Supply Corporation, with bids as follows: Used Man-Lift BIDDER BID Integra Supply Corporation $25,250.00 P.O. Box 1177 Tully, NY 13159 Milton Cat $65,500.00 294 Ainsley Drive Syracuse, NY 13210 , AND WHEREAS, the amount is not to exceed $25,250.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account E51305.52035 in the amount of $12,625.00, Highway Equipment Account and Account A16205.52035 in the amount of $12,625.00, Buildings and Grounds Equipment Account for the purchase of One 1999 Sky Jack Boom Lift, from Integra Supply Corporation, P.O. Box 1177, Tully, NY 13159. Agenda Item No. 10 – Amend Resolution/Contract – Barton & Loguidice – Highway/Landfill On motion of Mr. Fuller. Seconded by Mr. Ross. Chairman Williams distributed a copy of the Barton & Loguidice proposal. Ms. Gofkowski said the $2,500 in the resolution is for more than just the SEQR work, which is proposed for only $400. Mr. Troy said the legislature had not received a copy of this proposal until now, though it was distributed to the Highway Committee. He said the proposal includes a review of the BUD material, and believes the County can determine acceptable BUD material with assistance from the DEC. Ms. Arnold asked that the DEC be invited to an upcoming Highway Committee meeting, whether this resolution passes or not. Mr. Fuller said that he would invite them. Ms. Briggs made a motion to table the resolution. Seconded by Ms. Price. Chairman Williams called for a roll-call vote. (attached). The motion failed with a weighted vote of 22,934. Chairman Williams called for a roll call vote on the resolution itself. (see attached). The motion was approved with a weighted vote of 28,540. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 231-11 Amend Resolution/Contract Barton & Loguidice Highway Department/Landfill WHEREAS, Resolution 14-11 authorized the County to execute a contract with Barton & Loguidice, 290 Elwood Davis Road, Syracuse, New York 13220, for Professional Engineering Services as related to the Cortland County Landfill, AND WHEREAS, said resolution established the costs of the tasks assigned by the County Highway Superintendent under the Term Agreement with Barton & Loguidice shall not exceed the amount appropriated in Accounts EL81605.54055 and EL81615.54055, ($7,000 per year), AND 198 ---PAGE BREAK--- WHEREAS, additional work is required, outside of the original Term Agreement, for consultation in the review and implementation of a new solid waste law, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney as to form, is hereby authorized and directed to execute an agreement with Barton & Loguidice, with a cost not to exceed $2,500, for work included in the attached proposal, and to be paid out of Account EL 81605 54055, AND BE IT FURTHER RESOLVED that Resolution 14-11 is hereby amended as such. Agenda Item No. 11 – Direct Highway Department to Adjust Water Surface Elevations on Little York Lake On motion of Mr. Fuller. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 232-11 Direct Highway Department to Adjust Water Surface Elevations on Little York Lake/Highway Department WHEREAS, Cortland County Highway Department has historically operated the Little York Lake Dam structures to control Little York Lake Water Surface Elevations, AND WHEREAS, the President of the Little York Lake Improvement Society has requested the NYSDEC and the County of Cortland submit a request for a permit modification to adjust the dates and levels of the Little York Lake, AND WHEREAS, the New York State Department of Environmental Conservation has approved a permit modification that allows the following: 1. Lowering of the elevation of Little York Lake approximately 18” from the normal summer elevation starting on October 11th, 2011 and completed by October 18th, 2011. 2. Between April 16th and May 1st, 2012 the Lake level shall be returned to the normal summer elevation, which has been established as 2” above the weir on the eastern control structure. 3. Lowering of the elevation of Little York Lake approximately 18” from the normal summer elevation starting on October 9th, 2012 and completed by October 16th, 2012. 4. Between April 15th and May 1st, 2013 the Lake level shall be returned to normal summer elevation. NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature, hereby approves and directs the County Superintendent of Highways to make adjustments at the Little York Lake Dam structures to provide for said water surface elevations and schedule until directed otherwise by the New York State Department of Environmental Conservation. Agenda Item No. 12 – Authorize Agreements – Health Department/Children With Special Needs (Contracts for Services) On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 12 became: 199 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 233-11 Authorize Agreements Health Department/Children with Special Needs Division (Contracts for Services) WHEREAS, the Cortland County Health Department, Children with Special Needs Division, Early Intervention Program is required to provide and/or pay for services as approved in an Individualized Family Service Plan (IFSP)/Individual Education Plan (IEP), requiring contracts with such providers, AND WHEREAS, such services include but are not limited to: special instruction, speech pathology, physical therapy, occupational therapy, social work service, nutrition, audiology, transportation, respite, and day care services, AND WHEREAS, the following agencies and individuals contract to provide Early Intervention services (except Respite Services) at the State approved rates (with exceptions noted below): ♦ Amy Chauvin White ♦ Association for Vision and Employment Rehabilitation, Inc. ♦ Aurora of Central New York ♦ Building Blocks ♦ Child Development Council ♦ Children’s Unit for Treatment – SUNY Binghamton ♦ Connections ♦ Cortland Regional Medical Center ♦ Elaine Fisher ♦ Family Enrichment Network ♦ Franziska Racker Center ♦ GraceAnn Forrester ♦ Hear 2 Learn ♦ Home Care for Cortland County (not to exceed $22/hour) ♦ Ithaca College ♦ Karen LaVancha ♦ Liberty Resources POST ♦ Sally Griswold ♦ Stacey Kidder ♦ SUNY Cortland College Daycare, Inc. (not to exceed $4/hour) and other qualified contractors/providers as necessary to meet needs, AND WHEREAS, the current mandated State Approved rates are listed below, but are subject to change by New York State and we must pay the mandated State Approved rates. State Approved Rates Service Coordination Screening Core Evaluation Physical Evaluation Non-Physician Evaluation Hourly Rate Qtr. Hr. Rate $158 $371 $173 $158 200 ---PAGE BREAK--- $55 $13.75 Bilingual Rate Add On $112 Bilingual Rate Add On $41 Bilingual Rate Add On $35 Basic Home & Community Based Individual Collateral Rate Extended Home & Community Based Individual Collateral Rate Office Facility Based Individual Collateral Rate Parent Child Group Rate Basic Group Developmental Intervention Rate $65 $88 $47 $44 $40 Basic Group Developmental Intervention with 1:1 Aide Enhanced Group Developmental Intervention Rate Enhanced Group Developmental with 1:1 Aide Rate Family Support Group ABA Aide Hourly Rate $83 $57 $100 $26 $24 , AND WHEREAS, the YWCA contracts for respite services at $3.90 per hour, AND WHEREAS, monies for the above-referenced services are budgeted in expenditure accounts respectfully: A40595.54500.4052 Medical Fees and Services A40595.54506.4052 Respite , AND WHEREAS, the term of these agreements is January 1, 2012 through December 31, 2013, AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2014, if successor agreements are not executed by January 1, 2014, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are authorized to execute agreements for the provision of said services with fully qualified providers. Agenda Item No. 13 – Authorize Agreement Health Department (Nursing) – MOMS Programs Provider Physicians On motion of Mr. Pace. Seconded by Ms. Gofkowski. Mr. Pace said this allows the County to participate in the NYS Medicaid program to provide services for prenatal care. He said there is no cost to the County. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PACE RESOLUTION NO. 234-11 Authorize Agreement Health Department (Nursing Division) MOMS Programs Provider Physicians 201 ---PAGE BREAK--- WHEREAS, in accordance with Title 10, Section 85.40 Prenatal Care Assistance Program, in order to participate in the NYS Medicaid Program’s targeted obstetrical program known as MOMS (Medicaid Obstetrical and Maternal Services) and to access the enhanced MOMS billing rate, participating physicians, certified nurse-midwives, and nurse-practitioners must have an approved provider agreement with a New York State approved provider of MOMS Health Supportive Services, AND WHEREAS, this agreement is for referral services only and there is no cost to the County for this agreement, AND WHEREAS, the providers of these services are OB-GYN Associates, Renaissance OB-GYN, Dr. Charlotte Hawkins’ Practice, and Cortland Regional Medical Practice, NOW THEREFORE, BE IT WHEREAS, the term of these agreements is January 1, 2012 through December 31, 2014, AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2015, if successor agreements are not executed by January 1, 2015, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are authorized to execute agreements for the provision of said services with OB-GYN Associates, Renaissance OB-GYN, Dr. Charlotte Hawkins Practice, Cortland Regional Medical Practice, and other MOMS providers as needed. Agenda Item No. 14 – Extend Agreement – Health Department/Nursing and Jack Venesky, CPA On motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace said this is extending the contract with Mr. Venesky, who has provided this mandatory service for many years. He added that the CHHA has made it to the floor for consideration at the state level. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PACE RESOLUTION NO. 235-11 Extend Agreement Cortland County Health Department/Nursing Division/Diagnostic and Treatment Center – Jack Venesky, CPA WHEREAS, Cortland County Health Department is mandated to prepare annual certified cost reports for Medicaid and/or Medicare, for multiple programs it operates, AND WHEREAS, such reporting needs will change when the County no longer runs the Certified Home Care Agency, resulting in a renegotiation of the contract with a change in the annual contract amount; AND WHEREAS, Jack Venesky, CPA and Associates is under contract to prepare such cost reports through conclusion of cost reporting year 2010 and Cortland County Health Department and Jack Venesky, CPA and Associates both wish to extend this contract for one additional cost reporting year at the same annual cost as the current contract, AND WHEREAS, monies for the above services will be budgeted in expenditure accounts A40115.54055 Nursing Professional Services ($29,200) and A40355.54055 Jacobus Center Professional Services ($2,800), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, 202 ---PAGE BREAK--- upon review and approval of the County Attorney, are hereby authorized to enter into a one-year agreement extension with Jack Venesky, CPA, to provide cost report software, consulting, and auditing services for the CHHA and D&TC for cost reporting year 2011 for the annual fee of $32,000. Agenda Item No. 15 – Accept Bids/Authorize Purchase – Area Agency on Aging/Nutrition – Miscellaneous Groceries and Frozen Foods On motion of Ms. Price. Seconded by Mr. Bushnell. Ms. Price said with the foods purchased by this resolution more than 15,000 meals in one month. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MS. PRICE RESOLUTION NO. 236-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on September 1, 2011, for the period October 1, 2011 through December 31, 2011, 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 13748 Quandt’s, PO Box 700, Amsterdam, NY 12010 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 October 1, 2011 through December 31, 2011. Agenda Item No. 16 – Authorize Agreement - Employment and Training Department/Cayuga- Cortland Workforce Investment Board (WIB) and The Chief Elected Officials of Cayuga and Cortland Counties On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MS. PRICE RESOLUTION NO. 237-11 Authorize Agreement Employment and Training Department Cayuga-Cortland Workforce Investment Board (WIB) and The Chief Elected Officials of Cayuga and Cortland Counties 203 ---PAGE BREAK--- 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, 2011 and ending June 30, 2012. Agenda Item No. 17 – Authorize Execution of 2011 Reemployment and Eligibility Assessment Agreement On motion of Ms. Price. Seconded by Mr. Cornell. Mr. Willcox asked about the amount of the grant. Ms. Davison answered that a total amount has never been given. She said the grant pays the personnel costs of two employees at each of the one-stop career centers (Cortland and Auburn). The grant has been received since 2006 and there is no cost to the County. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MS. PRICE RESOLUTION NO. 238-11 Authorize Execution Of 2011 Reemployment And Eligibility Assessment (REA) Agreement WHEREAS, the United States Department of Labor has awarded the New York State Department of Labor (NYSDOL) a Reemployment and Eligibility Assessment (REA) grant to implement REA programs at participating One Stop Career Center, AND WHEREAS, the REA grant funds additional local level REA state (NYSDOL) merit staff who provide enhanced services to unemployment insurance (UI) recipients, AND WHEREAS, in accordance with federal REA guidelines, the parties agree to identify reemployment service needs and commit to providing reemployment services as required by the REA grant, AND WHEREAS, the parties confirm their willingness to work cooperatively to implement the REA program, NOW THEREFORE BE IT, 204 ---PAGE BREAK--- RESOLVED, that Chairman of the Cortland County Legislature, the Director of the Cortland County E&T Grant Administration Department, and the Cortland County Director of Employment and Training, upon review and approval by the County Attorney, are hereby authorized to enter into an agreement with NYSDOL to implement the REA program. Agenda Item No. 18 – Amend Budget – Social Services (Aid to Victims of Violence) On motion of Ms. Price. Seconded by Mr. Spaulding. Agenda Item No. 18 became: ON MOTION OF MS. PRICE RESOLUTION NO. 239-11 Amend Budget Department of Social Services (Aid to Victims of Violence) 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 October 1, 2011 through June 30, 2012 with the YWCA in an amount not to exceed $4,250, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4693 Admin-Non-Res DV $4,250 Revenue: A601044.44689.4693 Fed-Administration $4,250 Agenda Item No. 20 – Amend Budget/Transfer Funds Health Department (Patient Expenses) On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 240-11 Amend 2011 Budget/Transfer Funds Health Department (Patient Expenses) WHEREAS, there is need to transfer funds to cover the expenses of the management and staffing contracts with HCR related to the sale of the Certified Home Health Agency, AND WHEREAS, the cost of paying the expenses related to the above-referenced contracts was not budgeted but is incurred due to the pending sale of the Certified Home Health Agency causing a deficit in the patient expense account and a surplus in the personal services account, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget is hereby amended as follows: 205 ---PAGE BREAK--- Decrease: Expenses Personal Expenses A40115-51005 $160,000 Increase: Expenses Patient Expenses A40115-54500 $160,000 AND BE IT FURTHER, RESOLVED, that each month for the remainder of Budget Year 2011, the County Administrator is hereby authorized to transfer appropriate monies from Account Number A29605 54445, to Patient Expenses A40115-54500 as required to cover the expenses related to paying the management and staffing contracts with HCR, which will be offset by an increase in the Revenue Account A2960 43277. Agenda Item No. 21 – Proposed Local Law No. 2 of 2011 On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 241-11 A LOCAL LAW TO AUTHORIZE THE ENCLOSURE OF NOTICES WITH PROPERTY TAX BILLS “TRUTH IN TAXATION IN CORTLAND COUNTY” Be it enacted by the County Legislature of the County of Cortland as follows: SECTION I. LEGISLATIVE INTENT The County Legislature hereby states the intent of this local law is to provide authority for the inclusion of additional information in the property tax bills of its citizens so that they receive accurate and complete tax bill information and county budget information on an annual basis. SECTION II. ANNUAL PROPERTY TAX BILL DATA The Cortland County Budget Officer and the Cortland County Director of Real Property Tax Services are hereby directed to identify the portion of each annual property tax bill dedicated to the following categories within the taxing purpose section of each such bill: a. County Taxes – local share b. New York State Medicaid mandate c. New York State Welfare mandate d. Other New York State and/or Federal mandates SECTION III. TAX BILL FLYER The Cortland County Budget Officer is hereby directed to take any and all action necessary to cause a Tax Bill flyer summarizing financial information regarding New York State and Federal mandates to be included as an enclosure with each annual property tax bill. The Tax Bill flyer shall include the following sections: a. Standard statement defining mandate b. Narrative summary of key financial impacts of State and Federal mandates. c. A chart illustrating mandated portions of the County budget. 206 ---PAGE BREAK--- d. A list of all the names, addresses, and contact information of the Governor, Federal and State Legislators representing areas of the County of Cortland, and reference to the Cortland County website for contact information of Cortland County Legislators. SECTION IV. PROCEDURE The procedures required by this local law shall be carried out in addition to, and in accordance with, other annual tax billing procedures existent within the County of Cortland. SECTION V. 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. 22 – Adopt Local Law No. 3 of 2011 On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor, except Mr. Willcox, who was opposed. Agenda Item No. 22 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 242-11 AMENDING LOCAL LAW NO. 2 FOR THE YEAR 2009 IMPOSING A MORTGAGE RECORDING TAX WHEREAS, the New York State Legislature has amended New York State Tax Law §253-v, (L 2011, Chapter 396), authoring Cortland County, acting through its local legislative body, to adopt and amend local laws imposing in Cortland County a mortgage recording tax expiring November 30, 2013; and WHEREAS, the mortgage recording tax previously authorized by Cortland County Local Law No. 2 for the year 2009 expires December 1, 2011, and the Cortland County Legislature wishes to continue the imposition of the mortgage recording tax as permitted by Tax Law §253-v,NOW THEREFORE BE IT RESOLVED as follows: Local Law No. 2 for the year 2009 is hereby amended to read as follows: Section 1 For the period beginning December 1, 2011 and ending November 30, 2013, 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, 2011, 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, 2011. 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. 207 ---PAGE BREAK--- Agenda Item No. 23 – 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 Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 243-11 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. 245 for the year 2009, is amended to read as follows: SECTION 2. IMPOSITION OF SALES TAX On and after March first, nineteen hundred sixty-eight, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing September 1, 1992, and ending November 30, 2013, 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, 2013, 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, 208 ---PAGE BREAK--- if items of the same kind of tangible personal property are offered for sale by him in the regular course of business, or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the Real Property Tax Law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, of any of the services described in paragraphs and of subdivision of section two, of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs and of subdivision of section two have been performed, of any telephone answering service described in subdivision of section two and,(F) 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, the tax rate shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. For purposes of sub-clause of clause of subdivision of this section, for the period commencing September 1, 1992, and ending November 30, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of 209 ---PAGE BREAK--- four percent, and on and after December 1, 2013, 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, 2013, the tax shall be at the rate of four percent, and on and after December 1, 2013, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause by its author or other creator, shall not be deemed a taxable use by such person.” SECTION 4. Paragraph of subdivision of section eleven of Resolution No. 216 as enacted in nineteen hundred sixty-seven, as amended, is amended to read as follows: With respect to the additional tax of one percent imposed for the period beginning September 1, 1992, and ending November 30, 2013, 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 September 28, 2006, 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 January 1, 2009, for a period of four years: 52.00% of such net collections shall be retained by the County; 18.24% of such net collections shall be allocated and paid to the City of Cortland; 29.76% of such net collections shall be allocated and paid to the towns and villages in the County on the basis of the ratio which the full valuation of real property in each town bears to the aggregate full valuation of real property in all the towns in the County. SECTION 6. This enactment shall take effect on December 1, 2011. Agenda Item No. 24 – County Treasurer – Reallocate Salary Grade (Management Compensation Plan) On motion of Ms. Arnold. Seconded by Mr. Park. Mr. Pace said this salary would be closer to $30,000 beginning Jan. 1 due to a salary increase for management officials in the 2012 budget. Mr. Pace clarified that the position is still a full-time position, but many of the duties have been realigned. Mr. Waldbauer asked about additional costs associated with the transfer of personnel. Chairman Williams said there are none. Mr. Troy suggested waiting a month or two to better determine the scope of the Treasurer’s Office work. Ms. Arnold clarified that the salary of an elected official may not be changed during their term of office without a local law. Chairman Williams noted the 2012 budget will be introduced in October, reviewed in November and Adopted in December. Ms. Briggs reported that in conversations with the 210 ---PAGE BREAK--- Treasurer he has indicated that aside from reconciliation of petty cash accounts, his job has not changed to any great degree. Mr. Fuller said the pay cut is too drastic, and made a motion to amend the resolution to pay the Treasurer $45,000, which is about 75% of the current salary. Mr. Troy seconded the motion. Ms. Briggs said the legislature does not have a clear idea of what the responsibilities of the Treasurer’s Office is and what the changes will cost the County. She said there may be additional costs such as an increase in Mr. Murphy’s salary, or additional office space or additional personnel. Mr. Fuller withdrew his motion to amend the resolution. Ms. Arnold subsequently pulled the resolution. It will be considered again at Budget & Finance in October. Agenda Item No. 25 – Cortland County Policy and Procedures for Auctioning Tax Sale Property On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 244-11 Cortland County Policy and Procedures for Auctioning Tax Sale Property Treasurer's Office WHEREAS, New York State Real Property Tax Law Article 11 outlines the procedures to be followed by Cortland County for the enforcement of collection of delinquent taxes, AND WHEREAS the deadline for payment of delinquent real property taxes is December 31st of each year, AND WHEREAS, the County of Cortland has determined that it is in the best interests of the County to sell through public auction the properties obtained as a result of the foreclosure of tax liens by proceeding in rem, NOW THEREFORE BE IT RESOLVED, that The Cortland County Treasurer shall each year solicit, through a formal request for proposals, an auctioneer to conduct a public auction of those properties foreclosed by the County for non-payment of real property taxes, AND BE IT FURTHER RESOLVED, that The Cortland County Treasurer shall provide the request for proposals to the Budget and Finance Committee for selection of an auctioneer and a proposed contract which is to include advertising of the sale and posting of the properties, subject to approval of the Committee and the Cortland County Legislature, AND BE IT FURTHER RESOLVED, The Cortland County Treasurer shall notify the Cortland County Public Health Director, County Highway Superintendent, and the Real Property Tax Director of the properties subject to auction to advise of any obvious safety or environmental issues, AND BE IT FURTHER RESOLVED, that The Cortland County Treasurer, in conjunction with the auctioneer, shall establish a sale date and make the necessary arrangements with the contracted auctioneer, AND BE IT FURTHER RESOLVED, that all expenses incurred as a result of the auction shall be deducted from the overall auction proceeds. Agenda Item No. 26 – Award Highway Bid – Supplying Timber and Lumber for the Crains Mills Road Bridge 211 ---PAGE BREAK--- On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 245-11 Award Highway Bid – Supplying Timber and Lumber for Crains Mills Rd. Bridge - Highway Department WHEREAS, the Highway Superintendent advertised for bids for Supplying Timber and Lumber for Crains Mills RD. Bridge, AND WHEREAS, The Highway Superintendent has received the following bids for Supply Timber and Lumber for Crains Mills Rd. Bridge and they are as follows: Supplying Timber and Lumber for Crains Mills Rd. Bridge BIDDERS BID Tully Building Supply $25,149.00 24 Onondaga St. Tully, NY 13159 HEP Sales $25,287.00 797 Rte. 13 Cortland, NY 13045 JTS Lumber, Inc. $30,000.00 185 Main St. Cortland, NY 13045 , AND WHEREAS, the lowest responsible bid received for Supplying Timber and Lumber for Crains Mills Rd. Bridge was received from Tully Building Supply, AND WHEREAS, the amount is not to exceed $25,149.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51105.54077.01 Bridge Maintenance Materials for the purchase of Timber and Lumber for Crains Mills Rd. Bridge. Announcements Mr. Williams announced that a report from the County’s auditor, Rick McNeilly, indicates the Landfill lost $1 million in 2010. Copies of the report are in legislator’s mailboxes. Chairman Williams said the County has been contacted by Broome County for permission to dump flood- related refuse at the landfill. He asked for a motion to allow Mr. Chambers to negotiate a price. Mr. Troy made a motion to allow Broome County to tip at the Cortland County landfill, at a price to be negotiated by Broome County, and in accordance with the reimbursement rate from FEMA. Seconded by Ross. All members voting in favor; none opposed. The motion was approved. Adjournment 212 ---PAGE BREAK--- Mr. Cornell made a motion to adjourn. Seconded by Mr. Willcox. The meeting was adjourned at 7:28 p.m. ROLL CALL VOTE To TABLE Agenda Item No. 10 - Amend Resolution/Contract – Barton & Loguidice – Highway/Landfill Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 2362 Waldbaurer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 Total 48599 22934 Majority 24300 2/3rd 32400 ROLL CALL VOTE Agenda Item No. 10 - Amend Resolution/Contract – Barton & Loguidice – Highway/Landfill Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 0 213 ---PAGE BREAK--- Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 0 Waldbaurer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 28540 Majority 24300 2/3rd 32400 Cortland County Legislature October 27, 2011 6:00 P.M. Minutes Order of Business Following a public hearing on proposed Local Law No. 4 of 2011, (Solid Waste Law) Chairman Williams opened the meeting at approximately 7:06 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Park, who was excused. Approval of Minutes Mr. Troy made a motion to approve the minutes of September 22, 2011. Seconded by Ms. Briggs. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Ms. Susan Morgan of Homer spoke in opposition to Agenda Item No. 23. She said several years ago the Legislature recognized inequities in positions outside of the bargaining unit, specifically upper management and Management Confidential employees. They requested that professionals from the NYS Civil Service Office conduct a survey and study to review positions. With the results of this work, the Legislature created a grading system for positions, based on policy formulation, complexity of duties, impact of program administration and other criteria. Salary surveys were done for surrounding counties. She said the minimum qualifications for the Treasurer have not changed since 2005 when the position was evaluated. She said the justification to reduce salary is based on a reduction of duties, however no information or comparative data was presented comparing other positions that are at a Grade 11, such as a coroner, or a fiscal officer trainee. Mr. Patrick O’Mara spoke in opposition to Agenda Item No. 23. He read the duty description of the Mayor of the City of Cortland, which he said is not comparable to the Treasurer. He said the state- mandated job duties have not changed for the Treasurer, despite the previous resolution. Mr. Michael spoke regarding Agenda Item No. 12. He asked if the contract with Waste Management for the removal of trash from County buildings mandated that the hauler utilize the County 214 ---PAGE BREAK--- landfill. Mr. Willcox indicated that yes, the contract does require that. Mr. thanked the Legislature for this sound judgment. Proclamations & Recognitions The Clerk read a recognition honoring and thanking the Cornell Cooperative Extension 4-H program. Mr. Fuller, who also serves on the Cooperative Extension Board of Directors, presented the recognition to Mr. Syd McEvoy. Receive & File The Clerk asked for a motion to receive and file the 2012 County Administrator’s Tentative Budget; the Barton & Loguidice Short Form EAF on the Proposed Solid Waste Law; the Workers Compensation Audit report from Support Claim Services; the Office of Medicaid Inspector General Exit Conference Summary; Photos provided by Mr. Lynn Eaton at the public hearing; and the US District Court decision in the matter of the Oneida/Herkimer landfill, provided by Mr. Ron Fuller. Ms. Price made a motion to Receive & File the above documents. Seconded by Mr. Parker. All members voting in favor; none opposed. New Business Chairman Williams asked that Agenda Items 3, 11, and one additional item be addressed first, to allow Mr. Mark Thayer and Mr. Bill Cinquanti to leave for the night. There were no objections. Agenda Item No. 3 – Authorize Agreement – Bonadio Group (Consultant for OMIG Audit Process) On motion of Mr. Pace. Seconded by Ms. Gofkowski. Mr. Thayer said the Mental Health Services were audited in 2009 for the period of 2003 through 2007. The Office of Medicaid Inspector General found 58 citations out of 100 cases, however a majority of the citations are nothing more than typographical or clerical errors, and the statutes cited are not clear. He has asked for this consultant to assist in refuting the findings in an effort to reduce the penalties. Ms. Price made a motion to amend the resolution to not exceed $10,000 without legislature approval. Seconded by Mr. Troy. All members voting in favor of the amendment, none opposed. The amendment was approved. Mr. Williams called the vote on the amended resolution. All members voting in favor; none opposed. The resolution was approved, as amended, and Agenda Item No. 3 became: ON MOTION OF MR. PACE RESOLUTION NO. 246-11 Authorize Agreement – Bonadio Group (Consultant for OMIG Audit Process) WHEREAS, the Office of Medicaid Inspector General has performed an audit of Mental Health Department records from April 1, 2003 through December 31, 2007, and subsequently issued an Exit Conference Summary Report, AND WHEREAS, Cortland County wishes to refute the findings of said report in the first instance, and investigate the potential for reversing OMIG’s findings, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval by the County attorney, is hereby authorized and directed to enter into an agreement with The Bonadio Group, 580 South Salina Street, Syracuse, NY 13202-3307, at a fee of $200 per hour, not to exceed $10,000 without Legislature approval, to be paid out of Contingency Funds for the purpose of consulting and preparing documents for Cortland County’s response to the OMIG Audit. 215 ---PAGE BREAK--- Agenda Item No. 11 – Authorize Expense Account – Federal Salary Sharing Expense Account (Mental Health) On motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace said this resolution deals with an overpayment that is provided to enhance services at Mental Health, with the caveat that the State can request the overpayment at any time, and the state has done so. Those revenue funds are set aside in a separate fund. There is $161,000 in the account now, and $51,000 is being used here, to leave a balance of about $110,000. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. PACE RESOLUTION NO. 247-11 Authorize Expense Account Federal Salary Sharing Expense Account WHEREAS, the New York State Office of Mental Health has provided supplemental Medicaid COPS (Comprehensive Outpatient Programs) and CSP (Community Support Programs) supplemental payments since 1991 for enhanced services to mentally ill adults and emotionally disturbed children, AND WHEREAS, the supplemental payments are in addition to a provider’s Medicaid rate, and serve as a deficit funding mechanism to support the provision of expanded services, AND WHEREAS, the amount of COPS and CSP reimbursement that a provider can retain in any given year is limited to a specific threshold amount, and COPS and CSP payments in excess of the threshold amounts will be recovered by New York State, AND WHEREAS, the COPS reconciliations have been calculated as required by Section 592.8 of Title 14 of the Official Compilation of Codes, Rules and Regulations of the State of New York and the CSP reconciliations have been calculated as required by Section 588.14 of Title 14 of the Official Compilation of Codes, Rules and Regulations of the State of New York, and the NYS Office of the Medicaid Inspector General has identified overpayments beyond provider threshold of $818,082.97 and $43,454.33 respectively for the three years ended December 31, 2005, AND WHEREAS, the Cortland County Legislature approved that the expenditure of said funds shall be paid from the Mental Health Department’s Deferred Revenue and Federal Salary Sharing Accounts, AND WHEREAS, there was nothing budgeted in 2011 for Federal Salary Sharing revenue or expense, NOW THEREOFRE BE IT RESOLVED, that Federal Salary Sharing Accounts be established as follows: Increase Revenue A431044 44493 4200 $ 163,489.00 Expense A43105 54493 4200 $ 163,489.00 The Clerk referenced a resolution that was on Legislators’ desks that was not on the agenda. He asked for a motion to suspend the Rules of Order to consider it. Mr. Cornell made a motion to suspend the Rules of Order. Seconded by Ms. Price. All members voting in favor; none opposed. Establish Date for Re-Levy of School Taxes (In Districts Other Than City School Districts) – County Treasurer On motion of Ms. Arnold. Seconded by Mr. Willcox. Ms. Arnold said school districts have until Nov. 15 to provide the County Treasurer with the warrant of unpaid school taxes. In the past the County has 216 ---PAGE BREAK--- allowed people until the day before Thanksgiving to come to the Treasurer’s office to pay their taxes. This creates a large burden of work for the Treasurer’s office, for a very short period of time. This opportunity was not offered last year, as decided by the Treasurer, however by law it is a legislative decision. All members voting in favor; none opposed. The motion became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 248-11 County Treasurer Establish Date For Relevy Of School Taxes (In Districts Other Than City School Districts) WHEREAS, New York State Real Property Tax Law Article 13, Section 1330, provides for the County’s enforcement of school taxes in districts other than city school districts, AND WHEREAS, Real Property Tax Law Section 1330(2) requires school district authorities to certify the statement of the school district’s collecting officer as to school taxes remaining unpaid upon return of the warrant, and said certification and statement are to be received by the County Treasurer no later than November 15th, AND WHEREAS, such statement and certificate are required by the Real Property Tax Law Section 1330(5) to be transmitted to the County Legislature by the Treasurer, who shall cause the amount of unpaid taxes, with 7% of the amount of principal and interest added thereto, to be relevied, AND WHEREAS, the County Treasurer may accept school tax payments only until the County Legislature has directed the same to be relevied pursuant to Real Property Tax Law Section 1330(6), NOW THEREFORE, BE IT RESOLVED, that the Cortland County Legislature hereby establishes November 15th as the date for the relevy of school taxes. Agenda Item No. 1 – To Make a Determination of Significance as Part of the SEQRA Process for Proposed Local Law No. 4 of 2011 On motion of Mr. Williams. Seconded by Ms. Gofkowski. Highway Superintendent Don Chambers said this resolution is the result of the SEQR process done by consultant Barton & Loguidice. He said the short form was established as the appropriate format by Barton & Logudice and in the previous report provided by EnSol. He said the environmental review was done on any changes to the law, not at the facility, as this law does not change the permitted tonnage at the landfill. Mr. Troy said the SEQR does not mention leachate in the report. He said Beneficial Use Determination materials are addressed, but not taking trash from outside of the County, which may increase truck traffic. This has also been a very controversial issue that should also be addressed in the SEQR review. Mr. Williams said a long-form SEQR was done when the landfill was initially permitted at 44,500 tons, and this law does not change that. Mr. Pace asked Mr. Leach what the average tonnage of a truck is per load. Mr. Leach said it is between eight and nine tons. Mr. Pace said that at that rate, even at the maximum tonnage of 44,500 and accepting BUD materials, that is less than 10 trucks per day, which is not a significant number. Mr. Pace asked that the audio proceedings from the October Highway Committee meeting be placed on the legislature’s website so the public can hear DEC representatives answering questions regarding the landfill and this law. Mr. Hartnett said allowing outside trash opens the door for future legislatures to expand the landfill beyond the 44,500 tons. Mr. Pace said a waste-to-energy plant is far too costly to implement at such a small facility. Ms. Arnold asked if it would be legal to draft the law to accept trash only from contiguous counties. Mr. Purser said yes, that would be legal. Mr. Williams called for a roll call vote. (see attached). Legislators Briggs, Bushnell, Cornell, Hartnett, Parker, Price, Spaulding, Steger and Troy opposed. The resolution failed with a weighted vote of 23,165. 217 ---PAGE BREAK--- Agenda Item No. 2 – Resolution Calling for the Allocation of Revenues From the NYS Public Safety Surcharge to Counties to Support 9-1-1 and Public Safety Communications On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 249-11 Resolution Calling For The Allocation Of Revenues From The New York State Public Safety Surcharge To Counties To Support 9-1-1 And Public Safety Communications WHEREAS, the State of New York imposes a $1.20 surcharge on all wireless telephones, which in 2010 raised over $200 million, and for which these funds were intended to be spent on 9-1-1 operations to help first responders to communicate and respond to emergencies, AND WHEREAS, the $1.20 surcharge should be imposed on any communications device capable of connecting to 9-1-1, AND WHEREAS, the State of New York has historically allocated only 6 percent of these funds to counties who are responsible for the operations of 9-1-1 centers, AND WHEREAS, the 2010-2011 New York State Budget designated an additional $20 million in grants from the cellular surcharge to fund county regional communication projects, and $45 million in the 2011-12 Budget, however this amount is still a meager percentage of the total amount collected in this fund, AND WHEREAS, counties are in dire need of this funding, and urge the Office of Interoperable and Emergency Communications to award these funds as soon as possible, AND WHEREAS, counties and other municipalities are the actual providers of 9-1-1 services to the people of New York State and incur substantial costs to upgrade and maintain communications systems, as well as keep up to date with technological changes such as Next Generation 9-1-1 (NG 911), which is estimated to take 10 years to implement at a cost of approximately $22 billion in New York State, AND WHEREAS, counties have demonstrated their ability to work together to form regional partnerships and collaborate in the development and expansion of their public safety systems, AND WHEREAS, New York State's practice of raiding these funds makes counties ineligible for federal funding, including $42 million in wireless Next Generation 9-1-1 funding, and $58 million from the Department of Transportation, NOW THEREFORE BE IT RESOLVED, that the New York State Association of Counties (NYSAC) urges the state of New York to allocate the fullest amount of these funds permissible under law to counties so that 9-1-1 centers and emergency service personnel can make the necessary investments in their systems to support the emergency communications needs in their communities, AND BE IT FURTHER RESOLVED that NYSAC commends the Office of Interoperable and Emergency Communications for their attentiveness to the new grant program, and further urges the swift and thoughtful dispersal of funds allocated to the counties, AND BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to Governor Andrew M. Cuomo, the New York State Legislature, the Commissioner of the Division of Homeland Security and Emergency Services and all others deemed necessary and proper. 218 ---PAGE BREAK--- Agenda Item No. 3 – Authorize Agreement – Bonadio Group (Consultant for OMIG Audit Process) Agenda Item No. 4 – Authorize Agreement/Accept Funds – Health Department/Children With Special Needs (NYS Grant) On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PACE RESOLUTION NO. 250-11 Authorize Agreement/Accept Funds Health Department/Children With Special Needs Program NYS GRANT) WHEREAS, continued funding from the NYS Department of Health is available in the amount of $18,040 for the Children with Special Health Care Needs program, for the contract period October 1, 2011 through September 30, 2012, AND WHEREAS, these funds have already been budgeted for in the 2011 budget, in Expenditure Accounts A40595.51005, $17,540 (Personnel), A40595.54001-54300.4052, $500 (Contractual) and Revenue Account A405944.44451, $18,040, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designees, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with the State of New York to accept these funds. Agenda Item No. 5 – Authorize Agreement/Accept Funds – Lead Poisoning Prevention Grant (Health) On motion of Mr. Pace. Seconded by Ms. Cobb. Mr. Pace said the County has one of the highest rates of tested residents in the state. All members voting in favor, except Mr. Willcox, who was opposed. Agenda Item No. 5 became: ON MOTION OF MR. PACE RESOLUTION NO. 251-11 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. $40,057 for the period of 10/01/11 – 09/30/12 to continue the Childhood 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 2011 budget in accounts A40115-A40125.51005 $27,000 (Personnel), A40115.58020-58065 $5,195 (Fringe), A40115.54001-54500.4033 $7,862 (Contractual), and A401143.43450.4033 $40,057 (Lead Revenue), NOW THEREFORE BE IT 219 ---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. 6 – Authorize Agreement/Accept Funds – Health Department/ Administration/Special Programs – Breast & Cervical Cancer Early Detection Program On motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace said this helps pay for screenings and diagnostic services for underinsured residents. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. PACE RESOLUTION NO. 252-11 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program WHEREAS, the Cortland County Health Department has been awarded a grant by Health Research, Inc. in the amount of $30,265 to continue the Breast and Cervical Cancer Early Detection Program for the period 6/30/11 – 6/29/12 which will pay for screening and diagnostic services for uninsured and underinsured women, AND WHEREAS, the Cortland County Health Dept. contracts with other health care providers (physicians, laboratories, radiology services, etc.) to provide these services, AND WHEREAS, $30,265 is already in the 2011 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 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 NYS Department of Health to accept these funds. Agenda Item No. 7 – Authorize Agreement/Accept Funds – Health Department – Public Health Preparedness On motion of Mr. Pace. Seconded by Ms. Price. Mr. Pace said this helps fund the Public Health Director’s salary and other emergency preparedness as it relates to disease or outbreaks. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PACE RESOLUTION NO. 253-11 Authorize Agreement/Accept Funds Health Department/Administration Public Health Preparedness WHEREAS, funds have been awarded to the Cortland County Health Department in the amount of $50,000 by the New York State Department of Health through Health Research, Inc. for the period 8/10/11 – 8/9/12, to continue to assist our County in the development of a Public Health emergency response and preparedness plan, AND WHEREAS, these funds are already in the 2011 Budget in expenditure accounts A40105.51005- 51010 $37,590 (Personnel), A40105.58020-58065 $11,277 (Fringe), A40105.54001-54078.4010 $1,133 220 ---PAGE BREAK--- (Emergency Preparedness Contractual), and A401043.43450.4010 $50,000 (Emergency Preparedness Revenue), 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 an agreement with Health Research, Inc. to accept these funds. Agenda Item No. 8 – Authorize Agreements – Health Department/Hospice (Program Services) On motion of Mr. Pace. Seconded by Mr. Cornell. The Clerk said that to comply with a memo issued from the County Attorney’s Office, all resolutions in the agenda that authorize a contract(s) beginning 2012 must be amended to begin Dec. 31, 2011, as this sitting Legislature may not direct the newly elected Legislature to enter into a contract. Ms. Price made a motion to amend the resolution to begin the term of services Dec. 31, 2011. Seconded by Mr. Willcox. All members voting in favor of the amendment. Chairman Williams called for the vote on the amended resolution. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. PACE RESOLUTION NO. 254-11 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: • Home Care for Cortland County (aides/LPNs) • Graceann Forrester (Physical Therapist) • Mary Emm (Speech Pathologist) • Kinney Pharmacy (pharmacy) • Medicine Shoppe (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 WHEREAS, 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 221 ---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, 2011 through December 31, 2013, AND WHEREAS, these agreements may include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2014, if successor agreements are not executed by January 1, 2014, 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. 9 – Authorize Agreements/Health Department (Insurance Reimbursements) On motion of Mr. Pace. Seconded by Ms. Cobb. Chairman Williams asked for an amendment to the date of the contract. Mr. Troy made a motion to amend the contract(s) start date to Dec. 31, 2011. Seconded by Mr. Cornell. All members voting in favor; none opposed. Chairman Williams called for the vote on the amended resolution. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. PACE RESOLUTION NO. 255-11 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: • United Healthcare • All Blue Cross products • HealthNow • MVP • Aetna • Fidelis • Total Care • Purdue Frederick • RMSCO • POMCO • VA , AND WHEREAS, 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 222 ---PAGE BREAK--- WHEREAS, the term for the above contracts is December 31, 2011 through December 31, 2013, except for insurance agreements for hospice reimbursement which require auto-renewable terms and include termination clauses, AND WHEREAS, these agreements may include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2014, if successor agreements are not executed by January 1, 2014, 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. 10 – Authorize Expense Account/Alcohol & Substance Abuse Services (Catholic Charities/Mental Health) On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. PACE RESOLUTION NO. 256-11 Authorize Expense Account Alcohol & Substance Abuse Services (Catholic Charities) WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved additional funding for Catholic Charities in 2011, in the amount of $9,962.00, NOW THEREFORE BE IT RESOLVED, that the 2011 county budget be amended as follows: Increase: Expenses: A 43105 54870 4224 CATHOLIC CHARITIES (HOUSING) $9,962.00 Revenues: A431043 43486 4200 NYS OASAS $9,962.00 Agenda Item No. 11 – (See above) Agenda Item No. 12 – Authorize Agreement – Waste Management of New York LLC (Buildings & Grounds) On motion of Mr. Willcox. Seconded by Mr. Bushnell. Mr. Willcox noted that the contract will require the hauler to utilize the County landfill. Ms. Price made a motion to amend the resolution to contract from Dec. 31, 2011. Seconded by Mr. Cornell. All members voting in favor; none opposed. The resolution was amended. Chairman Williams called for the vote on the amended resolution. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 257-11 223 ---PAGE BREAK--- Authorize Agreement (Buildings And Grounds) Waste Management Of New York, LLC WHEREAS, the Buildings and Grounds Committee is desirous of maintaining trash collection services for Cortland County, AND, WHEREAS, Waste Management of New York, LLC, 4521 Steelway Blvd. North, Liverpool, New York, 13090 has provided the least expensive RFP for trash collection services, 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, 2011 through December 31, 2013 upon approval of the County Attorney, AND BE IT FURTHER RESOLVED, that the following amounts be charged to A16205.54625, Garbage Collection, Cortland County Office Building - $ 545.58/ mo. 37 Church St. $ 73.61/ mo. 49 Grant St. $ 65.82/ mo. Court House/PSB/Jail $ 342.16/ mo. Highway $ 74.30/ mo. Dwyer Memorial Park (5 months) $ 142.89/ mo TOTAL $ 1,244.36/ mo. Annual Total $ 13,932.09 Agenda Item No. 13 – Authorize Agreement/HAZPOWER Training (Highway) On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 258-11 Authorize Agreement/HAZWOPER Training Highway Department WHEREAS, the Highway Superintendent has recommended O’Rourke Industrial, PO Box 341, Owego, NY to perform Hazardous Waste Operations and Emergency Response training for County Highway Department Employees, AND WHEREAS, the annual refresher course is required to maintain the HAZWOPER certifications, 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 an agreement with O’Rourke Industrial, PO Box 341, Owego NY, 13827 to perform HAZWOPER training with an estimated cost of $750.00, commencing on the execution of the agreement and ending December 31, 2011, AND BE IT FURTER 224 ---PAGE BREAK--- RESOLVED, that all costs associated with HAZWOPER Training shall be charged to account # D51105.54035. Agenda Item No. 14 – Authorize Extension of State Snow/Ice Control Agreement (Highway) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 259-11 Authorize Extension of State Snow/Ice Control Agreement Highway Department WHEREAS, the County of Cortland pursuant to Section 12 of the Highway Law, relating to control of Snow and Ice on State Highways in Towns and incorporated Villages, has heretofore entered into an agreement with the State of New York for such purposes, AND WHEREAS, Sections 7 and 10 of the said agreement respectively provide a method of modification of the map of affected state highway and an annually updating the estimated expenditure, AND WHEREAS, it would be in the best interest of Cortland County to extend the agreement as modified and updated an additional one year period, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland hereby authorizes such extension of the said Snow and Ice Agreement for a period of one year, to expire on June 30, 2014, AND BE IT FURTHER RESOLVED, that, the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is authorized to execute an agreement effecting such extension and modification. Agenda Item No. 15 – Oppose Initiative – Elimination of Eye Tests for Diver’s License Renewals (County Clerk) On motion of Ms. Gofkowski. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. GOFKOWSKI RESOLUTION NO. 260-11 Oppose Initiative Elimination of Eye Tests for Driver’s License Renewals Cortland County Clerk WHEREAS, in September 2011 the NYS DMV Commissioner considered legislation that would have eliminated the requirement that NYS drivers pass an eye test insuring that the driver at the minimum has 20/40 vision, and allowing them to self-ertify to that fact, AND WHEREAS, this would allow unscrupulous or unsuspecting motorists to falsely self-certify their vision ability which could lead to an increase in accidents and other roadway incidents due to the lack of regulatory authority, AND WHEREAS, this would have a negative impact on the revenue in Cortland County of approximately $35,000.00 annually, NOW THEREFORE BE IT 225 ---PAGE BREAK--- RESOLVED, that the Clerk of the Legislature send a copy of this Resolution to the Governor, the NYS DMV Commissioner, our State Senator and to demonstrate the Cortland County Legislature’s opposition to this initiative. Agenda Item No. 16 – Authorize Contract/Accept Funds/Amend Budget – NYS Office of Indigent Legal Services (Public Defender) On motion of Ms. Gofkowski. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PARK RESOLUTION NO. 261-11 Authorize Contract/Accept Funds/Amend Budget Public Defender (NYS Office of Indigent Legal Services) WHEREAS, funds in the amount of $22,056.00 were awarded to the County Public Defender’s Office for “improving the quality of indigent legal services”, 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 a contact with the New York State Office of Indigent Legal Services for the acceptance of said funds, and for a period of June 1, 2011 through May 31, 2012, AND, BE IT FURTHER RESOLVED, that the 2011County Budget be and hereby is amended as follows: Increase: Revenue: A43025 State Aid – Public Defender $22,056 Appropriation: A54035 Education and Training $ 1,800 A52060 Computer Equipment $18,850 A54041 Publications (Legal Reference Materials) $1,406 Agenda Item No. 17 – Proposed Local Law No. 4 of 2011 – A Local law To Establish a Program for the Collection, Transportation and Disposal of Solid Waste and Recyclables at the Cortland County Landfill As the SEQR resolution regarding this proposed law was not approved, Mr. Fuller pulled the resolution and law from consideration. Agenda Item No. 18 – Authorize Agreement – James W. Sewall Company and Cortland County (Planning) On motion of Mr. Ross. Seconded by Ms. Arnold. Mr. Cornell made a motion to amend the resolution for the contract to begin Dec. 31, 2011. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 18 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 262-11 Authorize 2012 Agreement James W. Sewall Company and Cortland County Planning Department 226 ---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, the IMS site is being updated in 2011 by James W. Sewall Company, AND WHEREAS, James W. Sewall Company has presented a proposal for 2012 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 $2,100.00, 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 $2,100.00, beginning December 31, 2011 and ending December 31, 2012, 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 2012 budget. Agenda Item No. 19 – Authorize Transit Display Advertising Services for Cortland County Owned Buses – Planning Department On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. ROSS RESOLUTION NO. 263-11 Authorize Transit Display Advertising Services for Cortland County Owned Buses Cortland County Planning Department WHEREAS, in 2010, Cortland County was awarded grant funding for mobility management which involves updating the mobility management system and increasing the transportation services within Cortland County. Cortland County along with Seven Valley Health Coalition and First Transit, Inc. are working on a new operating software system that is designed to make scheduling and routing of services less complex and more user friendly for both First Transit and several other local agencies. Other mobility services being addressed through this funding include increasing the route system and installation of bus shelters within Cortland County, AND WHEREAS, in order to increase funding for the transportation system, Cortland County is interested in seeking written and sealed proposals for the sale and promotion of transit display advertising space aboard County owned buses (operated by First Transit) from qualified advertising firms for 2012 and 2013 years. The funds generated by the transit display advertising space aboard the buses can only be used solely for the transportation system, AND WHEREAS, any proposals for the transit display advertising space aboard County owned buses must be in accordance with the procedures set forth by the New York State Department of Transportation as to the guidelines for advertising on vehicles as well as guidelines set forth by Cortland County, AND 227 ---PAGE BREAK--- WHEREAS, there will be no cost to Cortland County for or any advertising costs, NOW THEREFORE BE IT RESOLVED, that Cortland County authorize the transit display advertising service aboard Cortland County owned buses, as long as such advertising meets the requirements set forth by the New York Department of Transportation and Cortland County. Agenda Item No. 20 – Resolution Pertaining to the NYS Chesapeake Bay TMDL On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. ROSS RESOLUTION NO. 264-11 Resolution Pertaining to the New York State Chesapeake Bay TMDL WHEREAS, Cortland County supports improving water quality, AND WHEREAS, Cortland County understands that the United States Environmental Protection Agency (EPA) Chesapeake Bay Program has determined that the Chesapeake Bay waters are impaired, AND WHEREAS, since 1985, after the impairment of the Chesapeake Bay was identified and documented, New York State (NYS) has experienced improved water quality through the efforts of our Soil and Water Conservation District and others to prioritize and implement best management practices (BMPs), and through the loss of human population, dairy farms and agricultural acres, while seeing an increase in its forest cover, unique amongst the Bay states, AND WHEREAS, the Susquehanna River in New York meets federal clean water standards and is not on the 303d list, AND WHEREAS, the EPA Chesapeake Bay Program, in its letter to Congressman Tom Reed (May 24, 2011), stated that if all waters in the Chesapeake Bay were of as high a quality as NYS has at present, that a TMDL would not be required for the Bay, an observation also supported by a USGS analysis of water quality, NOW THEREFORE BE IT RESOLVED that Cortland County will continue to support the efforts of our Soil and Water Conservation District to work with the Upper Susquehanna Coalition (USC) and NYS Department of Environmental Conservation (NYSDEC) to: 1) write and voluntarily implement Watershed Implementation Plans to address water quality issues to the degree that funding is available, 2) collect BMP data and submit information to the Chesapeake Bay Program to continue to track NYS's progress through the Bay Watershed Model, and 3) work voluntarily to improve water quality in New York, , AND BE IT FURTHER RESOLVED, that this support shall in no way suggest that Cortland County agrees with, approves of, supports or accepts EPA’s current TMDL load allocation for NYS, AND BE IT FURTHER RESOLVED, that Cortland County does not support any decision by the NYSDEC to commit to a Chesapeake Bay TMDL load allocation that will compel landowners or communities to implement 228 ---PAGE BREAK--- water quality improvement practices, especially without funding, if those practices are not warranted to address NYS water quality, AND BE IT FURTHER RESOLVED, that Cortland County encourages and supports watershed stakeholder efforts to move the position forward that the waters leaving NYS meet federal water quality standards for the Chesapeake Bay, and therefore New York should not be subject to regulations under the Chesapeake Bay TMDL, AND BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to all State and Federal legislative representatives, the New York State Department of Environmental Conservation, and Governor Cuomo. Agenda Item No. 21 – Amend 2011 Budget – Unemployment Insurance On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 265-11 Amend 2011 Budget Unemployment Insurance WHEREAS, the payments for Unemployment Insurance have exceeded the 2011 budget amount of $75,000, NOW THEREFORE BE IT RESOLVED, that the 2011 budget be amended as follows: Decrease: A19905 54775 Contingency $27,516.83 Increase: A90505 58000 Unemployment Insurance $27,516.83 Agenda Item No. 22 – Authorize Agreement/RFP for GASB Statement 32 – Deferred Compensation Plan On motion of Mr. Pace. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 266-11 Authorize Agreement RFP for GASB Statement 32 Deferred Compensation Plan WHEREAS, Cortland County is required to audit public employer sponsored deferred compensation plans in accordance with Government Accounting Standard Board (GASB) Statement 32, AND WHEREAS, Cortland County has selected Benefit Consulting Group (GCG) to conduct the RFP process and make a recommendation to the County, AND WHEREAS, said services will be paid for from Account No. A14305 54055, NOW THEREFORE, BE IT 229 ---PAGE BREAK--- RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized and directed to execute an amendment to the current contract with BCG in the amount not to exceed $7,500.00. Agenda Item No. 23 – County Treasurer – Reallocate Salary Grade On motion of Mr. Pace. Seconded by Ms. Gofkowski. Mr. Troy made a motion to amend the resolution to withdraw the County Treasurer from the Management Compensation Plan and set the salary at $39,684. Seconded by Mr. Waldbauer. Mr. Willcox made a motion to go into executive session to discuss a particular personnel matter in the Treasurer’s Office. Seconded by Mr. Pace. All members voting in favor; none opposed. The Legislature held an Executive Session, at which Ms. Price did not attend. Following the Executive Session Mr. Troy withdrew his motion to amend Agenda Item No. 23. Mr. Pace then withdrew the original resolution from consideration. Agenda Item No. 24 – Authorize Agreements/Area Agency on Aging (Several Agencies/Departments) Ms. Price pulled Agenda Item No. 24 for consideration at the November Human Services Committee meeting. Agenda Item No. 25 – Amend Salary – Employment & Training Director (Additional Compensation) On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MS. PRICE RESOLUTION NO. 267-11 Amend Salary Employment and Training Director (Additional Compensation) WHEREAS, the Grant Administrator retired on September 29, 2011, AND WHEREAS, the Employment and Training Director has assumed the duties of the above position temporarily, AND WHEREAS, The Human Resource Committee recommends an increase in salary for the Employment and Training Director, NOW THEREFORE BE IT RESOLVED, that in recognition of the increased responsibility level, the position of Employment and Training Director will be compensated by receiving an additional $3,000 per year effective September 30, 2011 until further notice. Agenda Item No. 26 – Authorize Agreement – Department of Social Services (Home Care of Rochester) On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MS. PRICE RESOLUTION NO. 268-11 230 ---PAGE BREAK--- Authorize Agreement Department of Social Services (Home Care of Rochester) WHEREAS, Cortland County Department of Social Services is desirous of contracting with Home Care of Rochester for personal care services for eligible Cortland County Medicaid recipients, AND WHEREAS, the funding needed for this Agreement is provided through the Medicaid program and falls within the Cortland County Medicaid cap for local share in the Medicaid Management Information Systems (MMIS) Account A60105.56100, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of December 31, 2011 through December 31, 2012, with Home Care of Rochester. Agenda Item No. 27 – Authorize Agreements – Several Agencies/Departments (Social Services) Ms. Price pulled Agenda Item No. 24 for consideration at the November Human Services Committee meeting. Agenda Item No. 28 – Authorize Agreements – Social Services (Day Care Services) ON motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 269-11 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 2012 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. 29 – Authorize Agreements – Department of Social Services (Foster Care) On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. PRICE RESOLUTION NO. 270-11 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 2012 for foster care and adoption services with foster care and adoption agencies and/or foster care parents licensed or otherwise authorized by the New York State Office of Children and Family Services, AND BE IT FURTHER 231 ---PAGE BREAK--- 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. 30 – Authorize Agreements – Social Services/Work Experience Sites Ms. Price pulled Agenda Item No. 24 for consideration at the November Human Services Committee meeting. Agenda Item No. 31 – Authorize Agreements/Treasurer’s Office – Countywide Cost Allocation Plan On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 271-11 Authorize Agreement/Treasurer’s Office County Wide Cost Allocation Plan (Jack Venesky, CPA) WHEREAS, there is available reimbursement for indirect costs for programs administered locally under grants from the Federal Government, AND WHEREAS, in order to obtain said reimbursement, it is necessary to develop a County Wide Cost Allocation Plan and a Department of Social Services (DSS) Indirect Cost Proposal for the years ending 2012 and 2013, AND WHEREAS, Resolution No. 86-10 authorized a three-year contract with Jack Venesky for years ending in 2009, 2010 and 2011, AND WHEREAS, Jack Venesky has proposed a two year-extension on the previous contract, at the same pricing schedule, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review by the county Attorney, be and hereby is authorized and directed to execute an agreement with Jack Venesky, CPA, 6114 Route 31, Cicero, NY 13039 in the amount of $12,500 each year for the years ending 2012 and 2013 to develop said documentation, AND BE IT FURTHER RESOLVED, that the County Treasurer, be and hereby is appointed liaison for said program. Agenda Item No. 32 – Authorize Amendment to Agreement with Cortland County Business Development Corp. On motion of Ms. Arnold. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 272-11 Authorize Amendment to Agreement with Cortland County Business Development Corporation WHEREAS, the County of Cortland has entered into an Agreement with Cortland County Business Development Corporation for its funding for the period of January 1, 2009 through December 31, 2012 by Agreement dated March 16, 2009, AND 232 ---PAGE BREAK--- WHEREAS, due to the present economic conditions and financial strain on the County, the Cortland County Business Development Corporation has agreed to a reduction of its funding by the sum of Twenty-Five Thousand Dollars ($25,000.00) for the calendar year 2012, NOW, THEREFORE BE IT RESOLVED, that the Agreement dated March 16, 2009 between Cortland County and Cortland County Business Development Corporation is hereby amended to reduce the funding of Cortland County Business Development Corporation by the sum of Twenty-Five Thousand Dollars ($25,000.00) and the Chairman of the Legislature be and hereby is authorized to enter into an amended Agreement upon review and approval by the County Attorney with the Cortland County Business Development Corporation to reduce the County’s funding in the calendar year 2012 by $25,000.00. Agenda Item No. 33 – Resolution Supporting Senate Bill S.5889-B and Assembly Bill A.8644: Multi- Year State Takeover of Local Share of Medicaid On motion of Ms. Arnold and Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS. ARNOLD AND MS. PRICE RESOLUTION NO. 273-11 Resolution Supporting Senate Bill S.5889-B And Assembly Bill A.8644: Multi-Year State Takeover Of Local Share Of Medicaid WHEREAS, county officials across the state are presently developing their 2012 budgets under the constraints of the State’s new property tax ca, AND WHEREAS, when State lawmakers enacted a property tax cap, they pledged to provide mandate relief that would enable and empower local leaders to implement that tax cap locally, AND WHEREAS that mandate relief has not yet materialized, AND WHEREAS, statewide, local county taxpayers pay $7.3 billion for the State’s Medicaid program, AND WHEREAS, this year in Cortland County, local property owners are paying $9,213,342 in property taxes to pay for the State’s Medicaid program, which represents 30 percent of the entire county property tax levy, AND WHEREAS, in 2012, Cortland County’s Medicaid costs are scheduled to increase to $9,489,742, with an additional 3-percent every year thereafter, AND WHEREAS, State Legislation in the form of S.5889-B and A.8644 will require state policymakers to take full fiscal responsibility for New York’s largest-in-the-nation Medicaid program, by implementing an eight year gradual State takeover of county Medicaid costs, beginning with property tax relief in 2012, AND WHEREAS, removing county taxpayers from the financing of Medicaid is the single most important thing the State Legislature can do to lower property taxes for New Yorkers, AND WHEREAS, the State takeover of county Medicaid costs will lead to significantly lower property taxes and enhance New York’s economic competitiveness and improve economic opportunities for all New Yorkers, AND 233 ---PAGE BREAK--- WHEREAS, state lawmakers can fund the takeover with a combination of Medicaid program reforms, state-derived savings and other spending controls, including applying the Medicaid Redesign Team (MRT) reform savings to mandate relief and pursuing a federal Medicaid waiver to leverage state cost containment initiatives that can be applied to property tax relief and applying future revenues to lowering property taxes; NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature calls on State lawmakers to sign on to, and vote for, legislation (S5889-B and A8644) designed to provide mandate relief for counties and property tax relief to New Yorkers, in the form of an eight-year State takeover of county Medicaid costs, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature urges Governor Andrew Cuomo to sign such legislation into law at the earliest possible time, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward certified copies of this Resolution to Governor Andrew Cuomo, State Senator Jim Seward, Barbara Lifton and Brian Kolb. Agenda Item No. 34 – Amend Budget/Transfer Funds – Treasurer’s Department (Various) On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 274-11 Amend Budget/Transfer Funds Treasurer’s Department (Various) WHEREAS expenses exceeded those budgeted for 2011 in a number of accounts in the Treasurer’s budget and there is no money available to transfer from other appropriation lines within the department’s budget, NOW THEREFORE BE IT RESOLVED that the following transfers be made from Contingency funds to cover the shortfall: Increase A13255 54055 Professional Services $5,000 A13255 54005 Supplies $ 500 A13255 54041 Publications $ 680 A19215 54055 Single Audit $3,125 Decrease A19905 54775 Contingency $9,305 Agenda Item No. 35 – Authorize Financial Support for Certiorari Tax Proceedings in Homer and Virgil On motion of Ms. Arnold. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 275-11 Authorize Financial Support for Certiorari Tax Proceedings in Homer and Virgil 234 ---PAGE BREAK--- WHEREAS, Several Tax Certiorari Proceedings have been filed in the towns of Cortlandville, Homer and Virgil, AND WHEREAS, Cortland County has a direct financial interest in the outcome and/or settlement of said proceedings, with an estimated cost breakdown of 50% to the school district, 40% to the County and 10% to the town, AND WHEREAS, the Cortland County Legislature, with the unanimous support of the Budget & Finance Committee, supports litigating certain Certiorari proceedings, NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature hereby pledges financial support, up to 40% of each litigated proceeding and associated appraisal fees for the attached parcels currently under consideration. Agenda Item No. 36 – Designate Tourism Promotion Agency – Cortland County Convention & Visitor’s Bureau On motion of Ms. Arnold Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 276-11 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau WHEREAS, the New York State Division of Tourisms 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 2012, 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. 37 – Set Meeting, Public Hearing Dates (Cortland County Legislature) On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 37 became: 235 ---PAGE BREAK--- ON MOTION OF MR. WILLIAMS RESOLUTION NO. 277-11 Set Meeting, Public Hearing Dates Cortland County Legislature WHEREAS, in accordance with the duly adopted Rules of Order, the Cortland County Legislature meets on the fourth Thursday of each month, AND WHEREAS said Rules of Order allow for the change of meeting date and time by resolution of the Legislature, and the scheduled meeting date for November falls on Thanksgiving, AND WHEREAS, the Budget Officer for the County of Cortland prepared and filed with the Cortland County Legislature a Tentative Budget for the fiscal year commencing January 1, 2012 and ending December 31, 2012, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby changes and announces the November meeting shall be held November 17, 2011, at 6 p.m., AND BE IT FURTHER RESOLVED, that a Public Hearing upon the 2012 Tentative Budget be held on November 14, 2011, at 6:00 p.m. in the Legislative Chambers, 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. Announcements Mr. Williams announced that a report from the County’s auditor, Rick McNeilly, indicates the Landfill lost $1 million in 2010. Copies of the report are in legislator’s mailboxes. Chairman Williams said the County has been contacted by Broome County for permission to dump flood- related refuse at the landfill. He asked for a motion to allow Mr. Chambers to negotiate a price. Mr. Troy made a motion to allow Broome County to tip at the Cortland County landfill, at a price to be negotiated by Broome County, and in accordance with the reimbursement rate from FEMA. Seconded by Ross. All members voting in favor; none opposed. The motion was approved Adjournment Mr. Cornell made a motion to adjourn. Seconded by Mr. Willcox. The meeting was adjourned at 7:28 p.m. ROLL CALL VOTE Agenda Item No. 1 - To Make a Determination of Significance as part of the Completion of the SEQRA Process for Proposed Local Law No. 4 of 2011 (Solid Waste Law) Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 236 ---PAGE BREAK--- Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbaurer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 23165 Majority 24300 2/3rd 32400 Cortland County Legislature November 14, 2011 – SPECIAL MEETING 5:30 P.M. Minutes Order of Business Following a public hearing on proposed Local Law No. 4 of 2011, (Management Compensation Law) and Chairman Williams opened the meeting at approximately 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Ms. Briggs, Mr. Spaulding and Mr. Park. Privilege of the Floor There was no one present who wished to speak to the Legislature. New Business Agenda Item No. 1 - Adopt Proposed Local Law No. 4 for the Year 2011 - County of Cortland Employment Policy Manual for Department Heads, Management Compensation Employees/Confidential Employees On motion of Mr. Pace. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PACE RESOLUTION NO. 277A-11 Adopt Proposed Local Law No. 4 for the Year 2011 County of Cortland Employment Policy Manual for Department Heads, Management Compensation Employees/ Confidential Employees 237 ---PAGE BREAK--- WHEREAS, proposed Local Law No. 4 for the year 2011 provides for the adoption of County Employment Policy Manual for Department Heads, Management Compensation Employees and Confidential Employees in order to provide clarification and to comply with Section 201 of the County Law was introduced at a regular session of the Personnel Committee on November 3, 2011, AND WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required, NOW THEREFORE BE IT RESOLVED, that proposed Local Law No. 4 for the year 2011 is hereby adopted, and this proposed Local Law being subject to permissive referendum. It shall take effect not sooner than forty five (45) days after adoption, provided no petition is filed, and upon filing with the Secretary of State, NOW THEREFORE BE IT ENACTED by the Legislature of the County of Cortland, as follows: PROPOSED LOCAL LAW NO. 4 FOR THE YEAR 2011 A LOCAL LAW TO ADOPT THE COUNTY OF CORTLAND EMPLOYMENT POLICY MANUAL FOR DEPARTMENT HEADS, MANAGEMENT EMPLOYEES, MANAGEMENT/CONFIDENTIAL EMPLOYEES Be it enacted by the County Legislature of the County of Cortland as follows: SECTION I. LEGISLATIVE INTENT The County Legislature hereby states the intent of this local law is to provide clarification and compliance with New York State County Law §201, Compensation of Officers, and to adopt the Employment Policy Manual for Department Heads, Management, and Management/Confidential Employees pursuant to Local Law. It is the Legislature’s intention to preserve the integrity of the Management Compensation Plan, the goal of which is to treat all employees equally by maintaining grade level salary increments attached to years of service to the county. SECTION II. The Employment Policy Manual for Department Heads, Management and Management/Confidential Employees includes a Grade and Step Schedule, with salary increments tied to grade levels and years of service. This was originally adopted by Resolution No. 424-05 (and subsequent amendments by resolution to the date of this local law). The Grade and Step Schedule was most recently amended by Resolution No. 399-10, effective January 1, 2011. This Local Law hereby adopts the current Employment Policy Manual for Management / Management Confidential Employees, with Grade and Step Schedule, subject to the following provisions: Any future modification of the Grade and Step Schedule may be accomplished by resolution of the Cortland County Legislature, except as it relates to county officers elected or appointed for a fixed term. Officers Elected or Appointed for a Fixed Term 238 ---PAGE BREAK--- No new or amended Grade and Step Schedule shall function to increase the salary of any officer elected or appointed for a fixed term during the term of office, except by Local Law, subject to permissive referendum (Municipal Home Rule Law Those officers considered elected or appointed for a fixed term include the following: Public Defender County Attorney Commissioner of Social Services Public Health Director Superintendent of Highways Sheriff Personnel Officer County Auditor County Treasurer County Clerk Director of Real Property Tax Services Clerk of the Legislature Coroner(s) Director of Veteran’s Services Officers Appointed for an Indefinite Term The salary of a county officer appointed for an indefinite term may be increased at any time in accordance with the Management Compensation Plan, subject to the approval of the Cortland County Legislature. SECTION III . EFFECTIVE DATE This local law is subject to permissive referendum and shall not take effect until at least forty five (45) days after its adoption as provided by Section 24 of the Municipal Home Rule Law. Adjournment Mr. Fuller made a motion to adjourn. Seconded by Mr. Willcox. The meeting was adjourned. Cortland County Legislature November 17, 2011 6:00 P.M. Minutes Order of Business Following a public hearing on proposed Local Law No. 5 of 2011, (Property Tax Cap) and Local Law No. 6 (Solid Waste Law) Chairman Williams opened the meeting at approximately 7:23 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 October 27, 2011. Seconded by Mr. Parker. All members voting in favor; none opposed. The minutes were approved as printed. 239 ---PAGE BREAK--- Privilege of the Floor Mr. Michael spoke in favor of Agenda Item No. 12, and applauded the Legislature for contracting with the JM Murray Center. He also spoke in favor of Agenda Item No. 16, which would authorize bonding for County infrastructure, but suggested that Little York Lake residents should contribute to the replacement of the dam at the lake. Ms. Lee Miller of McGraw spoke in opposition to Agenda Item No. 16. She said many of the bridges and culverts being built by the County are oversized and too costly. Mr. Ron Rocco of Cortlandville spoke in opposition to Agenda Item No. 16. He encouraged the Legislature to establish a special taxing district on Little York Lake to pay for the replacement of the dam in its entirety. Receive & File The Clerk asked for a motion to receive and file the 2012 Cornell Cooperative Extension Annual Report and Calendar, and the Year End 2010 Independent Audit. Ms. Price made a motion to Receive & File the above documents. Seconded by Mr. Cornell. All members voting in favor; none opposed. New Business Mr. Willcox made a motion to consider Agenda Items 4, 5, 6, 7, 8, 9 10, 15, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 34, 35, 36, 37 as a consent agenda. Seconded by Ms. Gofkowski. Ms. Briggs asked that Agenda Item No. 8 be pulled from the consent agenda. Mr. Cornell asked if the budget is adopted, prior to considering Agenda Item No. 23, re-allocating the Treasurer’s position, and that resolution fails, then will the budget be amended. Mr. Murphy said that as this is a known expense, and he does not recommend taking those funds, if necessary from the contingency fund, as it would be a known expense, and contingency funds are for unexpected circumstances. He added that increasing the budget to reinstate the County Treasurer’s salary would put the budget over the 2% property tax cap. All members voting in favor of considering these resolutions as a consent agenda; except Mr. Park, who was opposed. Mr. Willcox made a motion to approve the Consent Agenda. Seconded by Mr. Cornell. All members voting in favor, except Mr. Park, who was opposed. The Consent Agenda was approved, and Agenda Items 4, 5, 6, 7, 8, 9 10, 15, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 34, 35, 36, 37 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 278-11 Authorize Agreement Cortland County Municipal Agreements WHEREAS, in 2010 the governor disbanded the state controlled Animal Population Control Spay/Neuter Program and appointed the ASPCA out of Manhattan, NY to administer the program, AND WHEREAS, to insure that money collected in each county is utilized in each county, each county has the opportunity to submit a proposal to administer their own program upon approval of the program by the ASPCA, AND WHEREAS, the Cortland County Clerk has submitted the proposed program and it has been approved by the ASPCA, NOW THEREFORE BE IT 240 ---PAGE BREAK--- RESOLVED, that upon approval of the County Attorney, the County of Cortland enter into municipal agreements with each town and the City of Cortland and that the Chairman of the Legislature is authorized to sign these agreements on behalf of the County. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 279-11 Authorize Payment/Ames Linen Floor Mats (Sheriff’s Department) WHEREAS, the Sheriff has received floor mats every other week and needs to pay the over due bill, NOW THEREFORE BE IT RESOLVED, THE Sheriff is authorized to make the payment to Ames Linen, 67 Huntington St Cortland, NY not to exceed $700.00, AND BE IT FURTHER, RESOLVED, that Cortland County will include the Sheriff’s Department in the agreement with NYSID/Ames Linen for floor mats as of December 1, 2011. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 280-11 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization ARRA Funds) WHEREAS, the NYS Department of Health has awarded the Cortland County Health Dept. American Recovery and Reinvestment Act Funds (ARRA) in the amount of approximately $2,900 (or as assigned) for the period December 1, 2011 through December 31, 2011 to purchase designated hardware and software to be used for immunization billing, NOW THEREFORE BE IT RESOLVED, that the 2011 Budget be amended as follows: Increase Expenses: A40115.52060.4038 Computer Equipment $2,900 Increase: Revenue: A401143.43450.4038 Immunization AARA Funds $2,900 , AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with the NYS Department of Health to accept these funds. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 281-11 Appoint Member Employment and Training Grant Administration 241 ---PAGE BREAK--- Cayuga/Cortland Workforce Investment Board WHEREAS, pursuant to Section 117 of the Workforce Investment Act of 1998, the Governor of the State of New York has authorized and directed the Chief Local Elected Officials of the Cortland and Cayuga Counties, which have been designated as a Workforce Area, to appoint/reappoint members to the Workforce Investment Board for said Area, NOW THEREFORE BE IT RESOLVED, that the following person be and hereby is appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below: Cortland Appointment Name Address Sector Term Jennifer Kaspar Liverpool, NY Private Sector 12/1/11-6/30/14 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 282-11 Appoint Members Community Services Board Mental Health WHEREAS, the By-Laws of the Cortland County Community Services Board, Article 3, Section 1 states that the membership of the organization shall consist of fifteen (15) members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Board shall be four years except for vacancies for unexpired terms, AND WHEREAS, there are vacancies due to the resignations of Barbara Ryan and Ann Reynolds whose terms were to expire 12/31/13, NOW THEREFORE BE IT RESOLVED, that Marie Walsh, Executive Director of Catholic Charities and Jackie Carlton, Executive Director of the Seven Valleys Health Coalition be appointed for the unexpired terms to 12/31/13. ON MOTION OF MR. PARK RESOLUTION NO. 283-11 Authorize Payment Patrick M. Snyder, Attorney at Law Interoperable Communications Project WHEREAS, Resolution 36-11 authorized a letter of engagement with Patrick M. Snyder, 70 Port Watson Street, Cortland, NY, to provide legal services in relation to the SEQR process in an amount not to exceed $10,000, AND WHEREAS, the State Environmental Quality Review Act requires the County follow the SEQR process for the said project, and due to circumstances beyond the County’s control, has taken longer and required more time and expense to complete, NOW THEREFORE BE IT 242 ---PAGE BREAK--- RESOLVED that an additional amount not to exceed $10,000 is authorized to pay said firm according to the letter of engagement, and that said funds will be paid out of Account # H16805.54055.1682. ON MOTION OF MR. FULLER RESOLUTION NO. 284-11 Amend Budget/Transfer Funds Highway Department/Airport WHEREAS, the County of Cortland has experienced an unprecedented increase in the purchase price for Aviation Fuel during 2011, AND WHEREAS, due to this increase, the remaining funds in the Aviation Fuel Purchase expense line in the adopted 2011 budget are not sufficient to allow further purchase of aviation fuel for subsequent reselling at the Cortland County Airport, AND WHEREAS, additional Aviation Fuel will need to be purchased during the remainder of 2011, AND WHEREAS, due to the corresponding increase in selling price of Aviation Fuel and with demand remaining steady, the amount of revenue realized from sales of Aviation Fuel during 2011 at the Cortland County Airport has increased compared to the amount in the adopted 2011 budget, NOW, THEREFORE, BE IT RESOLVED, that the 2011 Adopted County Budget is hereby amended as follows: Increase: Revenue: A 561042.41776 Sale of Supplies (Avgas) $36,000 Increase: Expense: A 56105.54078 Avgas – Fuel $36,000 ON MOTION OF MR. ROSS RESOLUTION NO. 285-11 Authorize Chairman To Sign Agreements/Planning Department (Cortland County and Southern Tier East Regional Planning Development Board 2012) (Cortland County and Central New York Regional Planning and Development Board 2012) WHEREAS, in order to receive regional services provided by Central New York Regional Planning and Development Board it is necessary to have an agreement between Cortland County and the Central New York Regional Planning and Development Board for 2012, AND WHEREAS, in order to receive regional services provided by Southern Tier East Regional Planning Development Board it is necessary to have an agreement between Cortland County and the Southern Tier East Regional Planning Development Board for 2012, AND WHEREAS, funding for dues to the Central New York Regional Planning and Development Board and the Southern Tier East Regional Planning Development Board will not exceed a combined net cost to Cortland County of $10,000, NOW THEREFORE BE IT 243 ---PAGE BREAK--- RESOLVED, that the Chairman of this Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into agreements for 2012 with the Central New York Regional Planning and Development Board and the Southern Tier East Regional Planning Development Board. ON MOTION OF MR. PACE RESOLUTION NO. 286-11 Authorize Agreement Cortland County Legislature (AmeriCorps Member) WHEREAS the SUNY Cortland Research Foundation secured an AmeriCorps grant and has offered Community agencies the opportunity to use the services of AmeriCorps members, AND WHEREAS the agencies are required to provide 15% of the match for the living stipend which amounts to $1,400.00 for a part-time AmeriCorps member, who is required to work a minimum of 900 hours for at least nine months and up to twelve months between the period of December, 2011 and November 30, 2012, AND WHEREAS the Cortland County Legislature and Office of County Historian could utilize a part- time AmeriCorps to assist with the planning and implementation of programs addressing local history, record keeping and website development, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney is hereby authorized to sign an agreement with the SUNY Cortland Research Foundation, and that said salary, not to exceed $1,400 shall be paid out of A10105 54055. ON MOTION OF MR. PACE RESOLUTION NO. 287-11 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 2012 budget in account numbers A14305.54004, A14305.54500, A14305.54055, A14305.58062, A14305.58065, A14305.58060, A14305.54050 and A14305.54770, CH9060 554055, NOWTHEREFORE 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 in beginning Dec. 31, 2011 through 2013, for or with the following to be paid from the accounts listed, and in accordance with the attached: PSTEK Family and Children’s Services of Ithaca Resources Family Health Network Hogan Surowka & Dewind, LLP Coughlin & Gerhart, LLP YMCA 244 ---PAGE BREAK--- EBS Benefit Solutions-Dental EBS Benefit Solutions-Vision EBS Benefit Solutions-Cobra EBS Benefit Solutions-Flex EBS Benefit Solutions-Retiree Billing Hogan Drug and Alcohol Testing, LLP ON MOTION OF MS. PRICE RESOLUTION NO. 288-11 Authorize Agreements Area Agency on Aging (Several Agencies, Departments, Etc.) RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney and subject to any appropriation of funding by the Legislature, be and hereby is authorized to execute agreements beginning Dec. 31, 2011 for or with the following, and in accordance with the attached information: David Alexander, Attorney at Law 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 GTL, Inc. (d/b/a Link to Life) Harmony Information Systems (formerly Synergy) Home Care for Cortland County, Inc. Lisa Kendall, CSW New York State Office for the Aging Scott United Methodist Church StafKings Healthcare Systems, Inc. Walden Place ON MOTION OF MS. PRICE SOLUTION NO. 289-11 Amend Budget Department of Social Services (Transfer – Safety Net) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2011 Budget, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A60105.56140 Program-Safety Net $20,000 Decrease: Expense: A60105.56109 Program-Family Assistance $20,000 245 ---PAGE BREAK--- ON MOTION OF MS. PRICE RESOLUTION NO. 290-11 Amend Budget Department of Social Services (Transfer – JD Care) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2011 Budget, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A60105.56123 Program-JD Care $30,000 Decrease: Expense: A60105.56109 Program-Family Assistance $30,000 ON MOTION OF MS. PRICE RESOLUTION NO. 291-11 Amend Budget Department of Social Services (Transfer-Medical Assistance) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2011 Budget, NOW BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A60105.56101 Program-Medical Assistance $12,000 Decrease: Expense: A60105.56109 Program-Family Assistance $12,000 ON MOTION OF MS. PRICE RESOLUTION NO. 292-11 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 12/31/11 and 12/31/12 for or with the following: All Metro Health Care Catholic Charities Community Action Program (CAPCO) 246 ---PAGE BREAK--- Cornell Cooperative Extension for Cortland County Cortland County Central Services Cortland County Probation Department Cortland County Sheriff’s Department Elmcrest Children’s Services Family Counseling Services First Transit d/b/a Cortland Transit Home Care for Cortland County Huntington Family Centers Jennifer Genovese, ACSW, LCSW J.M. Murray Center Legal Aid Society of Mid-New York Legal Consultants/Attorneys Liberty Resources Lifeline Systems, Inc. MedRev Recoveries Orchid Cellmark Photo Micrographics, Inc. Skeele Valley Detention Center Stafking Healthcare Systems, Inc. YWCA ON MOTION OF MS. PRICE RESOLUTION NO. 293-11 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 12/31/11 through 12/31/12 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 Cortland County Public Defender ON MOTION OF MR. PACE RESOLUTION NO. 294-11 Authorize Agreement Health Department Website On-Line Software Programming Support and Maintenance Services WHEREAS, the Cortland County Health Department is in need of website on-line software programming support and maintenance services involved in website development and on-going upgrades 247 ---PAGE BREAK--- and maintenance, as well as consulting and training support services for Health Department staff that are required to implement revisions and updates to the Cortland County Health Department’s website, AND WHEREAS, in the absence of a website software support position in the Information Technology Department, the Health Department is in need of the specialized website support and maintenance services that would be most effectively performed by a consulting agency that regularly and successfully performs these types of tasks, AND WHEREAS, Keegan Associates, 50 Clinton Avenue, Cortland, New York 13045 will provide the professional website software program support and maintenance services on an hourly basis at the rate of $ 80.00 per hour that will be billed at cost to the Cortland County Health Department on various support and maintenance tasks assigned by the Public Health Director, AND WHEREAS, monies for the above services are budgeted in Professional Services Expenditure account A40105.54055.4000, AND WHEREAS, the term of this agreement is from November 17, 2011, through December 31, 2013, 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 services with Keegan Associates, 50 Clinton Avenue, Cortland, New York 13045, not to exceed the budgeted amount of $5,000. ON MOTION OF MS. ARNOLD RESOLUTION NO. 295-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds-Renovations) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the said CAP will be physically located in County-owned space on the first floor of the County Office Building, 60 Central Avenue, Cortland, NY (“CAP space”), in space formerly occupied by the Environmental Health Department, AND WHEREAS, the CAP through the DA wishes to make payment to the Cortland County Department of Buildings and Grounds for renovations to the CAP space in the amount of $3,800 in the current fiscal year, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for the time period of November 11, 2011 through December 31, 2011, authorizing the DA to make payments to B&G in an amount not to exceed $3,600, AND BE IT FURTHER RESOLVED, that the 2012 County Budget hereby be amended to reflect this as follows: Increase: 248 ---PAGE BREAK--- Expense: A116543 43089 1160 CAP to B&G $3,600 Revenue: A11655 52025 1160 OCFS $3,600 ON MOTION OF MS. ARNOLD RESOLUTION NO. 296-11 Amend 2011 Budget Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Program) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND 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 as the lead agency with authority and responsibility to administer grant funds, which OCFS advises total $25,667 for the remainder of the OCFS fiscal year 2011, to pay the expenses of running the CAP and 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 August 1, 2011 through December 31, 2011, with OCFS, and the DA be and hereby is authorized to administer funds received from OCFS for the CAP and CAC, in an amount not to exceed $25,667, AND BE IT FURTHER RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expense: A116543 43089 1160 CAP $25,667 Revenue: A11655 51015 1160 $ 333.33 A11655 51005 1160 $ 4,000.00 A11655 52010 1160 $ 2,030.00 A11655 52015 1160 $ 3,000.00 A11655 52060 1160 $ 3,000.00 A11655 54000 1160 $ 150.00 A11655 54001 1160 $ 200.00 A11655 54003 1160 $ 500.00 A11655 54005 1160 $ 2,500.00 A11655 54020 1160 $ 50.00 A11655 54045 1160 $ 1.100.00 A11655 54050 1160 $ 3,800.00 A11655 54067 1160 $ 3,200.00 (Rent McNeil) A11655 54067 1160 $ 600.00 (Rent County) A11655 54444 1160 $ 1,116.51 A11655 58020 1160 $ 61.66 A11655 58030 1160 $ 25.50 249 ---PAGE BREAK--- ON MOTION OF MS. ARNOLD RESOLUTION NO. 297-11 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the said CAP will be physically located in County-owned space on the first floor of the County Office Building, 60 Central Avenue, Cortland, NY, in space formerly occupied by the Environmental Health Department, 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, in the amount of $300 per month or $3,600 per year, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for the time period of December 31, 2011 through December 31, 2012, authorizing the DA to make payments to B&G in an amount not to exceed $3,600, AND BE IT FURTHER RESOLVED, that the 2012 County Budget hereby reflect this as follows: Increase: Expense: A116543 43089 1160 CAP to B&G $3,600 Revenue: A11655 54067 1160 OCFS $3,600 ON MOTION OF MS. ARNOLD RESOLUTION NO. 298-11 Authorize 2012 Budget Cortland County District Attorney (Office of Children and Family Services) (Child Advocacy Program) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND 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 $76,642 for the OCFS fiscal year 2012, to pay the expenses of running the CAP and CAC, NOW THEREFORE BE IT 250 ---PAGE BREAK--- 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, 2011 through December 31, 2012, with OCFS, and the DA be and hereby is authorized to administer funds received from OCFS for the CAP and CAC, in an amount not to exceed $76,642, AND BE IT FURTHER RESOLVED, that the 2012 County Budget hereby reflect this as follows: Increase: Expense: CAP $76,642 Revenue: OCFS $76,642 Agenda Item No. 1 – Adopt Local Law No. 5 of 2011 – A Local Law Overriding Tax Levy Limit for Fiscal Year 2012 On motion of Ms. Arnold. Seconded by Mr. Troy. Ms. Arnold noted that the 2012 budget is below the 2012 property tax cap. This Local Law is to cover the County should the state interpret the Property Tax Cap formula differently that the County. Mr. Murphy said due to exclusions from the tax cap, the budget will actually increase the tax levy by 4.3%, but still complies with the 2% tax cap. Ms. Briggs said the property tax cap was enacted for five years, and asked if this resolution covers the County for all five. Mr. Murphy answered no, that this resolution will need to be approved every year, and this only covers the 2012 budget. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 299-11 Adopt Local Law No. 5 of 2011 – A Local Law Overriding Tax Levy Limit for Fiscal Year 2012 Be it enacted by the County Legislature of the County of Cortland as follows: WHEREAS, according to New York State’s new Property Tax Cap legislation, if a county government decides to adopt a county budget with a property tax levy that exceeds the level set by the State, the county government must pass a local law to override that cap, AND WHEREAS adopting said local law is not predictive of the final tax levy but will provide the Cortland County Legislature flexibility to exceed the property Tax Cap if it is deemed necessary, AND WHEREAS, a public hearing to be held before the Cortland County Legislature on November 17, 2011, to hear all persons interested in proposed Local Law No. 5 of 2011, NOW THEREFORE BE IT RESOLVED, on recommendation of the Budget, and Finance Committee, that Local Law No, 5 of 2011 – A Local Law Overriding Tax levy Limit for Fiscal Year 2012 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. 251 ---PAGE BREAK--- Agenda Item No. 2- Revise 2012 Tentative Budget On motion of Ms. Arnold. Seconded by Mr. Troy. Ms. Arnold said the revisions were all approved by the Budget & Finance Committee. She noted that money was added for testing at the landfill, services for the Coroner’s department, payroll corrections, contract agencies like 1890 House, Lime Hollow, Cooperative Extension and the Sportsmen’s Federation, and a position put back in at the Dept. of Motor Vehicles, among other minor changes. All members voting in favor; Agenda Item No. 2 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 300-11 Revise 2012 Tentative Budget WHEREAS, the Tentative Budget for 2011 was presented by the County Administrator/Budget Officer and filed with the Clerk of the Cortland County Legislature on October 20, 2011, AND WHEREAS, the Budget and Finance Committee has recommended the attached revisions to the Tentative Budget in accordance with County Law, § 358, NOW THEREFORE BE IT RESOLVED, the Budget Officer’s Tentative Budget is hereby altered and revised in accordance with the attached. Agenda Item No. 3 – Adopt 2012 County Budget, as Revised On motion of Mr. Williams. Seconded by Mr. Cornell. Ms. Briggs asked if this budget includes a $5 increase in the tipping fee at the landfill. Mr. Murphy said that while this is his recommendation to cover closure costs, at this point it is not included in the revenue line in the budget. He said the Highway and/or Budget & Finance Committees did not take any action to increase the tipping fee. Mr. Willcox said he would like to reduce overtime in the Sheriff’s department by $300,000, and take an additional $400,000 from fund balance, which would bring the budget to an approximate 2% tax levy, rather than 4.3%. Ms. Price said taking additional funds out of the fund balance now puts future legislatures in a difficult position without a balance to draw from. All members voting in favor; except Mr. Willcox and Ms. Gofkowski, who were opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 301-11 Adopt 2012 County Budget as Revised WHEREAS, the Budget and Finance Committee has presented a Tentative Budget to the Cortland County Legislature on November 17, 2011, AND WHEREAS, a Public Hearing was held before this Legislature on November 14, 2011 to consider the Tentative Budget, NOW THEREFORE BE IT RESOLVED, that the 2012 Tentative Budget, as amended and revised with a Real Property Tax Levy of $32,423,470, and that the amounts set forth in the “Adopted” column of said budget be and hereby are appropriated for the objects and purposes specified, AND BE IT FURTHER RESOLVED, that the total estimated revenues together with the total amount of taxes to be levied shall, pursuant to County Law § 358, be equal to the total estimated expenditures. 252 ---PAGE BREAK--- Agenda Item No. 8 – Appoint Citizens Advisory Committee (Appointment of Veterans Officer, Clerk of the Legislature, County Attorney, County Auditor, and Public Defender) On motion of Mr. Williams. Seconded by Bushnell. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 302-11 Appoint Citizens Advisory Committee Appointment of Public Officials WHEREAS, the duly adopted Cortland County Rules of Order, Article II; Section 2, call for the creation of a Citizen’s Advisory Committee to be established to recommend candidates for the appointment of Veterans Service Officer, County Auditor, Clerk of the County Legislature, County Attorney and Public Defender, AND, WHEREAS, said committee, advised by the Personnel Director, shall be 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, with five votes needed to recommend, AND WHEREAS, said committee shall be abolished following the appointment of said positions, NOW THEREFORE BE IT RESOLVED, that the following are hereby appointed to the Citizen’s Advisory Committee: Larry Cornell – LD 18 Newell Willcox – LD 9 John Natoli – LD 8 Don Spaulding – LD6 John Troy – LD 1 Tom Hartnett – LD 4 Agenda Item No. 12 – Authorize Agreement – Recycling - JM Murray Center Recycling Sorting Services On motion of Mr. Fuller. Seconded by Mr. Troy. Ms. Price said this is for a term of one year, and can be revisited. She added that this resolution will result in two employees being laid off. Mr. Murphy said there is one employee who may move to another position, if they choose to. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 303-11 Authorize Agreement Recycling/Highway Department J.M. Murray Center-Recycling Sorting Services WHEREAS, the Highway Committee and the J.M. Murray Center desire to continue a program started in 2005 to create opportunities for employment for persons with disabilities while providing recyclable sorting services for the County, AND WHEREAS, the J.M. Murray Center is a New York State preferred vendor under § 162 of the Finance Law has presented a proposal to provide said service, NOW THEREFORE BE IT 253 ---PAGE BREAK--- RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with the J.M. Murray Center Inc., 823 NYS Rte. 13, Cortland, NY 13045 for the period of December 31, 2011 through December 31, 2012 in the amount not to exceed $180,000.00, to be paid from Appropriation Account EL81615.54055. Agenda Item No. 11 – Reject Bids – Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials On motion of Mr. Fuller. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 304-11 Reject Bids Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials Recycling Center/Highway Department WHEREAS, the Cortland County Highway Superintendent advertised for bids for: The Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials from the Cortland County Recycling Facility, AND WHEREAS, the bid documents, included two options to consider for bidding as follows: Option # one Load, Transfer, Haul & Staff Facility. Option # two Transfer and Haul Operation With County Staffing at Transfer Facility, With the County Utilizing Operator’s Pay Loader to Load Trucks, AND WHEREAS, the Cortland County Highway Superintendent received the following bids: COMPANY NAME AMOUNT OF BID WM Recycle America, L.L.C. Option # 1 No Bid 4550 Steelway Boulevard South Liverpool, NY 13090 Option # 2 $40.00 per Ton Net Revenue To the County Casella Waste Services of Ontario LLC Option # 1 $25.00 per Ton Cost 3555 County Road 49 To the County Stanley, NY 14561 Option # 2 $33.00 per Ton Net Revenue To the County , AND WHEREAS, the Highway Committee has determined that it is in the best interest of the County to reject the bids received for: The Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials from the Cortland County Recycling Facility, NOW THEREFORE BE IT RESOLVED, that THE Cortland County Legislature hereby rejects the bids for: The Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials from the Cortland County Recycling Facility as listed above. 254 ---PAGE BREAK--- Agenda Item No. 13 – Authorize Agreement/Leachate Testing (Highway) On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 305-11 Authorize Agreement/Leachate Testing Highway Department WHEREAS, the Highway Superintendent has recommended Microbac-New York, PO Box 5510, Cortland New York to perform laboratory testing for the Highway Department, AND WHEREAS, the testing of leachate and storm water runoff 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 an agreement with Microbac-New York, PO Box 5510, Cortland New York to perform laboratory testing and the associated report preparation for the Cortland County Highway Department for an estimated cost of $12,000 per year, commencing on the execution of the agreement and ending December 31, 2012, AND BE IT FURTER RESOLVED, that all costs associated with the necessary laboratory testing shall be charged to account # EL81605.54055. Agenda Item No. 14 – Authorize Agreement/Environmental Monitoring – Highway Department Landfill On motion of Mr. Fuller. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 306-11 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 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 the execution of the agreement and ending December 31, 2012. Agenda Item No. 16 – Authorize Funding for Construction of Highway Capital Improvement Plan On motion of Mr. Fuller. Seconded by Ms. Price. Ms. Arnold said two bridges in the town of Truxton have been posted with a weight limit which has restricted access to construction, some emergency and agricultural vehicles. Ms. Price said that the Highway Department funds have been cut for several years, and the County’s infrastructure has suffered as a result. Ms. Briggs said she does not support bonding for the replacement of the Little York Lake dam. Rather she would like to see a special tax district set up to allow the residents of the lake to help offset the costs. She added that she has not had time enough to 255 ---PAGE BREAK--- review the details of the capital plan and the impacts of bonding to support the resolution. Ms. Arnold said the 10-year plan was originated in 2004, and has not been acted on since then. Mr. Murphy explained that this resolution only authorizes the County to go to bond, it is not the actual sale of the bonds. He said every project to be done will come back before the legislature not only for bonding, but for contracting for the work to be done. Mr. Chambers said the timing of the resolution is critical, as plans need to be drawn up, with supplies and materials bid out very soon in order to begin projects in 2012. All members voting in favor, except Ms. Briggs, Mr. Hartnett, Mr. Willcox and Mr. Waldbauer, who were opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 307-11 Authorize Funding for Construction of Highway Capital Plan Highway Department WHEREAS, the County desires to construct the Project Listed in the County Highway Department’s 10 year Capital Plan, AND WHEREAS, Cortland County intends to fund the portion of the County Highway Department’s Capital Plan not funded by the Consolidated Highway Improvement Plan (CHIPs), AND WHEREAS, the Capital Plan cost is estimated to be $30,000,000, NOW THEREFORE BE IT RESOLVED, the Cortland County Legislature hereby authorizes the funding of the Highway Department Capital Plan, AND BE IT FURTHER RESOLVED that Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is authorized to sign any and all documents, and agreements associated with the implementation of the Cortland County Highway Department Capital Plan, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to secure the necessary revenue bonds to cover the cost of the said Capital Plan in the amount of $1,600,000 annually with 2013 being the exception where $2,600,000 is the estimated amount needed to be secured, AND BE IT FURTHER RESOLVED that the Cortland County Treasurer is hereby authorized and directed to establish a capital account in the amount of $17,000,000 for the projects contained in the said Capital Plan, AND BE IT FURTHER RESOLVED, that all costs associated with the implementation of the County Highway Department Capital Plan shall be charged to the various said project accounts. Agenda Item No. 17 – Support Federal Legislation Changing Bridge Design Standards – Highway On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. FULLER RESOLUTION NO. 308-11 Support Federal Legislation Changing Bridge Design Standards Highway Department WHEREAS, Congressman Reed has proposed legislation, designed with input from County Highway Superintendents in the Rochester/Genesee Region, that will significantly reduce the time (up to 256 ---PAGE BREAK--- 3 months)and cost (15-20%) of design of simple road and bridge replacement or rehabilitation projects, AND WHEREAS, the bill seeks to require only one environmental review for road and bridge replacement projects by eliminating the requirements of doing both Federal Environmental regulatory review (NEPA) and NYS Environmental review (SEQR) for projects supported with Federal Funds, AND WHEREAS, the bill exempts projects of this type from NEPA review by offering an automatic Categorical Exclusion and allow State Environmental review processes to govern, AND WHEREAS, such exemptions are encouraged under NEPA regulation when history has shown no adverse environmental effects occur for certain types of infrastructure projects, as is the case for simple road and bridge rehabilitation/reconstruction projects, NO THEREFORE BE IT RESOLVED, that the Cortland County Legislature supports the legislation proposed by Congressman Reed as a necessary step in reducing burdensome and redundant regulation that delay the prompt and cost effective delivery of Public Works projects supported through the Federal Surface Transportation program, AND BE IT FURTHER RESOLVED, that the County Administrator and Superintendent of Highways are authorized to support Congressman Reed and his staff in promoting the passage of such legislation by educating the public and partnering with professional associations to offer analysis of the benefits to this legislation, AND BE IT FURTHER RESOLVED, that copies of this resolution be sent by the Clerk of this Legislature to Congressman Reed, Congressman Hanna, Senator Gillibrand, Senator Schumer and the Cortland County Highway Superintendent. Agenda Item No. 18 – To Make a Determination of Significance As Part of the Completion of the SEQR Process for Proposed Local Law No. 6 of 2011 On motion of Mr. Fuller. Seconded by Ms. Gofkowski. Mr. Troy said the landfill is currently accepting about 20,000 tons per year, even though it is permitted to accept 44,500 tons. If the local law is passed, and accomplishes it’s goal, then the amount of trash being accepted will be doubled. He said this will have an environmental impact of some kind, and the SEQR did not even address leachate composition from the acceptance of BUD or out-of-county trash, yet determined no significant impact. Ms. Briggs said the County should not proceed without having a public information meeting on all the options. She said that she would refuse to vote on the resolution - not abstain or vote yes or no – she was not voting at all. Mr. Fuller said last time the SEQR was voted down because not enough information was presented. He said a representative from Barton & Loguidice came to the committee and answered any and all questions by the legislature. Ms. Arnold noted that the draft law was changed to allow acceptance of out-of-county trash only from contiguous counties. Mr. Willcox made a motion to call the question. The clerk read a roll call vote on the motion to call the question (see attached). The motion was approved with a weighted vote of 48,599. The Clerk read the roll call vote on Agenda Item No. 18. (see attached). Due to a computer error, the wrong vote tally was given, and the Clerk announced the motion had failed. (Upon a re-count, the resolution was approved, with a weighted vote of 25,166. Agenda Item No. 18 became: ON MOTION OF MR. FULLER RESOLUTION NO. 309-11 To Make A Determination Of Significance As Part Of The Completion Of The SEQRA Process for Proposed Local Law No. 4 of 2011 257 ---PAGE BREAK--- WHERAS, the Cortland County Legislature has drafted and proposed Local Law No. 4 Of 2011, “A Local Law To Establish A Program For The Collection, Transportation And Disposal Of Solid Waste And Recyclables At The Cortland County Landfill,” AND WHEREAS, Resolution 231-11 authorized a contract with Barton & Loguidice, 290 Elwood Davis Road, Syracuse, New York 13220 for consultation in the preparation of said proposed local law, and preparation of a short-form State Environmental Quality Review, AND WHEREAS, the Cortland County Legislature has identified and considered all relevant or potential impacts and issues related to the adoption and implementation of the proposed local law, and made a determination in a written document (Environmental Assessment Form) pursuant to the requirements of the State Environmental Quality Review Act, NOW THEREFORE BE IT RESOLVED, that for the purposes of completing the SEQRA review for said project, the County Legislature has determined that the proposed Local Law No. 4 of 2011 will not have a significant adverse environmental impact for the reasons set forth in the EAF, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature adopts and issues the attached Negative Declaration under SEQRA for proposed Local Law No. 4 of 2011, AND BE IT FURTHER RESOLVED that all of the required documentation to support this determination, which is termed a Negative Declaration, be completed and forwarded to the appropriate agencies as required under the SEQRA Regulations of Part 617. Agenda Item No. 19 – Adopt Proposed Local Law No. 6 of the year 2011 – Solid Waste Law As a result of the announcement of the incorrect vote count on Agenda Item No. 18, and the impression that the resolution had failed, Mr. Fuller pulled Agenda Item No. 19 from consideration. Agenda Item No. 23 – County Treasurer – Reallocate Salary Grade On motion of Mr. Pace. Seconded by Ms. Gofkowski. Ms. Price said she disagrees with the reassignment of the Treasurer’s duties on a permanent basis, and she would like to see them restored in the future, and thus the salary to stay the same. Mr. Williams asked for a roll call vote (see attached). The resolution was approved with a weighted vote of 34,981, and Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 310-11 County Treasurer Reallocate Salary Grade (Amend Management Compensation Plan) WHEREAS, the Cortland County Legislature has realigned some of the financial operations of the County by transferring some of the duties and responsibilities from the Office of the Treasurer to the Office of the County Administrator/Budget Officer effective August 1, 2011, AND WHEREAS, this restructuring resulted in a reduction in the responsibilities of the County Treasurer and the necessity of changing the allocation of the County Treasurer position to begin January 1, 2012, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature authorizes the reallocation of the position of Cortland County Treasurer from Grade 4 ($57,599 - $70,078) in the Management Compensation Plan, to Grade 11 ($32,617 -$39,684) effective with the new term of office to begin January 1, 2012. 258 ---PAGE BREAK--- Agenda Item No. 31 – Authorize Agreement/Accept Funds – Tobacco Enforcement Program (Health Department) On motion of Mr. Pace. Seconded by Mr. Troy. Ms. Price said she does not think minors should be used in “sting operations,” which is included in these grant funds. All members voting in favor, except Ms. Price, Mr. Ross, Mr. Hartnett and Mr. Williams, who were opposed. Agenda Item No. 31 became: ON MOTION OF MR. PACE RESOLUTION NO. 311-11 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program WHEREAS, Adolescent Tobacco Use Prevention Act (ATUPA) funding for tobacco enforcement activities is available 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, the total funding amount for Cortland County for the period 10/1/11 through 3/31/12 is $14,395 AND WHEREAS, these funds are already in the 2011 budget in Expenditure Accounts A40125.51005- 51010 $9,880 (Personnel), A40125.58020-58065 $4,493 (Fringe), A40125.54005-54060.4023 $22 (Contractual) and Revenue Account A401243.43450.4023 $14,395 (ATUPA), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with New York State Dept. of Health to accept these funds Agenda Item No. 32 – Authorize Agreements – Mental Health Department (Several Agencies) On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace made a motion to amend the resolution, to include an agency named “Ability” for an amount not to exceed $440 for 2012. Seconded by Ms. Cobb. All members voting in favor of the amendment; none opposed. Chairman Williams called for a vote on the amended resolution. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. PACE RESOLUTION NO. 312-11 Authorize Agreements Mental Health Department (Several Agencies, Departments, Etc.) 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, 2011 through 2012, for or with the following, and in accordance with the attached information: Ability Accumedic Amigodoc ASI of Cortland, LLC Catholic Charities of Cortland County Cortland Enlarged City School District Docutrac 259 ---PAGE BREAK--- Family Counseling Services of Cortland County, Inc. Franziska Racker Centers, Inc. Greenbriar Home for Adults J.M. Murray Madison-Cortland ARC Mental Health Association New York State Office of Mental Health Sentry Alarms Seven Valley Council on Alcoholism and Substance Abuse Services, DBA Cortland Prevention Resources Richard McNeilly, CPA Agenda Item No. 33 – Create Temporary Part-Time Continuing Day Treatment Specialist On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace explained this is a temporary position to be filled to assist in the transition of clients and patients from the Horizon House. The position will be eliminated once the transition is complete. Ms. Price asked when the transition is expected to be complete. Mr. Pace answered once the structural changes are made to the space on Clayton Ave. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. PACE RESOLUTION NO. 313-11 Mental Health Create Temporary Part-Time Continuing Day Treatment Specialist WHEREAS, the needs of the agency will be better served by creating one, temporary part-time position of Continuing Day Treatment Specialist, AND WHEREAS, the Health and Budget & Finance Committees recommend the creation of this position, NOW, THEREFORE, BE IT RESOLVED, that one, temporary part-time position of Continuing Day Treatment Specialist (CSEA grade 15, $17.5481-21.3500/hr., competitive class) be and hereby is created effective on or after November 21, 2011, for up to one year. Agenda Item No. 38 – Create Delinquent Tax Receiver – Treasurer’s Office On motion of Ms. Arnold. Seconded by Mr. Willcox. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 314-11 Create Delinquent Tax Receiver Treasurer’s Office WHEREAS, the needs of the County will be better served by creating one full-time position of Delinquent Tax Receiver, AND WHEREAS, the Budget and Finance Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one full-time position of Delinquent Tax Receiver in the Treasurer’s Office (Grade 10 $14.9106 - $18.1410, CSEA, competitive class) be created effective December 12, 2011. 260 ---PAGE BREAK--- Agenda Item No. 39 – Authorize Contract/Richard McNeilly, CPA On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 315-11 Authorize Contract/Richard McNeilly, CPA WHEREAS, Article 2 §21 of the NYS Transportation Law requires that Cortland County prepares a “schedule of state transportation assistance expended” and that said schedule be prepared by an independent Certified Public Accountant, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized to enter into an agreement with Richard M. McNeilly, 24 W. Franklin Street, Horseheads, NY 14845, for said services with a cost not to exceed $8,000.00 to be paid from the Highway Professional Services Account No. D50205.54055. As the next resolution was not on the agenda, the clerk asked for a motion to suspend the Rules of Order to consider the resolution. Seconded by Mr. Parker. All members voting in favor; none opposed. The item became: Agenda Item No. 40 – Award Recycling Broker – Recycling Center/Highway On motion of Mr. Williams. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. FULLER RESOLUTION NO. 316-11 Award Contract Recycling Broker Recycling Center Highway Department WHEREAS, the Cortland County Highway Superintendent advertised for bids for the Sale and Transportation of Recyclable Materials from the Cortland County Recycling Facility, AND WHEREAS, the costs associated with the brokerage and transportation shall be subtracted from the gross sale amount for the recycled materials, AND WHEREAS, bid proposals were received for this work item and the lowest responsible bid for the work was received from: COMPANY NAME AMOUNT OF BID Advanced Resource Management, LLC $3.00 Per Ton Commission 109 Angelo St. Geneva, NY 14456 Fox Run Recycling, Inc. $5.00 Per Ton Commission 12 North Park St. P.O. Box 487 Seneca Falls, NY 13148 , NOW THEREFORE, BE IT 261 ---PAGE BREAK--- RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Legislature hereby awards the contract for the Sale and Transportation of Recyclable Materials to Advanced Resource Management, LLC, 109 Angelo St., Geneva, NY 14456, for the term of January 1, 2012 to December 31, 2013 in the amount of $3.00 per ton commission, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute the necessary agreements for said contract AND BE IT FURTHER RESOLVED, that all revenues associated with the Sale and Transportation of Recyclable Materials from the Cortland County Recycling Center shall be credited to account #EL816142.42130. Adjournment Mr. Bushnell made a motion to adjourn. Seconded by Mr. Willcox. The meeting was adjourned at 7:42 p.m. ROLL CALL VOTE Mr. Willcox’s motion to Call the Question on Agenda Item No. 18 - Determination of Significance of the Completion of SEQR for Local Law No. 6 of 2011. Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbaurer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 48599 Majority 24300 2/3rd 32400 ROLL CALL 262 ---PAGE BREAK--- VOTE Agenda Item No. 18 - Determination of Significance of the Completion of SEQR for Local Law No. 6 of 2011. Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 25166 Majority 24300 2/3rd 32400 Agenda Item No. 23 - Reallocate Salary Grade - Cortland County Treasurer Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 2362 263 ---PAGE BREAK--- Waldbaurer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 34981 Majority 24300 2/3rd 32400 Cortland County Legislature December 22, 2011 6:00 P.M. Minutes Public Hearing The Clerk read the legal notice for Proposed Local Law No. 7 of 2011 - A Local Law Requiring Providing That A Road Preservation Permit Shall Be Required For Use Of County Roads That Exceed The Weight Or Dimensional Limits In Section 385 Of The Vehicle And Traffic Law Of The State Of New York. Chairman Williams asked those in attendance to keep their comments to three minutes. He said anyone who can not adhere to these rules or causes disruption of business will be asked to leave. Mr. Ron Rocco thanked Chairman Williams and other outgoing legislators for their time and dedication over the last two years. Mr. Rocco said he would like the legislature to ensure that the County and its taxpayers do not pay for road improvements that will be necessary due to heavy industry such as hydrofracking and or windmill projects that will be working in the County. Chairman Williams asked if there was anyone else who wished to speak. Seeing none, Chairman Williams closed the public hearing. Order of Business Following a public hearing on proposed Local Law No. 7 of 2011, (Road Preservation Permit Law) Chairman Williams opened the meeting at approximately 6:09 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Ms. Briggs, who was excused. Approval of Minutes Mr. Troy made a motion to approve the minutes of the Nov. 14, 2011 Special Meeting, and the Nov. 17, 2011 Regular Meeting. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Chairman Williams said the time limit is three minutes per person. He said time will not be deferred from one person to another, and those who are disruptive will be asked to leave. Mr. Robert Duell spoke in favor of Agenda Item No. 42 (Motorola Lease). On behalf of all emergency personnel, Mr. Duell thanked the legislature for their efforts to date on this project. 264 ---PAGE BREAK--- Mr. Mahlon Irish Jr., spoke in favor of Agenda Item No. 42 (Motorola Lease). He thanked the Legislature for their support of the Emergency Interoperable Communications System. He thanked the IT Department and Kevin Whitney for their efforts in obtaining $4 million in grant money for the project. Mr. Ron Rocco spoke in favor of Agenda Item No. 3 (Oppose Article X of the Power NY Act.) He thanked the Legislature for trying to preserve the County’s home rule authority. He spoke in opposition to Agenda Item No. 22 (Eminent Domain at airport). He said the County should not be in the practice of taking people’s property. Mr. Rocco is in opposition to Agenda Item No. 26 (Proposed Local Law No. 6 – Solid Waste Law). He said he has concerns about the water quality of the County due to any changes at the landfill. Mr. Lynn Eaton Jr. of Cortland, spoke in opposition to Agenda Item No. 26. He said the County should research other avenues for managing solid waste at the landfill, such as gasification and others. Ms. Betty Glezen of Cortland spoke in opposition to Agenda Item No. 26. She said she has signed a petition in opposition of landfill expansion, along with 1,700 other residents, because she is concerned with water quality and other quality of life issues. Ms. Anne Doyle of Cortland spoke in opposition to Agenda Item No. 26. She said legislators need to allow for the opportunity to hear information shared at a recent meeting in McGraw. She asked that legislators meet with Mr. Rocco, Rev. D. Miller, and others. Mr. John Carroll spoke in favor of Agenda Item No. 26. He said there are some legislators who are voting against the solid waste law, which will directly result in an increase in taxes in 2012. He said there is a fee paid to use the Virgil transfer station. He said there is a tax paid to operate the transfer station. And he is taxed for the general operations of the landfill. Ms. Lee Miller said she has initiated a lawsuit regarding the SEQR process. She said that the EnSol report called for creating a regional landfill. The report further stated that the County should apply for a DEC permit to increase the waste flow to the landfill. The report also recommended selling or leasing the landfill, which would result in increased tonnage. Mr. Dean Miller said there is misinformation being presented by the legislature. He said opening the landfill for outside trash paves the way to apply for a new DEC permit with increased tonnage levels, above and beyond the current permit. Michael of Cortland spoke in opposition to Agenda Item No. 26. He said the Legislature is not taking a long-term view of operations of the landfill. He said the reason the landfill is costing money now is due to bond payments. He said over the course of the life of the landfill those bond payments will be reduced and the landfill will be profitable. He said there are alternatives to approving this law. If the content of the leachate is changed due to changes in trash taken in, the city may not be able to treat it, which will be an additional cost to the County. Chief Lezore of the Onondaga Nation spoke in opposition to Agenda Item No. 26. He said other landfills, like one in Lafayette, NY, has polluted the creeks and streams of his Nation. He said Onondaga Lake is so polluted due to trash that his people can no longer fish in the lake. Stephen Flatt of Cortland spoke in opposition to Agenda Item No. 26. He said with a lawsuit pending, each legislator must be able to defend their position in front of a Supreme Court judge, and Legislators should keep this in mind when they vote tonight. He said taxpayers should not have to pay for the legal defense of the County for this law. Recognitions & Proclamations 265 ---PAGE BREAK--- The Clerk read a Recognition honoring Emanuel Lann, Director of the County Youth Bureau, for his 24 years of service, upon his retirement. The Clerk read four additional recognitions, thanking and honoring outgoing legislators Gofkowski, Waldbauer, Steger and Chairman Williams. Mr. Park asked that Mr. Carroll be recognized. Mr. Carroll thanked Mr. Williams for his time, effort and dedication to the Chairmanship and for his service as interim County Administrator. Receive & File Mr. Troy made a motion to Receive & File the Cortland County Treasurer’s Unpaid School Tax Report; and the Semi-Annual Mortgage Tax Distribution Report (April 1 – Sept. 20, 2011). Seconded by Ms. Gofkowski. All members voting in favor; none opposed. New Business Agenda Item No. 1 – Appoint Member Employment and Training Grand Administration Cayuga Cortland Workforce Investment Board On motion of Mr. Williams. Seconded by Mr. Cornell. Ms. Price said that Ms. Perez-Williams was in attendance earlier this evening, but was called away on business. Ms. Price said that Ms. Perez-Williams is proud to be named to this board, and the County is lucky to have her. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 316A-11 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board WHEREAS, pursuant to Section 117 of the Workforce Investment Act of 1998, the Governor of the State of New York has authorized and directed the Chief Local Elected Officials of the Cortland and Cayuga Counties, which have been designated as a Workforce Area, to appoint/reappoint members to the Workforce Investment Board for said Area, NOW THEREFORE BE IT RESOLVED, that the following person be and hereby is appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below: Regional Appointment Name Address Sector Term Juanita Perez Williams Syracuse, NY Wagner-Peyser, 1/30/11 – 7/30/14 Veterans E&T Service, Unemployment Insurance Agenda Item No. 2 – Authorize Agreement (Cortland Electronics) On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 317-11 Authorize Agreement Information Technology (Cortland Electronics) 266 ---PAGE BREAK--- WHEREAS, the Information Technology Department has received multiple quotes for installation of additional fiber optic cable from the County Courthouse to the Public Safety Building, AND WHEREAS, Installation of this Fiber Optic Cable is needed for the continued growth of and ever demanding requirements of our data and phone network, AND WHEREAS, a quote from Cortland Electronics to install and test this Fiber Optic Cable has been received in the amount of $4,293.33, NOW THEREFORE BE IT, RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter into an Agreement with, Cortland Electronics for a total of $4,293.33 to be paid from Account No. A16805.54055. Agenda Item No. 3 – Resolution in Opposition to Article 10 of the Power of NY Act of Public Service Law On motion of Mr. Williams. Seconded by Mr. Cornell. Ms. Arnold said the state is usurping local municipalities right to home rule, without even asking the County’s consent. Mr. Cornell said he will be forwarding this to the two towns he represents and asked the rest of the legislators to do the same. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 318-11 Resolution in Opposition to Article 10 of the Power of NY Act of Public Service Law Cortland County Legislature WHEREAS, New York State recently enacted legislation known as the Power of NY Act of 2011, amending Public Service Law by adding a new Article 10, which establishes a New York State Board of Electrical Generation Siting and the Environment, AND WHEREAS, said Board will have the authority to permit the siting of electrical generating facilities in the State which have a nameplate generating capacity of twenty-five thousand kilowatts, or more, AND WHEREAS, the Public Service Law Article 10, pre-emptively sets aside the authority of municipalities guaranteed by Local Law Section 10 of “The Municipal Home Rule Law of the State of New York”, AND WHEREAS, since 1894, Constitutional provisions upholding broad home rule powers have been used by the citizens of New York through their zoning and planning boards to permit local governing bodies to meet the unique and diverse needs of local residents made by locally-elected representatives, to ultimately decide whether such development was in their residents’ best interests, AND WHEREAS, Public Service Law Article 10 removes said decision making from local municipalities, and puts that authority into the hands of a bureaucratic State board which will have nominal representation from affected communities, and even that representation cannot be from elected representatives of those communities, AND WHEREAS, the new Board will have the authority to ignore “any local ordinance, law…or any local standard or requirement…if it finds that…such is unreasonably burdensome…on ratepayers whether located inside or outside of such municipality”, AND 267 ---PAGE BREAK--- WHEREAS, the new law further states that “no…municipality…may require any approval, consent, permit, certificate or other condition for the construction of operation” of such facility, AND WHEREAS, the large majority of the Board’s membership will have no connection to the affected communities and will not be directly affected by their decisions, AND WHEREAS, New York’s diverse communities are best served by maintaining the principles of home rule, including those set forth in the state Constitution, Local Government Bill of Rights, Statute of Local Government and the Municipal Home Rule Law, NOW THEREFORE BE IT RESOLVED, that Cortland County Legislature calls upon the Governor and members of the State Legislature to preserve and strengthen home rule and that our County will strongly oppose any State initiative to weaken or eliminate New York’s long-standing tradition of home rule and local government authority, AND BE IT FURTHER RESOLVED, that certified copies of this resolution be sent by the Clerk of the Legislature to Senate Majority Leader Dean Skelos, the Senate Minority Leader John L. Sampson, the Deputy Majority Leader for Intergovernmental Affairs Elizabeth Little, the Assembly Majority Leader Ron Canestrari, the Assembly Minority Leader Brian M. Kolb, Senator Jim Seward, Barbara Lifton and Governor Andrew Cuomo. Agenda Item No. 4 – Authorize Agreement – DSS/County Health Department On motion of Mr. Williams. Seconded by Ms. Price. Mr. Williams said the County contract with HCR to take over the operations of the CHHA and the Certificate of need is in question, and Social Services needs a contract in place to provide services. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 319-11 Authorize Agreement Department of Social Services (Cortland County Health Department) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the Cortland County Health Department for personal care services for eligible Cortland County Medicaid recipients, AND WHEREAS, the funding needed for this Agreement is provided through the Medicaid program and falls within the Cortland County Medicaid cap for local share in the Medicaid Management Information Systems (MMIS) Account A60105.56100, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of December 31, 2011 through December 31, 2012 with the Cortland County Health Department. Agenda Item No. 5 – Authorize Agreement – 6th Judicial Court District/Buildings & Grounds On motion of Mr. Willcox. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 320-11 268 ---PAGE BREAK--- 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, Cortland County has prepared a Budget for 2011-2012 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, 2008 through March 31, 2013 per Resolution No. 72-09, 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. Agenda Item No. 6 – Authorize Agreement – Information Technology/MUNIS On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 321-11 Authorize Agreement Information Technology (Munis) WHEREAS, the Contractual Agreement with MUNIS software used in various County Departments will expire on December 31st, 2011, AND WHEREAS, a new Contractual Agreement with MUNIS has been received for the period 12/31/2011 thru 12/31/2012 for $33,048.75 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. 7 – Authorize Contract – Information Technology Support Services (Town of Cortlandville) On motion of Mr. Willcox. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 322-11 Authorize Contract – Information Technology Support Services/Information Technology (Town of Cortlandville) 269 ---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 on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 8 – Authorize Contract – Information Technology Support Services (Cortlandville Fire District) On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 323-11 Authorize Contract – Information Technology Support Services/Information Technology (Cortlandville Fire District) 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 on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 9 – Authorize Agreement – Information Technology (All-Mode Communications/ Maintenances) On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 9 became: 270 ---PAGE BREAK--- ON MOTION OF MR WILLCOX RESOLUTION NO. 324-11 Authorize Agreement Information Technology (All-Mode Communications, Inc. – Maintenance) WHEREAS, the Maintenance Agreement with All-Mode Communications, Inc. for the primary PBX located in the County Office Building will expire on December 31st, 2011, AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc for December 31, 2011 thru December 31st, 2012 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. Agenda Item No. 10 – Authorize Agreement – Information Technology (All-Mode Communications VoIP) On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR WILLCOX RESOLUTION NO. 325-11 Authorize Agreement Information Technology (All-Mode Communications, Inc. - VoIP) WHEREAS, the Warranty for the Voice over IP(VoIP) PBX located in the County Office Building will expire on 12/31/2011 AND WHEREAS, the County of Cortland is desirous of obtaining a Maintenance Agreement with All- Mode Communications, Inc. for the Voice over IP(VoIP) PBX located in the County Office Building, AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc for December 31, 2011 thru December 31st, 2012 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. Agenda Item No. 11 – Adopt Confined Space Policy (Safety Office) On motion of Mr. Willcox. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. WILLCOX ESOLUTION NO. 326-11 Adopt Confined Space Policy Safety Office 271 ---PAGE BREAK--- WHEREAS, Cortland County is required to have a confined space policy for any employees working in confined spaces, or utilizing confined space equipment, NOW THEREFORE BE IT RESOLVED, that upon approval of the County Attorney, the Cortland County Legislature hereby adopts the attached Confined Space Policy Confined Space Entry Initiated: October 12, 2011 Required by: PESH/OSHA and City Policy Reference: OSHA 1910.146 Coordination: Dept. Heads and the Training & Safety Office Employee Training Frequency: At time of assignment to duties involving confined space entry, when there is a change in duties, when requirements or procedures change, when a deviation from the procedures outlined for entry is necessary, and when employee performance indicates that retraining is required. Satisfactory training must be certified by the Safety Office. Summary: Confined spaces are well known to be lethal locations if stringent safety procedures are not implemented and strictly followed in every case. It is the position of the County of Cortland that our people, and any contractors doing work for the County will make entry into confined spaces identified as potentially hazardous only after training is verified and written procedures are established for the entry. Record Retention: Dept. Heads must retain all confined space permits issued under this procedure for at least one year to allow for the required annual review specified under Inspection below. The annual review report must be retained until superseded by the subsequent review. Entry Supervisors Responsibilities: The OSHA regulation makes clear the essential role of the entry supervisor in confined space work. Specifically, the entry supervisor is expected to: 1. Know the hazards to be faced during entry, including the mode, signs, and consequences of exposure Confined Space Assessment (Appendix 2. Verify that appropriate entries have been made on the Confined Space Permit (Appendix 2) that all tests specified on the permit have been made, and all specified procedures and equipment are in place before signing the permit and allowing entry to proceed. 3. Terminate the entry and cancel the permit when the work is completed or a non-permitted condition arises. 4. Verify that rescue services are available and that the means to summon them are operable. 5. Remove any unauthorized individuals from the space or who are attempting to enter the space. 6. Periodically ensure that conditions remain safe for the work being done, particularly when hazards warrant or work responsibility is transferred between individuals or groups. 7. In order to fulfill his/her responsibilities, entry supervisors are expected to read and understand OSHA 1910.146 and appendices on which this procedure is based. Training Key Points: The trainer or job supervisor must cover these points with personnel who will be assigned a role in the entry of confined spaces and must periodically verify that performance is consistent with training. 1. Tell trainees that a “confined space” is defined as a space: a. Large enough for a person to enter and do work. 272 ---PAGE BREAK--- b. That has limited access (such as tanks, vessels, silos, storage bins, hoppers, vaults, pits, manholes, ducts, sub-cellars, machine spaces, excavations, tunnels, ceilings, head houses, etc.) c. That is not designed for continuous occupancy. 2. Explain that a confined space can be of two types depending on the hazard presented. a. Permit-required confined spaces are the most hazardous and most controlled because they have one or more of these conditions: i. Have, or could have, a hazardous atmosphere (such as inert gas, toxic fumes, or a lack of good breathable air), or ii. Has material that can engulf the worker (such as an inert gas, toxic fumes, or a lack of good breathable air), or iii. Has converging sides or a sloped floor that could squeeze the worker if he/she slipped (such as a grain silo or bulk materials bin), or iv. Has any other recognized serious safety or health hazard. b. A non-permit confined space is one without the hazards listed above and is unlikely to cause death or serious physical harm 3. Each operating department is responsible for completing and updating the Confined Space Inventory Form (Appendix which lists both permit-required and non-permit confined spaces, their location and their hazards. 4. Explain that this procedure deals with permit-required confined spaces as covered in OSHA 1910.146, but that entry to other confined spaces where a permit is not required must still be made with careful attention to the safety of the entrants and to rescue if an emergency should occur. 5. Make it clear that it is County policy that no one may enter a confined space of any kind (permit- required or non-permit) without a competent attendant on duty nearby. By their very nature, confined spaces may make escape difficult in case of illness, injury, or external event, so no person should be left alone without someone in the immediate vicinity to assist. 6. For every fixed-location or routine task permit-required confined space, the Confined Space Assessment (Appendix2) will be completed and will guide training and the completion of the Confined Space Entry Permit (Appendix a. All spaces determined to be permit-required confined spaces will be labeled with signs reading DANGER-PERMIT-REQUIRED CONFINED SPACE-DO NOT ENTER. In addition, such spaces will be locked, if possible, to prevent inadvertent entry. 7. For work in excavations, manholes, sewers and other variable and non-fixed spaces that meet the criteria for permit-required entry, the Confined Space Entry Permit (Appendix will serve as the training and planning document for that activity. Additional guidance for sewer entry can be found in OSHA 1910.146, Appendix E. 8. For entry into permit-required confined spaces, the County program includes: a. Measures to prevent unauthorized entry (see 6.a. above). b. Identification and evaluations of hazards (see 6. and 7. above). c. Development and implementation of entry procedures (see 6. and 7. above), including: i. Acceptable entry conditions. 273 ---PAGE BREAK--- ii. Employee observation of monitoring and results. iii. Isolation of the permit space. iv. Preparation of the space to eliminate or control atmospheric hazards. v. Providing barriers to pedestrian and vehicular traffic to protect entrants. vi. Verification of safe conditions throughout the entry period. d. Providing testing and monitoring equipment, ventilation equipment, communications equipment, PPE if engineering controls and work policies are not adequate, lighting equipment, barriers and shields, entry equipment such as ladders, rescue equipment, and anything else needed for safe entry. e. Evaluation of space conditions, including pre-entry testing, continuous monitoring if conditions can change, testing for oxygen, combustible gasses and vapors, and then toxic material (in that order), and retesting if there are employee concerns (see 10. below). f. Having at least one attendant outside the space at all times. g. Identification of all roles and duties (see 11. below). h. Procedures for summoning aid and effecting rescue (see 13. below). i. Procedures for permit issue and retention. j. Procedures for coordination of work during entry when company employees and contractor personnel may be in the same space (see 12. below). k. Procedures for concluding the entry activity when work is done and retaining the entry permit for future evaluation. l. Review any problems during entry to ensure that corrective action is taken before the next entry activity takes place to prevent adverse consequences. 9. Preparation of the permit-required confined space must be in accordance with the Confined Space Assessment form, the Confined Space Entry Permit, and the provisions of Control of Hazardous Energy Lockout/Tagout (if applicable). a. Testing of the space, if required, must be performed by an individual well trained and qualified in the use of appropriate testing equipment, the equipment must be properly maintained and calibrated in accordance with manufacturer’s instructions, and testing should consider the provisions of OSHA 1910.146, Appendix B, Procedures for Atmospheric Testing. b. As a general rule, entry may not be made into a confined space that has an atmosphere that is immediately dangerous to life and health (IDLH). Every reasonable effort must be made to make the space safe for occupancy. If entry must be made under extreme circumstances, management approval is required and detailed planning for entry and rescue must be completed and implemented. 10. Under certain circumstances where the only hazard is atmosphere that can be removed or diluted to a safe level by forced-air ventilation and where the conditions are continuously monitored to ensure safety, implementation of the full permit-based program is not required. Such conditions will be outlined, and procedures specified, in the Confined Space Assessment (Appendix OSHA 1910.146 provides details of the requirements. 11. Describe the roles performed in permit-required confined space entry a. The entry supervisor authorizes the work and ensures compliance with the permit. i. Discuss specific responsibilities outlined on Page 1. b. The authorized entrant is the person who can enter the space to do work. i. Know hazards faced, including signs, modes and consequences of exposure. ii. Be able to use equipment properly. iii. Communicate with attendant about status and be able to evacuate, if needed. 274 ---PAGE BREAK--- iv. Alert attendant in case of warning signs or or a prohibited condition. v. Leave the space if ordered, if signs or of a problem develop, if prohibited conditions occur, or an alarm sounds. vi. Authorized entrants must be trained in basic first aid and CPR. c. The attendant is the person who stays outside the space to ensure work progresses safely. i. Knows hazards. ii. Is aware of possible behavioral effects of hazard exposure. iii. Keeps an accurate count of entrants. iv. Remains outside the space until relieved or work is complete. v. Maintains communications with entrants. vi. Monitors activities in and around the space to ensure it is safe for work to continue and orders evacuation if there is a prohibited condition, if adverse behavioral effects are detected, if an outside situation could put entrants at risk, and/or if he/she can not safely perform duties. vii. Summons rescue and emergency services, if needed. viii. If unauthorized individuals approach or enter the space, warns them away or advises them to exit and notifies entrants and the supervisor. ix. Performs non-entry rescue in accordance with rescue procedure. x. Performs no other duties that might interfere with attendant responsibilities. d. Rescue and emergency services personnel provide assistance in an emergency. 12. If contractors are to perform confined space entry on company spaces, they must present evidence of a permit-required confined space entry program that is as effective as the County program. a. To ensure the safety of contractor personnel during confined space entry, the contract supervisor will provide and review the Confined Space Assessment form (Appendix 2) with contractor entry personnel and will take steps to ensure that an entry permit consistent with the assessment is complete and followed. b. If contractors are to work in the same permit-required confined space, they must follow County procedures and sign the permit along with all County personnel involved in entry. c. Following work in a permit-required confined space, the contractor entry supervisor must hold a debriefing meeting with the County job supervisor to discuss and resolve any hazards or issues that arose during the entry. 13. To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements: a. Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative. b. The other end of the retrieval line shall be attached to a mechanical devise or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical devise shall be available to retrieve personnel from vertical type spaces more than 5 feet (1.52m) deep. 275 ---PAGE BREAK--- Inspection: The job supervisor, or other competent person, must perform an annual review of all completed confined space permit forms to identify and make any changes necessary in the confined space program so as to ensure the safest possible conditions for future entry. 276 ---PAGE BREAK--- Cortland County Confined Space Assessment Department: Date of Assessment: Space: Assessment Conducted By: Usual Purpose of Entry: Number of Entrants Required: Number of Attendants Required: Hazards: Isolation and Hazard Control Measures (check those that apply to this space) Electric Power Locked Out Disconnected Fuses Pulled Tagged Pipe Connections Disconnected Blanked Tagged Double Valve Closed, Vented, Locked Space Cleaned Water Wash Steam Wash Solvent Wash Other Ventilation Ambient Forced Induced Other Lights and Power Standard Low Voltage Explosion Proof Portable GFCI Static Grounding No Yes (specify) Barricades Vehicle Control Pedestrian Control Excavation Protection (Section 2.19 used) PPE: Hard Hat Boots Eye Prot. (type) Ear Prot. (type) Gloves (type) Rubbers Harness w/ lifeline Wristlets w/ lifeline Filter mask (type) Airline (demand) Airline (constant flow) Protective clothing (type) SCBA Supplied air suit Escape air pack Access (specify): Other sections of the manual that apply to this job: 2.13 Lockout/Tagout 2.14 Hot Work 1.8 JHA Tools and equipment required for entry: Special requirements (specify) Atmospheric Testing Element/Material Continuous Testing Permissible Limits Oxygen (confined space) Yes No 19.5% to 23.5% Oxygen (breathing air) Yes No 19.5% to 23.5% Flammable Yes No Under 10% Toxic Yes No Organic vapors Yes No Rescue Provisions Communications between entrants and attendant(s) Voice Phone Radio Hard Wire Other (specify) 277 ---PAGE BREAK--- Nearest phone: # Location: Nearest fire alarm location: Nearest emergency shower location: Nearest eye bath location: Phone number or method to summon emergency team: County of Cortland Confined Space Entry Appendix 1 Cortland County Confined Space Inventory Department: Date of Inventory: Inventory conducted by: Space Location (Please be specific) Hazard(s) Classification PR NP NPV AF Classification Key: PR=permit required, NP=No permit required, NPV=No permit required if forced air ventilates, AF=Assessment form complete Cortland County Confined Space Entry Appendix 2 Cortland County Confined Space Entry Permit Department: Space to be entered: Permit Date: Date/Time work to Date/Time work to end: Procedure being used: 278 ---PAGE BREAK--- begin: Purpose of entry: Hazards of space: Entry Supervisor: Attendant(s): Authorized entrant(s): Rescue personnel: Isolation and Hazard Control Measures (check those that apply and initial at right when field check shows they are in place) Electric Power Locked Out Disconnected Fuses Pulled Tagged Pipe Connections Disconnected Blanked Tagged Double Valve Closed, vented, locked Space Cleaned Water Wash Steam Wash Solvent Wash Other Ventilation Ambient Forced Induced Other Lights and Power Standard Low Voltage Explosion Proof Portable GFCI Static Grounding No Yes (specify) Barricades Vehicle Control Pedestrian Control Excavation Protection (Section 2.19 used) PPE: Hard Hat Boots Rubbers Eye Prot. (type) Gloves (type) Ear Prot. (type) Harness w/ lifeline Wristlets w/ lifeline Protective clothing (type) Airline (demand) Filter mask (type) Airline (constant flow) Supplied air suit SCBA Escape air pack Access (specify): Other sections of the manual that apply to this job: 2.13 Lockout/Tagout 2.14 Hot Work 1.8 JHA Special requirements (specify): Atmospheric Testing Element/Material Permissible Limits Continuous Testing Field Check Time Meter Reading Time Out Oxygen (confined space) 19.5% to 23.5% Yes No Oxygen (breathing air) 19.5% to 23.5% Yes No Flammable Under 10% Yes No Toxic Yes No Organic vapors Yes No Rescue Provisions Communications between entrants and attendant(s) Voice Phone Radio Hard Wire Other (specify) Nearest phone: # Location: Nearest fire alarm location: Nearest emergency shower location: Nearest eye bath location: Phone number or method to summon emergency team: 279 ---PAGE BREAK--- Rescue plan discussed by rescue team and entrants Yes No Authorization and awareness (sign and date if permit provisions are acceptable for safe entry) Line Supervisor: Authorized Entrant: Entry Supervisor: Authorized Entrant: Field Checker: Authorized Entrant: Attendant: Authorized Entrant: Attendant: Authorized Entrant: Rescue Team Member: Rescue Team Member: Rescue Team Member: Rescue Team Member: Cortland County Confined Space Entry Appendix 3 Agenda Item No. 12 – Authorize Contract – Systems Maintenance Services (Sheriff’s Messaging Server On motion of Mr. Willcox. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 327-11 Authorize Contract – 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, that RS6000 server is now five years old and out of its warranty perio, AND WHEREAS, a backup replacement server would be in excess of $6,000.00, AND WHEREAS, Systems Maintenance Services has submitted a quote for maintenance services 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. 13 – Accept Proposal/Authorize Agreement (Ehrlich Pest Control/Buildings & Grounds) On motion of Mr. Willcox. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 328-11 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 280 ---PAGE BREAK--- WHEREAS, the Buildings and Grounds Committee has solicited proposals from Pest Control Vendors to enforce the current “Wailer” system and be cognizant of its 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” in conjunction with its Migrate Aerial Treatment, both of which are derived from a concord grape based solution which is not harmful to humans or other mammals for the proposed price of $8,890.00, 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 install their “Rejex-it Fog Force” and Migrate Aerial Treatment on County Buildings at a cost not to exceed $8,890.00, 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. Agenda Item No. 14 – Amend Resolution/Contract (Ames Linen/Floor Mats) On motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PARK RESOLUTION NO. 329-11 Amend Resolution/Contract Ames Linen/Floor Mats WHEREAS, Resolution 279-11 included the Sheriff’s Department in the NYSID/Ames Linen contract, NOW THEREFORE BE IT RESOLVED, that the Resolution 279-11 be amended to exclude the Sheriff’s Department from the NYSID/Ames Linen, 67 Huntington St Cortland, NY AND, BE IT FURTHER, RESOLVED, the Chairman of the Cortland County Legislature with the approval of the County Attorney is hereby authorized and directed to enter into a contract with Ames Linen, 67 Huntington Street, Cortland, NY 13045 for floor mats as of December 1, 2011 - December 31, 2013. Agenda Item No. 15 – Amend 2011 Budget/Transfer Funds – Sheriff (Overtime) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PARK RESOLUTION NO. 330-11 Amend 2011 Budget/Transfer Funds Sheriff's Department/Jail (Over Time) WHEREAS, the cost of Overtime has increased to beyond the budgeted amount causing a deficit in the Overtime account, NOW THEREFORE BE IT RESOLVED, that the 2011County Budget is hereby amended as follows: Decrease: 281 ---PAGE BREAK--- Expenses: A31505-54083 Misc Support Services $27,000.00 Increase: Expenses: A31505-51020 Overtime $27,000.00 Agenda Item No. 16 – Authorize Agreement – Sheriff’s Department (Empire Interpreting Services) On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PARK RESOLUTION NO. 331-11 Authorize Agreement Sheriff's Department/Jail/Sheriff Empire Interpreting Service WHEREAS, Empire Interpreting Service, 24 Copeland Ave., Homer, N. Y.13077, has agreed to enter into an agreement to furnish Cortland County Jail/Sheriff with a Sign Language Interpreting for individuals or victims whom may need assistance from the Office of The Sheriff, Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Sheriff of Cortland County, upon review and approval by the County Attorney, be and hereby are authorized to contract with Empire Interpreting Service. This Agreement will be in effect from December 31, 2011 through December 31, 2016. Agenda Item No. 17 – Authorize Contract/Lease Agreement – Cortlandville Training Center On motion of Mr. Park. Seconded by Mr. Steger. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PARK RESOLUTION NO. 332-11 Authorize Contract/Lease Agreement Cortlandville Training Center WHEREAS, Cortland County wishes to utilize the Cortlandville Training Center for the purpose of providing training to Cortland County’s Emergency Responders, NOW THEREFORE BE IT RESOVLED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into a lease agreement with the Town of Cortlandville, 999 Route 13, Cortland, NY 13045, for a term of five years, as outlined in the attached inter-municipal lease agreement. Agenda Item No. 18 – Create Temporary Keyboard Specialist (Public Defender) On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PARK RESOLUTION NO. 333-11 Create Temporary Keyboard Specialist 282 ---PAGE BREAK--- Public Defender WHEREAS, the needs of the agency will be better served by creating one, temporary part-time position of Keyboard Specialist (17 Hrs/Wk), AND WHEREAS, the Judiciary & Public Safety and Budget & Finance Committees recommend the creation of this position, NOW, THEREFORE, BE IT RESOLVED, that one, temporary part-time position of Keyboard Specialist,17 Hrs/Wk,(CSEA grade 5, $13.0374-15.8620/hr., competitive class) be and hereby is created effective on or after January 1, 2012, for up to three months. Agenda Item No. 19 – Authorize Agreement (Cortland County District Attorney) – McMahon/Ryan Child Advocacy Center On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. PARK RESOLUTION NO. 334-11 Authorize Agreement Cortland County District Attorney (McMahon/Ryan Child Advocacy Center) (Child Advocacy Program Coordinator) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County under the aegis of the District Attorney’s Office to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND WHEREAS, the said CAP will employ an Executive Director/Coordinator (“Director”) to effectuate the purposes of the CAP and to run the day to day operations of the CAP, AND WHEREAS, it has been determined that the most fiscally conservative method of employing the said Director would be through a not-for-profit entity with which the DA/County may subcontract, AND WHEREAS, the McMahon/Ryan Child Advocacy Center (“McMahon/Ryan”) in Syracuse, NY has agreed to subcontract the said Director’s services as stated above, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign such agreements as are necessary to effectuate such subcontracted employment for the time period of December 31, 2011 through December 31, 2012, with McMahon/Ryan, on behalf of the DA. Agenda Item No. 20 – Abolish Positions – Highway Department/Recycling Center On motion of Mr. Fuller. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. FULLER RESOLUTION NO. 335-11 283 ---PAGE BREAK--- Abolish Positions Highway Department Recycling Center WHEREAS, the Cortland County Legislature has decided to outsource the labor component of the Recycling Center, NOW THEREFORE BE IT RESOLVED, that one position of Recycling Equipment Operator (Grade 10, $14.9106- 18.1410/hr, CSEA contract, non-competitive class) and one position of Recycling Crew Leader (Grade 14, $16.9654-20.6410/hr., CSEA contract, non-competitive class) be and hereby are abolished effective 12:00 pm December 31, 2011. Agenda Item No. 21 – Amend 2012 Budget – Professional Services (JM Murray Center) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. FULLER RESOLUTION NO. 336-11 Amend 2012 Budget Professional Services/JM Murray Center WHEREAS, Resolution No. 303-11 authorized Cortland County to Contract with the JM Murray Center for management and operations of the Cortland County Recycling Center, and authorized payment out of Professional Services, NOW THEREFORE BE IT RESOLVED, that the 2012 Budget be amended as follows: Decrease: EL816 51005 Personal Services (Rec. Equip) $25,000 EL816 51005 Personal Services (Rec. Crew) $25,000 Increase EL816 54055 Professional Services (Murray Center) $50,000 Agenda Item No. 22 – Authorize County Attorney to Proceed with Acquisition of Necessary Land Rights Under Eminent Domain Procedure - Airport On motion of Mr. Fuller. Seconded by Mr. Troy. Ms. Arnold said that this is allowing for an easement and the taking of trees only – no property or buildings will be acquired. All members voting in favor, except Mr. Waldbauer, who was opposed. Agenda Item No. 22 became: ON MOTION OF MR. FULLER RESOLUTION NO. 337-11 Authorize County Attorney to proceed with acquisition of necessary land rights under Eminent Domain Procedure Law Highway Department/Airport WHEREAS, the County Highway Department is 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 WHEREAS, in connection with said project, it is necessary that the County acquire certain property rights on lands listed in said County Resolution 71-10, AND 284 ---PAGE BREAK--- WHEREAS, the Highway Department, under the direction of the Office of the County Attorney, The Federal Aviation Administration, and the New York State Department of Transportation, has attempted to acquire the necessary property rights for said project by negotiation regarding certain property to no avail, AND WHEREAS, the Office of the Cortland County Attorney has determined that it is in the best interest of the project to acquire necessary land rights by condemnation under the Eminent Domain Procedure Law (EDPL), NOW THEREFORE BE IT RESOLVED, that the Office of the County Attorney hereby is authorized to represent the County of Cortland as condemner under EDPL to acquire the necessary property rights for said project, AND BE IT FURTHER RESOLVED that the County Attorney is hereby authorized to file the necessary petitions, notices and all other legally required documents, and represent the County of Cortland pertaining to said condemnation proceedings under EDPL to acquire the necessary property rights for said project. Agenda Item No. 23 – Establish T-Hangar Space and Ramp Tie-down Rental Rates (Airport) On motion of Mr. Fuller. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. FULLER RESOLUTION NO. 338-11 Establish T-Hangar Space and Ramp Tie-down Rental Rates Cortland County Airport WHEREAS, the County of Cortland owns, maintains and leases individual T-Hangar spaces and Ramp Tie-down spaces at Cortland County Airport, AND WHEREAS, the adopted 2012 County Budget requires an increase in revenue from said leased spaces at Cortland County Airport, AND WHEREAS, the Highway Committee of the Legislature recommends establishing the rental rates for said spaces as follows: o T-Hangar EF & GH (new T-Hangars) individual spaces at $235.00 per month, o T-Hangar AB & CD (old T-Hangars) at $210.00 per month, o Ramp Tie Down Spaces at $5.00 per night, or $50 per month with an approved rental contract, , NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby establishes rental rates as listed above at Cortland County Airport, AND BE IT FURTHER RESOLVED, that the above listed rental rates at Cortland County Airport shall take effect beginning December 31, 2011. Agenda Item No. 24 – Award Highway Equipment – Snow Plow/Dump Trucks (Highway) On motion of Mr. Fuller. Seconded by Mr. Spaulding. Mr. Willcox said the revenue brought in by the state does not cover this entire expense, and so he is opposed. Chairman Williams said that these trucks 285 ---PAGE BREAK--- will replace others that are falling apart, and will also meet the emission standards by the state. All members voting in favor, except Mr. Willcox. Agenda Item No. 24 became: ON MOTION OF MR. FULLER RESOLUTION NO. 339-11 Award Highway Equipment – Snow Plow/Dump Trucks Highway Department WHEREAS, the Highway Committee has approved the purchase of Two 2012 International Snow Plow/Dump Trucks from the NYS OGS Bid, Contract #PC62176, Group #40590, AND WHEREAS, the Highway Superintendent has recommended the purchase of Two 2012 International Snow Plow Trucks one unit will be equipped as a cab and chassis with snow removal equipment and one equipped with snow removal equipment and a self-unloading dump box, with the bid as follows: Snow Plow/Dump Trucks BIDDER BID International Truck & Engine Corp. $384,000.00 1568 Central Avenue Albany, New York 12205 , AND WHEREAS, the amount is not to exceed $384,000.00, 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 2012 International Snow Plow/Dumps Trucks. Agenda Item No. 25 – Household Hazardous Waste Application – Highway Department On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. FULLER ESOLUTION NO. 340-11 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 286 ---PAGE BREAK--- 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. 26 – Adopt Proposed Local Law No. 6 Of 2011 - A Local Law To Establish A Program For The Collection, Transportation And Disposal Of Solid Waste And Recyclables At The Cortland County Landfill On motion of Mr. Fuller. Seconded by Ms. Gofkowski. Ms. Price made a motion to table the resolution. Seconded by Mr. Troy. Mr. Fuller asked for a roll call vote (see attached). The motion failed with a weighted vote of 24,013. Assistant County Attorney David Hartnett said that on December 15, 2011, the County Attorney’s Office was served with an Article 78 proceeding. The suit seeks to annul and vacate the declaration made November 17 on the SEQR for Proposed Local Law No. 7. The suit seeks the County to prepare a full environmental impact statement, to permanently restrict any actions at the landfill without complying with the regulations of SEQRA, and seeks repayment for the costs of filing the suit. Mr. Hartnett said that four legislators have signed affidavits of support included in the suit, the County Attorney’s office has been requested to research if this is a conflict of interest on voting on Agenda Item No. 26. He said there is no clear answer, and that there is no clear conflict of interest. He said this is an issue of concern, and the NYS Attorney General has indicated that while there is not a clear conflict, and there should be concern regarding voting. Mr. Hartnett said he has spoken with the four legislators and informed them of this. He said he is not suggesting the four members abstain from the vote or be disqualified, but wanted them to be informed of his offices concern. Ms. Gofkowski asked which legislators have signed affidavits included in the lawsuit. Mr. Hartnett answered that legislators Hartnett, Bushnell, Spaulding and Troy have signed affidavits. Ms. Gofkowski asked these legislators to abstain from voting. Ms. Lee Miller and Mr. Ron Rocco spoke up from the audience. Chairman Williams asked Mr. Rocco to leave the legislative chambers as he was being disruptive. Ms. Arnold asked what the status of the law would be, if approved, with pending litigation. Mr. Hartnett said the law could go into effect, but either party could request from the courts that it be held or postponed from being acted upon. Mr. Hartnett added that the Attorney General has indicated that if there is a question of conflict, then the matter should be resolved by the County’s Board of Ethics. Ms. Price said she has checked with her personal attorney, who has advised that the four members in question would not have a conflict in voting. Chairman Williams called for a roll call vote (see attached). The motion failed with a weighted vote of 21,797. 287 ---PAGE BREAK--- Chairman Williams called for a five minute recess. Agenda Item No. 27 – Adopt Proposed Local Law No. 7 of 2011 - A Local Law Requiring Providing That A Road Preservation Permit Shall Be Required For Use Of County Roads That Exceed The Weight Or Dimensional Limits In Section 385 Of The Vehicle And Traffic Law Of The State Of New York On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. FULLER RESOLUTION NO. 341-11 Adopt Proposed Local Law No. 7 of 2011 A Local Law Requiring Providing That A Road Preservation Permit Shall Be Required For Use Of County Roads That Exceed The Weight Or Dimensional Limits In Section 385 Of The Vehicle And Traffic Law Of The State Of New York And Authorized By Section 1650(4) Of The State Of New York Section 1. Legislative Intent. The Cortland County Legislature hereby finds that the County could be facing a variety of impending major development projects that may result in extraordinary high-intensity traffic to and from development sites causing significant and measurable damage to Cortland County roads which may impair the health and safety of its residents and others who use the roads. The damage that results from high-intensity traffic must be anticipated, reviewed, analyzed and repaired and to proper and appropriate engineering standards. The Legislature has further determined that it is in the best interest of the general public and taxpayers to assign responsibility for the repair of damage to County roads to an appropriate standard prior to the commencement of the activity, for those responsible for the damage rather than to all County taxpayers. The purpose of this law is to maintain the safety and general welfare of County residents by regulating heavy use of County roads that could adversely affect our roads. The maintenance of its roads are important to the safety and economic well-being of the County and its residents. Section 2. Authority. The County is authorized to adopt this Local Law pursuant to Section 385 and 1650 of the Vehicle and Traffic Law of the State of New York to require truck users to enter into a road preservation, use and repair agreement to operate or move a vehicle or a combination of vehicles which the Superintendent of Highways determines exceed high-frequency, high-impact truck traffic. High-Frequency, High-Impact traffic shall mean traffic to and from a single project site that generates more than ten (10) truck trips per day for more than four consecutive days involving trucks that exceed 20 tons (truck and load combined) that could impact the roads of Cortland County. Section 3. Form: The Road Preservation Use and Repair Agreement shall be in accordance with Exhibit attached hereto. The Superintendent of Highways for Cortland County shall have the sole discretion in determining whether a Road Preservation; Use and Repair Agreement is required. Section 4. Enforcement: The County Highway Superintendent, in consultation with the County Attorney, shall enforce the provisions of this Local Law and all rules and regulations and designations made pursuant thereto. Such enforcement shall include, but not be limited to, legal and equitable proceedings without limitation and action for specific performance brought in the name of the County. 288 ---PAGE BREAK--- Section VI: Penalties for Offenses. A. Any person who violates this article shall be guilty of a violation and subject to a fine of not more than $1000.00 and/or imprisonment for not more than fifteen (15) days. Each and every act committed that is prohibited by this law shall constitute a separate violation. Each time a vehicle travels on a County Road without a permit as required by this law shall constitute a separate violation. Violations may be prosecuted by the County District Attorney or any other person with authority to prosecute violations within the County. B. Upon failure of any permittee to comply with the requirements of this article, the permit shall be subject to suspension, revocation or to the imposition of conditions. Section VII: Invalid Segment. Should any section or provision of this Local Law be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Local Law as a whole or any part thereof other than the part declared to be invalid. Section VIII: Effective Date. This Local Law shall take effect upon filing with the Secretary of State. Road Preservation, Use and Repair Agreement This Agreement (Agreement) effective the day of 20__ is made and entered into by and between Cortland County, acting through its duly constituted Highway Department (Municipality), located at 60 Central Avenue; and (Developer), a person, a corporation or entity, organized and existing under the laws of, or duly authorized to conduct business in the State of New York, having its principal place of business at Whereas, the parties hereto desire to provide for the use and repair of County Roads when subjected to damage or degradation by frequent or repetitive traversing of heavy vehicles employed in respect to transporting heavy construction equipment and hauling construction materials. Now Therefore, in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Terms and Conditions: Shall be set forth in Sections One to Eleven and Appendices A, B, and C. Term of Agreement: This Agreement shall be for a term commencing on the effective date hereof and ending when the project in respect of which it is entered into is complete and any applicable warranty period. In Witness Whereof, the parties hereto have executed this agreement as of the latest date written below. Developer Municipality By: By: CORTLAND COUNTY Title: Date: Date: Approved as to From: Date: 289 ---PAGE BREAK--- Road Preservation Use and Repair Agreement An Agreement Relating to the Use and Repair of Roads in the County of Cortland Section 1: PURPOSE The purpose of this agreement is to maintain the safety and general welfare of Cortland County residents and to preserve the municipal roads by regulating commercial and construction activities that have the potential to adversely affect road conditions and public right-of-ways. Well maintained roads are important to the economic well-being of the County of Cortland hereinafter, “the Municipality.” Commercial endeavors are also economically beneficial. This agreement is to protect the public right-of- ways from damage. The Legislature of the County of Cortland hereby enacts the following Road Preservation Use and Repair Agreement pursuant to the provisions of the Municipal Home Rule Law. Section 2: ENFORCEMENT The Municipality delegates to the Cortland County Highway Superintendent hereinafter, “the Designee,” the oversight of assuring construction/commercial activities do not have an adverse impact on roads. This individual will work directly with the company representative named on Appendix A. Section 3: DEFINITIONS a. Structural Class: 1. Structural Class 1 - The road structure has been upgraded to an adequate and high quality base of uniform thickness and material type. The driving surface is either an asphalt concrete pavement or bituminous surface treatment in good to excellent condition. The Granular Base and/or the Asphalt Pavement/Bituminous Surface Treatment are less than 10 years old and have 20 to 30 years remaining life. The complete road structure is capable of supporting heavy construction equipment (total estimated 18-KIP Equivalent Single Axles Loads) throughout the duration of the anticipated project, without needing major structural improvements prior to the project. However, heavy construction traffic loading will expend some of the useful life of the road pavement structure and shorten the life expectancy of the road, even though visible damage at the end of the project may not be severe. Visible damage could include but is not limited to increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and overall ride roughness. 2. Structural Class 2 - The road structure has been upgraded to an adequate and high quality base of uniform thickness and material type. The driving surface is either an asphalt concrete pavement or bituminous surface treatment in fair to good condition. The Granular Base and/or the Asphalt Pavement/Bituminous Surface Treatment are 10-20 years old, and have 10 to 20 years remaining life. The road is adequate to sustain construction traffic for the project. However, damage to the asphalt pavement/bituminous surface or base will be likely during the project thereby causing a significant decrease in serviceability for the traveling public, rough travel for construction equipment, and potential safety issues and increased difficulties in performing winter maintenance. Visible damage could include but is not limited to increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and overall ride roughness. 3. Structural Class 3 – The road structure has not been upgraded. The base layer/s is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The asphalt pavement is in fair to good condition with one or more of the following surface distresses present; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel 290 ---PAGE BREAK--- paths). Ride roughness may range from fair to excellent. The combined layers of the pavement structure continue to provide an acceptable level of service for the traffic using the road. The road is judged to be generally adequate to service the construction traffic and the traveling public throughout the duration of the proposed project. However, by the end of the project damage to the pavement structural system will likely be visible, and will take the form of increased extent of one or more of the following distresses; alligator cracking, edge cracking, longitudinal and transverse cracking, potholes and patches, rutting (especially in the wheel paths), and increased ride roughness. 4. Structural Class 4 – The road structure has not been upgraded. The base layer/s is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The asphalt pavement is in poor to fair condition with a rough deteriorated driving surface. The road is not capable of sustaining the magnitude and the duration of loading commensurate with a designated haul route (total estimated 18- KIP Equivalent Single Axles Loads) for an extended project. Use of the road without prior reconstruction may result in significant distresses such as severe alligator cracking, potholes, rutting, and very rough ride-ability within the duration of the project. The accelerated deterioration would create excessive demand for pavement repairs (i.e. pothole patching, rut filling etc.). The effectiveness of winter snow and ice maintenance would be greatly diminished (i.e. snow plows would not be able to operate efficiently and safely, snow and ice would be left in deep wheel path ruts after plowing etc.). Consequently the safe passage of the traveling public as well as construction equipment would be seriously compromised. 5. Structural Class 5 – The road structure has not been upgraded. The base layer/s is/are of inconsistent structure, poor to marginal quality and less than desired thickness. The road is not capable of sustaining the magnitude and the duration of loading commensurate with a designated haul route (total estimated 18-KIP Equivalent Single Axles Loads) for an extended project. Use of the road without prior reconstruction may result in significant distresses such as potholes, rutting, and very rough ride-ability within the duration of the project. The accelerated deterioration would create excessive demand for repairs (i.e. pothole patching, rut filling etc.). The effectiveness of winter snow and ice maintenance would be greatly diminished (i.e. snow plows would not be able to operate efficiently and safely, snow and ice would be left in deep wheel path ruts after plowing etc.). Consequently the safe passage of the traveling public as well as construction equipment would be seriously compromised. a. High Frequency, High Impact Traffic: Traffic to and from a single project site that generates more than ten truck trips per day for more than four consecutive days, involving trucks that exceed 20 tons (truck and load combined) that could impact the Municipality’s roads. b. Road Preservation Use and Repair Worksheet (Appendix Worksheet is to be completed by project developer, summarizing the project, project location, start and completion dates, expected max gross weight used for the project, designated haul routes (Appendix and any other information that the Designee deems necessary. c. Designated Haul Routes (Appendix Roads used for; transportation and delivery of equipment and components and other materials and equipment to be used in connection with the Project; truck transportation leaving the Project site following delivery of equipment and materials, movement of rigs and transportation and delivery of local sources of materials, including concrete, gravel and asphalt. d. Developer: The person, corporation or entity responsible for generating the truck traffic including any subcontractor used by said person or corporation. e. Project. Any construction related activity including follow truck traffic that generates high- frequency, high-impact truck traffic on County roads whether or not the project is located in the County of Cortland. Projects include, but are not limited to construction, mining and drilling activities. 291 ---PAGE BREAK--- f. Commencement of Construction: Construction shall begin upon issuance of access/driveway permits by the municipality (pre-construction surveys must be completed and approved before the issuance of access/driveway permits). g. Exclusion. Any municipality or school district, its contractors and sub-contractors, within the County of Cortland shall be excluded from this Local Law. Agricultural operations as defined by New York State Agricultural District Law and the movement of agricultural products are also excluded. Section 4: GENERAL PROVISIONS DESIGNATION OF HAUL ROUTES The Developer shall submit requested routes (hereto referred to as Designated Haul Routes) for hauling equipment and materials to and from the project to the Municipality for approval. These routes will be further designated, by the Municipality as Structural Class 1, 2, 3, 4, or 5 (as defined in Section 3) with certain requirements stipulated for their use as set forth in Sections 4.1, 4.2 and Section 5 below. A list and map of the Designated Haul Routes are identified in Appendix A. The Haul Routes shall be designated prior to the commencement of construction activities and prior to the final signing and execution of the Road Use Agreement. The Pre-Construction Survey will begin after the signing of the Road Use Agreement. 4.1 Class 1, 2, and 3 Roads – These roads can be used by the Developer for the Construction project without any repairs or improvements to the pavement structure prior to construction. However, geometric improvements (turning radii etc) and bridge or culvert improvements will still be required, at the Developer’s expense, as needed. 4.2 Class 4 and 5 Roads – The Developer may proceed to use the road at their own risk. However, the Municipality shall monitor the use of the road during the construction project. If the road becomes dangerous to the traveling public, the Municipality shall close the road to all construction traffic. In the case of closure, the Developer shall be required, at their own expense, to complete reconstruction of the road base and asphalt concrete pavement to include shoulders and necessary improvements of ditches, culverts and other drainage related facilities before construction traffic is allowed to continue. The Municipality shall determine the full cross section design and material specifications for this reconstruction. The Developer shall hire a qualified contractor of its choice to construct the pavement system (base and asphalt pavement layers for Class 4, if applicable) according to the full specifications provided by the municipality. Section 5: USE OF DESIGNATED HAUL ROADS AND PRE-CONSTRUCTION ROAD SURVEY 5.1 Construction Traffic Estimation- The Developer shall engage and pay for the services of a NYS licensed Civil Engineering firm approved by the Municipality, to estimate all of the construction traffic that will use each Designated Haul Route. The type, weight, number of axles, and load on each axle, of each construction vehicle shall be defined and the number of trips for each shall be estimated. This shall be done for overweight vehicles hauling in construction equipment as well as all non-overweight loads carrying aggregate, concrete and any other building supplies and materials over the designated haul roads from any and all suppliers, vendors, contractors etc. involved in the project. Then, the sum total estimated construction traffic shall be converted to a total number of Equivalent 18-Kip Single Axle Loads (ESAL’s), according to the AASHTO Pavement Design Guide, over the duration of the project. This shall be done for each Designated Haul Route that the Developer will use for the project. The Road Use Agreement will be executed only after this data is submitted and the Haul Routes are designated. All Designated Haul Routes will be posted at each end of the road with final locations to be determined by the Municipality and paid for as detailed in Appendix B. 292 ---PAGE BREAK--- 5.2 As soon as practicable after the execution of the Road Use Agreement, but in any event prior to the commencement of construction the Developer shall select a third party NYS licensed Civil Engineering firm, approved by the Municipality to conduct the surveys and assessments explained in section 5.4 below. Roads and highways within the boundaries of the Municipality anticipated to be used as Designated Haul Routes plus any roads anticipated to serve on a one time basis or roads which could be added as Designated Haul Routes will be assessed as described below. A representative from the Engineering Firm shall meet with the Municipalities Highway Superintendent or their designee prior to data collection to review how the data will be collected and reported. The Municipality shall either agree and approve or disapprove the data collection process and the report formats. The Pre-Construction survey shall be done before the final execution of the Road Use Agreement. 5.3 Structural Class Designation- The Municipality shall retain exclusive rights to designate the Road Structural Class for the Designated Haul Routes. The Developer agrees to abide by this decision. The Municipality shall make this decision based on the road surface condition, structural condition, and the traffic using the road. Pre-construction road survey requirements are enumerated in Section 5.4 below. 5.4 Pre-Construction Survey- A full report of the assessments in – below shall be provided to the Municipality by the Developer and paid for by the Developer, prior to the commencement of construction. Video Survey of Roads. Videotape the Designated Haul Roads and Non-Project Roads that could be used as explained above. Videos will be provided in a DVD format. The full costs of the Video Survey will be borne by the Developer. Additional video surveys shall only be conducted in the event the Parties mutually agree and the additional survey costs are borne by the Developer. Distress Survey. – Measure and record the extent and severity of surface distresses for each designated haul road. The survey shall include the severity and extent of alligator cracking, longitudinal cracking, transverse cracking, edge cracking/deterioration, potholes and patches. Rutting and cross slope assessment. – Wheel rut depth in both outer and inner wheel paths shall be measured with a straight edge. If the lane is crowned in the middle the rut depth can be measured for each wheel path by laying the straight edge from the centerline of the road to center of the lane and from the center of the lane to edge of the road for the inner wheel path and outer wheel path, respectively. Cross slope shall also be measured, using the full lane width straightedge and a “smart level” in percent mode. Again, if there is a crown in the middle of the lane the cross slope shall be measured independently, and recorded as such, for the inner and outer wheel paths. The rut depth and cross slope measurements will be made at a uniform spacing at 15 locations per mile. Road Roughness – Measure, record, and report the International Roughness Index (IRI) using a profilometer for each designated haul road. A full report of the Roughness assessment shall be provided to the Municipality at no cost to the Municipality prior to the commencement of construction. Core Sample- A core or crosscut sample may be required, at the Municipality’s discretion, to determine necessary repairs. 5.5 Inspection of Culverts and Bridges- Within one month after the execution of this agreement, and prior to the commencement of construction, the Developer shall select a qualified engineering company, subject to approval by the Municipality, to inspect the culverts and bridges on the Designated Haul Routes. The inspection shall be done within that same month following execution of the agreement. Culverts and bridges on any other roads anticipated to serve on a ‘one- time’ basis or roads which could be added as Designated Haul Routes shall also be included. The third party engineer shall take photographs of the culvert and bridges. The full costs of the inspections will be borne by the Developer. Based on the inspections the selected engineering firm shall provide a report discussing the status of 293 ---PAGE BREAK--- culverts and bridges that shall require improvements/upgrades prior to their use Project. This report shall also present the recommended improvements/upgrades to the structures and shall be submitted to the Municipality for review. The Municipality will prepare a final list of improvement/upgrade projects that must be done prior to commencement of construction. The Municipality reserves the right to require an evaluation of any bridge that will be crossed by an overweight special hauling vehicle. The evaluation shall be done by a qualified NYS licensed engineering firm. 5.6 Limitations of Road Use Restrictions. All other Municipal roads not selected as Designated Haul Routes are strictly forbidden for use by the Developer throughout the duration of the Project. In the event that the Developer would like to amend and add any road to the list of Designated Haul Routes during the project the Municipality shall be informed, and will determine whether or not Appendix B shall be amended. All Sections of this Agreement shall then be immediately applicable and satisfied prior to the added road being used. “One Time Use” of a road that is not a Designated Haul Route - In the event the Developer determines it is necessary for the Project to use a Municipal road not identified on Appendix B as a Designated Haul Road, then the Developer shall notify the appropriate Municipality’s Designee, describing in detail such use and the reasons therefore. If the use is to be ‘one time,’ the Municipal Designee shall make the determination to allow the road use without the road being added to Appendix B as a Designated Haul Route unless the use is a superload. If the Developer determines that the road may be used multiple times it shall be added to Appendix B as described in Section 4 of this Article as a Designated Haul Route. Extreme Weather Conditions - Once construction begins on the Project the Municipal Designee shall be entitled, at any time, to notify the Developer that use of a/the Designated Haul Road/s may result in excessive damage to a/the Designated Haul Road/s due to weather conditions that may pose a serious safety risk to the traveling public. The Developer shall work with the Municipality’s Designee to develop a plan to mitigate or prevent safety liabilities concerning all designated haul routes as a result of such weather conditions. If the Parties are able to develop a plan to mitigate or prevent such safety liabilities, then the Developer may continue to use such roads provided such mitigation is implemented. If the Parties are unable to develop such a plan, the Developer may propose an alternate route to the Project site for approval by the Municipality (such approval not to be unreasonably withheld). Section 6: POST USE PAVEMENT SURVEY 6.1 Post Use Pavement Survey Tasks - The Developer shall engage and pay for the services of a NYS licensed Civil Engineering firm, approved by the Municipality, to do the post use survey. The Post Use Pavement Survey tasks listed below shall be completed and submitted within 90 days following the project completion date. Photo & Video Survey of Roads – Repeat as described in section 5.4 above. Distress Survey – Repeat as described in Section 5.4 above. Rut Depth and Cross Slope measurements – Repeat as described in Section 5.4 above. Road Roughness – Repeat as described in Section 5.4 above. Core Sample- May be required per Municipality’s discretion. Section 7: DETERMINATION OF FINAL REPAIRS The Municipality shall examine the post use survey data and compare it to the pre-construction survey data. Based on the data, field inspection, and structural evaluation (if necessary) the Municipality shall determine the needed repairs. If the Municipality determines repairs are necessary, such repairs as set 294 ---PAGE BREAK--- forth in paragraphs 7.1 to 7.6. The Municipality shall prepare a report of the needed repairs that includes the treatment for each road segment and the total estimated cost of the repair. The report shall be submitted to the Developer within the first 90-day month period after the project completion date and receipt of the post-use survey. 7.1 - Class 1 Roads - Upon completion of the project, a thin asphalt concrete overlay (less than 2 inches) or a microsurfacing shall be done to replace the structural capacity ‘loss’ of the pavement and to reseal cracks, restore road smoothness and correct ride-ability deficiencies that may have been induced; the thickness, materials, and method of construction for this overlay or microsurfacing shall be specified by the Municipality. If asphalt pavement damage is significant a thick asphalt concrete overlay (greater than 2 inches) or a Cold-in-Place recycle with 1 ½” hot mix top may be required. However, if the post construction survey indicates significant deep structural damage to the pavement and base has occurred, the repair could include full pavement rehabilitation (recycling or replacement of asphalt) or full depth reconstruction (asphalt pavement and base layer reconstruction). Structural Damage to the base will be assessed by the increase in depth and width of wheel ruts and the extent of alligator cracking, potholes and patches. The Municipality shall determine the repair type (to include shoulders if necessary), and material specifications for the repair. One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services, shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 7.2 Class 2 Roads - Upon completion of the project, a thin asphalt concrete overlay (less than 2 inches) or a microsurfacing shall be done to replace the structural capacity ‘loss’ of the pavement and to reseal cracks, restore road smoothness and correct ride-ability deficiencies that may have been induced. The thickness, materials, and method of construction for this overlay or microsurfacing shall be specified by the Municipality. If asphalt pavement damage is significant a thick asphalt concrete overlay (greater than 2 inches) or a Cold-in-Place recycle with 1 ½” hot mix top may be required. However, if the post construction survey indicates significant deep structural damage to the pavement and base has occurred, the repair could include full pavement rehabilitation (recycling or replacement of asphalt) or full depth reconstruction (asphalt pavement and base layer reconstruction). Structural Damage to the base will be assessed by the increase in depth and width of wheel ruts and the extent of alligator cracking, potholes and patches. The Municipality shall determine the repair type (to include shoulders if necessary), and material specifications for the repair. One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 7.3 Class 3 Roads - Upon completion of the project, a thin asphalt concrete overlay (less than 2 inches) or a microsurfacing shall be done to replace the structural capacity ‘loss’ of the pavement and to reseal cracks, restore road smoothness and correct ride-ability deficiencies that may have been induced. The thickness, materials, and method of construction for this overlay or microsurfacing shall be specified by the Municipality. If asphalt pavement damage is significant a thick asphalt concrete overlay (greater than 2 inches) or a Cold-in-Place recycle with 1 ½” hot mix top may be required. However, if the post construction survey indicates significant deep structural damage to the pavement and base has occurred, the repair could include full pavement rehabilitation (recycling or replacement of asphalt) or full depth reconstruction (asphalt pavement and base layer reconstruction). Structural Damage to the base will be assessed by the increase in depth and width of wheel ruts and the extent of alligator cracking, potholes and patches. The Municipality shall determine the repair type (to include shoulders if necessary), and material specifications for the repair. One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 295 ---PAGE BREAK--- 7.4 Class 4 and 5 Roads - If the road was not rebuilt by the Developer prior to or during the project then upon completion of the project the road will be repaired by one of the following methods; Full pavement rehabilitation (recycling or replacement of asphalt) or Full depth reconstruction (asphalt pavement and base layer reconstruction).One hundred percent (100%) of the costs of the labor, materials, equipment, design and construction inspection services shall be paid by the Developer to the Municipality to be specifically allocated for the repair of the road(s). Full Pavement Rehabilitation –Major rehabilitation of the asphalt pavement only, such as a thick asphalt overlay or a Cold-in-Place recycle with a hot mix over lay. Full Depth Reconstruction - Asphalt pavement repair/replacement and gravel base material repair/replacement. The Municipality retains the right to make the final decision regarding the extent and type of road repairs. 7.5 One-Time Use Roads - The Developer will repair any damage caused by the project to the One-time use roads, and return such roads to the condition such roads were in prior to such damage (as near as is reasonably practicable having due regard for normal wear and tear). Prior to commencement of such repair, the Municipality and Developer shall meet to review the damage in relation to the Initial Survey or most recent subsequent survey, as applicable. The Developer shall repair (or cause to be repaired) such damage and restore the road to the standard agreed upon, unless the Developer can demonstrate to the reasonable satisfaction of the Municipal Designees that the damage was not caused by the Developer. Any repair and restoration shall be performed at such times as the Developer and the Municipality determine, having due regard for safety and, the presence of emergency conditions. In the event that the Developer fails to repair such roads within the agreed upon period, then, unless the Parties mutually agree otherwise, the Municipality may make such repairs and shall invoice the Developer for the costs incurred by the Municipality in connection with the repair. The Developer shall pay such invoiced amounts within ten (10) days following receipt of the invoice. 7.6 Culverts and Bridges – Improvements/Upgrades to bridges and culverts may be required prior to commencement of the project. These improvements are discussed in Section 5.5. Damage as a result of the Project to a culvert or bridge structure that was not improved or upgraded must be repaired following the project, or sooner if deemed necessary by the Municipality. All modifications or repairs to culverts or bridges shall be designed by a Professional Engineer licensed to practice in New York State in accordance with accepted AASHTO and NYSDOT standards and approved by the Municipality. All damage due to Developer’s work shall be mitigated, either through repair or replacement, by the Developer at its expense to the satisfaction of Municipality. 7.7 Emergency and/or Periodical Repair- The Developer will be expected to perform any emergency repairs and or periodical, necessary repairs to the haul roads, including the pavement, drainage structures, or any other highway related appurtenance that is damaged by the Project and which the Municipality determines must be repaired. The Municipality will inform the Developer of required emergency repairs and the repair shall be accomplished within a minimum of three days time. If more time is required the Developer shall inform the Municipality of the status of the repair on a daily basis. Close communication will be required between the Municipal Designee and the Project Manager of the Project. All costs of the repair shall be paid for by the Developer. 7.8 Insurance Requirements- The Municipality requires the following Certificates of Insurance showing the following: a. Certificate of Insurance showing that the contractor is carrying General Liability Insurance with limits of $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products/completed operation aggregate limits. The County shall be listed as additional named insured on the liability policy. 296 ---PAGE BREAK--- b. Workers Compensation and New York State Disability Benefits Insurance. The County must be listed as Certificate holder. The previously accepted ACCORD 25 forms will not be accepted as proof of Worker’s Compensation or Disability Insurance. Forms C-105.2, U-20.3, GSI-105.2 or SI-12 are the only forms that will be accepted as proof of Workers’ Compensation Insurance or Disability Insurance. The only exception to this requirement is the unincorporated sole proprietorship or partnership, where there are no employees. In such event Form CE-200 (Certificate of Attestation) must be submitted. c. The County Highway Superintendent at 60 Central Avenue, Cortland, New York 13045 shall be notified immediately if the insurance coverage is in any way modified or terminated while this agreement is in effect. Section 8: PERMITS The Developer shall obtain all necessary governmental permits and approvals that are necessary to permit the Developer to make the modifications and improvements to the Designated Roads contemplated herein. The Developer shall be responsible for obtaining all required permits and approvals including, but not limited to the following: 1. Municipality’s Highway Work Permits – For any and all work in the Municipal right-of-way (including utilities) 2. Municipality’s Highway Driveway Access Permits 3. Municipality’s Overweight and Special Hauling Permits 4. NYS DOT Overweight and Special Hauling Permits for County Roads 5. NYS DEC permits for water crossings, wetlands, etc. 6. Army Corps of Engineer permits for water crossings etc. Section 9: WARRANTIES BY DEVELOPER 9.1 Workmanship and Material Warranties- The following warranty and workmanship requirements apply to all repairs, modifications, and improvements that the Developer (its contractors or subcontractors) shall make prior to or during the course of the Construction project in order to accomplish the construction process. As used herein, “Applicable Warranty Period” means, with respect to any repair, modification, or improvement by the Developer hereunder, the time period that begins on the date repairs, modifications or improvements to Designated Roads are complete and ending on the date that is twelve (12) months after such completion date. Developer’s engineering responsibility, including the selection of material and equipment suitable for the repair of, and modifications and improvements to, the Designated Haul Routes and One Time Use Roads shall be carried out in accordance with NYS Department of Transportation (NYSDOT) standards and specifications, and Developer’s construction responsibility shall be carried out in accordance with sound construction practices. The Developer shall require from its construction contractors and subcontractors the same standards for engineering and construction practice. The Developer warrants that it shall perform and complete all repairs, modifications and improvements hereunder in a good and workmanlike manner. The Developer warrants that all repairs, modifications and improvements hereunder shall be free from defects in material and workmanship. The Developer shall remedy any defects in the repairs, modifications and improvements performed hereunder including repairs, modifications and improvements, workmanship, materials and equipment provided by subcontractors during the “Applicable Warranty Period”. A “defect” means any and all design, engineering, construction, manufacturing, installation, materials, equipment, repairs, modifications or improvements which does not conform to the terms of this Agreement is of improper or inferior workmanship, or is not suitable for use under the applicable climatic and range of operating conditions. The Municipality will determine whether there are defects, as explained. 297 ---PAGE BREAK--- 9.2 Remedies- During the Applicable Warranty Period, the Municipality shall notify the Developer in writing of any defects in the repairs, modifications or improvements. At no additional cost to the Municipality, the Developer shall proceed (within five business days) to take such action relating to its performance or that of its subcontractors hereunder as is necessary to cause the repairs, modifications and improvements to comply with the warranties specified in this Agreement. The Developer shall be available either at the project or by telephone for the performance of warranty repairs on a seven day a week, twenty-four (24) hours per day basis. 9.3 Final Waiver of Liens- The Developer warrants that all repairs, modifications, improvements and materials furnished in connection with the performance by the Developer under this Agreement shall be free and clear of all liens. Section 10: WARRANTIES BY DEVELOPER A bond, letter of credit, or cash escrow (to be determined by Municipality) will be required for each designated haul road in an amount to be determined subsequent to the designation of Haul routes but prior to signing of the final agreement. The Bonded amounts shall be in accordance with the following schedule: 1. Class I Roads - $150,000 per mile 2. Class II Roads - $150,000 per mile 3. Class III Roads - $140,000 per mile 4. Class IV Roads - $140,000 per mile 5. Class V Roads - $70,000 per mile These amounts are merely guidelines and the Municipality retains the right to change them as necessary. The final release of all bonds/letter of credit/cash escrow will be determined once all damage has been repaired to the satisfaction of the Municipality and after the applicable warranty period has passed. Section 11: FEES A non-refundable processing fee of one-thousand dollars ($1,000) payable to the Municipality must accompany each executed Appendix A. The Municipality reserves the right to issue a stop-work order and consequent revocation of this agreement for violations of agreement. APPENDIX A ROAD PRESERVATION USE AND REPAIR WORKSHEET Project Developer: Address: Phone: Project Manager: 24-Hr Contact Work Location: Estimated Project Start Date: 298 ---PAGE BREAK--- Estimated Project Completion Date: Maximum Gross Vehicle Weight: Maximum Truck Trips/Day: Required Documentation: a. Construction Traffic Estimate - Date Received: - Approved By: b. Pre-Construction Survey - Date Received: - Approved By: c. Bond/Letter of Credit (Check one) Bond Amount: Date Paid: Letter of Credit: Date Paid: d. Appendix B Attached; In connection with the development, construction, operation and maintenance of the Project, the Municipality hereby acknowledges and agrees that its contractors and subcontractors and each of their respective agents, employees, representatives, and permitted assigns (collectively, the “Developer”) shall use the roads and highways located in the Municipality identified on Appendix B hereto (the “Designated Haul Routes”). The Designated Haul Routes may be used by Developer only in connection with the development, construction, operation, and maintenance of the Project, including the transportation of heavy equipment and materials to and from the Project. e. This agreement must be renewed one year from the effective date of filing. Agreement Approval and Effective Date: Approved by: Municipal Official Approved by: Authorized Project Representative APPENDIX B DESIGNATED HAUL ROUTES (Attach map) Approval Date: Approved by: Municipal Official Approved by: Authorized Project Representative Note: All designated haul routes will be posted as such. All expenses associated with route posting will be paid by the Developer. The Unit Price for one sign is $175 (includes labor, all materials, stakeout and call to Dig Safely NY). APPENDIX C GENERAL TERMS AND CONDITIONS 299 ---PAGE BREAK--- The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, “the contract” or “this contract”) agree to be bound by the following clauses which are hereby made a part of the contract (the word “Developer” herein refers to any party other than the Municipality, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. This contract shall be deemed executor only to the extent of money available to the Municipality for the performance of the terms hereof. In accordance with Section 41 of the State Finance Law, the Municipality shall have no liability under this contract to the Developer or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNABILITY CLAUSE. This contract may not be assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the Municipality. 3. INSURANCE. The Developer shall carry, at his expense, from insurers licensed in the State of New York, at least the insurance coverage and limits as set forth in Section 7.8. 4. INDEMNITY. The Developer shall at all times without limitation indemnify the Municipality from all claims, damages or judgments or for the defense or payment thereof, based on any claim, action or cause of action whatsoever, including any action for libel, slander, or personal injury, or any affiliated claims, by reason of any act or failure to properly act on the part of the Developer and in particular, as may arise from the performance under this contract. 5. COMPLIANCE WITH RULES, REGULATIONS AND LAWS. It is mutually agreed that all rules, regulations and laws pertaining hereto shall be deemed to be part of this contract, and anything contained herein that may be in whole or in part inconsistent therewith shall be deemed to be hereby amended and modified to comply with such legislation, rules, regulations and laws, for and during such time the same shall be in effect, but at no other time. If any provision contained herein is found now or during the life of this Contract to be null and voice, in whole or in part as a matter of law, then said clause or part hereof shall be deemed to be severed and deleted from this Contract leaving all other clauses or parts thereof in full force and effect. It is further agreed that there shall be no gap in the coverage or applicability of said remaining clauses or parts thereof. Developer agrees to comply with the Federal Commercial Drivers License Drug and Alcohol Testing Program requirements set forth in CFR 49 parts 40 and 382. In acceptance of this Agreement, Developer covenants and certifies that it will comply in all respects with all Federal, State, County or other Municipal Law which pertains hereto regarding work on municipal contracts, matters of employment, length of hours, workers’ compensation and human rights. 6. CONFLICT OF INTEREST. Developer hereby stipulates and certifies that there is no member holding a municipal office or other municipal officer or employee forbidden by law to be interested in the contract directly or indirectly, who will benefit therefrom or who is a party thereto. 7. INDEPENDENT CONTRACTOR STATUS. Developer covenants and agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and that itself, its employees or agents will neither hold themselves out as, nor claim to be an officer or employee of the Municipality, for such purposes as, but not limited to, Workers’ Compensation coverage, Unemployment Insurance Benefits, Social Security or Retirement membership or credit. 8. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. Agenda Item No. 28 – Support Cortland County Internal Transportation Review On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 28 became: 300 ---PAGE BREAK--- ON THE MOTION OF MR. ROSS RESOLUTION NO. 342-11 Support Cortland County Internal Transportation Review 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, various Cortland County departments administer programs that make significant expenditures on transportation for services provided in County vehicles driven by Cortland County employees, and for purchased transportation services, AND WHEREAS, the Cortland County Needs Assessment Final Report recommends that Cortland County conduct an internal transportation review of expenditures by the County on client transportation, AND WHEREAS, Cortland County has been awarded a technical assistance grant from the Community Transportation Association of America (CTTA) to identify unmet transportation needs and identify strategies to address these needs, AND WHEREAS, the CTAA grant includes funding to conduct an internal transportation review of Cortland County expenditures on transportation services and the various County departments with programs that make expenditures on transportation services, AND WHEREAS, Cortland County and the various County departments will be responsible for providing the necessary assistance and data to CTAA and any of its sub consultants to complete this internal transportation review, AND WHEREAS, there will be no cost to Cortland County to conduct this internal transportation review, NOW THEREFORE BE IT, RESOLVED, that Cortland County supports CTAA’s internal transportation review of Cortland County’s expenditures on transportation services and the various County departments that administer programs which make expenditures on transportation services. Agenda Item No. 29 – Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2012 On motion of Mr. Pace. Seconded by Ms. Cobb. Mr. Pace said these figures were already approved by virtue of adopting the budget, and this is just the formality of enacting those numbers. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. PACE RESOLUTION NO. 343-11 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2012 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 301 ---PAGE BREAK--- WHEREAS, the County Administrator is recommending that the 2012 Grade and Step Plan be adjusted and established to incorporate a 1.5% cost of living adjustment, effective January1, 2012 in accordance with the attached schedule, AND WHEREAS, the County Administrator is also recommending a 1.5% cost of living adjustment for employees who are off scale, 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 are off scale and be incorporated into the Management/Management Confidential Compensation Employment Policy 2012 Grade and Step plan for employees falling under the plan effective January 1, 2012, in accordance with the following schedule. 1.5% Increase 2012 INCREMENTS 1 2 3 4 5 6 Grade hire rate 2 year 4 year 6 year 8 year 10 year 1 $74,808 $77,801 $80,912 $84,149 $87,514 $91,015 2 $69,588 $72,373 $75,267 $78,277 $81,408 $84,665 3 $64,734 $67,323 $70,016 $72,817 $75,729 $78,758 4 $60,217 $62,626 $65,131 $67,736 $70,445 $73,263 5 $56,016 $58,257 $60,587 $63,010 $65,530 $68,152 6 $52,108 $54,192 $56,360 $58,614 $60,959 $63,397 7 $48,472 $50,412 $52,428 $54,525 $56,706 $58,974 8 $45,090 $46,895 $48,771 $50,721 $52,750 $54,860 9 $41,945 $43,623 $45,367 $47,182 $49,069 $51,032 10 $39,019 $40,579 $42,203 $43,890 $45,647 $47,472 11 $33,106 $34,431 $35,808 $37,240 $38,729 $40,279 Management Confidential 5 $19.1187 $19.8835 $20.6789 $21.5060 $22.3662 $23.2610 4 $17.6728 $18.3797 $19.1149 $19.8795 $20.6746 $21.5017 3 $16.9930 $17.6728 $18.3797 $19.1149 $19.8795 $20.6746 2 $16.3395 $16.9930 $17.6728 $18.3797 $19.1149 $19.8795 1 $15.7110 $16.3395 $16.9930 $17.6728 $18.3797 $19.1149 Agenda Item No. 30 – Accept Bids/Authorize Purchase - Nutrition Program Contracts On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. PRICE RESOLUTION NO. 344-11 Amend Budget Area Agency on Aging/Nutrition (Nutrition Program Contracts) WHEREAS, the Area Agency on Aging will receive donations in excess of budgeted amounts for the Nutrition Program for the period December 31, 2011 through December 31, 2011, NOW THEREFORE, BE IT 302 ---PAGE BREAK--- RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expenses: A67745-54078 4340 Fuel +$8,500.00 A67745-54300 4340 Vehicle Expense +$8,500.00 Revenues: A6774 4 4772 4340 IIIC Donations 6,000.00 A6774 4 1972 4342 Nutrition Program Contracts +$11,000.00 Agenda Item No. 31 – Accept Bids/Authorize Purchase – Miscellaneous Groceries & Frozen Foods On motion of Ms. Price. Seconded by Mr. Cornell. Ms. Price introduced Liz Haskins, who is filling the role of interim director of the Area Agency on Aging. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. PRICE RESOLUTION NO. 345-11 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on December 1, 2011 for the period January 1, 2012 through March 31, 2012 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 13748 Quandt’s, PO Box 700, Amsterdam, NY 12010 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 December 31, 2011 through March 31, 2012. Agenda Item No. 32 – Accept Bids/Authorize Purchase – Paper Goods and Maintenance Supplies On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. PRICE RESOLUTION NO. 346-11 303 ---PAGE BREAK--- Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on December 1, 2011 for January 1, 2012 through June 30, 2012 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 bidder, AND WHEREAS, the following bids were received: Eastern Maintenance & Supply, 107 Norris Dr, Suite G, Rochester, NY 14610 Maines Paper & Food Serv, PO Box 450, 101 Broome Corp Pkwy, Conklin, NY 13748 Oliver Products Co., 445 Sixth St. NW, Grand Rapids, MI 49504 Peters Supply, PO Box 1276, Elmira, NY 14902 Quandt’s, PO Box 700, Amsterdam, NY 12010 Sanico, Inc., PO Box 2037, Binghamton, NY 13902 Wilcox Paper Co., 5916 Court St., Syracuse, NY 13206 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 December 31, 2011 through June 30, 2012. Agenda Item No. 33 – Authorize Agreement – Maintenance & Supplies (Employment & Training) On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS. PRICE RESOLUTION NO. 347-11 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 the 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 the 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 304 ---PAGE BREAK--- Works Career Center for a term to begin December 31, 2011, through December 31, 2012, at a cost not to exceed $1,040. Agenda Item No. 34 – Supporting A.1909 And S. 796 Regarding Free Hunting, Fishing And Trapping Licenses To New York State Residents Who Are Active Duty Members Of The United States Armed Services On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MS. PRICE RESOLUTION NO. 348-11 Supporting A.1909 And S. 796 Regarding Free Hunting, Fishing And Trapping Licenses To New York State Residents Who Are Active Duty Members Of The United States Armed Services WHEREAS, A.1909 and S.976 have been introduced in relation to free hunting, fishing and trapping licenses to state residents who are active duty members of the United States armed services, AND WHEREAS, the amendment rectifies an inconsistency in the law thereby making it equitable for New York State residents regardless of where he or she is stationed in New York State, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby supports the amendment to the Environmental Conservation Law in relation to free hunting, fishing and trapping licenses to New York State residents who are active duty members of the United States Armed Services, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to forward a copy of this Resolution to Governor Andrew Cuomo, Senator James Seward, Barbara Lifton and the NYS Association of Counties. Agenda Item No. 35 – Authorize Agreements – Jacobus Center (Ahlers, Interpreter, Consultants…) On motion of Ms. Price. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. PACE RESOLUTION NO. 349-11 Authorize Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers, Interpreter, Consultants and/or Facilitators) WHEREAS, the Jacobus Center for Reproductive Health contracts for the following services: • Ahlers (Statistical, Billing Services, and Software Support) • Language Interpreter • Medical Records Consultant (Cortland Regional Medical Center Record Consultant) • Jean Edwards (Pharmacy Consultant) , AND WHEREAS, monies for the above services are budgets in the expenditure account: A40355.54055 Professional Services, AND 305 ---PAGE BREAK--- WHEREAS, the term for all above-referenced contracts is December 31, 2011, through December 31, 2013, AND WHEREAS, the term agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2014, if successor agreements are not executed by January 1, 2014, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are authorized to execute agreements for the provision of said services with the above-referenced providers. Agenda Item No. 36 – Authorize Agreement/Accept Funds – Jacobus Center (State Grant) On motion of Mr. Pace. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. PACE RESOLUTION NO. 350-11 Authorize Agreement/Accept Funds Health Department/ Jacobus Center for Reproductive Health (State Grant) WHEREAS, the Bureau of Women’s Health of the New York State Health Department has awarded the Jacobus Center for Reproductive Health $366,261 for their 2012 annual state grant, AND WHEREAS, $366,261 for the period of 12/31/2011 – 12/31/2012, funds are already reflected in the 2012 County Budget Revenue Account A403543.43435 (Family Planning State Aid Grant) and in Expenditure Accounts A40355.1005-1040 $220,000 (Personal Services), A40355.58020-58065 $75,000 (Fringe) and A40355.54000-54500 $71,261 (Contractual), NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Legislature, and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the State of New York to accept these funds. Agenda Item No. 37 – Authorize Agreements – CalSource Metrology Solutions On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. PACE RESOLUTION NO. 351-11 Authorize Agreements Health Department/Nursing Division (CalSource Metrology Solutions) WHEREAS, the Centers for Disease Control and Prevention (CDC) and the New York State Department of Health (NYSDOH) Bureau of Immunization are now requiring that refrigerators and freezers storing Vaccines for Children (VFC) vaccine must have a calibrated thermometer inside each storage compartment that is calibrated at least every two years, AND WHEREAS, CDC and NYSDOH require that calibration be performed by a provider that can produce a certification of calibration to confirm that measurement standards and instruments used during calibration are from an International Organization of Standardization (ISO) accredited testing laboratory, from the National Institute of Standards and Technology (NIST), or from another internationally recognized 306 ---PAGE BREAK--- standards agency, AND WHEREAS, Nursing Clinics use two refrigerators for storage of VFC vaccines, both of which have built-in thermometer systems which require calibration, AND WHEREAS, CalSource Metrology Solutions, 1005 West Fayette Street, Syracuse, NY 13204 has submitted the lowest quotation of $140.00 per refrigerator per calibration for a total cost of $280.00 for the two-year period 2011-2013, AND WHEREAS, monies for the above services are budgets in the expenditure account: A40115.54055.4032 IAP Grant Professional Services, AND, WHEREAS, the term for all above-referenced contracts is December 31, 2011, through December 31, 2013, AND WHEREAS, the term agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2014, if successor agreements are not executed by January 1, 2014, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are authorized to execute agreements for the provision of said services with the above-referenced providers. Agenda Item No. 38 – Amend Resolution 233-11 (Health Department) – Contracts for Services On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. PACE RESOLUTION NO. 352-11 Amend Resolution 233-11 Health Department/Children with Special Needs Division (Contracts for Services) WHEREAS, Resolution 233-11 authorized agreements between Cortland County Health Department, Children with Special Needs Division, Early Intervention Program and a variety of agencies and individuals, AND WHEREAS, Resolution 233-11 indicated the date of these agreements was January 1, 2012, through December 31, 2013, with a ninety-day extension clause, AND WHEREAS, the term of these agreements is December 31, 2011, through December 31, 2013, AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2014, if successor agreements are not executed by January 1, 2014, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are authorized to execute agreements for the provision of said services with fully qualified providers. Agenda Item No. 39 – Amend Resolution 345-11 – MOMS Programs Provider Physicians 307 ---PAGE BREAK--- On motion of Mr. Pace. Seconded by Ms. Cobb. Mr. Pace explained that this and the pervious resolution are only changing the contract date to begin Dec. 31, 2011, rather than Jan. 1, 2012, as the County Attorney has opined that this legislature may not bind a future legislature to enact a contract. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MR. PACE RESOLUTION NO. 353-11 Amend Resolution 234-11 Health Department (Nursing Division) MOMS Programs Provider Physicians WHEREAS, Resolution 234-11 authorized agreements between Cortland County Health Department and MOMS Program Provider Physicians, AND WHEREAS, Resolution 234-11 indicated the date of these agreements was January 1, 2012, through December 31, 2014, with a ninety-day extension clause, AND WHEREAS, the term of these agreements is December 31, 2011, through December 31, 2014, AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until March 31, 2015, if successor agreements are not executed by January 1, 2015, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are authorized to execute agreements for the provision of said services with OB-GYN Associates, Renaissance OB-GYN, Dr. Charlotte Hawkins Practice, Cortland Regional Medical Practice, and other MOMS providers as needed. Agenda Item No. 40 – Re-Appoint Staff (Mental Health) On motion of Mr. Pace. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. PACE RESOLUTION NO. 354-11 Re-Appoint Staff 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, the Cortland County Health Committee unanimously recommends reappointment of Dr. Stepkovitch, NOW THEREFORE BE IT RESOLVED, that Dr. Jason Stepkovitch is hereby reappointed to the position of Staff for a term to begin Dec. 31, 2011 and end Dec. 31, 2012, AND BE IT FURTHER 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. 308 ---PAGE BREAK--- EMPLOYMENT AGREEMENT STAFF DIRECTOR COUNTY OF CORTLAND ATTEST: Clerk of the Legislature JACK WILLIAMS Cortland County, New York Chairman, Cortland County Legislature County of Cortland THIS AGREEMENT, made and entered into this by and between the County of Cortland, State of New York, a municipal corporation, with a principal address of 60 Central Avenue, Cortland, New York, hereinafter called “Employer”, as party of the first part, and JASON STEPKOVITCH, M.D., whose address is 2 South Street Marcellus, N.Y. 13108, hereinafter called “Employee”, as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said JASON STEPKOVITCH, M.D. as the Staff Director for the Department of Mental Health of the County of Cortland; and WHEREAS, it is the desire of the Cortland County Legislature, hereinafter called the “Legislature” to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Legislature to secure and retain the services of Employee and to provide inducement for him to remain in such employment, to make possible full work productivity by assuring Employee’s morale and peace of mind with respect to future security, to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and to provide a just means for terminating Employee’s services at such time as he may be unable to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires employment as the Staff Director for the Mental Health Department of the County of Cortland; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said JASON STEPKOVITCH, M.D. as Staff Director for the Mental Health Department of the County of Cortland. Employee shall perform the functions and duties of the position as specified in the job description for the position, as well as the laws of the State of New York, the applicable local laws and resolutions of the County of Cortland Legislature and other legally permissible and proper duties and functions as the County Administrator and/or Legislature shall from time to time assign. Section 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Legislature to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this agreement. 309 ---PAGE BREAK--- B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer. C. Employee agrees to remain in the primary employ of County of Cortland effective January 1, 2012 through December 31, 2012. D. In the event written notice is not given by either party to this agreement to the other 30 days prior to the termination date as hereinabove provided, this agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of one year. Said agreement shall continue thereafter for one year periods unless either party hereto gives 30 days written notice to the other party that the party does not wish to extend this agreement for an additional one year term. Section 3. Termination and Severance Pay A. In the event Employee is terminated by the County Administrator and/or Legislature before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to one month aggregate salary. The Employee and his family shall also remain in the group health plan provided to the Employee prior to separation during the severance period. Employee’s rights under COBRA shall commence at the end of the one month severance period. In the event Employee is terminated because of his conviction by a competent tribunal of any illegal act constituting a misdemeanor or felony involving a breach of the public trust, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer; or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, in that event, Employee, may, at his option, be deemed to be “terminated” at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer 30 days written notice in advance. Section 4. Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health, as determined by a qualified health care professional, except an accident or injury under Workers’ Compensation, for a period of four successive weeks beyond any accrued sick leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 3, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits. Section 5. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $224,010, payable in installments at the same time as other employees of the Employer are paid. Section 6. Performance Evaluation 310 ---PAGE BREAK--- A. The Director of Community Services shall review and evaluate the performance of the Employee at least once annually during Employee’s anniversary month and six months prior to the termination of this agreement in consideration of reappointment. The County Administrator, or his/her designee, shall provide the Employee with a summary written statement of the findings contained within the performance evaluation and provide an adequate opportunity for the Employee to discuss his evaluation with the Administrator in closed session, as per the laws of the State of New York. B. Annually, the Director of Community Services, County Administrator and Employee shall define such general goals and performance objectives which they determine necessary for the proper operation of the County of Cortland Mental Health Services. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of the Section, the County and Employee mutually agree to abide by the provisions of applicable law. Section 7. Hours of Work It is recognized that Employee must devote a great deal of time outside of the normal office hours to business of the Employer, and to that end Employee will be allowed to take discretionary time off as he shall deem appropriate during said normal office hours. Employee is subject to a normal thirty- five (35) hour week requirement. Discretionary time shall accrue upon completion of the required 35 hours in a given week and is subject to the limitations as apply to other salaried employees of Employer. Section 8. Vacation, Sick and Military Leave A. Employee shall receive vacation and sick leave at a rate not less than that specified for other general employees in the Management Compensation Plan and/or Personnel Policy and Rules and Regulations for the County of Cortland. B. Employee shall be entitled to military reserve leave time pursuant to applicable State and Federal laws. Section 9. Disability, Health and Life Insurance A. Employer agrees to put into force and to make required premium payments for Employee for insurance policies for medical and dental group coverage for Employee and Employee’s dependents as per coverage provided employees in the Management Compensation policy. Section 10. Fringe Benefit Employee shall receive fringe benefits equal to and commensurate with Management Compensation Policy. Section 11. Retirement Employer agrees to participate in the New York Retirement System and to pay into the system, on Employee’s behalf, the percentage equal to that which is provided all general employees of the County consistent with the Management Compensation Policy. Section 12. Professional Development A. Employer hereby agrees to budget and pay a reasonable amount for travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other 311 ---PAGE BREAK--- functions for the Mental Health Department such as national , regional, state and local governmental groups and committees thereof which Employee serves as a member, not exceeding the amount budgeted therefore each year in the appropriate budgetary account. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 13. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, arising out of an alleged act or omission occurring within the scope of Employee’s duties as Staff for the Mental Health Department of the County of Cortland as provided by the laws of the State of New York. Employer, or its insurance carrier, may, without personal cost to Employee, compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 14. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal service, postage prepaid, addressed as follows: EMPLOYER: Cortland County Administrator Cortland County 60 Central Avenue Cortland, New York 13045 EMPLOYEE: JASON STEPKOVITCH, M.D. 2 South Street Marcellus, N.Y. 13108 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 15. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing January 1, 2012. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS THEREOF, the County of Cortland pursuant to Resolution No 391-07 has caused this agreement to be signed and executed in its behalf by its Chairman of the Legislature, and duly attested by the Clerk of the Legislature, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. 312 ---PAGE BREAK--- Cortland County, New York APPROVED AS TO FORM County Attorney JASON STEPKOVITCH, M.D. Employee Agenda Item No. 41 – Authorize Agreement/Accept Funds (Mental Health – Enhanced State Funding) On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. PACE RESOLUTION NO. 355-11 Authorize Agreement/Accept Funds Mental Health Department/ (Enhanced State Funding) WHEREAS, the Cortland County Mental Health Department has been selected to receive funding from the New York State Office of Mental Health to support the development of a Peer Recovery Center in Cortland County, AND WHEREAS, the New York State Office of Mental Health will provide annual funding for the program in the amount of $250,000 with an additional $16,000 during the first quarter of 2012 to facilitate program startup, AND WHEREAS, the Cortland County Mental Health Department will be receiving the money as an addition to current state aid funding, and contracting with Catholic Charities of Cortland County to serve as the fiduciary agent supporting the organization and work with a local peer group to operate the Recovery Center as a peer run program, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, and the Director of Community Services or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the State of New York to accept these funds. Agenda Item No. 42 – Authorize Lease Agreement – Motorola/Interoperable Communications System On motion of Ms. Arnold. Seconded by Mr. Cornell. Chairman Williams said this County owes a large thank you to Rob Corpora, Jack Hess, Bob Duell and Kevin Whitney for their efforts in obtaining $4 million in grants for this project. The legislature gave this group and the Communications Advisory Board a standing ovation. All members voting in favor; none opposed. Agenda Item No. 42 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 356-11 Authorize Lease Agreement Motorola/Interoperable Communications System Information Technology WHEREAS, Resolution 34-11 Authorized Cortland County to issue up to $16,000,000 in bonds to pay a portion of the Construction of the County’s Interoperable Communications System, AND 313 ---PAGE BREAK--- WHEREAS, Resolution 35-11 determined that the design and Environmental Review of the EICS constituted a Type II Action under the State Environmental Quality Review Act and authorized the execution and delivery of a design contract with Motorola, AND WHEREAS, Resolution 221-11 authorized Motorola Solutions Inc. to proceed with construction phase and full completion of the contract for the installation of the Countywide Emergency Interoperable Communications System, AND WHEREAS, the County’s first milestone payment for the IECS is due in January of 2012, and Cortland County Legislature has determined that it is in the best interests of the County to acquire certain equipment or other personal property via an Equipment Lease Purchase Agreement (“Lease”) with Motorola, as said lease can be paid off through the potential receipt of grant funds 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 and execute any and all lease agreements with Motorola Solutions Inc., for certain equipment necessary for the Interoperable Emergency Communications System, not to exceed $10,914,233.00 (over a ten-year period), at an interest rate of 3.59%. Agenda Item No. 43 – Authorizing the Engagement of Outside Legal Counsel for Cortland County and the Cortland County Legislature to Commence Eminent Domain Proceeding On motion of Ms. Arnold. Seconded by Mr. Cornell. Mr. Willcox said that the costs for this will be picked up by the FAA, not the County. All members voting in favor; none opposed. Agenda Item No. 43 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 357-11 Authorizing The Engagement Of Outside Legal Counsel For Cortland County And The Cortland County Legislature To Commence Eminent Domain Proceeding WHEREAS, the County Highway Department is 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 WHEREAS, in connection with said project, it is necessary that the County acquire certain property rights on lands listed in said County Resolution 71-10, AND WHEREAS, the Highway Department, under the direction of the Office of the County Attorney, The Federal Aviation Administration, and the New York State Department of Transportation, has attempted to acquire the necessary property rights for said project by negotiation regarding certain property to no avail, AND WHEREAS, the County Attorney has declared that he has a conflict of interest in representing Cortland County, its officers and employees in these matters, and has asked that outside counsel be engaged; and WHEREAS, the Budget and Finance Committee has agreed to that request and recommended that outside legal counsel be engaged; NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to enter into an agreement to retain the services of Patrick Snyder, Esq. as legal counsel for the County of 314 ---PAGE BREAK--- Cortland, the Cortland County Legislature, and its officers and employees named in the above noted matter, at a total initial cost not to exceed $8,000.00. Agenda Item No. 44 – Authorize Agreement – Black Creek Integrated Systems Corp. On motion of Ms. Arnold. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 44 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 358-11 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, 2011, AND WHEREAS, the cost of such maintenance agreement is $13,537.50 annually, for the period of December 31, 2011 through December 31, 2012, 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 New World 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. 45 – Authorize Apportionment of Mortgage Tax Monies (Treasurer) On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 45 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 359-11 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. April 1 - September 30, 2011 Cortlandville Village of McGraw $ 1,453.19 Village of Homer $ 234.93 315 ---PAGE BREAK--- Town of Cortlandville $ 61,451.07 $ 63,139.19 Homer Village of Homer $ 7,285.38 Town of Homer $ 26,364.96 $ 33,650.34 Marathon Village of Marathon $ 853.25 Town of Marathon $ 3,721.95 $ 4,575.20 Agenda Item No. 46 – Authorizing the County Treasurer to Increase Contingency and Tax Stabilization Reserve Fund – County Administrator On motion of Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 46 became: ON MOTION OF MS ARNOLD RESOLUTION NO. 360-11 Authorizing the County Treasurer to Increase Contingency and Tax Stabilization Reserve Fund – County Administrator WHEREAS, pursuant to General Municipal Law 6-e of New York State, Cortland County established a Contingency and Tax Stabilization Reserve in the General Fund with Resolution # 352-10, to finance certain unanticipated revenue losses or unanticipated expenditures chargeable to the “eligible portion” of the annual budget to use to lessen or prevent projected increases in excess of two percent of the amount of the real property tax levy needed to finance the “eligible portion” of the annual budget, AND WHEREAS, the County Treasurer is hereby directed to deposit and secure monies of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The County Treasurer may invest the monies in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law and consistent with the investment policy of the County of Cortland. Any interest earned or capital gains realized on the monies so deposited or invested shall account for the Reserve Fund in a manner which maintains the separate identity of the cash and investments of the Reserve Fund, 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, it is estimated that the 2011 General Fund Budget will have unanticipated excess revenue of $451,131, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the County Treasurer to move the excess revenue of $451,131 to the Contingency and Tax Stabilization Reserve Fund for future years. 316 ---PAGE BREAK--- Agenda Item No. 47 – Authorize Agreement – OCE Scanner/Printer (Real Property) On motion of Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 47 became: ON THE MOTION OF MS. ARNOLD RESOLUTION NO. 361-11 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 December 31, 2011 through December 31, 2012, at a cost of $2,577.12, 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. Agenda Item No. 48 – Authorize Intermunicipal Agreement for Shared Litigation Expenses Certiorari Proceedings in Virgil On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 48 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 362-11 Authorize Intermunicipal Agreement For Shared Litigation Expenses Certiorari Proceedings In Virgil 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 Hope Lake Condominium and Hope Lake Investors, LLC v. David Briggs, as Assessor of the Town of Virgil, Cortland County Supreme Court Index No. 11-390; and Rhodian Heights Condominium v. David Briggs, as Assessor of the Town of Virgil, Cortland County Supreme Court Index No. 11-391, AND WHEREAS, the parties involved herein are the County of Cortland, Town of Virgil and the Cortland Enlarged City 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 Virgil and the Cortland Enlarged City School District, AND BE IT FURTHER 317 ---PAGE BREAK--- RESOLVED, that Cortland County, pursuant to the terms of the aforementioned contract, will pay 41.79% 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). Mr. Cornell made a motion to consider agenda Item No. 49 -62 as a consent agenda. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Mr. Cornell made a motion to approve the consent agenda. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The Consent Agenda was approved. Agenda Items 49-62 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 363-11 Amend 2012 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to reduce Real Property Tax Levy Real Property Tax Services WHEREAS, the following is a list of towns who have not filed to receive their share of the Sales Tax in cash and the estimated amount to be applied to reduce their share of the County Real Property Tax Levy for the fiscal year 2012, Towns Amount Lapeer $230,300.46 Solon 207,024.68 $437,325.14 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, $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 Harford, AND WHEREAS, by Town of Taylor resolution, $65,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Taylor, AND WHEREAS, by Town of Truxton resolution, $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 2012 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 $877,325.14 and net amount to be raised by real property shall be $31,546,144.88 ON MOTION OF MS. ARNOLD RESOLUTION NO. 364-11 Levy County Tax-City of Cortland Real Property Tax Services 318 ---PAGE BREAK--- RESOLVED, that this Legislature directs the sum of seven million six hundred fifty-eight thousand, four hundred thirty-six dollars and 00 cents ($7,658,436.00) to be levied in the City of Cortland, Cortland County, for County purposes for the fiscal year beginning January 1, 2012 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. ON MOTION OF MS. ARNOLD RESOLUTION NO. 365-11 Fix Date to Sign Warrant Real Property Tax Services RESOLVED, that the date for the annexing of the warrants to the rolls of the Towns for collection of taxes be and hereby is fixed as of January 1, 2012 and that said warrants so annexed be made returnable on or before the first day of June 2012, 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. ON MOTION OF MS. ARNOLD RESOLUTION NO. 366-11 Levy Town Special District Taxes Real Property Tax Services RESOLVED, that there shall be and is hereby assessed and levied upon and collected from the real property liable therefore within the respective fire protection, fire and lighting districts in the towns as indicated below, as specified in their respective annual budgets for the year 2012: Town Fire Tax Light Tax Cincinnatus 95,833.00 11,695.00 Cortlandville 752,460.00 Cuyler 77,100.00 Freetown 34,936.00 Harford 75,933.00 Homer 83,500.00 Lapeer 54,990.00 Marathon 106,313.00 Preble 95,000.00 Scott 36,617.00 Solon 42,000.00 Taylor 35,435.00 Truxton 81,654.00 Virgil 211,355.00 Willet 43,000.00 , 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. 319 ---PAGE BREAK--- ON MOTION OF MS. ARNOLD RESOLUTION NO. 367-11 Levy Town General and Highway Taxes Real Property Tax Services WHEREAS, there has been presented to this Legislature a duly certified copy of the annual budget for the several towns of the County of Cortland for the fiscal year beginning January 1, 2012, 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 - $400,000 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 $ 85,347.00 Cortlandville 618.00 Cuyler 218,884.00 Freetown 184,200.00 Harford 168,305.00 Homer 251,355.00 Lapeer 207,565.00 Marathon 73,520.00 Preble 106,000.00 Scott 165,962.00 Solon 224,920.00 Taylor 131,319.00 Truxton 227,295.00 Virgil 337,537.00 Willet 130,500.00 , 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 1,174,695.00 Cuyler 162,717.00 320 ---PAGE BREAK--- Freetown 34,538.00 Harford 70,591.00 Homer townwide 167,047.00 Lapeer 203,264.00 Marathon 162,514.00 Preble Scott Solon 127,685.00 Taylor 110,090.00 Truxton 165,000.00 Virgil 124,227.00 Willet 47,905.00 , 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. ON MOTION OF MS. ARNOLD RESOLUTION NO. 368-11 Levy Water Charges – Town of Scott Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Scott, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Scott: 35.03-01-03.000 Parker, Chad $ 537.68 35.03-01-09.000 Pooler, Michael 441.58 35.03-01-10.000 Lake, Edward 509.41 35.03-01-13.000 VanLiew, Terry 520.10 35.03-01-24.000 Estep, Nancy 566.45 35.03-01-25.000 McCoy, Henry 1,383.73 35.03-01-32.000 Thompson, Nancy 398.46 35.03-01-39.000 Carr, Connal 558.05 35.03-01-41.000 Falso, Patrick 403.40 Total $5,318.86 Submitted to Cortland County Real Property Tax Service on 11/30/11 by Cathy A. Barber, Scott Town Clerk. ON MOTION OF MS. ARNOLD RESOLUTION NO. 369-11 Levy Water Charges - Town of Cincinnatus Real Property Tax Services 321 ---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: 123.13-01-43.000 Aldrich, Shiloh 355.23 123.09-01-02.000 Brown, Donald A. 764.62 123.13-01-01.000 Brown, Gordon 115.62 123.00-03-13.000 Brown, Kenneth W. 252.02 122.00-03-20.000 Carter, Leslie 173.43 122.12-01-03.100 Carter, Leslie 287.07 122.12-01-03.200 Carter, Leslie 173.43 123.13-01-24.000 Carter, Leslie 173.43 112.20-01-25.000 Davis, Blake 420.93 123.13-01-41.000 Davis, Wendy 265.22 123.05-01-37.000 Dibble, James 209.12 123.00-03-06.200 DKT, LLC 15.16 123.13-01-36.000 Eaton, Charles 282.82 123.00-04-04.000 Eaton, Charles L. Jr. 15.16 123.13-01-32.000 Gallow, David 181.62 112.20-01-07.000 Gonzalez, Edward 172.82 112.20-01-10.000 Gonzalez, Edward 15.16 113.17-01-34.120 Hall, Betty 15.16 123.05-01-35.000 Herline, Donald H. 115.62 132.00-01-10.200 Holtmart, Debra 146.42 123.05-01-33.000 King, Joseph 383.48 112.20-01-01.000 Kusher, Adam 115.62 112.20-01-02.000 Kuscher, Adam 15.16 122.00-03-04.000 Kwak, Bryan 170.62 122.00-03-25.000 Lieb, Joshua 291.10 123.05-01-53.000 McDonald, Kay Ann 188.22 123.05-01-65.000 McDonald, Keith 146.86 123.05-01-10.000 Natoli Independent Retailers 118.92 122.12-01-05.000 Pierson, Jeffrey 249.16 123.13-01-42.000 Pittsley, Jedadiah 172.82 122.00-03-21.000 Pothos, Irene 173.43 122.00-03-22.000 Pothos, Irene 186.02 123.05-01-19.000 Pothos, Irene 250.92 123.05-01-36.000 Pothos, Irene 115.62 112.00-03-04.000 Renz, Douglas 337.82 123.13-01-25.000 Rice, Jay 232.22 123.00-03-09.000 Rice, Judy B. 118.92 123.05-01-08.000 Rutan, Jessica 326.82 123.05-01-58.000 Scoville, Shawn 258.62 113.17-02-02.000 Simmons, Carol 115.62 113.17-01-03.000 Smith, Ronald 456.18 122.08-01-02.000 Staley, Vicki 294.92 123.13-01-08.200 Steacy, David 108.16 123.13-01-09.000 Steacy, David 100.46 322 ---PAGE BREAK--- 123.00-04-19.000 Stoker, Kathleen 22.74 123.00-04-20.000 Stoker, Kathleen 173.43 123.05-01-07.000 Supley, Richard 228.93 132.00-01-09.000 Warga, Guy 220.73 122.08-01-36.000 Wasko, Jeanette 382.50 123.13-01-29.000 Wehner, Verda 201.42 123.05-01-04.000 Wittmaack, Ann 1,561.32 Total $11,868.82 Submitted to Cortland County Real Property Tax Services 11/18/11 by Dale Bates, Supervisor. ON MOTION OF MS. ARNOLD RESOLUTION NO. 370-11 Levy Water Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: 76.14-01-01.000 Lindhorst, Walter 41.21 76.14-01-09.000 Pritt, James 217.61 76.14-01-48.000 Smith, Duane 107.73 76.15-01-15.000 Gorman, Heather 374.96 76.17-01-02.000 Best, Jessica 158.64 76.18-01-24.000 Zachary, John 66.55 76.19-01-22.000 Poppe, Christine 264.06 76.19-01-45.100 Perelka, Edward 79.27 85.11-01-04.100 Lader, Ronald 97.21 85.11-02-16.000 McDermott, William 174.27 85.16-01-03.000 Lilly, Charles 25.37 85.16-01-30.000 McGrath, John 237.01 85.16-02-04.120 Stiles, Hohn 118.68 85.19-01-05.000 Naylor, Justin 194.37 85.19-01-16.000 Freelove, Gary 99.97 85.19-01-35.000 Bonawitz, Lori 143.02 85.19-01-37.000 Randall, Julie 430.91 85.19-01-39.000 Soule, Roger 95.06 86.09-01-46.000 Allen, Paul 181.69 86.13-01-65.100 Cortland Station Inc. 76.10 86.17-01-02.120 3901 West Road LLC 76.10 95.07-01-07.000 DePerno, Daniel 76.10 95.07-01-12.000 Petrella, John 85.58 95.07-02-09.000 Jones, Williams 139.43 323 ---PAGE BREAK--- 95.11-01-16.000 Bergeron, Keith 141.92 95.11-01-24.000 Ruggiero, Gerald 114.09 95.11-03-02.000 Strauf, Stephen 268.29 95.11-03-15.000 Gutchess Lumber Company Inc . 3.95 95.12-01-06.100 Cortland County SPCA 190.73 95.15-01-07.100 Howarth, Jeffrey 69.74 95.15-03-04.000 VanDee, Robert 63.48 95.15-03-11.000 Edinger, John 159.52 95.16-01-11.000 Woodward, Wayne 450.14 95.16-01-12.000 Triscari, Concetta 133.55 95.16-01-40.000 Corp, Rebecca 689.63 95.16-01-53.000 Dankert, David 179.31 95.16-01-60.000 Ladd Trust Estate, Leo 253.48 95.16-02-09.000 Burnham, Margaret 88.74 95.16-02-17.000 Phelps, Robert 75.48 95.16-02-24.000 DeGrazia, David 268.29 95.16-02-31.000 Dorsett , Gail 123.62 95.16-02-56.000 Bergene, Christopher 76.05 95.16-02-62.000 Saad, Saad 31.70 95.20-02-06.000-1 Cortlandville Crossing LLC 3593.50 96.00-03-10.110 Slack, Susan 63.38 96.05-01-19.000 Willcox Tompkins St Properties 267.10 96.06-01-20.000 Veintimilla, Peter 82.41 96.06-02-14.000 Cook, Kimberly 364.38 96.06-02-65.000 Grant, George 82.39 96.09-01-09.000 Decker, Christian 174.31 96.09-01-24.000 Wakeham, Desiree 47.54 96.09-01-25.100 Ruggiero, Gerald 41.46 96.09-01-26.000 Ruggiero, Gerry 47.97 96.09-01-27.000 Thillburg, Robert 1932.32 96.09-02-08.000 Keane, Thomas 207.04 96.09-02-13.000 Kearney, David 104.85 96.09-02-29.000 Vandeuson, James 214.43 96.09-02-30.000 O'Dell, Richard 91.94 96.09-02-34.000 Towers , Jack 136.28 96.09-03-08.000 Mitchell, Samuel 390.78 96.09-04-06.000 Stewart, Leon 259.84 96.09-04-09.000 Bean, Robert 2951.58 96.09-04-10.000 Cortland MHP Associates Inc. 7906.32 96.10-01-25.000 Pristash, Kevin 339.04 96.10-02-37.100 Wyatt, Angelina 166.91 96.17-01-16.000 Meagley, Sean 63.38 96.36-01-07.000 Eaton, Dorene 71.28 105.11-01-03.000 Yereshkin, Yevgeniy 230.97 TOTAL $26,774.01 Submitted to Cortland County RPTS 12/12/11 by Karen Q. Snyder, Cortlandville Town Clerk. ON MOTION OF MS. ARNOLD RESOLUTION NO. 371-11 Levy Water Charges - Town of Harford Real Property Tax Services 324 ---PAGE BREAK--- 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: 172.06-01-12.200 Dillworth, Marlana $ 347.56 172.05-01-32.000 Murray, Rachel 355.96 172.06-01-09.000 McCutcheon, Ruby 394.50 172.06-01-01.000 Monroe, Edward 371.19 172.05-01-17.112 Poole, Thomas 364.68 172.06-01-05.000 Bennett, Walter 114.45 Total $1,948.34 Submitted to Cortland County Real Property Tax Services on 11/29/11 by Diane Michaud, Harford Town Clerk. ON MOTION OF MS. ARNOLD RESOLUTION NO. 372-11 Levying Water Charges - Town of Virgil Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Virgil: 127.00-07-12.000 Peak Resorts Inc $ 2,838.00 127.00-09-13.100 Redi, LLC 66.00 127.00-09-14.100 Hope Lake Investors 964.26 127.00-09-14.200-2 Hope Lake Investors 9,031.47 127.15-01-31.000-8 Residential Lending Service 131.40 127.15-01-31.000-20 Johnson, Christopher 66.00 Total $13,097.13 Submitted to Cortland County Real Property Tax Services on 10/17/11 by Bonnie Hand, Virgil Town Clerk. ON MOTION OF MS. ARNOLD RESOLUTION NO. 373-11 325 ---PAGE BREAK--- Levy Sewer Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, now therefore be it RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: 76.14-01-01.000 Lindhorst,Walter 54.79 76.14-01-09.000 Pritt, James 297.22 76.14-01-48.000 Smith, Duane 143.26 76.19-01-22.000 Poppe, Christine 359.50 76.19-01-45.100 Perelka, Edward 99.91 85.11-01-04.100 Lader, Ronald 134.18 85.16-01-03.000 Lilly, Charles 33.73 85.16-01-10.000 Ossit, Susan 96.13 85.16-01-30.000 McGrath, John 323.10 85.20-01-33.000 Cummins, Christopher 168.80 86.13-01-65.100 Cortland Station Inc 95.70 86.17-01-02.120 3901 West Road LLC 95.70 87.00-03-16.121 Suit-Kote Corporation 217.55 87.04-01-12.000 Pothos, Vasilios 181.23 87.04-01-15.000 Lansdowne, Laura 190.45 95.11-03-02.000 Strauf, Stephen 369.05 95.11-03-15.000 Gutchess Lumber Company Inc. 76.62 95.12-01-06.100 Cortland County SPCA 265.90 95.15-01-07.100 Howarth, Jeffrey 92.73 95.15-03-04.000 VanDee, Robert 84.41 95.15-03-11.000 Edinger, John 217.53 95.16-01-40.000 Corp, Rebecca 935.27 95.16-01-53.000 Dankert, David 254.30 95.16-01-60.000 Ladd Trust Estate, Leo 361.58 95.16-02-09.000 Burnham, Margaret 118.00 95.16-02-24.000 DeGrazia, David 363.15 95.16-02-31.000 Dorsett, Gail 164.37 95.16-02-56.000 Bergene, Christopher 109.19 95.16-02-62.000 Saad, Saad 42.15 95.20-02-06.000-1 Cortlandville Crossing LLC 4,071.29 96.05-01-19.000 Willcox Tompkins St Properties 378.37 96.06-01-20.000 Veintimilla, Peter 109.58 96.06-02-14.000 Cook, Kimberly 484.56 96.06-02-65.000 Grant, George 109.56 96.09-01-09.000 Decker, Christian 239.15 96.09-01-24.000 Wakeham,Desiree 63.22 96.09-01-25.100 Ruggiero, Gerald 55.12 96.09-01-26.000 Ruggiero, Gerry 63.78 96.09-01-27.000 Thillburg, Robert 2,008.56 96.09-02-08.000 Keane, Thomas 280.72 96.09-02-13.000 Kearney, David 241.47 326 ---PAGE BREAK--- 96.09-02-29.000 Vandeuson, James 293.01 96.09-02-30.000 O'Dell, Richard 116.76 96.09-02-34.000 Towers, Jack 175.74 96.09-03-08.000 Mitchell, Samual 532.45 96.09-04-06.000 Stewart, Leon 345.53 96.09-04-09.000 Bean, Robert 1,854.31 96.09-04-10.000 Cortland MHP Associates Inc. 10,514.29 96.10-01-25.000 Pristash, Kevin 459.71 96.17-01-16.000 Meagley, Sean 84.28 TOTAL $28,426.96 Submitted to Cortland County RPTS 12/12/10 by Karen Q. Snyder, Cortlandville Town Clerk. ON MOTION OF MS. ARNOLD RESOLUTION NO. 374-11 Levy Sewer Charges- Town of Cuyler Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cuyler, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cuyler: 31.02-02-14.000 Aldrich, Christopher 179.20 31.02-02-20.000 Driscoll, Christopher 179.20 31.02-02-24.200 Aldrich, Arthur 179.20 31.02-02-32.000 Casler, Ivan 179.20 31.02-02-45.000 Aldrich, Chad 179.20 Total $ 896.00 Submitted to Cortland County Real Property Tax Services on 11/18/11 by Wendy Custer, Cuyler Town Clerk. ON MOTION OF MS. ARNOLD RESOLUTION NO. 375-11 Levy Sewer Charges - Town of Virgil Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Virgil: 127.00-07-12.000 Peak Resorts, Inc $ 3,866.50 127.00-09-13.100 Redi, LLC 104.50 327 ---PAGE BREAK--- 127.00-09-14.100 Hope Lake Investors 1,010.26 127.00-09-14.200-2 Hope Lake Investors 13,467.23 127.15-01-31.000-8 Residential Lending Service 225.83 127.15-01-31.000-20 Christopher Johnson 519.74 Total $19,194.06 Submitted to Cortland County Real Property Tax Services on 10/17/11 by Bonnie Hand, Virgil Town Clerk. ON MOTION OF MS. ARNOLD RESOLUTION NO. 376-11 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 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, 2012. Adjournment Chairman Williams said this will be his last meeting as Chair, and thanked his fellow legislators for their time over the past two years. He thanked all County employees, and said he has made a lot of great friends. As an example he referenced the Buildings & Grounds crew for the clean-up effort they put forth 328 ---PAGE BREAK--- during a water leak over the last weekend that flooded several offices. He said he and this Legislature has tried to fix the problems the County has faced over the last two years and he is proud of his accomplishments. Mr. Bushnell made a motion to adjourn. Seconded by Mr. Mr. Fuller. The meeting was adjourned at 7:42 p.m. ROLL CALL VOTE Motion to table Agenda Item No. 26.- Proposed Solid Waste Collection Law Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 2362 Waldbaurer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 0 Total 48599 24013 Majority 24300 2/3rd 32400 ROLL CALL VOTE Agenda Item No. 26.- Proposed Solid Waste Collection Law Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 329 ---PAGE BREAK--- Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 0 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 0 Waldbaurer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 21797 Majority 24300 2/3rd 32400 330 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 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---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $224,082.00 194,057.00 30,025.00 0.00 Highway - Townwide $225,347.00 140,000.00 0.00 85,347.00 Comm. Development $3,900.00 3,900.00 0.00 0.00 Sub-Total $453,329.00 $337,957.00 $30,025.00 $85,347.00 Special Districts Light Districts $12,000.00 305.00 0.00 11,695.00 Water Districts $61,250.00 61,250.00 0.00 0.00 Cincy Fire District $95,833.00 0.00 0.00 95,833.00 Sub-Total Special Districts $169,083.00 $61,555.00 $0.00 $107,528.00 Total $622,412.00 $399,512.00 $30,025.00 $192,875.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $2,201,079.00 761,184.00 265,200.00 1,174,695.00 Gen - Outside Villages $683,067.00 386,300.00 188,767.00 108,000.00 Highway - Townwide $272,340.00 1,100.00 270,622.00 618.00 Hwy - Outside Villages $3,208,656.00 1,903,000.00 905,656.00 400,000.00 Sub-Total $6,365,142.00 $3,051,584.00 $1,630,245.00 $1,683,313.00 Special Districts C'ville Fire District $752,460.00 0.00 0.00 752,460.00 Sewer District $1,354,700.00 665,650.00 295,062.00 393,988.00 Water District $1,309,698.00 537,900.00 281,285.00 490,513.00 Sub-Total Special Districts $3,416,858.00 $1,203,550.00 $576,347.00 $1,636,961.00 Total $9,782,000.00 $4,255,134.00 $2,206,592.00 $3,320,274.00 SUMMARY OF TOWN BUDGETS - 2012 Published from Summary Sheets Submitted by Towns Town of Cincinnatus Town of Cortlandville ---PAGE BREAK--- Budgetary Provisions Appropriated Estimated Other Uses Estimated Excess Fund Amount to be Fund Appropriations (to equip reserve) Revenues Balance Raised by Tax General - Townwide $205,242.00 0.00 39,750.00 2,775.00 162,717.00 Highway - Townwide $274,371.00 22,998.00 78,485.00 218,884.00 Comm. Development $3,385.00 3,385.00 Sub-Total $482,998.00 $22,998.00 $121,620.00 $2,775.00 $381,601.00 Special Districts Sewer District $11,850.00 11,850.00 0.00 0.00 Cuyler Fire District $77,100.00 0.00 0.00 77,100.00 Sub-Total Special Districts $88,950.00 $11,850.00 $0.00 $77,100.00 Total $571,948.00 $22,998.00 $133,470.00 $2,775.00 $458,701.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $176,778.00 142,240.00 0.00 34,538.00 Highway - Townwide $289,950.00 105,750.00 0.00 184,200.00 Sub-Total $466,728.00 $247,990.00 $0.00 $218,738.00 Special Districts Freetown Fire District $34,936.00 0.00 0.00 0.00 Sub-Total Special Districts $34,936.00 $0.00 $0.00 $0.00 Total $501,664.00 $247,990.00 $0.00 $218,738.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $209,619.00 120,560.00 18,468.00 70,591.00 Highway - Townwide $267,200.00 42,500.00 56,395.00 168,305.00 Sub-Total $476,819.00 $163,060.00 $74,863.00 $238,896.00 Special Districts Harford Fire District $75,933.00 0.00 0.00 75,933.00 Harford Mills Water District $5,975.00 5,975.00 0.00 0.00 Sub-Total Special Districts $81,908.00 $5,975.00 $0.00 $75,933.00 Total $558,727.00 $169,035.00 $74,863.00 $314,829.00 Town of Harford SUMMARY OF TOWN BUDGETS - 2012 Published from Summary Sheets Submitted by Towns Town of Cuyler Town of Freetown ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $507,051.00 340,004.00 0.00 167,047.00 Gen - Outside Villages $109,462.00 109,462.00 0.00 0.00 Highway - Townwide $318,500.00 67,145.00 0.00 251,355.00 Hwy - Outside Villages $652,380.00 652,380.00 0.00 0.00 Sub-Total $1,587,393.00 $1,168,991.00 $0.00 $418,402.00 Special Districts Homer Fire District $83,500.00 0.00 0.00 83,500.00 Sub-Total Special Districts $83,500.00 $0.00 $0.00 $83,500.00 Total $1,670,893.00 $1,168,991.00 $0.00 $501,902.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $237,064.00 13,800.00 20,000.00 203,264.00 Highway - Townwide $305,772.00 78,207.00 20,000.00 207,565.00 Sub-Total $542,836.00 $92,007.00 $40,000.00 $410,829.00 Special Districts Lapeer Fire District $54,990.00 0.00 0.00 54,990.00 Sub-Total Special Districts $54,990.00 $0.00 $0.00 $54,990.00 Total $597,826.00 $92,007.00 $40,000.00 $465,819.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $226,624.00 64,110.00 0.00 162,514.00 Gen - Outside Villages $49,345.00 49,345.00 0.00 0.00 Highway - Townwide $110,340.00 36,820.00 0.00 73,520.00 Hwy - Outside Villages $211,545.00 211,545.00 0.00 0.00 Sub-Total $597,854.00 $361,820.00 $0.00 $236,034.00 Special Districts Marathon Fire District $106,313.00 0.00 0.00 106,313.00 Sub-Total Special Districts $106,313.00 $0.00 $0.00 $106,313.00 Total $704,167.00 $361,820.00 $0.00 $342,347.00 SUMMARY OF TOWN BUDGETS - 2012 Published from Summary Sheets Submitted by Towns Town of Homer Town of Lapeer Town of Marathon ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $274,253.00 219,000.00 55,253.00 0.00 Highway - Townwide $361,340.00 233,680.00 21,660.00 106,000.00 Sub-Total $635,593.00 $452,680.00 $76,913.00 $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 $730,593.00 $452,680.00 $76,913.00 $201,000.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $211,150.10 124,630.00 86,520.10 0.00 Highway - Townwide $334,919.74 165,063.00 3,894.74 165,962.00 Sub-Total $546,069.84 $289,693.00 $90,414.84 $165,962.00 Special Districts Scott Fire District $36,617.00 0.00 0.00 36,617.00 Water District # 1 $16,910.00 16,910.00 0.00 0.00 Sub-Total Special Districts $53,527.00 $16,910.00 $0.00 $36,617.00 Total $599,596.84 $306,603.00 $90,414.84 $202,579.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $159,685.00 22,000.00 10,000.00 127,685.00 Highway - Townwide $313,278.00 73,358.00 15,000.00 224,920.00 Sub-Total $472,963.00 $95,358.00 $25,000.00 $352,605.00 Special Districts Solon Fire District $42,000.00 0.00 0.00 42,000.00 Sub-Total Special Districts $42,000.00 $0.00 $0.00 $42,000.00 Town Total $472,963.00 $95,358.00 $25,000.00 $352,605.00 Town of Preble Town of Scott Published from Summary Sheets Submitted by Towns Town of Solon SUMMARY OF TOWN BUDGETS - 2012 ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $139,665.00 29,575.00 0.00 110,090.00 Highway - Townwide $249,106.00 117,787.00 0.00 131,319.00 Sub-Total $388,771.00 $147,362.00 $0.00 $241,409.00 Special Districts Taylor Fire District $35,435.00 0.00 0.00 35,435.00 Sub-Total Special Districts $35,435.00 $0.00 $0.00 $35,435.00 Total $424,206.00 $147,362.00 $0.00 $276,844.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $344,685.00 111,875.00 67,810.00 165,000.00 Highway - Townwide $426,950.00 159,742.00 39,913.00 227,295.00 Sub-Total $771,635.00 $271,617.00 $107,723.00 $392,295.00 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 $853,289.00 $271,617.00 $107,723.00 $473,949.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $595,277.00 408,000.00 63,050.00 124,227.00 Highway - Townwide $760,454.00 414,294.00 8,623.00 337,537.00 Sub-Total $1,355,731.00 $822,294.00 $71,673.00 $461,764.00 Special Districts Virgil Fire District $211,355.00 0.00 0.00 211,355.00 Virgil Sewer District # 1 $227,999.00 119,115.00 0.00 108,884.00 Virgil Water District # 1 $124,283.00 69,410.00 0.00 54,873.00 Sub-Total Special District $563,637.00 $188,525.00 $0.00 $375,112.00 Total $1,919,368.00 $1,010,819.00 $71,673.00 $836,876.00 SUMMARY OF TOWN BUDGETS - 2012 Published from Summary Sheets Submitted by Towns Town of Taylor Town of Truxton Town of Virgil ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $227,749.00 122,720.00 57,124.00 47,905.00 Highway - Townwide $279,365.00 141,000.00 7,865.00 130,500.00 Joint Youth Commission $11,000.00 11,000.00 0.00 0.00 Sub-Total $518,114.00 $274,720.00 $64,989.00 $178,405.00 Special Districts Willet Fire District $43,000.00 0.00 0.00 43,000.00 Sub-Total Special District $43,000.00 $0.00 $0.00 $43,000.00 Total $561,114.00 $274,720.00 $64,989.00 $221,405.00 Town of Willet SUMMARY OF TOWN BUDGETS - 2012 Published from Summary Sheets Submitted by Towns