Document cortlandcountyny_gov_doc_9916f54ffc

CERTIFICATE AS TO THE PROCEEDINGS OF THE CORTLAND COUNTY LEGISLATURE State of New York County of Cortland County Legislature Pursuant to statute, I hereby certify that the foregoing volume was printed by the authority of the Cortland County Legislature and contains a true copy of the proceedings of said Legislature and the whole thereof, at its sessions, special sessions and the annual session, held during the year two thousand and thirteen. Dated: July 1, 2016 ---PAGE BREAK--- 2012-2013 Cortland County Legislature From left: Clerk Jeremy Boylan; County Administrator Martin Murphy; County Attorney Edward Purser; Kevin Whitney (LD 13); Amy Cobb (LD Danny Ross (LD 12); Don Spaulding (LD Kathie Arnold (LD 16); Thomas Hartnett (LD Newell Willcox (LD Chairman Michael Park (LD 11); Susan Briggs (LD 14); John Troy (LD1); Sandra Price (LD 19); David Fuller (LD 17); Gordon Wheelock (LD 10); Larry Cornell (LD 18); John Natoli (LD Ray Parker (LD Donald Boyden (LD 15); Anthony Pace (LD Richard Bushnell (LD 5) ---PAGE BREAK--- AGING 122-12 Accept Bids/Authorize Purchase-Area Agency on Aging/Nutrition-Miscellaneous Groceries and Frozen Foods 81 196-12 Accept Bids/Authorize Purchase-Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 153 197-12 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies 154 198-12 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Milk and Dairy Products 155 205-12 Authorize Agreement-Department of Social Services (Cortland County Area Agency on Aging) 162 261-12 Accept Bids/Authorize Purchase-Area Agency on Aging/Nutrition-Miscellaneous Groceries and Frozen Foods 215 299-12 Amend Budget-Area Agency on Aging/Nutrition-Nutrition Program Contracts 245 300-12 Authorize Agreements Several Agencies, Department, Etc.-Area Agency on Aging 246 344-12 Authorize Agreements - Area Agency on Aging - Several Agencies, Departments, Etc. 277 390-12 Accept Bids/Authorize Purchase Miscellaneous Groceries & Frozen Foods - Area Agency on Aging/Nutrition 307 391-12 Accept Bids/Authorize Purchase Paper Goods & Maintenance Supplies - Area Agency on Aging/Nutrition 308 167-12 Rental Contract/Highway Department (Cortland County Agriculture Corp.) 121 298-12 Appoint Members to Agricultural and Farmland Protection Board 244 AIRPORT 29-12 Appoint Airport Advisory Board 17 144-12 Approve Project/Award Contracts Main Hangar MH-1 Bathroom Renovations Cortland County Airport - Gen. Levi R. Chase Field-Highway Department 100 150-12 Adopt Findings with Regard to Acquisition of Necessary Property Rights under Eminent Domain Procedure Law- Highway Department/Airport 106 162-12 Approval of Selection of Airport Engineering Consultant Five-Year Term (2012-2017) Cortland County Airport/Highway Department 117 208-12 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 - NAVAIDS Replacement 163 258-12 Amend Resolution 144-12-Cortland County Airport 211 271-12 Authorize Hangar Lease Building MH-3-Cortland County Airport 220 292-12 Authorize Additional Payment of Legal Fees To Outside Counsel For Cortland County And The Cortland County Legislature Regarding Eminent Domain Proceeding 239 385-12 Authorize Extension of Existing Hangar Lease Building MH-2 - Airport 303 01-12 Selecting Chairman of the County Legislature and Setting Official Undertaking 1 02-12 Appoint Clerk of the Legislature 2 03-12 Appoint County Attorney 2 04-12 Appoint County Auditor 3 05-12 Appoint Veterans’ Service Officer 3 08-12 Appoint Members Community Services Board Mental Health 6 09-12 Appoint Members Mental Health Subcommittee Cortland County Community Services Board 7 10-12 Appoint Members Chemical Dependency Subcommittee Cortland County Community Services Board 8 11-12 Appoint/Re-Appoint Members Cortland County Youth Bureau 9 12-12 Appoint Members Developmental Disabilities Subcommittee Cortland County Community Services Board 9 13-12 Appoint Legislative Representatives to the Occupancy Tax Allocation Committee 10 14-12 Appoint Members Soil and Water Conservation Board 11 15-12 Appoint Members Records Management Advisory Board 11 16-12 Appoint/Re-Appoint Members Fire Advisory Board 11 17-12 Re-Appoint Members Empire Zone Administrative Board 12 18-12 Appoint Members Criminal Justice Advisory Board 13 19-12 Appoint Members Cooperative Extension Board of Directors 13 20-12 Appoint Members Cortland County Emergency Medical Services Advisory Board 14 21-12 Appoint Member CNY Regional Market Authority 14 22-12 Re-Appoint Member Open Space Commission-NYSDEC 15 23-12 Appoint Members TC-3 Financial Oversight Committee 15 24-12 Appoint Cortland County Liaison TC-3 Board of Trustees 15 25-12 Appoint Members Cortland County Board of Health 15 26-12 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 16 27-12 Appoint Members Communications Advisory Board 16 AGRICULTURE ALTERNATIVES TO INCARCERATION APPOINTMENTS 2012 RESOLUTION INDEX ---PAGE BREAK--- 28-12 Re-Appoint Member Cortland County Convention and Visitors Board of Directors 17 29-12 Appoint Airport Advisory Board 17 30-12 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) 18 31-12 Appoint/Re-Appoint Members Cortland County Traffic Safety Board 18 32-12 Appoint Members Industrial Development Agency Board of Directors 19 41-12 Resolution Appointing Coroner’s Physician 24 73-12 Re-Appoint County Administrator / Authorize Contract Cortland County Legislature 43 76-12 Creating Special Committee Investigations 45 77-12 Appoint Director Capital District Regional Off-Track Betting Corporation 48 78-12 Appoint Members Central New York Regional Planning and Development Board 49 97-12 Re-Appoint Commissioner of Social Services 61 105-12 Appoint Members-Cortland County Youth Board 71 106-12 Appoint Public Defender 71 107-12 Appoint Member Jury Board 72 127-12 Appointment of Jail Physician Pursuant to Correction Law § 501 92 134-12 Appoint Member Central New York Regional Planning and Development Board 94 137-12 Appoint Member-Cortland County Board of Health 148 188-12 Appoint Democratic Election Commissioner 148 189-12 Appoint/Re-appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 148 190-12 Appointing Members to the Cortland County Board of Ethics 149 191-12 Appointing Member to Municipal Electric & Gas Alliance Corporation 150 192-12 Appoint/Re-appoint Members Cortland County Planning Board 150 195-12 Appoint Member Tompkins Cortland Community College Board of Trustees (Matthew McSherry) 153 207-12 Appoint Members Cortland County Youth Board 162 229-12 Appoint Member Community Services Board-Mental Health Subcommittee 181 230-12 Appoint Member Community Services Board-Chemical Dependency Subcommittee 181 231-12 Appoint Members Cortland County Community Services Board-Mental Health 182 247-12 Appoint Representative to the Syracuse Regional Airport Authority 195 260-12 Appoint Member-Employment and Training Grant Administration-Cayuga/Cortland Workforce Investment Board 214 296-12 Appoint Member Community Services Board Developmental Disabilities Subcommittee 243 297-12 Appoint Member Cortland County Planning Board Danny Ross 244 298-12 Appoint Members to Agricultural and Farmland Protection Board 244 339-12 Appoint Member CNY RC&D Council 271 343-12 Appointing Member to the Cortland County Board of Ethics 276 354-12 Re-Appoint Superintendent of Highways - Highway Department 282 387-12 Appoint Member - Industrial Development Agency Board of Directors 306 388-12 Appoint/Re-Appoint Members Fire Advisory Board 306 389-12 Re-Appoint Member Cortland County Board of Health (Douglas A. Rahner, M.D.) - Health 307 404-12 Resolution Appointing Coroner's Physician - Coroner 320 428-12 Appoint/Re-Appoint Members Community Services Board Sub-Committees 339 429-12 Appoint Members - Region 7 Fish And Wildlife Management Board 339 430-12 Re-Appoint Member Soil & Water conservation Board - Traci Evanick 340 BONDING 102-12 BOND RESOLUTION OF THE COUNTY OF CORTLAND, NEW YORK, ADOPTED ON FEBRUARY 23, 2012 AUTHORIZING ISSUANCE OF $3,450,000 BONDS OF THE COUNTY OF CORTLAND TO PAY A PORTION OF THE COSTS OF CONSTRUCTION OF THE COUNTY'S INTEROPERABLE TELECOMMUNICATIONS SYSTEM 64 143-12 BOND RESOLUTION OF THE COUNTY OF CORTLAND, NEW YORK, ADOPTED ON APRIL 26, 2012 AUTHORIZING ISSUANCE OF $1,600,000 BONDS OF THE COUNTY OF CORTLAND TO PAY A PORTION OF THE COST OF CULVERT RECONSTRUCTION AND IMPROVEMENTS AT VARIOUS LOCATIONS THROUGHOUT THE COUNTY 98 BUDGET 54-12 Amend Budget Department of Social Services – Community Solutions for Transportation (CST) 32 60-12 Authorize Expense Account/Amend Budget-Family Counseling Services 36 67-12 Amend 2012 Budget/Transfer Funds-Sheriff's Department/Jail (Clothing & Uniforms) 39 68-12 Amend 2012 Budget/Transfer Funds-Sheriff's Department/Road Patrol (Clothing & Uniforms) 40 75-12 Amend Budget/Re-Appropriate Funds - Buildings & Grounds 44 82-12 Amend 2012 Budget/Transfer Funds- Health Department (Patient Expenses) 52 84-12 Amend Budget-Health Department/Administration (Community Partnerships for Tobacco Control Program) 53 85-12 Amend Budget-Health Department/Administration (Integrated Cancer Services Program) 54 88-12 Amend Budget/Transfer Funds-Highway Department/Recycling 55 89-12 Amend 2012 Budget-Transfer Funds-Highway Department 56 ---PAGE BREAK--- 92-12 Amend 2012 Budget-New York State Department of Transportation (NYSDOT) Federal Section 5316 Job Access and Reverse Commute (JARC)-Cortland County Planning Department 57 93-12 Amend 2012 Budget New York State Department of Transportation (NYSDOT) Federal Section 5317 - New Freedom (NF) Cortland County Planning Department 58 99-12 Accept Grant/Amend Budget-Information Technology (Statewide Interoperable Communications Grant Program) 62 100-12 Amend 2012 Budget-Cortland County District Attorney (Office of Children and Family Services-Child Advocacy Program) 62 110-12 Amend 2012 Budget/Transfer Funds-Health Department (Patient Expenses) 73 116-12 Amend 2012 Budget/Planning Department 5311 New York State Operating Assistance 77 117-12 Amend 2012 Budget NYS DOT Federal Section 5311 - Capital Grant for 2011 and 2012 Fiscal Years-Cortland County Planning Department 77 118-12 Amend 2012 Budget and Establish an Appropriation and Revenue Account New York State Department of Transportation-Transportation Needs Assessment-Cortland County Planning Department 78 130-12 Amend 2011 Budget/Budget Transfers for Negative Balances-County Administrator/County Treasurer 86 149-12 Amend 2012 Budget Recognizing Payment for Pavement Markings-Highway Department 105 151-12 Amend 2012 Budget-Planning Department (5311 STOA Program) 108 155-12 Accept Funds/Amend Budget-Cortland County Tobacco Asset Securitization Corp. (County Legislature) 110 156-12 Transfer Funds/Amend Budget/Accept Funds-District Attorney Salary Increase 111 157-12 Amend Budget/Transfer Funds-Highway Department 111 161-12 Amend Budget-Department of Social Services (YWCA) 116 164-12 Transfer Funds/Highway Capital Projects-Highway Department 119 177-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security - C838490) 137 178-12 RESCIND Resolution No. 126-12 Accept Funds/Amend Budget Protective Equipment (Town of Cortlandville) 137 179-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security - C838400 - SHSP 2010) 138 182-12 Authorize Agreement/Amend Budget Cortland County Chamber of Commerce 140 194-12 Authorize Agreement/Amend Budget-County Administration (New York Jets) 152 211-12 Amend 2012 Budget-Highway Department Capital Plan-Highway Department 166 216-12 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract/Amend 2012 Budget New York State Department of Transportation (NYSDOT) Section 5316- Job Access and Reverse Commute (JARC) Section 5317 - New Freedom - Cortland County Planning Department 170 235-12 Amend Budget/Transfer Funds-Highway Department 184 242-12 Accept Proposal/Authorize Agreement/Amend 2012 Budget Seven Valley Seal Coating-Buildings & Grounds 191 246-12 Authorize Payment/Amend Budget-HCR Home Care- Health Department/CHHA 195 257-12 Accept Proposal/Authorize Agreement Amend 2012 Budget-Buildings And Grounds-First Choice Asphalt Sealing, Paving And Concrete 210 265-12 Amend 2012 Budget/Transfer Funds-Health Department (Medicare Reimbursement) 217 270-12 Amend Budget - Department of Social Services 219 275-12 Amend 2012 Budget No Cost Time Extension of Local/Miscellaneous Contract New York State Department of Transportation (NYSDOT) Section 5316 - Job Access and Reverse Commute (JARC) Section 5317 - New Freedom (NF) Cortland County Planning Department 224 276-12 Accept Grant Application/Authorize Agreement/Amend 2012 Budget NYS DOT Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years Cortland County Planning Department 225 279-12 Transfer Funds Personnel/Civil Service 227 295-12 Amend 2012 Budget/Mental Health Evaluations 241 299-12 Amend Budget-Area Agency on Aging/Nutrition-Nutrition Program Contracts 245 305-12 Accept Funds/Amend 2012 Budget Catholic Charities-Mental Health 248 306-12 Amend Budget Daycare-Department of Social Services 249 307-12 Amend Budget Medical Assistance-Department of Social Services 249 308-12 Amend Budget-Department of Social Services-(Services for Recipients) 249 318-12 Accept Grant/Authorize Agreements/Amend 2012 Budget New York State Department of Transportation (NYSDOT) Section 5316 - Job Access and Reverse commute (JARC)-Cortland County Planning Department 256 319-12 Accept Grant Application/Authorize Agreement/Amend 2012 Budget Agreement New York State Department of Transportation (NYSDOT) Section 5317 - New Freedom (NF) - Cortland County Planning Department 258 332-12 Amend 2012 Budget - Information Technology - Re-appropriation of Revenues 266 333-12 Amend Resolution 257-12 Further Amend 2012 Budget - Buildings & Grounds - First Choice Asphalt Sealing, Paving, and Concrete 267 335-12 Transfer Funds - Treasurers Office - Cortland Abstract 268 353-12 Amend 2012 Budget-Mental Health-OCFS 281 355-12 Transfer Funds - Road Machinery - Highway Department 282 359-12 Authorize Grant Application, Accept Agreement and Amend Budget-NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2013 and 2014 Fiscal Years-Cortland County Planning Department 285 371-12 Revise 2013 Tentative Budget 295 372-12 Adopt 2013 County Budget as Revised 295 379-12 Amend 2012 Budget/Poll Inspectors - Board of Elections 299 ---PAGE BREAK--- 380-12 Amend 2012 Budget-County Attorney-Assigned Counsel / Professional Services 299 382-12 Transfer Funds/Computer Software - Treasurers Office 300 409-12 Accept Proposal/Authorize Agreement/Amend Budget CNY Farm Supply - Equipment Replacement - Buildings & Grounds 323 410-12 Amend Budget/Authorize Agreement Occupancy Tax Audit / Bonadio Group - Administrator 324 422-12 Amend 2013 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 335 223-12 Abolish/Create - Buildings & Grounds Department - Cleaner/Custodian 174 242-12 Accept Proposal/Authorize Agreement/Amend 2012 Budget Seven Valley Seal Coating-Buildings & Grounds 191 243-12 Accept Proposal/Authorize Agreement-Buildings & Grounds-Facility Dude 191 257-12 Accept Proposal/Authorize Agreement Amend 2012 Budget-Buildings And Grounds-First Choice Asphalt Sealing, Paving And Concrete 210 287-12 Accept Proposal/Authorize Agreement Water Treatment Boilers-Buildings and Grounds Department 236 288-12 Accept Proposal/Authorize Agreement Siemens Industry, Inc.-Buildings and Grounds Department 237 289-12 Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc.-Buildings and Grounds Department 237 290-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and Grounds Department 238 291-12 Accept Proposal/Authorize Agreement-Buildings and Grounds-Ehrlich Pest Control 238 333-12 Amend Resolution 257-12 Further Amend 2012 Budget - Buildings & Grounds - First Choice Asphalt Sealing, Paving, and Concrete 267 334-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and Grounds Department 267 341-12 Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc.- Buildings & Grounds Department 272 366-12 Rescind Resolution # 334-12/Authorize Agreement Participate in National Grid Small Business Program-Buildings & Grounds Department 291 367-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and Grounds Department 292 368-12 Authorize Agreement City of Cortland & County of Cortland-Cortland County Gym- Buildings & Grounds 292 369-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and Grounds Department 293 406-12 Authorize Agreement - JCM Architectural Associates Window and Door Replacement, Security Implementation - Building and Grounds 321 407-12 Authorize Agreement ACM Material - Highway Barton & Logiudice/Buildings & Grounds 322 409-12 Accept Proposal/Authorize Agreement/Amend Budget CNY Farm Supply - Equipment Replacement - Buildings & Grounds 323 182-12 Authorize Agreement/Amend Budget Cortland County Chamber of Commerce 140 213-12 Authorize Parking Fee July 3 Fireworks at Dwyer Park 168 66-12 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Contracting with VIP Installations) 39 71-12 Authorize Intra-Office Agreement Cortland county District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds-Renovations) 42 100-12 Amend 2012 Budget Cortland County District Attorney (Office of Children and Family Services)(Child Advocacy Program) 62 154-12 Authorize Intra-office Agreement-Cortland County District Attorney (Child Advocacy Program-Contracting with VIP Installations) 110 220-12 Authorize Intra-Office Agreement - Cortland County District Attorney/Child Advocacy Program (Contracting with VIP Installation) 173 282-12 Authorize Agreement-Cortland County District Attorney (McMahon/Ryan Child Advocacy Center) 233 02-12 Appoint Clerk of the Legislature 2 69-12 Authorize Agreement Cortland County Convention and Visitors Bureau For Provision of Public Benefits Services For Promotion and Publicity 40 376-12 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau 297 19-12 Appoint Members Cooperative Extension Board of Directors 13 47-12 Authorize Agreement Cortland County (Cornell Cooperative Extension) 28 CHAMBER OF COMMERCE CHILD ADVOCACY PROGRAM CORNELL COOPERATIVE EXTENSION BUILDINGS AND GROUNDS CLERK OF THE LEGISLATURE CONVENTION AND VISITORS BUREAU ---PAGE BREAK--- 206-12 Authorize Agreement-Department of Social Services (Cornell Cooperative Extension) 162 38-12 Authorize Agreement – Emergency Medical Physicians County Coroners 22 39-12 Authorize Agreement – Autopsy Services Lourdes Hospital 23 41-12 Resolution Appointing Coroner’s Physician 24 124-12 Amend Resolution 39-12 Authorize Agreement-Autopsy Services Lourdes Hospital 82 324-12 Amend Resolution 39-12, 124-12 Authorize Agreement - Autopsy Services Lourdes Hospital-County Coroner 261 325-12 Authorize Agreements - Autopsy Services Various Physicians - County Coroner 262 362-12 Authorize Agreements - Autopsy Services Various Physicians - County Coroner 289 404-12 Resolution Appointing Coroner's Physician - Coroner 320 405-12 Authorize Agreement - Emergency Medicine Physicians - Coroner 321 67-12 Amend 2012 Budget/Transfer Funds-Sheriff's Department/Jail (Clothing & Uniforms) 39 127-12 Appointment of Jail Physician Pursuant to Correction Law § 501 85 128-12 Authorize Agreement-Sheriff's Department/Jail (K & A Radiologic Technology Services, Inc.) 85 114-12 Authorize Issuance of a Theatrical Production And Custodial License-Highway Department, Dwyer Park (Cortland Repertory Theatre) 76 73-12 Re-Appoint County Administrator / Authorize Contract Cortland County Legislature 43 76-12 Creating Special Committee Investigations 45 120-12 Authorize Agreement Deferred Compensation Audit 80 130-12 Amend 2011 Budget/Budget Transfers for Negative Balances-County Administrator/County Treasurer 86 183-12 Sales Tax Agreement / City of Cortland 86 193-12 Amending Resolution No. 183-12 Sales Tax Agreement / City Of Cortland 151 194-12 Authorize Agreement/Amend Budget-County Administration (New York Jets) 152 225-12 Adopt Cortland County Purchasing Policy/Amend Procurement Policy-County Administration 175 277-12 Authorize Agreement ProAct Prescription Drug Program-Administration 226 278-12 Awarding Proposal for the Administration of the Cortland County Internal Revenue Code, Section 457 Deferred Compensation Retirement Plan and Authorizing Agreements with Nationwide Retirement Solutions, Nationwide Financial Services Inc. and Nationwide Trust Company in Furtherance Thereof 226 337-12 Authorize Agreement for Cortland County Audits for the Years Ending 12/31/12. 12/31/13 and 20/31/14 269 377-12 Authorize Agreement Workers' Compensation/Self Insurance Program 298 381-12 Amend Resolution 120-12 Deferred Compensation Audit 300 395-12 Authorize Agreement/Accept Funds Healthy Places to Live, Work, & Play Grant - Health Department & Admin 310 03-12 Appoint County Attorney 2 380-12 Amend 2012 Budget-County Attorney-Assigned Counsel / Professional Services 299 04-12 Appoint County Auditor 3 33-12 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 20 225-12 Adopt Cortland County Purchasing Policy/Amend Procurement Policy-County Administration 175 421-12 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 334 15-12 Appoint Members Records Management Advisory Board 11 65-12 Authorize Contract Access Systems County Clerk 39 132-12 Authorize To Dissolve Agreement Animal Population Control Plan Municipal Agreements 87 219-12 Authorize Contract Cortland County Clerk/RMO County Department Shredding 172 239-12 Establish Committee-Disaster Preparedness, Recovery Plan - County Clerk/RMO 187 281-12 Authorize Contract-County Clerk's Office- Document Management System 232 COURTS 107-12 Appoint Member Jury Board 72 CORONER CORRECTIONS CORTLAND REPERTORY THEATRE COUNTY ADMINISTRATOR COUNTY ATTORNEY COUNTY AUDITOR COUNTY CLERK ---PAGE BREAK--- 06-12 Designate Official Newspaper 4 72-12 Designation of Depositories 43 DISTRICT 66-12 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Contracting with VIP Installations) 39 71-12 Authorize Intra-Office Agreement Cortland county District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds-Renovations) 42 100-12 Amend 2012 Budget Cortland County District Attorney (Office of Children and Family Services)(Child Advocacy 62 154-12 Authorize Intra-office Agreement-Cortland County District Attorney (Child Advocacy Program-Contracting with VIP 110 156-12 Transfer Funds/Amend Budget/Accept Funds-District Attorney Salary Increase 111 220-12 Authorize Intra-Office Agreement - Cortland County District Attorney/Child Advocacy Program (Contracting with VIP Installation) 173 282-12 Authorize Agreement-Cortland County District Attorney (McMahon/Ryan Child Advocacy Center) 233 294-12 Resolution Calling For The Governor And State Legislature To Compensate Counties For State Mandated District 240 91-12 Authorize Agreement Dwyer Park 2012 Celtic Festival Highway Department 57 114-12 Authorize Issuance of a Theatrical Production And Custodial License-Highway Department, Dwyer Park (Cortland Repertory Theatre) 76 213-12 Authorize Parking Fee July 3 Fireworks at Dwyer Park 168 E-911 20-12 Appoint Members Cortland County Emergency Medical Services Advisory Board 14 123-12 Authorizing A Home Rule Request For Special Legislation To Increase The Wireless Surcharge For Cortland County 81 136-12 Endorsing State Legislation Amending County Law "In Relation to Wireless Communication Surcharges in the County of Cortland" (S4044A, A6548A) 93 240-12 Authorize Agreement-Sheriff's Department / 911 Center- AAT Communications Systems Corporation 187 98-12 61 99-12 Accept Grant/Amend Budget Information Technology-Statewide Interoperable Communications Grant Program 62 102-12 BOND RESOLUTION OF THE COUNTY OF CORTLAND, NEW YORK, ADOPTED ON FEBRUARY 23, 2012 64 104-12 Resolution to Authorize Execution of Option Agreements To Purchase Two Parcels of Land for Interoperable 69 180-12 Resolution Adopting A Negative Declaration Under The State Environmental Quality Review Act For a New 138 181-12 Resolution Adopting A Negative Declaration Under The State Environmental Quality Review Act For A New 139 218-12 Authorize Membership In The Southern Tier East Regional Emergency Service Interoperable Communications Consortium 172 237-12 Authorize Memorandum Of Understanding-Reserve Equipment - Central New York Interoperable Communications Consortium 186 238-12 Authorize Agreement - Backup Generator Purchase - New York State Police 186 241-12 Authorize Contract/TLC Emergency Medical Services - Information Technology 188 256-12 Authorize Agreement With Richard Fritts and Karen Fritts For Overhead Electrical Service To Radio Tower On 210 280-12 Adopt Interoperable Communications System Agreement-Information Technology 227 ELECTIO 95-12 Approve contract/Receive Funds Cortland County Board of Elections Polling Sites Access Improvements 60 119-12 Authorize Contract-Board of Elections-SOE Software Corporation 79 152-12 Amend Contract (Res. 119-12)-Board of Elections-SOE Software Corporation 108 188-12 Appoint Democratic Election Commissioner 148 379-12 Amend 2012 Budget/Poll Inspectors - Board of Elections 299 ETHICS 190-12 Appointing Members to the Cortland County Board of Ethics 149 343-12 Appointing Member to the Cortland County Board of Ethics 276 26-12 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 16 160-12 Authorize Agreement-Employment and Training Department Cayuga-Cortland Workforce Investment Board (WIB) and The Chief Elected Officials of Cayuga and Cortland Counties 116 189-12 Appoint/Re-appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 148 DESIGNATIONS DWYER MEMORIAL PARK EICS (Emergency Interoperable Communication System) EMPLOYMENT AND TRAINING / GRANT ADMINISTRATION Authorize Agreement-Participate In A Study Regarding Shared Public Safety Communications Center Services with Onondaga County ---PAGE BREAK--- 199-12 Authorize Lease Agreement Department of Employment and Training (Calabro Properties, Inc.) 156 251-12 Authorize Agreement - Department of Social Services (Cortland County Employment and Training Department) 197 260-12 Appoint Member-Employment and Training Grant Administration-Cayuga/Cortland Workforce Investment Board 214 262-12 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2012-2013 for the Workforce Investment Act Title I-B and Wagner Peyser Programs 215 374-12 Authorize Agreement-Employment and Training Department And P.A.C.S. Security/Monitoring 296 375-12 Enter into Agreement-Employment and Training Department And P.A.C.S. Security/Inspection and Servicing 297 16-12 Appoint/Re-Appoint Members Fire Advisory Board 11 42-12 Amend Resolution Fire & Emergency Management Office – Adopt Revised Fire Services Mutual Aid Plan 24 176-12 Award Contract - Fire & Emergency Management - National Incident Management System (NIMS) Compliance Consultant 136 177-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security - C838490) 137 179-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security - C838400 - SHSP 2010) 138 326-12 Authorize Agreement - Fire & Emergency Management - United Radio Service 262 327-12 Authorize Agreement - Fire & Emergency Management - Fire Service Safety Testing, Inc. 263 328-12 Authorize Agreement - Fire & Emergency Management - Tyler Fire Equipment 264 363-12 Accept FY 2011 State Homeland Security Grant Program - Fire & Emergency Management - NYS Division of Homeland Security & Emergency Services - C970010 289 388-12 Appoint/Re-Appoint Members Fire Advisory Board 306 45-12 Resolution Amending Resolution 198-10 Award Construction Project-Reconstruction of Page Green Road (CR 122) Highway Department 27 88-12 Amend Budget/Transfer Funds Highway Department/Recycling 55 89-12 Amend 2012 Budget Transfer Funds Highway Department 56 90-12 Approval to Purchase Road Salt State of New York Office of General Services Highway Department 56 91-12 Authorize Agreement Dwyer Park 2012 Celtic Festival Highway Department 57 113-12 Authorize Amnesty Week-Highway Department 75 144-12 Approve Project/Award Contracts Main Hangar MH-1 Bathroom Renovations Cortland County Airport - Gen. Levi R. Chase Field-Highway Department 100 145-12 Recognize Bond Revenue/Amend Budget-Highway Department 101 146-12 Award Bids-Highway Department 102 147-12 Award/Extend Bids-Highway Department 103 148-12 Authorize Agreement/Highway Department New York Department of Transportation 104 149-12 Amend 2012 Budget Recognizing Payment for Pavement Markings-Highway Department 105 150-12 Adopt Findings with Regard to Acquisition of Necessary Property Rights under Eminent Domain Procedure Law- Highway Department/Airport 106 157-12 Amend Budget/Transfer Funds-Highway Department 111 162-12 Approval of Selection of Airport Engineering Consultant Five-Year Term (2012-2017) Cortland County Airport/Highway Department 117 163-12 Award Highway Construction Project-Replacement of Large Culvert over Place Brook on Gee Brook Road (C.R. 162)-Highway Department 118 164-12 Transfer Funds/Highway Capital Projects-Highway Department 119 165-12 Award Highway Construction Project-Replacement of Bridge 3311950 on Preble Road (C.R. 108B)-Highway Department 119 166-12 Award Highway Construction Project-Design, Supply and Install Prestressed Concrete Superstructure & Precast Concrete Wingwalls on Union Valley Road (C.R. 158) - Highway Department 120 167-12 Rental Contract/Highway Department (Cortland County Agriculture Corp.) 121 168-12 Supplementary Engineering Services Agreement (Gomez & Sullivan)-Highway Department 121 169-12 Grant Writing Services Agreement-Highway Department 123 170-12 Award Household Hazardous Waste Contract-Highway Department/Landfill 123 209-12 Award Highway Construction Project - Replacement of Large Culvert on East River Road (C.R. 114) Highway Department 165 210-12 Award Highway Construction Project - Supply of Reinforcement Bars on Union Valley Road (C.R. 158)-Highway Department 166 211-12 Amend 2012 Budget-Highway Department Capital Plan-Highway Department 166 212-12 Authorize Agreement New York State Local Waterfront Revitalization Program Little York Lake Dam-Highway Department 167 213-12 Authorize Parking Fee July 3 Fireworks at Dwyer Park 168 234-12 Award Highway Bid-Metal Object Removal-Highway Department/Recycling 183 235-12 Amend Budget/Transfer Funds-Highway Department 184 FIRE AND EMERGENCY MANAGEMENT HEALTH DEPARTMENT (see PUBLIC HEALTH) HIGHWAY ---PAGE BREAK--- 245-12 Amend Resolution/Contract Barton & Loguidice - Highway Department/Landfill 193 253-12 SEQR DETERMINATION-PROPOSED LOCAL SOLID WASTE LAW (LOCAL LAW NO. 5 OF 2012)-HIGHWAY DEPARTMENT 198 254-12 ADOPT PROPOSED LOCAL LAW NO. 4 FOR THE YEAR 2012 199 255-12 Authorize Exemption From Tipping Fees River Clean-Up-Cortland County Highway Department Division of Solid Waste 209 272-12 Authorize Contract- Highway Department Town of Truxton (Snow and Ice - County Roads) 221 273-12 Reject Bids for the Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials-Recycling 222 314-12 Authorize Extension of State Snow/Ice Control Agreement-Highway Department 253 315-12 Award Contract - Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials-Recycling Center/Highway Department 254 354-12 Re-Appoint Superintendent of Highways - Highway Department 282 355-12 Transfer Funds - Road Machinery - Highway Department 282 356-12 Authorize Agreement/Environmental Monitoring - Highway Department/Landfill 283 357-12 Award Solid Waste Bid Alternative Landfill Cover Broker - Solid Waste 283 358-12 Household Hazardous Waste Application - Highway Department/Landfill 284 396-12 Award Highway Equipment - Snow Plow Equipment/Dump Trucks - Highway Department 311 397-12 Engineering Services Term Agreement - Highway Department and Solid Waste 312 398-12 Engineering Services Abatement Services - Highway Department 313 399-12 Authorize Agreement/Leachate Testing - Highway Department and Landfill 313 51-12 Resolution Requesting the New York State Legislature to Enact Legislation Allowing Cross Bow Hunting in Cortland County 30 IDA/BDC 32-12 Appoint Members Industrial Development Agency Board of Directors 19 131-12 Authorize A Release Of Mortgage Premises And Subordination Agreement Access Road, Utilities And Drainage Easement-Finger Lakes East Business Park/Town Of Cortlandville 86 384-12 Authorize Agreement with Cortland County Industrial Development Agency/Business Development Corporation 301 40-12 Amend Agreement Information Technology (Toshiba Business Solutions Copier Lease Agreement) 24 109-12 Authorize Agreement-Information Technology (Folder/Sealer Machine) 73 224-12 Authorize Amendment-Information Technology (Lexis-Nexis) 175 241-12 Authorize Contract/TLC Emergency Medical Services - Information Technology 188 332-12 Amend 2012 Budget - Information Technology - Re-appropriation of Revenues 266 408-12 Authorize Agreement Munis - Information Technology 323 01-12 Selecting Chairman of the County Legislature and Setting Official Undertaking 1 02-12 Appoint Clerk of the Legislature 2 03-12 Appoint County Attorney 2 04-12 Appoint County Auditor 3 05-12 Appoint Veterans’ Service Officer 3 06-12 Designate Official Newspaper 4 07-12 Adoption of Rules of Order Cortland County Legislature 5 08-12 Appoint Members Community Services Board Mental Health 6 09-12 Appoint Members Mental Health Subcommittee Cortland County Community Services Board 7 10-12 Appoint Members Chemical Dependency Subcommittee Cortland County Community Services Board 8 11-12 Appoint/Re-Appoint Members Cortland County Youth Bureau 9 12-12 Appoint Members Developmental Disabilities Subcommittee Cortland County Community Services Board 9 13-12 Appoint Legislative Representatives to the Occupancy Tax Allocation Committee 10 14-12 Appoint Members Soil and Water Conservation Board 11 15-12 Appoint Members Records Management Advisory Board 11 16-12 Appoint/Re-Appoint Members Fire Advisory Board 11 17-12 Re-Appoint Members Empire Zone Administrative Board 12 18-12 Appoint Members Criminal Justice Advisory Board 13 HISTORIAN HOME RULE INFORMATION TECHNOLOGY INSURANCE JAIL (see CORRECTIONS) LANDFILL (see SOLID WASTE) LEGISLATURE ---PAGE BREAK--- 19-12 Appoint Members Cooperative Extension Board of Directors 13 20-12 Appoint Members Cortland County Emergency Medical Services Advisory Board 14 21-12 Appoint Member CNY Regional Market Authority 14 22-12 Re-Appoint Member Open Space Commission-NYSDEC 15 23-12 Appoint Members TC-3 Financial Oversight Committee 15 24-12 Appoint Cortland County Liaison TC-3 Board of Trustees 15 25-12 Appoint Members Cortland County Board of Health 15 26-12 Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 16 27-12 Appoint Members Communications Advisory Board 16 28-12 Re-Appoint Member Cortland County Convention and Visitors Board of Directors 17 29-12 Appoint Airport Advisory Board 17 30-12 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) 18 31-12 Appoint/Re-Appoint Members Cortland County Traffic Safety Board 18 32-12 Appoint Members Industrial Development Agency Board of Directors 19 33-12 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 20 34-12 Authorize Agreement Cortland County (1890 House) 21 35-12 Authorize Agreement Cortland County Historical Society 21 36-12 Authorize Agreement Finger Lakes Library Association 21 37-12 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) 22 38-12 Authorize Agreement – Emergency Medical Physicians County Coroners 22 39-12 Authorize Agreement – Autopsy Services Lourdes Hospital 23 40-12 Amend Agreement Information Technology (Toshiba Business Solutions Copier Lease Agreement) 24 41-12 Resolution Appointing Coroner’s Physician 24 42-12 Amend Resolution Fire & Emergency Management Office – Adopt Revised Fire Services Mutual Aid Plan 24 43-12 Authorize Agreement Probation Department (Medlab, Inc.) 25 44-12 Authorized Agreement Amendment Probation Department Electronic Monitoring (BI Incorporated) 26 45-12 Resolution Amending Resolution 198-10 Award Construction Project-Reconstruction of Page Green Road (CR 122) Highway Department 27 46-12 Authorize Agreement Cortland County SPCA 27 47-12 Authorize Agreement Cortland County (Cornell Cooperative Extension) 28 48-12 Authorize Agreement Cortland County (Federation of Sportsmen) 28 49-12 Authorize Agreement Lime Hollow Nature Center 29 50-12 Authorize Grant Application and Agreement New York State Department of Transportation-Transportation Needs Assessment Cortland County Planning Department 29 51-12 Resolution Requesting the New York State Legislature to Enact Legislation Allowing Cross Bow Hunting in Cortland County 30 52-12 ADOPT PROPOSED LOCAL LAW NO. 1 FOR THE YEAR 2012 – A LOCAL LAW SETTING THE SALARY OF CORTLAND COUNTY ELECTION COMMISSIONERS 30 53-12 ADOPT PROPOSED LOCAL LAW NO. 2 FOR THE YEAR 2012 – A LOCAL LAW TO INCREASE THE SALARY OF COUNTY OFFICERS ELECTED OR APPOINTED FOR A FIXED TERM DURING THE TERM OF OFFICE 31 54-12 Amend Budget Department of Social Services – Community Solutions for Transportation (CST) 32 55-12 Authorize Agreement- Health Department/Hospice (Auditor) 32 56-12 Authorize Agreement-Health Department (Nursing Division)(Contract Services) 33 57-12 Authorize Agreement-Health Department/Environmental Health (Hearing Officer Services) 34 58-12 Authorize Agreement/Accept Funds-Health Department/Administration/Special Programs-Breast and Cervical Cancer Early Detection Program 35 59-12 Authorize Agreements/Accept Funds-Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) 35 60-12 Authorize Expense Account/Amend Budget-Family Counseling Services 369 61-12 Authorize Agreement-Iseman, Cunningham, Reister & Hyde, LLP (Legal Representation for OMIG Audit Process) 36 62-12 Authorized Agreement/Accept Grant Funds-Mental Health Department (Enhanced State Funding) 37 63-12 Authorize Expense Account - JM Murray Center (OASAS) 37 64-12 Authorize Payment-Tompkins Cortland Community College (Operating Budget 2011-2012) 38 65-12 Authorize Contract-Access Systems-County Clerk 38 66-12 Authorize Intra-Office Agreement-Cortland County District Attorney (Child Advocacy Program) (Contracting with VIP Installations) 39 67-12 Amend 2012 Budget/Transfer Funds-Sheriff's Department/Jail (Clothing & Uniforms) 39 68-12 Amend 2012 Budget/Transfer Funds-Sheriff's Department/Road Patrol (Clothing & Uniforms) 40 69-12 Authorize Agreement-Cortland County Convention and Visitors Bureau for Provision of Public Benefits Services 40 70-12 Accept Funds/Authorize Account-Peer Recovery Center/Catholic Charities (Mental Health) 41 71-12 Authorize Intra-Office Agreement-Cortland County District Attorney (Child Advocacy Program) (Payments to Buildings & Grounds-Renovations) 42 72-12 Designation of Depositories 43 73-12 Re-Appoint County Administrator/Authorize Contract-Cortland County Legislature 43 ---PAGE BREAK--- 74-12 Amend Resolution 361-11 Real Property Tax Service-OCE Scanner/Printer 44 75-12 Amend Budget/Re-Appropriate Funds - Buildings & Grounds 44 76-12 Creating Special Committee-Investigations 45 77-12 Appoint Director - Capital District Regional Off-Track Betting Corporation 48 78-12 Appoint Members-Central New York Regional Planning and Development Board 49 79-12 Authorize Amended Agreement-Health Department/Administration-Cancer Services Program 49 80-12 Authorize Agreement-Health Department/Administration (Joel Lalone Consulting) 50 81-12 Authorize Agreement/Accept Funds-Health Department/Children With Special Needs Program (EIP NYS GRANT) 51 82-12 Amend 2012 Budget/Transfer Funds- Health Department (Patient Expenses) 52 83-12 Authorize Agreement-Health Department/Environmental Health (Engineering Services) 52 84-12 Amend Budget-Health Department/Administration (Community Partnerships for Tobacco Control Program) 53 85-12 Amend Budget-Health Department/Administration (Integrated Cancer Services Program) 54 86-12 Amend Terms of 2012 Contract Between Mental Health Department and Accumedic Computer Systems 54 87-12 Authorize Agreement/Renewal of Lease for Mental Health Department Offices At 1-5 Clayton Ave., Cortland, New York 55 88-12 Amend Budget/Transfer Funds-Highway Department/Recycling 55 89-12 Amend 2012 Budget-Transfer Funds-Highway Department 56 90-12 Approval to Purchase Road Salt-State of New York Office of General Services-Highway Department 56 91-12 Authorize Agreement-Dwyer Park 2012 Celtic Festival-Highway Department 57 92-12 Amend 2012 Budget-New York State Department of Transportation (NYSDOT) Federal Section 5316 Job Access and Reverse Commute (JARC)-Cortland County Planning Department 57 93-12 Amend 2012 Budget New York State Department of Transportation (NYSDOT) Federal Section 5317 - New 58 94-12 Authorize Agreement Cortland County Planning Department Cortland County and Tompkins County Transportation to Cornell 59 95-12 Approve Contract/Receive Funds Cortland County Board of Elections Polling Sites Access Improvements 60 96-12 Authorize Agreement Department of Social Services (Office of Temporary and Disability Assistance) 60 97-12 Re-Appoint Commissioner of Social Services Department of Social Services 61 98-12 Authorize Agreement-Participate In A Study Regarding Shared Public Safety Communications Center Services With Onondaga County 61 99-12 Accept Grant/Amend Budget-Information Technology (Statewide Interoperable Communications Grant Program) 62 100-12 Amend 2012 Budget-Cortland County District Attorney (Office of Children and Family Services-Child Advocacy 62 101-12 Authorize Payment Surplus Sales Tax-Treasurer's Office 63 102-12 BOND RESOLUTION OF THE COUNTY OF CORTLAND, NEW YORK, ADOPTED ON FEBRUARY 23, 2012 AUTHORIZING ISSUANCE OF $3,450,000 BONDS OF THE COUNTY OF CORTLAND TO PAY A PORTION OF THE COSTS OF CONSTRUCTION OF THE COUNTY'S INTEROPERABLE TELECOMMUNICATIONS SYSTEM 64 103-12 Authorize Amendment/Transfer Certificate of Need Cortland County Certified Home Health Agency/HCR-Health Department 68 104-12 Resolution to Authorize Execution of Option Agreements To Purchase Two Parcels of Land for Interoperable 69 105-12 Appoint Members-Cortland County Youth Board 71 106-12 Appoint Public Defender 71 107-12 Appoint Member Jury Board 72 108-12 Resolution Calling On All Counties to Unite To Bring About Real And Meaningful Mandate Relief In New York State 72 109-12 Authorize Agreement-Information Technology (Folder/Sealer Machine) 73 110-12 Amend 2012 Budget/Transfer Funds-Health Department (Patient Expenses) 73 111-12 Authorize Agreements/Accept Funds-Health Department/Administration (Integrated Cancer Services Program) 74 112-12 Amend Terms of 2012 Contract Between Mental Health Department and Ability Network, Inc. 74 113-12 Authorize Amnesty Week-Highway Department 75 114-12 Authorize Issuance of a Theatrical Production And Custodial License-Highway Department, Dwyer Park (Cortland Repertory Theatre) 76 115-12 Authorize Agreement Cortland County and First Transit, Inc.-Planning Department 76 116-12 Amend 2012 Budget/Planning Department 5311 New York State Operating Assistance 77 117-12 Amend 2012 Budget NYS DOT Federal Section 5311 - Capital Grant for 2011 and 2012 Fiscal Years-Cortland County Planning Department 77 118-12 Amend 2012 Budget and Establish an Appropriation and Revenue Account New York State Department of Transportation-Transportation Needs Assessment-Cortland County Planning Department 78 119-12 Authorize Contract-Board of Elections-SOE Software Corporation 79 120-12 Authorize Agreement Deferred Compensation Audit 80 121-12 Amend Rules of Order Create Committee (Pending Committee Approval) 80 122-12 Accept Bids/Authorize Purchase -Area Agency on Aging/Nutrition-Miscellaneous Groceries and Frozen Foods 81 123-12 Authorizing A Home Rule Request For Special Legislation To Increase The Wireless Surcharge For Cortland County 81 124-12 Amend Resolution 39-12 Authorize Agreement-Autopsy Services Lourdes Hospital 82 125-12 Authorize Contract-Systems East-Credit Card Payments 83 ---PAGE BREAK--- 126-12 Accept Funds/Amend Budget Protective Equipment (Town of Cortlandville)-County Sheriff 83 127-12 Appointment of Jail Physician Pursuant to Correction Law § 501 85 128-12 Authorize Agreement-Sheriff's Department/Jail (K & A Radiologic Technology Services, Inc.) 85 129-12 Extend Keyboard Specialist-Public Defender 86 130-12 Amend 2011 Budget/Budget Transfers for Negative Balances-County Administrator/County Treasurer 86 131-12 Authorize A Release Of Mortgage Premises And Subordination Agreement Access Road, Utilities And Drainage Easement-Finger Lakes East Business Park/Town Of Cortlandville 86 132-12 Authorize To Dissolve Agreement Animal Population Control Plan Municipal Agreements 87 133-12 PROPOSED LOCAL LAW NO. 3 OF THE YEAR 2012 A LOCAL LAW PROHIBITING WITHIN CORTLAND COUNTY THE USE, POSSESSION, PURCHASE, ATTEMPTED PURCHASE, SELLING, PUBLIC DISPLAY FOR SALE, ATTEMPTED SALE, OR GIVING OF ALTERNATIVE AND/OR MARIJUANA AS DEFINED HEREIN 89 134-12 Appoint Member Central New York Regional Planning and Development Board 92 135-12 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) 92 136-12 Endorsing State Legislation Amending County Law "In Relation to Wireless Communication Surcharges in the County of Cortland" (S4044A, A6548A) 93 137-12 Appoint Member-Cortland County Board of Health 94 138-12 Authorize Agreements-Health Department/Children with Special Needs Program (Contract for Services) 94 139-12 Reject Bid/Extend Bid/Authorize Agreement-Health Department/Children With Special Needs (Birth to 5) (Transportation of Children with Disabilities) 95 140-12 Authorize Contract For Family Counseling Services of Cortland County to Implement the New York State Office of Mental Health (NYS OMH) Early Recognition and Screening Grant 96 141-12 Authorize Agreement-Department of Social Services (Office of Children and Family Services) 97 142-12 Authorize Agreement-Department of Social Services (DNA Diagnostic Center) 97 143-12 BOND RESOLUTION OF THE COUNTY OF CORTLAND, NEW YORK, ADOPTED ON APRIL 26, 2012 AUTHORIZING ISSUANCE OF $1,600,000 BONDS OF THE COUNTY OF CORTLAND TO PAY A PORTION OF THE COST OF CULVERT RECONSTRUCTION AND IMPROVEMENTS AT VARIOUS LOCATIONS THROUGHOUT THE COUNTY 98 144-12 Approve Project/Award Contracts Main Hangar MH-1 Bathroom Renovations Cortland County Airport - Gen. Levi R. Chase Field-Highway Department 100 145-12 Recognize Bond Revenue/Amend Budget-Highway Department 101 146-12 Award Bids-Highway Department 102 147-12 Award/Extend Bids-Highway Department 103 148-12 Authorize Agreement/Highway Department New York Department of Transportation 104 149-12 Amend 2012 Budget Recognizing Payment for Pavement Markings-Highway Department 105 150-12 Adopt Findings with Regard to Acquisition of Necessary Property Rights under Eminent Domain Procedure Law- Highway Department/Airport 106 151-12 Amend 2012 Budget-Planning Department (5311 STOA Program) 108 152-12 Amend Contract (Res. 119-12)-Board of Elections-SOE Software Corporation 108 153-12 Amend Rules of Order - Cortland County Legislature 109 154-12 Authorize Intra-office Agreement-Cortland County District Attorney (Child Advocacy Program-Contracting with VIP Installations) 110 155-12 Accept Funds/Amend Budget-Cortland County Tobacco Asset Securitization Corp. (County Legislature) 110 156-12 Transfer Funds/Amend Budget/Accept Funds-District Attorney Salary Increase 111 157-12 Amend Budget/Transfer Funds-Highway Department 111 158-12 Authorize Public Hearing Tompkins Cortland Community College (2012-2013 Operating Budget) 114 159-12 Authorize Apportionment of Mortgage Tax Monies-Treasurer's Office 115 160-12 Authorize Agreement-Employment and Training Department Cayuga-Cortland Workforce Investment Board 116 161-12 Amend Budget-Department of Social Services (YWCA) 116 162-12 Approval of Selection of Airport Engineering Consultant Five-Year Term (2012-2017) Cortland County Airport/Highway Department 117 163-12 Award Highway Construction Project-Replacement of Large Culvert over Place Brook on Gee Brook Road (C.R. 162)-Highway Department 118 164-12 Transfer Funds/Highway Capital Projects-Highway Department 119 165-12 Award Highway Construction Project-Replacement of Bridge 3311950 on Preble Road (C.R. 108B)-Highway Department 119 166-12 Award Highway Construction Project-Design, Supply and Install Prestressed Concrete Superstructure & Precast 120 167-12 Rental Contract/Highway Department (Cortland County Agriculture Corp.) 121 168-12 Supplementary Engineering Services Agreement (Gomez & Sullivan)-Highway Department 121 169-12 Grant Writing Services Agreement-Highway Department 123 170-12 Award Household Hazardous Waste Contract-Highway Department/Landfill 123 171-12 ADOPT LOCAL LAW NO. 4 FOR 2012-2012 LEGISLATIVE REDISTRICTING OF CORTLAND COUNTY 125 172-12 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 135 ---PAGE BREAK--- 173-12 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2012-2013 - Planning Department 135 174-12 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2012-2013 - Planning 136 175-12 Authorize Contract/Cortland Electronics - Cortland County Legislature 136 176-12 Award Contract - Fire & Emergency Management - National Incident Management System (NIMS) Compliance Consultant 136 177-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security - C838490) 137 178-12 RESCIND Resolution No. 126-12 Accept Funds/Amend Budget Protective Equipment (Town of Cortlandville) 137 179-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security - C838400 - SHSP 2010) 138 180-12 Resolution Adopting A Negative Declaration Under The State Environmental Quality Review Act For a New Tower In The Town of Cincinnatus For The Countywide Interoperable Radio Communications System 138 181-12 Resolution Adopting A Negative Declaration Under The State Environmental Quality Review Act For A New Tower In the Town Of Solon For The Countywide Interoperable Radio Communications System 139 182-12 Authorize Agreement/Amend Budget Cortland County Chamber of Commerce 140 183-12 Sales Tax Agreement / City of Cortland 142 184-12 Approval Of The Appropriation Of Surplus Funds Tompkins Cortland Community College 146 185-12 Adopt 2012-2013 Operating Budget Tompkins Cortland Community College 146 186-12 Resolution In Support Of Senate Bill No. S5629-B And Assembly Bill No. A6575 - An Act To Amend The Tax Law Authorizing Certain Counties, Cities And School Districts To Impose Up To A Four Percent Rate Of Sales And Compensating Use Taxes 147 187-12 Resolution In Support Of Lime Hollow Nature Center NYS Office of Parks, Recreation and Historic Preservation Grant 148 188-12 Appoint Democratic Election Commissioner 148 189-12 Appoint/Re-appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 148 190-12 Appointing Members to the Cortland County Board of Ethics 149 191-12 Appointing Member to Municipal Electric & Gas Alliance Corporation 150 192-12 Appoint/Re-appoint Members Cortland County Planning Board 150 193-12 Amending Resolution No. 183-12 Sales Tax Agreement / City Of Cortland 151 194-12 Authorize Agreement/Amend Budget-County Administration (New York Jets) 152 195-12 Appoint Member Tompkins Cortland Community College Board of Trustees (Matthew McSherry) 153 196-12 Accept Bids/Authorize Purchase-Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 153 197-12 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies 154 198-12 Accept Bids/Authorize Purchase - Area Agency on Aging/Nutrition Milk and Dairy Products 155 199-12 Authorize Lease Agreement Department of Employment and Training (Calabro Properties, Inc.) 156 200-12 Authorize Agreement-Health Department/Children with Special Needs Division (Software - Pre-K) 156 201-12 Authorize Agreements-Health Department/Administration-Private Companies, Schools, Health Facilities, Private Organizations 157 202-12 Authorize Agreement/Accept Funds-Health Department-Tobacco Enforcement Program 158 203-12 Authorize Agreements/Accept Funds Health Department/Environmental Health-Drinking Water Program 158 204-12 Resource Allocation Plan NYS Office of Children and Family Services-Health Department/Youth Bureau 158 205-12 Authorize Agreement-Department of Social Services (Cortland County Area Agency on Aging) 162 206-12 Authorize Agreement-Department of Social Services (Cornell Cooperative Extension) 162 207-12 Appoint Members Cortland County Youth Board 162 208-12 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 - NAVAIDS Replacement 163 209-12 Award Highway Construction Project - Replacement of Large Culvert on East River Road (C.R. 114) Highway Department 165 210-12 Award Highway Construction Project - Supply of Reinforcement Bars on Union Valley Road (C.R. 158)-Highway Department 166 211-12 Amend 2012 Budget-Highway Department Capital Plan-Highway Department 166 212-12 Authorize Agreement New York State Local Waterfront Revitalization Program Little York Lake Dam-Highway Department 167 213-12 Authorize Parking Fee July 3 Fireworks at Dwyer Park 168 214-12 Authorize Engagement of Patrick M. Snyder, Attorney at Law Legal Services - Wind Project 168 215-12 Resolution Issuing a Positive Declaration Under New York State Environmental Quality Review (SEQR) Act For the Crown City Wind Farm Cortland County 169 216-12 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract/Amend 2012 Budget New York 170 217-12 Standard Work Day and Reporting Resolution 171 218-12 Authorize Membership In The Southern Tier East Regional Emergency Service Interoperable Communications Consortium 172 219-12 Authorize Contract Cortland County Clerk/RMO County Department Shredding 172 220-12 Authorize Intra-Office Agreement - Cortland County District Attorney/Child Advocacy Program (Contracting with 173 221-12 Public Defender Extend Temporary Keyboard Specialist 173 222-12 Create Temporary Director of Weights & Measures - Weights & Measures 174 223-12 Abolish/Create - Buildings & Grounds Department - Cleaner/Custodian 174 ---PAGE BREAK--- 224-12 Authorize Amendment-Information Technology (Lexis-Nexis) 175 225-12 Adopt Cortland County Purchasing Policy/Amend Procurement Policy-County Administration 175 226-12 Authorize Agreement Between United States Environmental Protection Agency And County Of Cortland Regarding Former Buckbee-Mears Site 176 227-12 Authorize Agreement Between Cortland County and the University of New York (SUNY Cortland)-County Legislature 178 228-12 Endorsing Tompkins Cortland Community College Campus Master Plan And Approving Expansion And Renovation Of Tompkins Cortland Community College Facilities Subject To State Approval And Funding 180 229-12 Appoint Member Community Services Board-Mental Health Subcommittee 181 230-12 Appoint Member Community Services Board-Chemical Dependency Subcommittee 181 231-12 Appoint Members Cortland County Community Services Board-Mental Health 182 232-12 Accept Funds-Mental Health Department-System of Care Learning Collaborative 183 233-12 Authorize Agreements-Mental Health Department-Home Care for Cortland County, Inc. 183 234-12 Award Highway Bid-Metal Object Removal-Highway Department/Recycling 183 235-12 Amend Budget/Transfer Funds-Highway Department 184 236-12 Authorize to Seek Proposals for Transit Display Advertising Services For Cortland County Owned Buses (Operated by First Transit, Inc.)-Cortland County Planning 185 237-12 Authorize Memorandum Of Understanding-Reserve Equipment - Central New York Interoperable Communications Consortium 186 238-12 Authorize Agreement - Backup Generator Purchase - New York State Police 186 239-12 Establish Committee-Disaster Preparedness, Recovery Plan - County Clerk/RMO 187 240-12 Authorize Agreement-Sheriff's Department / 911 Center- AAT Communications Systems Corporation 187 241-12 Authorize Contract/TLC Emergency Medical Services - Information Technology 188 242-12 Accept Proposal/Authorize Agreement/Amend 2012 Budget Seven Valley Seal Coating-Buildings & Grounds 191 243-12 Accept Proposal/Authorize Agreement-Buildings & Grounds-Facility Dude 191 244-12 Authorize Settlement Of A Tax Proceeding Commenced By Hope Lake Condominium And Hope Lake Investors, LLC Against David Briggs, As Assessor Of The Town Of Virgil For the Tax Year 2011 192 245-12 Amend Resolution/Contract Barton & Loguidice - Highway Department/Landfill 193 246-12 Authorize Payment/Amend Budget-HCR Home Care- Health Department/CHHA 195 247-12 Appoint Representative to the Syracuse Regional Airport Authority 195 248-12 Authorize Agreement/Accept Funds-Health Department/Nursing-Immunization Action Plan Grant 196 249-12 Mental Health-Abolish/Create Fiscal Officer, Compliance Officer/Administrative Services Manager, Office 196 250-12 Authorize Agreements-Mental Health Department-Empire Interpreting Service 197 251-12 Authorize Agreement - Department of Social Services (Cortland County Employment and Training Department) 197 252-12 Authorize Contract/Richard McNeilly, CPA 198 253-12 SEQR DETERMINATION-PROPOSED LOCAL SOLID WASTE LAW (LOCAL LAW NO. 5 OF 2012)-HIGHWAY DEPARTMENT 198 254-12 ADOPT PROPOSED LOCAL LAW NO. 4 FOR THE YEAR 2012 199 255-12 Authorize Exemption From Tipping Fees River Clean-Up-Cortland County Highway Department Division of Solid Waste 209 256-12 Authorize Agreement With Richard Fritts and Karen Fritts For Overhead Electrical Service To Radio Tower On Fritts Road, Town of Lapeer 210 257-12 Accept Proposal/Authorize Agreement Amend 2012 Budget-Buildings And Grounds-First Choice Asphalt Sealing, Paving And Concrete 210 258-12 Amend Resolution 144-12-Cortland County Airport 211 259-12 Authorize Purchase Agreement County Tax Collection System-County Treasurers' Office 212 260-12 Appoint Member-Employment and Training Grant Administration-Cayuga/Cortland Workforce Investment Board 214 261-12 Accept Bids/Authorize Purchase-Area Agency on Aging/Nutrition-Miscellaneous Groceries and Frozen Foods 215 262-12 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2012-2013 for the Workforce Investment Act Title I-B and Wagner Peyser Programs 215 263-12 Authorize Agreements/Accept Funds Health Department/Administration Public Health Emergency Preparedness Program 216 264-12 Authorize Agreement City of Syracuse and Onondaga County Health Department-Health Department 216 265-12 Amend 2012 Budget/Transfer Funds-Health Department (Medicare Reimbursement) 217 266-12 Authorize Expense Account (Cortland Regional Medical Center) 218 267-12 Authorize Agreements-Mental Health Department 218 268-12 Authorize Agreement-Department of Social Services (LexisNexis Risk Solutions FL, Inc.) 218 269-12 Abolish/Create - Health Department - Principal Account Clerk/Senior Medical Services Clerk 219 270-12 Amend Budget - Department of Social Services 219 271-12 Authorize Hangar Lease Building MH-3-Cortland County Airport 220 272-12 Authorize Contract- Highway Department Town of Truxton (Snow and Ice - County Roads) 221 273-12 Reject Bids for the Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials-Recycling Center/Highway Department 222 274-12 Resolution to Oppose Clean Water Act Draft Guidance Proposed by the Environmental Protection Agency 222 275-12 Amend 2012 Budget No Cost Time Extension of Local/Miscellaneous Contract New York State Department of 224 ---PAGE BREAK--- 276-12 Accept Grant Application/Authorize Agreement/Amend 2012 Budget NYS DOT Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years Cortland County Planning Department 225 277-12 Authorize Agreement ProAct Prescription Drug Program-Administration 226 278-12 Awarding Proposal for the Administration of the Cortland County Internal Revenue Code, Section 457 Deferred Compensation Retirement Plan and Authorizing Agreements with Nationwide Retirement Solutions, Nationwide Financial Services Inc. and Nationwide Trust Company in Furtherance Thereof 226 279-12 Transfer Funds Personnel/Civil Service 227 280-12 Adopt Interoperable Communications System Agreement-Information Technology 227 281-12 Authorize Contract-County Clerk's Office- Document Management System 232 282-12 Authorize Agreement-Cortland County District Attorney (McMahon/Ryan Child Advocacy Center) 233 283-12 Abolish/Create-Public Defender-Assistant Public Defender (part-time)/Assistant Public Defender (full time) 234 284-12 Public Defender Keyboard Specialist 234 285-12 Authorize Agreement-Sheriff's Department/Jail-Black Creek Integrated Systems Corporation 235 286-12 Authorize Agreement-Sheriff's Department-Porter Lee Corporation 235 287-12 Accept Proposal/Authorize Agreement Water Treatment Boilers-Buildings and Grounds Department 236 288-12 Accept Proposal/Authorize Agreement Siemens Industry, Inc.-Buildings and Grounds Department 237 289-12 Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc.-Buildings and Grounds Department 237 290-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and 238 291-12 Accept Proposal/Authorize Agreement-Buildings and Grounds-Ehrlich Pest Control 238 292-12 Authorize Additional Payment of Legal Fees To Outside Counsel For Cortland County And The Cortland County Legislature Regarding Eminent Domain Proceeding 239 293-12 Authorize Agreement Cortland County Health Department/Nursing Division Jack Venesky, CPA 240 294-12 Resolution Calling For The Governor And State Legislature To Compensate Counties For State Mandated District Attorney's Salaries 240 295-12 Amend 2012 Budget/Mental Health Evaluations 241 296-12 Appoint Member Community Services Board Developmental Disabilities Subcommittee 243 297-12 Appoint Member Cortland County Planning Board Danny Ross 244 298-12 Appoint Members to Agricultural and Farmland Protection Board 244 299-12 Amend Budget-Area Agency on Aging/Nutrition-Nutrition Program Contracts 245 300-12 Authorize Agreements Several Agencies, Department, Etc.-Area Agency on Aging 246 301-12 Authorize Agreements/Accept Funds Breast & Cervical Cancer Early Detection Program-Health 246 302-12 Authorize Agreement of Referral STAP-Health Department/Administration 247 303-12 Abolish Full-Time Medical Services Clerk-Health Department 247 304-12 Authorize/Renew Agreement/Accept Grant Funds-Mental Health Department 248 305-12 Accept Funds/Amend 2012 Budget Catholic Charities-Mental Health 248 306-12 Amend Budget Daycare-Department of Social Services 249 307-12 Amend Budget Medical Assistance-Department of Social Services 249 308-12 Amend Budget-Department of Social Services-(Services for Recipients) 249 309-12 Authorize Agreements-Department of Social Services (Day Care Services) 250 310-12 Authorize Agreements-Department of Social Services (Foster Care) 250 311-12 Authorize Agreements-Department of Social Services (Several Agencies, Departments, Etc.) 251 312-12 Authorize Agreements-Department of Social Services (Work Experience Work Sites) 251 313-12 ADOPT LOCAL LAW NO. 5 FOR THE YEAR 2012 252 314-12 Authorize Extension of State Snow/Ice Control Agreement-Highway Department 253 315-12 Award Contract - Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials-Recycling Center/Highway Department 254 316-12 Authorize Assigning Village of Homer House Numbers - Cortland County Planning Department 255 317-12 Accept payment from Twin Bridges Snowmobile Club Snowmobile Trail Maintenance Fund - Planning Department 256 318-12 Accept Grant/Authorize Agreements/Amend 2012 Budget New York State Department of Transportation (NYSDOT) Section 5316 - Job Access and Reverse commute (JARC)-Cortland County Planning Department 256 319-12 Accept Grant Application/Authorize Agreement/Amend 2012 Budget Agreement New York State Department of Transportation (NYSDOT) Section 5317 - New Freedom (NF) - Cortland County Planning Department 258 320-12 Authorize Continuing Agreement for Federal Section 5311 Operating Assistance New York State Department of Transportation-Planning Department 259 321-12 Set November, December 2012 Meeting Dates - County Legislature 259 322-12 Amend County Health Insurance Plan Definition of Dependent 260 323-12 Authorize Agreement Between the County of Cortland and the New York State Nurse's Association Effective July 1, 2012 to June 30, 2016 260 324-12 Amend Resolution 39-12, 124-12 Authorize Agreement - Autopsy Services Lourdes Hospital-County Coroner 261 325-12 Authorize Agreements - Autopsy Services Various Physicians - County Coroner 262 326-12 Authorize Agreement - Fire & Emergency Management - United Radio Service 262 327-12 Authorize Agreement - Fire & Emergency Management - Fire Service Safety Testing, Inc. 263 328-12 Authorize Agreement - Fire & Emergency Management - Tyler Fire Equipment 264 329-12 Authorize Agreement Amendment - Probation Department - Electronic Monitoring (BI Incorporated) 264 330-12 Authorize Agreement- Probation Department - Medlab, Inc. 265 ---PAGE BREAK--- 331-12 Accept Grant/Amend Budget Homeland Security Grant Program - Sheriff's Department 265 332-12 Amend 2012 Budget - Information Technology - Re-appropriation of Revenues 266 333-12 Amend Resolution 257-12 Further Amend 2012 Budget - Buildings & Grounds - First Choice Asphalt Sealing, Paving, and Concrete 267 334-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and Grounds Department 267 335-12 Transfer Funds - Treasurers Office - Cortland Abstract 268 336-12 Authorize Payment to Fiscal Advisors - Treasurers Office 269 337-12 Authorize Agreement for Cortland County Audits for the Years Ending 12/31/12. 12/31/13 and 20/31/14 269 338-12 Authorize Agreement - Real Property Tax Service - Image Mate Online 270 339-12 Appoint Member CNY RC&D Council 271 340-12 Authorize Apportionment of Mortgage Tax Monies-Treasurer's Office 271 341-12 Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc.- Buildings & Grounds Department 272 342-12 Resolution Making a Declaration of Adequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm 275 343-12 Appointing Member to the Cortland County Board of Ethics 276 344-12 Authorize Agreements - Area Agency on Aging - Several Agencies, Departments, Etc. 277 345-12 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program - EIP NYS GRANT 277 346-12 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs - NYS Facilitated 277 347-12 Authorize Agreement/Accept Funds - Health Department - Lead Poisoning Prevention Grant 278 348-12 Authorize Agreements/Accept Funds - Health Department/Administration/Special Programs - Traffic Safety and Injury Prevention Program 279 349-12 Authorize Memorandum of Understanding-Cortland County Health Department/Jacobus Center for Reproductive Health-New York State Department of Health (SDOH) Family Planning Benefit Program Application and Enrollment Assistance 279 350-12 Authorize Agreements - Mental Health Department - Several Agencies, Departments, Etc. 280 351-12 Authorize Agreement - Mental Health Department - HealtheConnections 280 352-12 Authorize Agreement - Department of Social Services - Franciscan Companies 281 353-12 Amend 2012 Budget-Mental Health-OCFS 281 354-12 Re-Appoint Superintendent of Highways - Highway Department 282 355-12 Transfer Funds - Road Machinery - Highway Department 282 356-12 Authorize Agreement/Environmental Monitoring - Highway Department/Landfill 283 357-12 Award Solid Waste Bid Alternative Landfill Cover Broker - Solid Waste 283 358-12 Household Hazardous Waste Application - Highway Department/Landfill 284 359-12 Authorize Grant Application, Accept Agreement and Amend Budget-NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2013 and 2014 Fiscal Years-Cortland County Planning Department 285 360-12 Authorize Agreements-Personnel/Civil Service-Several Agencies 286 361-12 Amend County of Cortland County Employment Policy Manual 287 362-12 Authorize Agreements - Autopsy Services Various Physicians - County Coroner 289 363-12 Accept FY 2011 State Homeland Security Grant Program - Fire & Emergency Management - NYS Division of 289 364-12 Amend Budget/Authorize Agreement NYS Office of Indigent Legal Services - Public Defender 290 365-12 Accept Funds/Authorize Agreement/Amend Budget-Public Defender 291 366-12 Rescind Resolution # 334-12/Authorize Agreement Participate in National Grid Small Business Program-Buildings & Grounds Department 291 367-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and 292 368-12 Authorize Agreement City of Cortland & County of Cortland-Cortland County Gym- Buildings & Grounds 292 369-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program-Buildings and 293 370-12 ADOPT LOCAL LAW NO. 6 OF 2012 - A LOCAL LAW OVERRIDING TAX LEVY LIMIT FOR FISCAL YEAR 294 371-12 Revise 2013 Tentative Budget 295 372-12 Adopt 2013 County Budget as Revised 295 373-12 Extending Sales Tax Agreement/City of Cortland 295 374-12 Authorize Agreement-Employment and Training Department And P.A.C.S. Security/Monitoring 296 375-12 Enter into Agreement-Employment and Training Department And P.A.C.S. Security/Inspection and Servicing 297 376-12 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau 297 377-12 Authorize Agreement Workers' Compensation/Self Insurance Program 298 378-12 Correct Tax Warrants, Rolls & Bills - Real Property Tax Services - Town of Cortlandville 298 379-12 Amend 2012 Budget/Poll Inspectors - Board of Elections 299 380-12 Amend 2012 Budget-County Attorney-Assigned Counsel / Professional Services 299 381-12 Amend Resolution 120-12 Deferred Compensation Audit 300 382-12 Transfer Funds/Computer Software - Treasurers Office 300 383-12 Authorize Auctioneer for Sale of County Properties - County Treasurer 301 384-12 Authorize Agreement with Cortland County Industrial Development Agency/Business Development Corporation 301 385-12 Authorize Extension of Existing Hangar Lease Building MH-2 - Airport 303 386-12 Keyboard Specialist - Public Defender 305 387-12 Appoint Member - Industrial Development Agency Board of Directors 306 ---PAGE BREAK--- 388-12 Appoint/Re-Appoint Members Fire Advisory Board 306 389-12 Re-Appoint Member Cortland County Board of Health (Douglas A. Rahner, M.D.) - Health 307 390-12 Accept Bids/Authorize Purchase Miscellaneous Groceries & Frozen Foods - Area Agency on Aging/Nutrition 307 391-12 Accept Bids/Authorize Purchase Paper Goods & Maintenance Supplies - Area Agency on Aging/Nutrition 308 392-12 Authorize Agreement/Accept Funds - Health Department/Jacobus Center 309 393-12 Authorize Agreement Kinney Management Services, LLC, Kchecks Licensing Fee - Health & Mental Health 309 394-12 Authorize Agreement/Accept Funds Traffic Safety and Injury Prevention Program - Health Department 310 395-12 Authorize Agreement/Accept Funds Healthy Places to Live, Work, & Play Grant - Health Department & Admin 310 396-12 Award Highway Equipment - Snow Plow Equipment/Dump Trucks - Highway Department 311 397-12 Engineering Services Term Agreement - Highway Department and Solid Waste 312 398-12 Engineering Services Abatement Services - Highway Department 313 399-12 Authorize Agreement/Leachate Testing - Highway Department and Landfill 313 400-12 Revise Self Insurance Rates-Cortland County - Employees' Health Benefits Program 314 401-12 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2013 315 402-12 ADOPT PROPOSED LOCAL LAW NO. 9 FOR THE YEAR 2012 - A LOCAL LAW TO INCREASE THE SALARY 318 403-12 ADOPT PROPOSED LOCAL LAW NO. 10 FOR THE YEAR 2012 - A LOCAL LAW SETTING THE SALARY OF 319 404-12 Resolution Appointing Coroner's Physician - Coroner 320 405-12 Authorize Agreement - Emergency Medicine Physicians - Coroner 321 406-12 Authorize Agreement - JCM Architectural Associates Window and Door Replacement, Security Implementation - Building and Grounds 321 407-12 Authorize Agreement ACM Material - Highway Barton & Logiudice/Buildings & Grounds 322 408-12 Authorize Agreement Munis - Information Technology 323 409-12 Accept Proposal/Authorize Agreement/Amend Budget CNY Farm Supply - Equipment Replacement - Buildings & Grounds 323 410-12 Amend Budget/Authorize Agreement Occupancy Tax Audit / Bonadio Group - Administrator 324 411-12 Levying Water Charges - Town of Virgil - Real Property Tax Services 324 412-12 Levying Water Charges - Town of Cincinnatus - Real Property Tax Services 325 413-12 Levying Sewer Charges - Town of Cortlandville - Real Property Tax Services 326 414-12 Levying Water Charges - Town of Cortlandville - Real Property Tax Services 328 415-12 Levying Grass and Weed Charges - Town of Cortlandville - Real Property Tax Services 330 416-12 Levying Sewer Charges - Town of Cuyler - Real Property Tax Services 331 417-12 Levying Water Charges - Town of Harford - Real Property Tax Services 331 418-12 Levying Water Charges - Town of Scott - Real Property Tax Services 332 419-12 Levying Sewer Charges - Town of Virgil - Real Property Tax Services 332 420-12 Levy Town General and Highway Taxes - Real Property Tax Services 333 421-12 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 334 422-12 Amend 2013 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 335 423-12 Levy County Tax - City of Cortland - Real Property Tax Services 336 424-12 Fix Date to Sign Warrants - Real Property Tax Services 336 425-12 Levying Town Special District Taxes - Real Property Tax Services 336 426-12 Resolution of the Legislature of the County of Cortland, Amending Its Sales And Use Tax Resolution to Reflect the Extension of the Sales Tax Distribution Agreement Between Cortland County and the City of Cortland, Pursuant to Article 29 of the Tax Laws of the State of New York 337 427-12 Resolution Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing 338 428-12 Appoint/Re-Appoint Members Community Services Board Sub-Committees 339 429-12 Appoint Members - Region 7 Fish And Wildlife Management Board 339 430-12 Re-Appoint Member Soil & Water conservation Board - Traci Evanick 340 52-12 ADOPT PROPOSED LOCAL LAW NO. 1 FOR THE YEAR 2012 – A LOCAL LAW SETTING THE SALARY OF CORTLAND COUNTY ELECTION COMMISSIONERS 30 53-12 ADOPT PROPOSED LOCAL LAW NO. 2 FOR THE YEAR 2012 – A LOCAL LAW TO INCREASE THE SALARY OF COUNTY OFFICERS ELECTED OR APPOINTED FOR A FIXED TERM DURING THE TERM OF OFFICE 30 133-12 PROPOSED LOCAL LAW NO. 3 OF THE YEAR 2012 A LOCAL LAW PROHIBITING WITHIN CORTLAND COUNTY THE USE, POSSESSION, PURCHASE, ATTEMPTED PURCHASE, SELLING, PUBLIC DISPLAY FOR SALE, ATTEMPTED SALE, OR GIVING OF ALTERNATIVE AND/OR MARIJUANA AS DEFINED HEREIN 89 ADOPT LOCAL LAW NO. 4 FOR 2012-2012 LEGISLATIVE REDISTRICTING OF CORTLAND COUNTY 125 253-12 SEQR DETERMINATION-PROPOSED LOCAL SOLID WASTE LAW (LOCAL LAW NO. 5 OF 2012)-HIGHWAY DEPARTMENT 198 254-12 ADOPT PROPOSED LOCAL LAW NO. 4 FOR THE YEAR 2012 199 313-12 ADOPT LOCAL LAW NO. 5 FOR THE YEAR 2012 252 LOCAL LAWS ---PAGE BREAK--- 370-12 ADOPT LOCAL LAW NO. 6 OF 2012 - A LOCAL LAW OVERRIDING TAX LEVY LIMIT FOR FISCAL YEAR 2013 294 402-12 ADOPT PROPOSED LOCAL LAW NO. 9 FOR THE YEAR 2012 - A LOCAL LAW TO INCREASE THE SALARY OF COUNTY OFFICERS ELECTED OR APPOINTED FOR A FIXED TERM DURING THEIR TERM OF OFFICE 318 403-12 ADOPT PROPOSED LOCAL LAW NO. 10 FOR THE YEAR 2012 - A LOCAL LAW SETTING THE SALARY OF CORTLAND COUNTY ELECTION COMMISSIONERS 319 08-12 Appoint Members Community Services Board Mental Health 6 09-12 Appoint Members Mental Health Subcommittee Cortland County Community Services Board 7 10-12 Appoint Members Chemical Dependency Subcommittee Cortland County Community Services Board 8 12-12 Appoint Members Developmental Disabilities Subcommittee Cortland County Community Services Board 9 60-12 Authorize Expense Account/Amend Budget-Family Counseling Services 36 61-12 Authorize Agreement-Iseman, Cunningham, Reister & Hyde, LLP (Legal Representation for OMIG Audit Process) 36 62-12 Authorized Agreement/Accept Grant Funds-Mental Health Department (Enhanced State Funding) 37 63-12 Authorize Expense Account - JM Murray Center (OASAS) 37 70-12 Accept Funds/Authorize Account-Peer Recovery Center/Catholic Charities (Mental Health) 41 86-12 Amend Terms of 2012 Contract Between Mental Health Department and Accumedic Computer Systems 54 87-12 Authorize Agreement/Renewal of Lease for Mental Health Department Offices At 1-5 Clayton Ave., Cortland, New York 55 112-12 Amend Terms of 2012 Contract Between Mental Health Department and Ability Network, Inc. 74 140-12 Authorize Contract For Family Counseling Services of Cortland County to Implement the New York State Office of Mental Health (NYS OMH) Early Recognition and Screening Grant 96 229-12 Appoint Member Community Services Board-Mental Health Subcommittee 181 230-12 Appoint Member Community Services Board-Chemical Dependency Subcommittee 181 231-12 Appoint Members Cortland County Community Services Board-Mental Health 182 232-12 Accept Funds-Mental Health Department-System of Care Learning Collaborative 183 233-12 Authorize Agreements-Mental Health Department-Home Care for Cortland County, Inc. 183 249-12 Mental Health-Abolish/Create Fiscal Officer, Compliance Officer/Administrative Services Manager, Office Manager 196 250-12 Authorize Agreements-Mental Health Department-Empire Interpreting Service 197 266-12 Authorize Expense Account (Cortland Regional Medical Center) 218 267-12 Authorize Agreements-Mental Health Department 218 295-12 Amend 2012 Budget/Mental Health Evaluations 241 296-12 Appoint Member Community Services Board Developmental Disabilities Subcommittee 243 304-12 Authorize/Renew Agreement/Accept Grant Funds-Mental Health Department 248 305-12 Accept Funds/Amend 2012 Budget Catholic Charities-Mental Health 248 350-12 Authorize Agreements - Mental Health Department - Several Agencies, Departments, Etc. 280 351-12 Authorize Agreement - Mental Health Department - HealtheConnections 280 353-12 Amend 2012 Budget-Mental Health-OCFS 281 393-12 Authorize Agreement Kinney Management Services, LLC, Kchecks Licensing Fee - Health & Mental Health 309 13-12 Appoint Legislative Representatives to the Occupancy Tax Allocation Committee 10 410-12 Amend Budget/Authorize Agreement Occupancy Tax Audit / Bonadio Group - Administrator 324 77-12 Appoint Director - Capital District Regional Off-Track Betting Corporation 48 PERSON 120-12 Authorize Agreement Deferred Compensation Audit 80 217-12 Standard Work Day and Reporting Resolution 171 277-12 Authorize Agreement ProAct Prescription Drug Program-Administration 226 278-12 Awarding Proposal for the Administration of the Cortland County Internal Revenue Code, Section 457 Deferred Compensation Retirement Plan and Authorizing Agreements with Nationwide Retirement Solutions, Nationwide Financial Services Inc. and Nationwide Trust Company in Furtherance Thereof 226 279-12 Transfer Funds Personnel/Civil Service 227 322-12 Amend County Health Insurance Plan Definition of Dependent 260 323-12 Authorize Agreement Between the County of Cortland and the New York State Nurse's Association Effective July 1, 2012 to June 30, 2016 260 360-12 Authorize Agreements-Personnel/Civil Service-Several Agencies 286 MENTAL HEALTH MORTGAGE TAX MOTOR VEHICLE BUREAU OCCUPANCY TAX OFF TRACK BETTING ---PAGE BREAK--- 381-12 Amend Resolution 120-12 Deferred Compensation Audit 300 400-12 Revise Self Insurance Rates-Cortland County - Employees' Health Benefits Program 314 401-12 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2013 315 30-12 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) 18 50-12 Authorize Grant Application and Agreement New York State Department of Transportation-Transportation Needs Assessment Cortland County Planning Department 29 78-12 Appoint Members-Central New York Regional Planning and Development Board 49 92-12 Amend 2012 Budget-New York State Department of Transportation (NYSDOT) Federal Section 5316 Job Access and Reverse Commute (JARC)-Cortland County Planning Department 57 93-12 Amend 2012 Budget New York State Department of Transportation (NYSDOT) Federal Section 5317 - New Freedom (NF) Cortland County Planning Department 58 94-12 Authorize Agreement Cortland County Planning Department Cortland County and Tompkins County Transportation to Cornell 59 115-12 Authorize Agreement Cortland County and First Transit, Inc.-Planning Department 76 116-12 Amend 2012 Budget/Planning Department 5311 New York State Operating Assistance 77 117-12 Amend 2012 Budget NYS DOT Federal Section 5311 - Capital Grant for 2011 and 2012 Fiscal Years-Cortland 78 118-12 Amend 2012 Budget and Establish an Appropriation and Revenue Account New York State Department of 108 151-12 Amend 2012 Budget-Planning Department (5311 STOA Program) 135 172-12 Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for 135 173-12 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2012-2013 - 136 174-12 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2012-2013 - Planning 150 192-12 Appoint/Re-appoint Members Cortland County Planning Board 170 216-12 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract/Amend 2012 Budget New York 185 236-12 Authorize to Seek Proposals for Transit Display Advertising Services For Cortland County Owned Buses 224 275-12 Amend 2012 Budget No Cost Time Extension of Local/Miscellaneous Contract New York State Department of 225 276-12 Accept Grant Application/Authorize Agreement/Amend 2012 Budget NYS DOT Federal Section 5311 Capital 244 297-12 Appoint Member Cortland County Planning Board Danny Ross 244 298-12 Appoint Members to Agricultural and Farmland Protection Board 255 316-12 Authorize Assigning Village of Homer House Numbers - Cortland County Planning Department 256 317-12 Accept payment from Twin Bridges Snowmobile Club Snowmobile Trail Maintenance Fund - Planning 256 318-12 Accept Grant/Authorize Agreements/Amend 2012 Budget New York State Department of Transportation 258 319-12 Accept Grant Application/Authorize Agreement/Amend 2012 Budget Agreement New York State Department of 259 320-12 Authorize Continuing Agreement for Federal Section 5311 Operating Assistance New York State Department of Transportation-Planning Department 285 359-12 Authorize Grant Application, Accept Agreement and Amend Budget-NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2013 and 2014 Fiscal Years-Cortland County Planning Department POLICY 225-12 Adopt Cortland County Purchasing Policy/Amend Procurement Policy-County Administration 175 361-12 Amend County of Cortland County Employment Policy Manual 287 43-12 Authorize Agreement Probation Department (Medlab, Inc.) 25 44-12 Authorized Agreement Amendment Probation Department Electronic Monitoring (BI Incorporated) 26 329-12 Authorize Agreement Amendment - Probation Department - Electronic Monitoring (BI Incorporated) 264 330-12 Authorize Agreement- Probation Department - Medlab, Inc. 265 129-12 Extend Keyboard Specialist-Public Defender 86 221-12 Public Defender Extend Temporary Keyboard Specialist 173 283-12 Abolish/Create-Public Defender-Assistant Public Defender (part-time)/Assistant Public Defender (full time) 234 284-12 Public Defender Keyboard Specialist 234 364-12 Amend Budget/Authorize Agreement NYS Office of Indigent Legal Services - Public Defender 290 365-12 Accept Funds/Authorize Agreement/Amend Budget-Public Defender 291 386-12 Keyboard Specialist - Public Defender 305 25-12 Appoint Members Cortland County Board of Health 15 55-12 Authorize Agreement- Health Department/Hospice (Auditor) 32 56-12 Authorize Agreement-Health Department (Nursing Division)(Contract Services) 33 57-12 Authorize Agreement-Health Department/Environmental Health (Hearing Officer Services) 34 58-12 Authorize Agreement/Accept Funds-Health Department/Administration/Special Programs-Breast and Cervical Cancer Early Detection Program 35 PLANNING PROBATION PUBLIC HEALTH PUBLIC DEFENDER ---PAGE BREAK--- 59-12 Authorize Agreements/Accept Funds-Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) 35 79-12 Authorize Amended Agreement-Health Department/Administration-Cancer Services Program 49 80-12 Authorize Agreement-Health Department/Administration (Joel Lalone Consulting) 50 81-12 Authorize Agreement/Accept Funds-Health Department/Children With Special Needs Program (EIP NYS GRANT) 51 82-12 Amend 2012 Budget/Transfer Funds- Health Department (Patient Expenses) 52 83-12 Authorize Agreement-Health Department/Environmental Health (Engineering Services) 52 84-12 Amend Budget-Health Department/Administration (Community Partnerships for Tobacco Control Program) 53 85-12 Amend Budget-Health Department/Administration (Integrated Cancer Services Program) 54 103-12 Authorize Amendment/Transfer Certificate of Need Cortland County Certified Home Health Agency/HCR-Health Department 68 110-12 Amend 2012 Budget/Transfer Funds-Health Department (Patient Expenses) 73 111-12 Authorize Agreements/Accept Funds-Health Department/Administration (Integrated Cancer Services Program) 74 137-12 Appoint Member-Cortland County Board of Health 94 138-12 Authorize Agreements-Health Department/Children with Special Needs Program (Contract for Services) 94 139-12 Reject Bid/Extend Bid/Authorize Agreement-Health Department/Children With Special Needs (Birth to 5) 95 200-12 Authorize Agreement-Health Department/Children with Special Needs Division (Software - Pre-K) 156 201-12 Authorize Agreements-Health Department/Administration-Private Companies, Schools, Health Facilities, Private Organizations 157 202-12 Authorize Agreement/Accept Funds-Health Department-Tobacco Enforcement Program 158 203-12 Authorize Agreements/Accept Funds Health Department/Environmental Health-Drinking Water Program 158 204-12 Resource Allocation Plan NYS Office of Children and Family Services-Health Department/Youth Bureau 158 246-12 Authorize Payment/Amend Budget-HCR Home Care- Health Department/CHHA 195 248-12 Authorize Agreement/Accept Funds-Health Department/Nursing-Immunization Action Plan Grant 196 263-12 Authorize Agreements/Accept Funds Health Department/Administration Public Health Emergency Preparedness Program 216 264-12 Authorize Agreement City of Syracuse and Onondaga County Health Department-Health Department 216 265-12 Amend 2012 Budget/Transfer Funds-Health Department (Medicare Reimbursement) 217 269-12 Abolish/Create - Health Department - Principal Account Clerk/Senior Medical Services Clerk 219 293-12 Authorize Agreement Cortland County Health Department/Nursing Division Jack Venesky, CPA 240 301-12 Authorize Agreements/Accept Funds Breast & Cervical Cancer Early Detection Program-Health Department/Administration/Special Programs 246 302-12 Authorize Agreement of Referral STAP-Health Department/Administration 247 303-12 Abolish Full-Time Medical Services Clerk-Health Department 247 345-12 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs Program - EIP NYS GRANT 277 346-12 Authorize Agreement/Accept Funds - Health Department/Children with Special Needs - NYS Facilitated Enrollment Program 277 347-12 Authorize Agreement/Accept Funds - Health Department - Lead Poisoning Prevention Grant 278 348-12 Authorize Agreements/Accept Funds - Health Department/Administration/Special Programs - Traffic Safety and Injury Prevention Program 279 349-12 Authorize Memorandum of Understanding-Cortland County Health Department/Jacobus Center for Reproductive 279 389-12 Re-Appoint Member Cortland County Board of Health (Douglas A. Rahner, M.D.) - Health 307 392-12 Authorize Agreement/Accept Funds - Health Department/Jacobus Center 309 393-12 Authorize Agreement Kinney Management Services, LLC, Kchecks Licensing Fee - Health & Mental Health 309 394-12 Authorize Agreement/Accept Funds Traffic Safety and Injury Prevention Program - Health Department 310 395-12 Authorize Agreement/Accept Funds Healthy Places to Live, Work, & Play Grant - Health Department & Admin 310 158-12 Authorize Public Hearing Tompkins Cortland Community College (2012-2013 Operating Budget) 114 74-12 Amend Resolution 361-11 Real Property Tax Service-OCE Scanner/Printer 44 338-12 Authorize Agreement - Real Property Tax Service - Image Mate Online 270 378-12 Correct Tax Warrants, Rolls & Bills - Real Property Tax Services - Town of Cortlandville 298 411-12 Levying Water Charges - Town of Virgil - Real Property Tax Services 324 412-12 Levying Water Charges - Town of Cincinnatus - Real Property Tax Services 325 413-12 Levying Sewer Charges - Town of Cortlandville - Real Property Tax Services 326 414-12 Levying Water Charges - Town of Cortlandville - Real Property Tax Services 328 415-12 Levying Grass and Weed Charges - Town of Cortlandville - Real Property Tax Services 330 416-12 Levying Sewer Charges - Town of Cuyler - Real Property Tax Services 331 417-12 Levying Water Charges - Town of Harford - Real Property Tax Services 331 418-12 Levying Water Charges - Town of Scott - Real Property Tax Services 332 419-12 Levying Sewer Charges - Town of Virgil - Real Property Tax Services 332 420-12 Levy Town General and Highway Taxes - Real Property Tax Services 333 421-12 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain 334 PUBLIC HEARINGS REAL PROPERTY ---PAGE BREAK--- 422-12 Amend 2013 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy - Real Property Tax Services 335 423-12 Levy County Tax - City of Cortland - Real Property Tax Services 336 424-12 Fix Date to Sign Warrants - Real Property Tax Services 336 425-12 Levying Town Special District Taxes - Real Property Tax Services 336 07-12 Adoption of Rules of Order Cortland County Legislature 5 121-12 Amend Rules of Order Create Committee (Pending Committee Approval) 80 153-12 Amend Rules of Order - Cortland County Legislature 109 SAFETY 101-12 Authorize Payment Surplus Sales Tax-Treasurer's Office 63 183-12 Sales Tax Agreement / City of Cortland 142 186-12 Resolution In Support Of Senate Bill No. S5629-B And Assembly Bill No. A6575 - An Act To Amend The Tax Law Authorizing Certain Counties, Cities And School Districts To Impose Up To A Four Percent Rate Of Sales And Compensating Use Taxes 147 193-12 Amending Resolution No. 183-12 Sales Tax Agreement / City Of Cortland 151 373-12 Extending Sales Tax Agreement/City of Cortland 295 426-12 Resolution of the Legislature of the County of Cortland, Amending Its Sales And Use Tax Resolution to Reflect the Extension of the Sales Tax Distribution Agreement Between Cortland County and the City of Cortland, Pursuant to Article 29 of the Tax Laws of the State of New York - Administration 337 SHERIFF 67-12 Amend 2012 Budget/Transfer Funds-Sheriff's Department/Jail (Clothing & Uniforms) 39 68-12 Amend 2012 Budget/Transfer Funds-Sheriff's Department/Road Patrol (Clothing & Uniforms) 40 126-12 Accept Funds/Amend Budget Protective Equipment (Town of Cortlandville)-County Sheriff 83 128-12 Authorize Agreement-Sheriff's Department/Jail (K & A Radiologic Technology Services, Inc.) 85 178-12 RESCIND Resolution No. 126-12 Accept Funds/Amend Budget Protective Equipment (Town of Cortlandville) 137 240-12 Authorize Agreement-Sheriff's Department / 911 Center- AAT Communications Systems Corporation 187 285-12 Authorize Agreement-Sheriff's Department/Jail-Black Creek Integrated Systems Corporation 235 286-12 Authorize Agreement-Sheriff's Department-Porter Lee Corporation 235 331-12 Accept Grant/Amend Budget Homeland Security Grant Program - Sheriff's Department 265 172-12 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 135 173-12 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2012-2013 - Planning Department 135 174-12 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2012-2013 - Planning Department 136 317-12 Accept payment from Twin Bridges Snowmobile Club Snowmobile Trail Maintenance Fund - Planning Department 54-12 Amend Budget Department of Social Services – Community Solutions for Transportation (CST) 32 96-12 Authorize Agreement Department of Social Services (Office of Temporary and Disability Assistance) 60 97-12 Re-Appoint Commissioner of Social Services Department of Social Services 61 141-12 Authorize Agreement-Department of Social Services (Office of Children and Family Services) 97 142-12 Authorize Agreement-Department of Social Services (DNA Diagnostic Center) 97 161-12 Amend Budget-Department of Social Services (YWCA) 116 205-12 Authorize Agreement-Department of Social Services (Cortland County Area Agency on Aging) 162 206-12 Authorize Agreement-Department of Social Services (Cornell Cooperative Extension) 162 251-12 Authorize Agreement - Department of Social Services (Cortland County Employment and Training Department) 197 268-12 Authorize Agreement-Department of Social Services (LexisNexis Risk Solutions FL, Inc.) 218 270-12 Amend Budget - Department of Social Services 219 306-12 Amend Budget Daycare-Department of Social Services 249 307-12 Amend Budget Medical Assistance-Department of Social Services 249 308-12 Amend Budget-Department of Social Services-(Services for Recipients) 249 309-12 Authorize Agreements-Department of Social Services (Day Care Services) 250 310-12 Authorize Agreements-Department of Social Services (Foster Care) 250 311-12 Authorize Agreements-Department of Social Services (Several Agencies, Departments, Etc.) 251 RECYCLING (see SOLID WASTE MANAGEMENT) RULES OF ORDER SALES TAX SNOWMOBILE MAINTENANCE & DEVELOPMENT SOCIAL SERVICES ---PAGE BREAK--- 312-12 Authorize Agreements-Department of Social Services (Work Experience Work Sites) 251 352-12 Authorize Agreement - Department of Social Services - Franciscan Companies 281 14-12 Appoint Members Soil and Water Conservation Board 11 37-12 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) 22 88-12 Amend Budget/Transfer Funds-Highway Department/Recycling 55 170-12 Award Household Hazardous Waste Contract-Highway Department/Landfill 123 234-12 Award Highway Bid-Metal Object Removal-Highway Department/Recycling 183 245-12 Amend Resolution/Contract Barton & Loguidice - Highway Department/Landfill 193 253-12 SEQR DETERMINATION-PROPOSED LOCAL SOLID WASTE LAW (LOCAL LAW NO. 5 OF 2012)-HIGHWAY DEPARTMENT 198 254-12 ADOPT PROPOSED LOCAL LAW NO. 4 FOR THE YEAR 2012 199 255-12 Authorize Exemption From Tipping Fees River Clean-Up-Cortland County Highway Department Division of Solid Waste 209 273-12 Reject Bids for the Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials-Recycling Center/Highway Department 222 315-12 Award Contract - Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials-Recycling Center/Highway Department 254 356-12 Authorize Agreement/Environmental Monitoring - Highway Department/Landfill 283 357-12 Award Solid Waste Bid Alternative Landfill Cover Broker - Solid Waste 283 358-12 Household Hazardous Waste Application - Highway Department/Landfill 284 397-12 Engineering Services Term Agreement - Highway Department and Solid Waste 312 399-12 Authorize Agreement/Leachate Testing - Highway Department and Landfill 313 23-12 Appoint Members TC-3 Financial Oversight Committee 15 24-12 Appoint Cortland County Liaison TC-3 Board of Trustees 15 64-12 Authorize Payment-Tompkins Cortland Community College (Operating Budget 2011-2012) 38 158-12 Authorize Public Hearing Tompkins Cortland Community College (2012-2013 Operating Budget) 114 184-12 Approval Of The Appropriation Of Surplus Funds Tompkins Cortland Community College 146 185-12 Adopt 2012-2013 Operating Budget Tompkins Cortland Community College 146 195-12 Appoint Member Tompkins Cortland Community College Board of Trustees (Matthew McSherry) 153 228-12 Endorsing Tompkins Cortland Community College Campus Master Plan And Approving Expansion And Renovation Of Tompkins Cortland Community College Facilities Subject To State Approval And Funding 180 101-12 Authorize Payment Surplus Sales Tax-Treasurer's Office 63 130-12 Amend 2011 Budget/Budget Transfers for Negative Balances-County Administrator/County Treasurer 86 159-12 Authorize Apportionment of Mortgage Tax Monies-Treasurer's Office 115 259-12 Authorize Purchase Agreement County Tax Collection System-County Treasurers' Office 212 335-12 Transfer Funds - Treasurers Office - Cortland Abstract 268 336-12 Authorize Payment to Fiscal Advisors - Treasurers Office 269 340-12 Authorize Apportionment of Mortgage Tax Monies-Treasurer's Office 271 382-12 Transfer Funds/Computer Software - Treasurers Office 300 383-12 Authorize Auctioneer for Sale of County Properties - County Treasurer 301 05-12 Appoint Veterans’ Service Officer 3 222-12 Create Temporary Director of Weights & Measures - Weights & Measures 174 214-12 Authorize Engagement of Patrick M. Snyder, Attorney at Law Legal Services - Wind Project 168 215-12 Resolution Issuing a Positive Declaration Under New York State Environmental Quality Review (SEQR) Act For the Crown City Wind Farm Cortland County 169 342-12 Resolution Making a Declaration of Adequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm 275 377-12 Authorize Agreement Workers' Compensation/Self Insurance Program 298 11-12 Appoint/Re-Appoint Members Cortland County Youth Bureau 9 WIND PROJECT WORKERS COMPENSATION SOIL AND WATER CONSERVATION SOLID WASTE MANAGEMENT YOUTH BUREAU TOMPKINS CORTLAND COMMUNITY COLLEGE TREASURER VETERANS SERVICE WEIGHTS AND MEASURES ---PAGE BREAK--- 105-12 Appoint Members-Cortland County Youth Board 71 204-12 Resource Allocation Plan NYS Office of Children and Family Services-Health Department/Youth Bureau 158 207-12 Appoint Members Cortland County Youth Board 162 ---PAGE BREAK--- Cortland County Legislature January 4, 2012 – 10 AM Biennial Organizational Meeting Minutes Order of Business Mr. Boylan opened the meeting at approximately 10:02 a.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present. Receive & File Mr. Troy made a motion to Receive & File Recommendations for Appointment (Clerk of the Legislature, County Attorney, County Auditor and Veteran’s Service Officer); Designation of Majority Leader; Designation of Minority Leader; and the County Administrator’s Policy Impact Report. Seconded by Ms. Price. All members voting in favor; none opposed. Mr. Murphy explained that this report is a compilation of all programs and services offered by the County, including mandated and non-mandated costs. New Business The Clerk asked for nominations for Chair of the Legislature, and recognized Mr. Ross. Mr. Ross nominated Mike Park for Chairman. Seconded by Mr. Willcox. The Clerk recognized Mr. Spaulding. Mr. Spaulding nominated Sandy Price for Chair. Seconded by Mr. Bushnell. The Clerk read the roll call vote for Mr. Park as Chair of the Legislature. Legislators Arnold, Boyden, Briggs, Cobb, Cornell, Fuller, Natoli, Pace, Park, Parker, Price, Ross, Troy, Wheelock, Whitney and Willcox voting in favor. Legislators Bushnell, Hartnett and Spaulding were opposed. The motion was approved with a weighted vote of 41,539. County Clerk Elizabeth Larkin gave Mr. Park the Oath of Office and he took his seat at the dais. The motion became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 1-12 Selecting Chairman of the County Legislature and Setting Official Undertaking WHEREAS, the Rules of the prior Legislature allows for the Organizational Meeting of the succeeding Legislature to be held on or before January 15 for the purposes of organization and selecting a Chairman of the County Legislature, AND WHEREAS, County Law, Section 450 requires the Chairman of the County Legislature to file an official undertaking in such an amount as may be required by the County Legislature, AND 1 ---PAGE BREAK--- WHEREAS, Cortland County presently has a policy covering employees for wrongful acts, NOW THERFORE BE IT RESOLVED, that Michael R. Park (LD-11) be and hereby is selected as Chairman of the County Legislature to serve during the term of this Board, AND BE IT FURTHER RESOLVED, that the amount of the Chairman’s undertaking be zero. Ms. Price made a motion to appoint Jeremy Boylan as Clerk of the Legislature. Seconded by Mr. Willcox. The clerk read a roll call vote, with all members voting in favor. The motion was approved with a weighted vote of 48,599, and the motion became: ON THE MOTION OF MS. PRICE RESOLUTION NO. 2-12 Appoint Clerk of the County Legislature WHEREAS, §475 of County Law, states the legislature shall appoint a clerk who shall serve during the pleasure of the board and until a successor is appointed and has qualified, AND WHEREAS, the Cortland County Legislature’s Rules of Order call for a Citizen’s Advisory Committee to review applications and interview candidates to make a recommendation to this legislature, and said committee has recommended the re-appointment of Jeremy Boylan, AND WHEREAS, §57.07 of Arts and Cultural Affairs Law provides for the appointment of a County Historian, AND WHEREAS, the Cortland County Legislature’s Rules of Order state that the said Clerk of the Legislature shall also serve as County Historian, NOW THEREFORE IT BE RESOLVED, that Jeremy Boylan be and hereby is appointed Clerk of the County Legislature of Cortland County to serve during the pleasure of this Board and until a successor is appointed and has qualified and shall be compensated in accordance with the Management/Management Confidential Compensation Employment Policy. County Clerk Elizabeth Larkin gave Mr. Boylan the Oath of Office and he took his seat at the dais. Mr. Cornell made a motion to appoint Edward Purser as County Attorney. Seconded by Ms. Price. The clerk read a roll call vote, with all members voting in favor. The motion passed with a weighted vote of 48,599, and the motion became: ON THE MOTION OF MR. CORNELL RESOLUTION NO. 3-12 Appoint County Attorney WHEREAS, County Law, Section 500 requires the appointment of a County Attorney, AND WHEREAS, the Cortland County Legislature’s Rules of Order call for a Citizen’s Advisory Committee to review applications and interview candidates to make a recommendation to this legislature, said committee recommends the re-appointment of Edward Purser, NOW THEREFORE BE IT 2 ---PAGE BREAK--- RESOLVED, that Edward Purser be and hereby is appointed County Attorney to serve during the tenure of this Board and be compensated in accordance with the Management/Management Confidential Compensation Employment Policy, AND BE IT FURTHER RESOLVED, that the County Attorney shall be the legal advisor to the Cortland County Legislature and every officer whose compensation is paid from County funds, in all matters involving an official act of a civil nature. The County Attorney shall prosecute and defend all civil actions and proceedings brought by or against the County, the Cortland County Legislature, and any official act, except as provided by County Law, AND BE IT FURTHER RESOLVED, that all expenses and disbursements incurred by the County Attorney in the performance of any of the above duties shall be paid by the County, subject to audit. County Clerk Larkin gave the Oath of Office to Mr. Purser, and he returned to the dais. Ms. Price made a motion to appoint Jane Sharpe as County Auditor. Seconded by Mr. Parker. The clerk read a roll call vote, with all members voting in favor; none opposed. The motion was approved with a weighted vote of 48,599. The motion became: ON THE MOTION OF MS. PRICE RESOLUTION NO. 4-12 Appoint County Auditor WHEREAS, the Cortland County Legislature, pursuant to County Law 369, has the responsibility to audit all claims, accounts or demands against the County prior to payment, AND WHEREAS, the Cortland County Legislature has created an Audit Department pursuant to Section 600 of County Law, AND WHEREAS, the Cortland County Legislature’s Rules of Order call for a Citizen’s Advisory Committee to review applications and interview candidates to make a recommendation to this legislature, and said committee recommends the re-appointment of Jane Sharpe, NOW THEREFORE BE IT RESOLVED, that Jane Sharpe be and hereby is appointed as County Auditor for the tenure of this Board consistent with Section 600 of County Law and Section 5 of Public Officers Law and shall be compensated in accordance with the Cortland County Management/Management Confidential Compensation Employment Policy. The County Clerk gave the Oath of Office to Ms. Sharpe. Mr. Troy made a motion to appoint Carl Bullock as Veterans’ Service Officer. Seconded by Ms. Price. The clerk read a roll call vote. All members voting in favor; none opposed. The motion became: ON THE MOTION OF MR. TROY RESOLUTION NO. 5-12 Appoint Veterans’ Service Officer 3 ---PAGE BREAK--- WHEREAS, Section 357 of Executive Law provides for the appointment by the Chairman, with the approval of the County Legislature, of a Director of Veterans’ Services, AND WHEREAS, the Cortland County Legislature’s Rules of Order call for a Citizen’s Advisory Committee to review applications and interview candidates to make a recommendation to this legislature, and said committee recommends the re-appointment of Carl Bullock, NOW THEREFORE BE IT RESOLVED, that Carl Bullock be and hereby is appointed as County Director of Veterans Services to serve for the tenure of this board, AND BE IT FURTHER RESOLVED, that compensation for the position shall be in accordance with the Management/Management Confidential Compensation Employment Policy. The County Clerk gave the Oath of Office to Mr. Bullock Mr. Fuller made a motion to move a resolution to the floor to appoint a public defender. Seconded by Mr. Willcox. All members voting in favor; none opposed. Chairman Park called for an executive session. Mr. Cornell made a motion to go into executive session, allowing Mr. Murphy, Personnel Director Annette Barber and Mr. Purser to remain. Seconded by Ms. Briggs. The motion was approved with all members voting in favor, except Mr. Willcox who was oppose. The Legislature held an executive session Following the Executive Session, Mr. Fuller pulled his motion from the table to appoint a public defender. Mr. Park appointed an advisory committee to recommend a candidate for Public Defender. He said the make up will be the same as that of the previous Citizen’s Advisory Committee (Legislators Willcox, Hartnett, Natoli, Cornell, Troy, Spaulding and the County Administrator). Ms. Price made a motion to designate the Cortland Standard as the official newspaper. Seconded by Mr. Troy. All members voting in favor; none opposed. The motion became: ON THE MOTION OF MS. PRICE RESOLUTION NO. 6-12 Designate Official Newspaper WHEREAS, Section 214 of County Law requires the Legislature to select an official newspaper, NOW THEREFORE BE IT RESOLVED, that the Cortland Standard, published by the Cortland Standard Newspaper, 110 Main Street, Cortland, New York 13045, be and hereby is designated as the official newspaper fairly representing the Cortland County Legislature, for the period of January 1, 2012 through December 31, 2013, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature in conformance with County Law 214 shall cause such designation in writing and signed by a majority of the members representing each of said political parties. The Clerk shall forward this designation to be filed with the Secretary of State no later than January 10, 2012. 4 ---PAGE BREAK--- Mr. Cornell made a motion to adopt the Cortland County Legislature’s Rules of Order. Seconded by Ms. Briggs. All members voting in favor; none opposed. The motion was approved (see attached) and became: ON THE MOTION OF MR. CORNELL RESOLUTION NO. 7-12 Adoption of Rules of Order Cortland County Legislature WHEREAS, Local Law No. 2 for year 1972, Section 202, para.5 established that the Cortland County Legislature is empowered to enact rules governing the conduct of the members at its sessions and the manner of transacting business thereat, AND WHEREAS, County Law Section 153[8] empowers the County Legislature to determine the rules of its own proceedings, NOW THEREFORE BE IT RESOLVED, that the attached Exhibit entitled "Rules of Order for the Cortland County Legislature" are hereby adopted, AND BE IT FURTHER RESOLVED, that all resolutions, which amend, repeal or in any manner affect these rules shall include proper reference to section, subsection or paragraph to maintain an orderly codification of these rules, AND BE IT FURTHER RESOLVED, that the rules shall be published in the annual journal of proceeding, in a booklet form for distribution to legislators and the public, and in electronic form on the County web pages, AND, BE IT FURTHER RESOLVED, that this resolution shall take effect January 1, 2012. Adjournment Mr. Fuller made a motion to adjourn the meeting. Seconded by Mr. Bushnell. The meeting was adjourned. Cortland County Legislature January 26, 2012 6:00 P.M. Minutes Public Hearing 5 ---PAGE BREAK--- The Clerk read the legal notice for Proposed Local Law No. 1 of 2012 - A Local Law Setting The Salary Of Cortland County Election Commissioners. Chairman Park asked if there was anyone who wished to speak. Seeing none, he closed the public hearing. . The Clerk read the legal notice for Proposed Local Law No. 2 of 2012 - A Local Law To Increase The Salary Of County Officers Elected Or Appointed For A Fixed Term During The Term Of Office. Chairman Park asked if there was anyone who wished to speak. Seeing none, he closed the public hearing. Order of Business Following a public hearings Chairman Park opened the meeting at approximately 6:07 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 December 22, 2011 and January 4, 2012. Seconded by Ms. Briggs. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Chairman Park advised that Privilege of the Floor shall have a three minute limit. He the Chairman is charged with keeping order of the proceedings, and if anyone is disruptive they will be asked to leave. Mr. Ron Rocco spoke in opposition to the appointment of Mr. Ross on any committees, boards or advisory groups. He said he is glad the County has implemented an Airport Advisory Board, but is opposed. to the taking of any property through eminent domain. He also spoke in opposition to the re- appointment of Mr. Murphy as the County Administrator, saying a pay increase is unwarranted and that details of the contract should have been made available to the public. Chief Bill Lazore of the Onondaga Nation spoke in opposition to the creation of a Solid Waste Advisory Board, saying that operations should continue as they are, and the people of the community have voiced their opposition to change. Ms. Lee Miller stated that the Visitor’s Bureau is an important advocate for tourism in the County, but she is opposed to funding its resources through an Occupancy Tax, saying that is a counter-productive practice. She also spoke in opposition to a pay increase for Mr. Murphy. New Business Mr. Troy made a motion to suspend the Rules of Order to consider Agenda Item’s 65-70, which were not on the original agenda. Seconded by Mr. Willcox. All members voting in favor; none opposed. Mr. Troy made a motion to consider Agenda Items 65-70 as a Consent Agenda. Seconded by Ms. Price. All members voting in favor; none opposed. The motion was approved. Mr. Troy made a motion to approve the consent agenda. Seconded by Mr. Willcox. All members voting in favor; none opposed. Agenda Items 65-70 became: ON MOTION OF MR. PARK RESOLUTION NO. 8-12 Appoint Members Community Services Board Mental Health 6 ---PAGE BREAK--- 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, the terms of appointment have expired for the following members of the Community Services Board: Tim Pefetti, Polly Cator MD, Mary McGory, Kimberly McRae Friedman, Tony Pace and Jennifer Gofkowski, AND WHEREAS, there are two vacancies due to resignation of Barb Ryan and Sally Kamerling whose terms were set to expire 12/31/13, NOW THEREFORE BE IT RESOLVED, that the following appointments be made: NAME/ADDRESS TERM Aaron T. Baier 1/26/12 – 12/31/15 15 Lincoln Ave. Cortland, NY 13045 Martha Bush 1/26/12 – 12/31/13 (Barb Ryan Term) 16 Hannum Ave. Homer, NY 13077 Tony Pace 1/26/12 – 12/31/13 (Legislative Rep) 95 E. Court Street Cortland, NY 13045 Sandy Price 1/26/12 – 12/31/13 (Legislative Rep.) 1189 Church Street Cortland, NY 13045 John Troy 1/26/12 – 12/31/13 (Kammerling term) 29 Summit St. Cortland, NY 13045 Polly Cator MD 1/26/12 – 12/31/15 PO Box 4596 Ithaca, NY 14852 Mary McGory 1/26/12 – 12/31/15 17 Hamlin St. Cortland, NY 13045 Kimberly McRae Friedman 1/26/12 – 12/31/15 2151 Ames Road Cortland, NY 13045 ON MOTION OF MR. PARK RESOLUTION NO. 9-12 Appoint Members 7 ---PAGE BREAK--- Mental Health Subcommittee Cortland County Community Services Board WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as nine members, AND WHEREAS, the Cortland County Community Services Board Subcommittee members are appointed through the Cortland County Legislature, AND WHEREAS, terms of service are assigned to Board members, AND WHEREAS, the terms of Jim Seamon and Tony Pace have expired and Barbar Ryan and Chris Gregory have resigned, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM Jackie Carlton 1/23/12 – 12/31/13 (Barbara Ryan term) Seven Valley Health Coalition Cortland, NY Jennifer O’Callahan 1/26/12 – 12/31/15 (Seamons expired term) Homer High School Homer, NY Sandy Price 1/26/12 – 12/31/13 (Legislator Rep) 1189 Church Street Cortland, New York Marie Walsh 1/26/10 – 12/31/13 (Christine Gregory term) Catholic Charities Cortland, NY ON MOTION OF MR. PARK RESOLUTION NO. 10-12 Appoint Members Chemical Dependency Subcommittee Cortland County Community Services Board WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as nine members, AND WHEREAS, the Cortland County Community Services Board Subcommittee members are appointed through the Cortland County Legislature, AND WHEREAS, terms of service are assigned to Board members, AND WHEREAS, the terms of JoAnn Wickman, Mary Clare Pennello and Tony Pace have expired and Mary McGory and Emannual Lann have resigned, NOW THEREFORE BE IT 8 ---PAGE BREAK--- RESOLVED, that the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM Aaron T. Baier 1/26/12 – 12/31/13 (McGory term) 25 Lincoln Ave. Cortland, New York Chris Driscoll 1/26/12 – 12/31/15 (Wickman expired term) CCSI, DSS Cortland, NY Mike Pisa 1/26/12 – 12/31/15 (Pennello expired term) 2279 Carson Road Cortland, New York John Troy 1/26/12 – 12/31/13 (Legislative Rep) 29 Summit Street Cortland, NY Lisa Hoeschele 1/26/12 – 12/31/13 (Lann term) Family Counseling Services Cortland, NY 13045 ON MOTION OF MR. PARK RESOLUTION NO. 11-12 Appoint/Re-Appoint Members Cortland County Youth Board WHEREAS, The members of the Cortland County Youth Board are appointed by the Cortland County Legislature, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby are appointed/re-appointed to the Cortland County Youth Board, to serve without compensation for the following term:. NAME/REPRESENTING ADDRESS TERM John Troy 29 Summit St 1/1/12 – 12/31/13 Legislative Representation Cortland, NY 13045 Tony Pace 93 East Court St 1/1/12 – 12/31/13 Legislative Representation Cortland, NY 13045 Regina Ferro 8 Cedar Street 1/1/12- 12/31/14 Citizen Representative Cortland, New York ON MOTION OF MR. PARK RESOLUTION NO. 12-12 Appoint Members 9 ---PAGE BREAK--- Developmental Disabilities Subcommittee Cortland County Community Services Board WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as nine members, AND WHEREAS, the Cortland County Community Services Board Subcommittee members are appointed through the Cortland County Legislature, AND WHEREAS, terms of service are assigned to Board members, AND WHEREAS, the terms of Tony Pace and Kay Wood have expired, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM Tony Pace 1/26/12 – 12/31/13 (Legislative Rep) 25 Lincoln Ave. Cortland, New York Kay Wood 1/26/12 – 12/31/15 (re-appointment) 21 S. Williams St. Homer, NY ON MOTION OF MR. PARK RESOLUTION NO. 13-12 Appoint Legislative Representatives to the Occupancy Tax Allocation Committee WHEREAS, the Cortland County Occupancy Tax Allocation Committee presently is comprised of the Director of the Cortland County Convention and Visitors Bureau, three members from the Tourism Board and three members from the Cortland County Chamber of Commerce Board, AND WHEREAS, it is desired to add two Legislators representing each political party to the committee to determine recommendations/allocations of Occupancy Tax Monies, NOW THEREFORE BE IT RESOLVED, that Susan Briggs and John Troy be and hereby are appointed so serve on the Cortland County Occupancy Tax Allocation Committee for a term to expire Dec. 31, 2013. Ms. Price made a motion to consider Agenda Items 1-20 as a Consent Agenda. Seconded by Ms. Briggs. All members voting in favor; none opposed. The motion was approved. Mr. Fuller pulled Agenda Item No. 18 from consideration, and thusly, from the consent agenda. Mr. Parker noted a correction on the address on No. 16. Mr. Troy made a motion to approve the consent agenda. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Items No. 1-17, 19, and 20 became: 10 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 14-12 Appoint Members Soil and Water Conservation Board WHEREAS, Resolution 95-10 appointed Eugene Wright, Grange Representative for a term to expire December 31, 2011, AND WHEREAS, the terms of Legislative Members have expired on December 31, 2011, NOW THEREFORE BE IT RESOLVED, that Eugene Wright is hereby reappointed to serve on the Soil & Water Board for a term to expire on December 31, 2013 as provided by NYS Soil and Water Conservation District Law, AND BE IT FURTHER RESOLVED, that Legislators Donnell Boyden and Ray Parker be appointed for their tenure in office to expire on December 31, 2013. ON MOTION OF MR. PARK RESOLUTION NO. 15-12 Appoint Members Records Management Advisory Board WHEREAS, a Records Management Program was established by the Cortland County Legislature through the adoption of Resolution No. 89-217, AND WHEREAS, a Records Management Advisory Board was established by the Cortland County Legislature through the adoption of Resolution No. 153-97 NOW THEREFORE BE IT RESOLVED, that the following be and hereby are appointed to the Records Management Advisory Board for a term ending December 31, 2013: . Michael Park, Chairman of the Legislature John Natoli, Legislator Gordon Wheelock, Legislator Monroe, County Treasurer Ed Purser, County Attorney Elizabeth Larkin, County Clerk/Records Management Officer/Chairperson Jeremy Boylan, County Historian Cheryl Massman, City of Cortland Lori Compton, City of Cortland Mary Ann Kane, City of Cortland Anita Jebbett, Town of Homer Kim Reakes, Town of Truxton Karen Snyder, Town of Cortlandville Martin Sweeney, Town of Homer Historian Cathy Barber, Town of Scott Historian ON MOTION OF MR. PARK RESOLUTION NO. 16-12 11 ---PAGE BREAK--- Appoint/Re-Appoint Members Fire Advisory Board WHEREAS, pursuant to a resolution dated December 18, 1950, establishing a Cortland County Fire Advisory Board under the provisions of Article 10, Section 209-K of the General Municipal Law, AND WHEREAS, Article 3, Section 4 of the Cortland County Fire Advisory Board By-Laws states that the term of each member be one year, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby are appointed to the Cortland County Fire Advisory Board, to serve without compensation for a term beginning January 1, 2012 and expiring December 31, 2012: NAME DEPARTMENT ADDRESS Shawn Scoville Cincinnatus 5756 Telephone Rd. Cincinnatus, NY 13043 Richard Allen Cortland 35 Garfield Street, Cortland, NY 13045 Erik Verfuss Cortland 7 Arthur Ave, Cortland, NY 13045 Charles Glover Cortland 16 Dawn Drive, Cortland, NY 13045 Michael Biviano Cortlandville 3900 Highland Road, Cortland, NY 13045 Jared Gebel Cortlandville PO Box 5331, Cortland, NY 13045 Kelvin Corbin Cuyler 4976 Lincklaen Road, Cuyler, NY 13158 Michael Price Harford 59 Route 200, Harford Mills, NY 13158 Mahlon Irish, Jr. Homer 32 Center Street, Homer, NY 13077 Michael Niehus Homer 2 Brentwood Drive, Homer, NY 13077 Terrance Holmes Homer 6198 Sunnyside Drive, Homer, NY 13077 Dustin Contri Marathon 1306 Conrad Road, Marathon, NY 13803 Norm Forrest Marathon 544 Jennings Creek Road, Marathon, NY 13803 Thomas Heller McGraw 28 West Center Street, McGraw, NY 13101 Lawrence Petrie McGraw 3626 Route 11, McGraw, NY 13101 Michael Compton Preble 6929 Otisco Valley Road, Preble 13141 Bruce Potter Truxton 5775 Cheningo Road, Truxton, NY 13158 Daniel Selver Virgil 245 Kohn Road, Dryden, NY 13053 Murray Kinney Virgil West State Road, Cortland, NY 13045 Ted Kemak, Jr. Willet 204 Route 26, Willet, NY 13863 Richard Bushnell Legislator JPS Legislator ON MOTION OF MR. PARK RESOLUTION NO. 17-12 Re-Appoint Members Empire Zone Administrative Board WHEREAS, the appointment terms of the Empire Zone Administrative have expired, NOW THEREFORE BE IT RESOLVED, that the following individuals be and hereby are re- appointed to the Empire Zone Administrative Board for a two year term to expire 12/31/13 or until replaced by Resolution of the Cortland County Legislature: 12 ---PAGE BREAK--- Danny Ross (Chairman Representative) 60 Central Avenue Cortland, New York 13045 Thomas O'Donnell (Business) Harrington Bros. 14 Central Avenue Cortland, New York 13045 Paula Currie (Community Organization) Walden Place Bennie Road Cortland, New York 13045 John O. Reagan (Financial) CPA 16 Church Street Cortland, New York 13045 Mark Prus (Labor) 3 Stanford Drive Homer, New York 13077 Ann Homer (Zone) PO Box 106 Cortland, New York 13045 Thomas Brown (Education) 6 Hamlin Street Cortland, New York 13045 ON MOTION OF MR. PARK RESOLUTION NO. 18-12 Appoint Members Criminal Justice Advisory Board WHEREAS, there are four vacancies on the Criminal Justice Advisory Board to be filled by individuals serving as public officers, NOW THEREFORE BE IT RESOLVED, that the following are hereby named to the Cortland County Criminal Justice Advisory Board for a two-year term, or until their term as a public officer which dictates their membership expires, whichever is longer: Kevin Whitney - Chairman Judiciary & Public Safety Committee Michael Park – Chairman of the Cortland County Legislature Lisa Cutia – Director of Probation Mike Catalano – City Chief of Police Lori Pallone – BOCES/Jail Transition Coordinator ON MOTION OF MR. PARK RESOLUTION NO. 19-12 Appoint Members Cooperative Extension Board of Directors WHEREAS, there are two vacancies on the Cooperative Extension Board of Directors, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby are appointed to the Cooperative Extension Board of Directors for a two year term ending December 31, 2013. Donal Spaulding 33 Charles Street, Cortland, New York 13045 David Fuller, 3590 Taylor Valley Road, Cincinnatus, NY 13040 13 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 20-12 Appoint Members Cortland County Emergency Medical Services Advisory Board WHEREAS, Resolution 196-04 created the Cortland County Emergency Medical Services Board with appointments to said Board to be completed by the Chairman of the Cortland County Legislature in accordance with their By-Laws, AND WHEREAS, Article IV of the By Laws establishes the terms and conditions of said appointments, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby appointed to the Cortland County Emergency Medical Services Advisory Board for a two year term to expire on December 31, 2013 Donna Catlin Cincinnatus Emergency Squad Clayton Bronson Dryden Ambulance S. Lee Price Cortland Fire Department Josh Aumick Cortlandville Fire Department Jackie VanDee Cuyler Fire Department Matt Green Cortland State Emergency Squad Paul Pelletier Harford Fire Department Michael Keegan Homer Fire Department John Tillotson Marathon Fire Department Jordan Lilley MAVAC Edward Greenman McGraw Fire Department Renee Compton Preble Fire Department Kaltenbach Truxton Fire Department Adam Brown Virgil Fire Department Arthur Nash Smith Ambulance Richard Deiss Willet Rescue David Butler TLC EMS Inc. Richard Roberts Cincinnatus fire Department Jerome Morrison Cortland Regional Medical Center Douglas Van Etten Cortland County Deputy Fire/EMS Coordinator ON MOTION OF MR. PARK RESOLUTION NO. 21-12 Appoint Member CNY Regional Market Authority WHEREAS, Section 827 of the Public Authority Law of the State of New York provides that each County Legislature of the Central New York Regional Market District shall name directors to the Central New York Regional Market Authority, AND WHEREAS, the term of appointment of Danny Ross has expired, NOW THEREFORE BE IT RESOLVED, that Danny Ross be reappointed to represent Cortland County on said Board, effective immediately for a term to expire December 31, 2013. 14 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 22-12 Re-Appoint Member Open Space Commission-NYSDEC WHEREAS, the appointment of Danny Ross to the Open Space Committee of the New York State Department of Environmental Conservation, Region 7 has expired, NOW THEREFORE BE IT RESOLVED, that Danny Ross be re-appointed to the Open Space Committee of the New York State Department of Environmental Conservation Region 7, to a term expiring December 31, 2013. ON MOTION OF MR. PARK RESOLUTION NO. 23-12 Appoint Members TC-3 Financial Oversight Committee WHEREAS, there are two vacancies on the TC-3 Financial Oversight Committee with terms that expired on December 31, 2011, AND WHEREAS, Mr. Ross has agreed to continue on said Committee, NOW THEREFORE BE IT RESOLVED, that Anthony Pace and Danny Ross be appointed to the TC-3 Financial Oversight Committee for a term ending on December 31, 2013. ON MOTION OF MR. PARK RESOLUTION NO. 24-12 Appoint Cortland County Liaison TC-3 Board of Trustees WHEREAS, a vacancy exists for the position of Liaison to the TC3 Board of Trustees, AND WHEREAS, Anthony Pace has agreed to serve in that role, NOW THEREFORE BE IT RESOLVED, that Anthony Pace, 93 E. Court Street, Cortland, NY 13045 be and hereby appointed as Cortland County’s Liaison to the TC3 Board of Trustees for a term to expire December 31, 2013. ON MOTION OF MR. PARK RESOLUTION NO. 25-12 Appoint Members Cortland County Board of Health WHEREAS, the term of Cindy Johnson, M.D., on the Cortland County Board of Health expired December 31, 2011, AND 15 ---PAGE BREAK--- WHEREAS, there is a vacancy on the Cortland County Board of Health to be filled with the current Chairman of the Health Committee, NOW THEREFORE BE IT RESOLVED, that John Troy, 29 Summit Street, Cortland, New York 13045, be and hereby is appointed to the Cortland County Board of Health for a two year term beginning January 1, 2012 and ending December 31, 2013, AND BE IT FURTHER RESOLVED, that Cindy Johnson, M.D., residing at 2094 Kypriotis Drive, Cortland, New York, be and hereby is re-appointed to the Cortland County Board of Health for a six year term to expire December 31, 2017. ON MOTION OF MR. PARK RESOLUTION NO. 26-12 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 Ann Kubarek Auburn, NY WIA Title I Adult, 1/1/12 – 6/30/13 D/W, TAA ON MOTION OF MR. PARK RESOLUTION NO. 27-12 Appoint Members Communications Advisory Board WHEREAS, Resolution No. 28-05 created a Communication Advisory Board to facilitate emergency communications, develop a structured plan and determine long term needs within Cortland County, NOW THEREFORE BE IT RESOLVED, that effective immediately the following people be appointed to such Board to meet and report directly to the Judiciary and Public Safety Committee: Mike Park, Chairman of the Legislature Kevin Whitney, Chairman, Judiciary & Public Safety Committee Robert Corpora, Information Technology Jack Hess, Information Technology Donald Chambers, Highway Department MJ Uttech, Health Department 16 ---PAGE BREAK--- Lee Price, Sheriff Department Herbert Barnhart, Sheriff Department Frank “Mike” Catalano, City Police Department Lieutenant Daniel Hodack, NYS Police David Tanner, 911 Dispatch Nick Wagner, 911 Dispatch Paul VanValkenburg, SUNY Campus Police Paul Sandy, City Police Wayne Friedman, EMS Board John Tillotson, EMS Board Dustin Contri, Fire Advisory Board Mahlon Irish Jr., Fire Advisory Board Robert Duell, Fire & Emergency Management , AND BE IT FURTHER RESOLVED, that the appointments to this Communication Advisory Board will be for a term to expire on December 31, 2013. ON MOTION OF MR. PARK RESOLUTION NO. 28-12 Re-Appoint Member Cortland County Convention and Visitors Board of Directors WHEREAS, Resolutions 15-08 and 19-10 appointed Newell Willcox to the Cortland County Convention and Visitor’s Bureau, AND WHEREAS, his seat on said board expired Dec. 31, 2011, and he wishes to continue to serve on this board, NOW THEREFORE BE IT RESOLVED, that Newell Willcox, 5448 State Route 281, Homer, New York 13077, be and hereby is appointed to said Board for a term expiring December 31, 2013. ON MOTION OF MR. PARK RESOLUTION NO. 29-12 Appoint Airport Advisory Board WHEREAS, Resolution No. 387-10 created an Airport Advisory Board to keep the facility a viable and operationally appropriate entity, and to provide the Legislature with advice from a wider range of individuals regarding issues facing the Legislature and the airport itself, AND WHEREAS, the terms for Advisory Board members expired December 31, 2011, AND WHEREAS, the Highway Committee has reviewed and recommended the candidates below, NOW THEREFORE BE IT RESOLVED that the following be appointed to the Airport Advisory Board for a term set to expire December 31, 2013: 17 ---PAGE BREAK--- Kevin Whitney (legislator) Patrick M. Snyder 56 Delaware Ave 2015 St. Route 38A Cortland, NY 13045 Cortland, NY 13045 Ray Parker (legislator) Daniel McNeil 18 Hamlin Street 4457 Cosmos Hill Road Cortland, NY 13045 Cortland, NY 13045 Richard Bushnell (legislator) Roger Zilliox 11 Owego Street 1691 Parker Street Cortland, NY 13045 Cortland, NY 13045 William Cobb 2891 Cincinnatus Road Cincinnatus, NY 13040. ON MOTION OF MR. PARK RESOLUTION NO. 30-12 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) WHEREAS, the terms of membership of the Cortland County representatives to the STERPDB have expired, AND WHEREAS, Cortland County is entitled to three representatives, NOW THEREFORE, BE IT RESOLVED, that the following individuals be appointed to STERPDB for a two year term ending December 31, 2013: Dan Dineen, Director of Planning Danny Ross, Cortland County Legislator Brian Tobin, Mayor, City of Cortland ON MOTION OF MR. PARK RESOLUTION NO. 31 Appoint/Re-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, NOW THEREFORE, BE IT RESOLVED, that the following members be and hereby are appointed/re-appointed to serve the terms as listed below: Name Organization Home address 18 ---PAGE BREAK--- ReBecca Canzano Cortland County Health Department 1/1/12-12/31/13 24 Pearne Ave. Cortland LT. Robert Derksen Cortland County Sheriffs Department 1/1/12-12/31/13 6243 Country Ln. Homer Herb Barnhart Cortland County Sheriffs Department 1/1/12-12/31/13 11 Stanford Dr. Homer, NY Mike Catalano Cortland City Police Dept. 1/1/12-12/31/13 3759 Westvale Dr. Cortland, NY Paul VanValkenburg University Police 1/1/12-12/31/13 3137 E. River Rd. Truxton, NY 13158 Daniel E. Hodack Jr. New York State Police 1/1/12-12/31/13 12 Daisy Ln. Kirkwood, NY 13795 Lee A. Price Sheriff 1/1/12-12/31/13 1189 Church St. Cortland, NY 13045 Christella Yonta Seven Valleys Health Coalition 1/1/12-12/31/13 30 Sunnyfield Cortland, NY 13045 Angela Perry Cornell Cooperative Ext.- Bike 1/1/12-12/31/13 4211 Rt. 11 Truxton, NY David Guerrera Cortland City Police 1/1/12-12/31/13 2216 Parks Road, Cortland ON MOTION OF MR. PARK RESOLUTION NO. 32-12 Appoint Members Industrial Development Agency Board of Directors WHEREAS, pursuant to General Municipal Law 856, the Cortland County Legislature, on recommendation of the Chairman of the Cortland County Legislature, is required to appoint the members of the Industrial Development Agency Board of Directors, NOW THEREFORE BE IT RESOLVED, that the following individuals are appointed to the Industrial Development Agency Board of Directors effective immediately for a two year term to expire 12/31/13 or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years: John Shirley, 901 Alfred Lane, Homer, New York 13077 Stephen Compagni, 1657 Lighthouse Hill Road, Homer, New York 13077 Brian Mitteer – 2345 S. Cortland Virgil Road, Cortland, NY 13045 Michael McMahon, Creal Road, Homer, New York 13077 John O. Reagan, 96 Elm Street, Cortland, New York 13045 19 ---PAGE BREAK--- Johanna Ames, 972 Beechwood Lane, Cortland, NY 13045 James Pelowski, 3709 Katie Lane, Cortland, NY 13045 , AND BE IT FURTHER RESOLVED, that Michael McMahon shall serve as Chairman of said Board. On motion of Mr. Park, Ms. Price seconded Agenda Item No. 21. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PARK RESOLUTION NO. 33-12 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. 20 ---PAGE BREAK--- On motion of Mr. Park; Seconded by Ms. Briggs – all members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PARK RESOLUTION NO. 34-12 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 2012 Budget in account A75205.54843, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to execute an agreement for the amount of $6,000.00 with the 1890 House Museum to be paid from account A75205.54843 Miscellaneous Contract. On motion of Mr. Park; Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PARK RESOLUTION NO. 35-12 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 2012 Budget in account A75205.54826, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to execute an agreement with the Cortland County Historical Society to be paid from account A75205.54826 Miscellaneous Contract for the purposes of collecting and preserving historical records of Cortland County. On motion of Mr. Park; Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PARK RESOLUTION NO. 36-12 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 21 ---PAGE BREAK--- agreement with Finger Lakes Library Association for the year 2012, whereas in consideration of the sum of $3,500.00 (Account Number A74105 54830) paid by the County of Cortland, said Finger Lakes Library Association shall provide free library services to the residents of Cortland County, AND BE IT FURTHER RESOLVED, that pursuant to Section 224 of the County Law, the Finger Lakes Library Association shall render to the County Legislature a verified account of disbursements and verified or certified figures attached, AND BE IT FURTHER RESOLVED, that any unused amount of said sum shall be refunded to the County of Cortland. On motion of Mr. Park; Seconded by Mr. Parker. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. PARK RESOLUTION NO. 37-12 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) WHEREAS, the 2012 Adopted Budget appropriated the sum of $274,000.00 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 $274,000.00 (Account Number A87105 54850) on or after February 18, 2012 to the Cortland County Soil and Water Conservation District to be used for the maintenance of said conservation district and to assist said conservation district in carrying out the provisions of the Soil Conservation Districts Law, AND, BE IT FURTHER RESOLVED, that at any time during 2012, the Chairman of the Legislature may request the directors of the Cortland County Soil and Water Conservation District to submit a report in writing of a detailed statement of its work and transactions for the preceding year and for any other period of time requested. On motion of Mr. Park; Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PARK RESOLUTION NO. 38-12 Authorize Agreement – Emergency Medical Physicians County Coroners 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 22 ---PAGE BREAK--- WHEREAS, it is the wish of the County Coroner’s Office and the Judiciary & Public Safety Committee to authorize additional Coroner’s Physicians to sign death certificates, for a fee not to exceed $125 per signature, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into an agreement with Emergency Medical Physicians, 134 Homer Avenue, Cortland, NY 13045, for the purpose of signing death certificates in the absence of the duly appointed Coroner’s Physician. On motion of Mr. Park; Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PARK RESOLUTION NO. 39-12 Authorize Agreement – Autopsy Services Lourdes Hospital WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from Our Lady of Lourdes Memorial Hospital, Inc., 169 Riverside Drive, Binghamton, New York 13905, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has the necessary expertise and facilities to perform these services and is willing to provide said services, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature be and hereby is authorized to enter into an agreement, upon approval of the County Attorney, with Our Lady of Lourdes Memorial Hospital, Inc. for autopsy and forensic laboratory services as follows: Professional Fee: $800.00 Morgue Fee: $400.00 Special Fees: Alcohol Level: $102.80 Drugs of Abuse Screen: 275.75 Radiographs: Skull AP/Lat $365.55 Skull AP $254.40 Chest AP/LAT $ 83.90 Cervical Spine $374.90 Pelvis $ 80.30 Abdomen Supine $164.00 On motion of Mr. Willcox; Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 28 became: 23 ---PAGE BREAK--- ON MOTION OF MR. WILLCOX RESOLUTION NO. 40-12 Amend Agreement Information Technology (Toshiba Business Solutions Copier Lease Agreement) WHEREAS, the County desires to change the lease agreement with Toshiba Business Solutions, AND WHEREAS, Toshiba Business Solutions has agreed to the following changes: • Equipment Added: o E-305 Copier – District Attorney ,AND WHERAS, Toshiba Business Solutions has agreed to amend the lease agreement to reflect these changes, increasing our lease payment by $175.00 a month from $4,750.93 to $4,925.93, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the amendment on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. On motion of Mr. Whitney; Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 41-12 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, 2012, 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. On motion of Mr. Whitney; Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 42-12 24 ---PAGE BREAK--- Amend Resolution Fire & Emergency Management Office Adopt Revised Fire Services Mutual Aid Plan WHEAREAS, the first recorded motion to adopt the Cortland County Fire Services Mutual Aid Plan was passed by the Board of Supervisors on July 13, 1960; revised and amended by Resolution No. 395 of 1975 and by Resolution No. 185 of 1983, AND WHEREAS, by definition, mutual aid is organized, supervised, coordinated, cooperative, reciprocal assistance in which personnel, equipment and physical facilities of all participating fire departments, regardless of type or size, are utilized for fire or other emergencies in which the services of firefighters would be used throughout the County of Cortland and adjacent areas, AND WHEREAS, said document has been periodically revised and amended and approved by the Cortland County Fire Chiefs’ Association and Fire Advisory Board, and adopted by the Cortland County Legislature since the original document was created, NOW THEREFORE BE IT RESOLVED, that the most recently revised edition of the Cortland County Fire Services Mutual Aid Plan, dated September 21, 2011, and adopted by the Cortland County Fire Chiefs’ Association and Cortland County Fire Advisory Board, be and hereby is adopted by the Cortland County Legislature as the official document to establish a framework and guidelines by which the resources of the participating fire departments are utilized for the fire protection and other emergency incidents which require a fire service response within the County of Cortland and adjacent areas, AND BE IT FURTHER RESOLVED, that a copy of the Cortland County Fire Services Mutual Aid Plan, as amended, be on file with the Clerk of this Legislature. On motion of Mr. Whitney; Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 43-12 Authorize Agreement Probation Department (Medlab, Inc.) WHEREAS, it is necessary for the Cortland County Probation Department to conduct drug testing as required to enhance supervision and verification to enforce Probation Department client abstinence from the illegal use of chemical substances and provide court verification of compliance with probation terms and conditions, AND WHEREAS, Cortland County Probation Department has contracted with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, since 2005 and the current contract, as authorized by Resolution 413-07, with said company expired December 31, 2011, AND WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for these services at no increase in costs from the previous contract, AND 25 ---PAGE BREAK--- WHEREAS, funds are available in account A31405.54500, Medical Fees/Services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute a two year agreement with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, for the term January 1, 2012 through December 31, 2013, for the purpose on conduction drug testing in the Cortland County Probation Department. On motion of Mr. Whitney; Seconded by Ms Price. Probation Director Lisa Cutia explained that this contract will charge the County for the number of electronic monitoring units in service. She said the most the County has ever had at one time is seven. She said the contract allows for two shelf units to be used as needed. She said the average cost of housing a prisoner is about $165, whereas electronic monitoring costs no more than $9.50 per day. She said last year the JPS Committee wrote a letter to all judges in the County advocating for the use of these devices, however there has been no increase in utilization to date. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 44-12 Authorize Agreement Amendment Probation Department Electronic Monitoring (BI Incorporated) WHEREAS, there is a need to reduce the population of inmates at the Cortland County Jail, AND WHEREAS, electronic monitoring is an authorized and accepted method of providing Court-ordered supervision of offenders in the community, AND WHEREAS, Cortland County Probation Department has contracted with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, since 2005 and the latest contract, as authorized by Resolution 176- 08, and an Amendment to said contract, as authorized by Resolution 133-10, with said company expired December 31, 2011, AND WHEREAS, BI Incorporated has agreed to amend the previous contract for an additional one year period, January 1, 2012 and ending December 31, 2012, with no change in the current charges, AND WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for products services at no increase in costs from the previous contract, AND WHEREAS, funds are available in account A31405.54055, Professional Services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute a two year amendment with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, for the term January 1, 2012 through December 31, 2012, for the purpose electronic monitoring through the Cortland County Probation Department. 26 ---PAGE BREAK--- On motion of Mr. Fuller; Seconded by Mr. Cornell. Mr. Fuller said that this project would have come in under budget if it weren’t for these contractual fuel and asphalt adjustments, which increased project costs. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. FULLER RESOLUTION NO. 45-12 Resolution Amending Resolution 198-10 Award Construction Project Reconstruction of Page Green Road (CR 122) Highway Department WHEREAS, Resolution No. 198-10 awarded the Reconstruction of Page Green Road (CR 122) to Suit-Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045, AND WHEREAS, the actual costs of the Reconstruction of Page Green Road (CR 122) exceeded Suit Kote Corporations bid of $3,442,842.00 by $48,503.80 due to contractual automatic asphalt and fuel price adjustments, NOW THEREFORE BE IT RESOLVED, that Resolution 198-10, paragraph 8 be amended to read that the maximum not to exceed is now $3,491,345.80. On motion of Mr. Ross; Seconded by Ms. Briggs. Mr. Ross explained that this contract is for cruelty to animals services, which the County is mandated to provide. It does not cover animal control, which is the jurisdiction of the respective municipalities. Mr. Parker asked that the Legislature receive periodic updates on operations at the SPCA as they relate to this contract. All members voting in favor; none opposed. Agenda Item No. 34 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 46-12 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, 2012, and ending December 31, 2012, the SPCA will provide during normal business hours Monday thru Friday answering service to receive complaints regarding cruelty to animals, investigate all cases involving cruelty to animals and cooperate with appropriate law enforcement agencies in the prevention and prosecution of such cases, AND BE IT FURTHER RESOLVED, that the County Treasurer, upon approval by the County Auditor, be and hereby is authorized to pay said Society the sum of $42,000 (Account Number A35105 54820) in accordance with the terms of said contract. On motion of Mr. Ross; Seconded by Mr. Fuller. All members voting in favor; none opposed. Agenda Item No. 35 became: 27 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 47-12 Authorize Agreement Cortland County (Cornell Cooperative Extension) WHEREAS, the 2012 Adopted Budget appropriated funds in the amount of $294,000.00 for the operation of the Cornell Cooperative Extension of Cortland County programs, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement with Cornell Cooperative Extension of Cortland County, AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the sum of $294,000.00 in quarterly payments to the above named agency AND BE IT FURTHER RESOLVED, that pursuant to section 224 of the County Law, said agency shall render to the County Legislature a certified account of disbursements with verified or certified figures attached, AND BE IT FURTHER RESOLVED, that any unused amounts of said sums shall be refunded to the County of Cortland. On motion of Mr. Ross; Seconded by Ms. Price. Mr. Ross said the allocation was reduced this year as the Federation is not doing the pheasant stocking program this year. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. ROSS RESOLUTION NO. 48-12 Authorize Agreement Cortland County (Federation of Sportsmen) WHEREAS, § 224 of County Law of the State of New York authorizes a County to contract with non-profit organizations including associations for the purpose of propagation of game, game birds and fish, AND WHEREAS, it is the desire of Cortland County to contract with the Cortland County Federation of Sportsmen’s Club for the propagation of game, game birds and fish in order to improve and control wildlife population in Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute a contract with the Cortland County Federation of Sportsmen’s Club in the amount of $2,000. (Account Number A87205-54855) for the term of January 1, 2012 through December 31, 2012. On motion of Mr. Ross; Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 37 became: 28 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 49-12 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 $4,500.00 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. On motion of Mr. Ross; Seconded by Mr. Bushnell. Mr. Ross said the Community Transportation Association of America has already provided one of only two nationwide grants of $25,000 for this program. This resolution is for a matching $25,000 grant through the NYS Dept. of Transportation. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. ROSS RESOLUTION NO. 50-12 Authorize Grant Application and Agreement New York State Department of Transportation Transportation Needs Assessment Cortland County Planning Department WHEREAS, Resolution 342-11 supported the Community Transportation Association of America (CTAA) Internal Transportation Review for Cortland County, AND WHEREAS, Cortland County was selected by CTAA for funding of the transportation needs assessment, AND WHEREAS, the New York State Department of Transportation Planning and Research Project Agreement granted Cortland County funding for such a transportation needs assessment at no cost to Cortland County provided that Cortland County applies for such funding, AND WHEREAS, a transportation needs assessment will be a review of previous transportation studies, plans and reports, including the Local Human Services Transportation Coordination Plan, transportation demands, the enhancement of transportation services, with existing fiscal resources and the monitoring and development of a refined plan to implement strategies for the enhancement of transportation services within Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon County Attorney approval, is hereby authorized to sign; 29 ---PAGE BREAK--- 1) Any and all Agreements between Cortland County and the State of New York for the above named project; 2) Any and all Agreements between Cortland County and any third party subcontractors necessary to complete the project On motion of Mr. Ross; Seconded by Mr. Willcox. Mr. Fuller said that last year the County requested NYS legislation allowing rifle hunting, but was not informed that crossbows would also be permitted statewide, and therefore asked that crossbows be omitted from Cortland County. This resolution is rectifying that and requesting NYS to allow crossbow hunting in the County. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MR. ROSS RESOLUTION NO. 51-12 Resolution Requesting the New York State Legislature to Enact Legislation Allowing Cross Bow Hunting In Cortland County WHEREAS, the Cortland County Legislature would support a bill to allow the use of Cross Bow for big-game in Cortland County, AND WHEREAS, big-game Rifle hunting is permitted in Cortland County and in many counties throughout New York State, AND WHEREAS, a communication gap happened and Cortland County is the only County in New York State that allows Center Fire Rifle Hunting during the Regular Season for big game that does not allow Cross Bow during the same season, AND WHEREAS, it is requested that action be completed in time for the Big Game Hunting Season of 2012, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby requests 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 Cross Bow 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 Brian Kolb. On motion of Mr. Cornell; Seconded by Mr. Bushnell. Personnel Director Ms. Barber said that this Local Law is required to provide a salary increase for the Election Commissioners, who have been taken out of the Management Compensation Plan. She added that the next local law is required for appointed and elected officials and will have to be done every year. She noted that this year’s law only includes employees who are in the middle of their respective terms. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 52-12 ADOPT PROPOSED LOCAL LAW NO. 1 FOR THE YEAR 2012 30 ---PAGE BREAK--- 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 §3-208. SECTION II. The annual salary for each Cortland County Election Commissioner shall be increased from $27,991 to $28,411 and paid over the balance of the 2012 calendar year, upon the effective date of this local law. SECTION III. This local law is subject to permissive referendum. It 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. On motion of Mr. Cornell; Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 53-12 ADOPT PROPOSED LOCAL LAW NO. 2 FOR THE YEAR 2012 A LOCAL LAW TO INCREASE THE SALARY OF COUNTY OFFICERS ELECTED OR APPOINTED FOR A FIXED TERM DURING THE TERM OF OFFICE BE IT ENACTED by the 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 preserve the integrity of the Management Compensation Plan, the goal of which is to treat all employees equally by maintaining grade level salary increments attached to years of service to the county. It is the Legislature’s intention to extend the same increase in salary for those County officers elected or appointed for a fixed term, in compliance with New York State County Law §201, as has been previously adopted pursuant to the amended Grade and Step Schedule for Management / Management Confidential Employees through Cortland County Local Law Number 4 of 2011. 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. Certain officers are excluded as Local Law 4 of 2011 and New York State County Law §201 does not permit any new or amended Grade and Step Schedule 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 31 ---PAGE BREAK--- This Local Law shall function to increase the salary of the following officers elected or appointed for a fixed term, during their term of office: Commissioner of Social Services Public Health Director Superintendent of Highways Personnel Officer Director of Real Property Tax Services The same rate of annual salary increase for fiscal year 2012 extended to Cortland County Management and Management / Confidential Employees through the modification of the Grade and Step Schedule shall be provided to those officers elected or appointed for a fixed term, during their term of office. The annual salary of said officers elected or appointed for a fixed term, during their term of office, is to be adjusted and paid over the balance of the 2012 calendar year, upon the effective date of this local law. 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. On motion of Ms. Price; Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 42 became: ON MOTION OF MS. PRICE RESOLUTION NO. 54-12 Amend Budget Department of Social Services Community Solutions for Transportation (CST) WHEREAS, the NYS Office of Temporary and Disability Assistance has allocated TANF funds for Community Solutions for Transportation (CST), NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4687 Admin-CST $3,077 Revenue: A601044.44687 Fed-Administration $3,077 On motion of Mr. Troy; Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 43 became: ON MOTION OF MR. TROY RESOLUTION NO. 55-12 Authorize Agreement Heath Department/Hospice (Auditor) 32 ---PAGE BREAK--- WHEREAS, Caring Community Hospice of Cortland, a division of the Cortland County Health Department, is required to complete a comprehensive annual Medicare Cost Report, AND WHEREAS, Hospice will contract with Caryn Hughes, financial analyst specializing in Hospice Cost Report preparation to compile and analyze data to complete a cost report for a fee not to exceed $2000 maximum, AND WHEREAS, monies for the above service are budgeted in expenditure account A40485.54055, AND WHEREAS, the term for this agreement is January 1, 2012 through December 31, 2012, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement for provision of such service. On motion of Mr. Troy; Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 44 became: ON MOTION OF MR. TROY RESOLUTION. NO. 56-12 Authorize Agreements Health Department (Nursing Division) (Contracted Services) WHEREAS, the Home Health Agency contracts for Home Health Aides, Physical Therapy, Speech Therapy, Occupational Therapy, nutrition consultation, wound care/ostomy consultation, and Intravenous Therapy services, AND WHEREAS, the following agencies may provide Home Health Aide services: All Metro Aids Comfort Keepers Home Care for Cortland County Quality Care-USA, Inc. d/b/a/ Gentiva Health Services Maxim HealthCare Services, Inc. , AND WHEREAS, the following agency may provide Licensed Practical Nurses: Home Care for Cortland County , AND WHEREAS, the following individuals may provide physical therapy services: Paul Gugerty Sirisha Mandadi d/b/a A & M Physical Therapy 33 ---PAGE BREAK--- Jennifer McConnell Diane Tennant Linda Trivisonno , AND WHEREAS, the following individual may provide occupational therapy services: Lisa Addington , AND WHEREAS, the following agency may provide speech language pathology, occupational therapy, physical therapy, nutrition/dietitian, and phlebotomy services as needed: Cortland Regional Medical Center , AND other contractors as necessary to meet the needs, AND WHEREAS, wound care/ostomy consultation, and Intravenous Therapy services are provided on an as needed basis through appropriate contractors as required, AND WHEREAS, monies for the above services are budgeted in expenditure account A40115.54500, Medical Fees and Services, 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. On motion of Mr. Troy; Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 45 became: ON MOTION OF MR. TROY RESOLUTION NO. 57-12 Authorize Agreement Health Department/Environmental Health (Hearing Officer Services) WHEREAS, the Division of Environmental Health requires a Hearing Officer to preside in cases for enforcement of the NYS Public Health Law, NYS Sanitary Code and the Cortland County Sanitary Code, AND WHEREAS, Robert Spitzer, of 23 West Court Street, Cortland, New York will provide the services as necessary to meet the needs, AND 34 ---PAGE BREAK--- WHEREAS, monies for the above services are budgeted in Professional Services Expenditure account A40125.54055, AND WHEREAS, the term for this agreement shall be from January 1, 2012 to December 31, 2013, AND WHEREAS, this agreement shall include a ninety-day extension clause allowing the agreement to be extended until March 31, 2014 if a successor agreement is not executed by January 1, 2014, AND WHEREAS, this agreement shall waive the requirement for Workman’s Compensation/Unemployment/Liability insurance coverage which names “Cortland County” as an additional insured, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature and the Public Health Director, or designee, upon review and approval of the County Attorney, are hereby authorized and directed to execute an agreement for provision of said Hearing Officer services with Robert Spitzer, 23 West Court Street, Cortland, New York 13045. On motion of Mr. Troy. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 46 became: ON MOTION OF MR. TROY RESOLUTION NO. 58-12 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program WHEREAS, Resolution #252-11 gave the Cortland County Health Dept. permission to enter into an agreement with Health Research, Inc. to continue the Breast & Cervical Cancer Early Detection Program for the period 06/30/11 – 06/29/12 which pays for screening and diagnostic services for uninsured and underinsured women in the amount of $30,265, AND WHEREAS, the Cortland County Health Dept. has been awarded an additional $1,751, AND WHEREAS, these funds are in the 2011 Budget in 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 Health Research, Inc. to accept these funds. On motion of Mr. Troy. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 47 became: ON MOTION OF MR. TROY RESOLUTION NO. 59-12 Authorize Agreements/Accept Funds Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) 35 ---PAGE BREAK--- WHEREAS, the Cortland County Health Dept., Children with Special Needs Division, has been awarded $109,758 from the NYS Dept. of Health to continue the Facilitated Enrollment Program, for the period January 1, 2012 through December 31, 2012, which assures families access to high quality health care through enrollment by community based providers, AND WHEREAS, these funds are in the 2012 County Budget in Accounts A40595.51005 $58,438 (Personnel), A40595.58020-58065 $27,647 (Fringe), A40595.54000-54078.4053 $23,673 (Other Than Personnel Services and Contractual) and Revenue Account A405943.43489 $109,758 (Facilitated Enrollment), AND WHEREAS, the Cortland County Health Department will be contracting with community agencies to help coordinate the efforts of this grant, AND WHEREAS, these agreements shall include a ninety day extension clause contingent on continued grant funding, allowing the respective agreements to be extended until March 31, 2013, if successor agreements are not executed by January 1, 2013, NOW THEREFORE BE IT 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 and to contract with other community agencies to help coordinate the efforts of this grant. On motion of Mr. Troy; Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 48 became: ON MOTION OF MR. TROY RESOLUTION NO. 60-12 Authorize Expense Account/Amend Budget Family Counseling Services WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has approved additional funding for Family Counseling in 2012, in the amount of $28,550.00, NOW THEREFORE BE IT RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: A 43105 54870 4208 FAMILY COUNSELING (OASAS) $28,550.00 Revenues: A431043 43486 4200 NYS OASAS $28,550.00 On motion of Mr. Troy; Seconded by Ms. Cobb. Mental Health Director Mark Thayer said this is for the legal portion of the OMIG audit response. He said he has met with a representative from the lawfirm and he is hopeful that any legal arguments will result in a reduction of the OMIG’s findings/citations. He said the County has asked for an extension to file these rebuttals. All members voting in favor; none opposed. Agenda Item No. 49 became: ON MOTION OF MR. TROY RESOLUTION NO. 61-12 36 ---PAGE BREAK--- Authorize Agreement – Iseman, Cunningham, Reister & Hyde, LLP (Legal Representation 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 Iseman Cunningham, Reister & Hyde, LLP, 9 Thurlow Terrace, Albany, New York 12203, at a fee of $275 per hour, to be paid out of Contingency Funds for the purpose of providing legal representation and preparing documents for Cortland County’s response to the OMIG Audit. On motion of Mr. Troy; Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 50 became: ON MOTION OF MR. TROY RESOLUTION NO. 62-12 Authorize Agreement/Accept Grant 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 an Early Recognition, Coordination and Screening Process in Cortland County, AND WHEREAS, the New York State Office of Mental Health will provide annual funding for the program in the amount of $112,460.00 in 2012 to facilitate the hiring of one FTE staff dedicated to the process, and resources to support the implementation of a Cortland County 211 information and referral system, 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. On motion of Mr. Troy; Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 51 became: ON MOTION OF MR. TROY RESOLUTION NO. 63-12 Authorize Expense Account JM Murray Center (OASAS) WHEREAS, the New York State Office of Mental Health has approved additional funding for the JM Murray Center in 2012, in the amount of $8,859.00, NOW THEREFORE BE IT 37 ---PAGE BREAK--- RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: A 43105 54870 4225 JM Murray Center (OASAS) $8,859.00 Revenues: A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH $8,859.00 On motion of Mr. Pace; Seconded by Mr. Cornell. Mr. Pace said that this is the same County contribution as 2010-2011 budget year. All members voting in favor; none opposed. Agenda Item No. 52 became: ON MOTION OF MR. PACE RESOLUTION NO. 64-12 Authorize Payment Tompkins Cortland Community College (Operating Budget 2011-2012) WHEREAS, the Cortland County Legislature by Resolution No. 150-11 approved the 2011-2012 Operating Budget for Tompkins Cortland Community College and appropriated the necessary funds in the 2012 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 2011-2012 on the following dates in the following manner: February 1, 2012 $393,580.00 April 1, 2012 $393,580.00 June 1, 2012 $393,580.00 August 1, 2012 $393,579.00 Total $1,574,319.00 , AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature be and hereby is directed to send certified copies of this resolution to the President of Tompkins Cortland Community College, the Tompkins County Legislature, and the Cortland County Treasurer. On motion of Mr. Pace; Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 53 became: ON MOTION OF MR. PACE RESOLUTION NO. 65-12 Authorize Contract Access Systems County Clerk 38 ---PAGE BREAK--- WHEREAS, the Cortland County Clerk applied for a grant to pay a consultant to assist the Cortland County Clerk to prepare a plan for a Disaster Preparedness, Prevention and Recovery Plan for Cortland County, AND WHEREAS, the grant was awarded in December of 2011, AND WHEREAS, the lowest priced vendor who responded to the RFP was Access Consultants, NOW THEREFORE BE IT RESOLVED, that upon approval of the contract by the County Attorney, the Chairman of the Cortland County Legislature is authorized to sign a contract with Access Consultants, not to exceed $22,000, to assist the Cortland County Clerk to prepare a plan for a Disaster Preparedness, prevention and Recovery Plan for Cortland County. On motion of Mr. Pace; Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 54 became: ON MOTION OF MR. PACE RESOLUTION NO. 66-12 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Contracting with VIP Installations) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the CAP through the DA wishes to contract with VIP Installations for the purchase of needed audio/video equipment to furnish the interview rooms of the center in the amount of $2,921.50, paid for through said NYS grant, as approved for the current fiscal year, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign such agreements as are necessary to purchase the needed camera system. On motion of Mr. Pace; Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 55 became: ON MOTION OF MR. PACE RESOLUTION NO. 67-12 Amend 2012 Budget/Transfer Funds Sheriff's Department/Jail (Clothing & Uniforms) 39 ---PAGE BREAK--- WHEREAS, per the CSEA agreement 01/01/20011-12/31/2014, Article 22, Section 3, it has been determined that the 1099 Income form does not apply to this Section, NOW THEREFORE BE IT RESOLVED, the 2012 Cortland County Budget is hereby amended as follows: Decrease: Expenses: A31505-54083 Clothing & Uniforms $31,425.00 Increase: Expenses: A31505-51040 Allowances $31,425.00 On motion of Mr. Pace; Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 56 became: ON MOTION OF MR. PACE RESOLUTION NO. 68-12 Amend 2012 Budget/Transfer Funds Sheriff's Department/Road Patrol (Clothing & Uniforms) WHEREAS, per the CPAC agreement 01/01/2006-12/31/2011, Article 28 Section 5, it has been determined that the 1099 Income form does not apply to this Section NOW THEREFORE BE IT RESOLVED, the 2012 Cortland County Budget is hereby amended as follows: Decrease: Expenses: A31105-54083 Clothing & Uniforms $32,720.00 Increase: Expenses: A31150-51040 Allowances $32,720.00 On motion of Mr. Pace; Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 57 became: ON MOTION OF MR. PACE RESOLUTION NO. 69-12 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 40 ---PAGE BREAK--- 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 2012 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 Seventy-Five Thousand Dollars ($375,000) for term of this agreement. 2. The Bureau shall provide the County with its services and shall promote and publicize the advantages of Cortland County in such a mode and manner as it deems appropriate, including, but not limited to, all media, print, radio, television, direct contact, event publicity, contests, or other promotional devices. 3. Payment shall be made by the County Treasurer in the sum of $185,500 in advance, semi-annually, upon receipt of a Memorandum of Receipt duly executed by the principal officer and disbursing officer of the Bureau in which they, on behalf of the Bureau agree to comply with the terms of this Resolution. 4. The term of this Agreement shall be one year from January 1, 2012 to December 31, 2012. 5. Within thirty (30) days of the termination of this Agreement, the Bureau shall provide and render to the County a verified account of the disbursements of such organization with verified or certified vouchers therefore attached. The County Auditor may request such verified accounting be rendered to the County each quarter during the term of this Agreement. 6. The Bureau shall refund to the County at the termination of this Agreement, any monies paid by the County remaining unused, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed to enter into an agreement, upon review and approval by the County Attorney, for 2012 with the Cortland County Convention and Visitors Bureau for the sum of $375,000 in accordance with the terms of said contract. On motion of Mr. Pace; Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 58 became: ON MOTION OF MR. PACE RESOLUTION NO. 70-12 Accept Funds/Authorize Account Peer Recovery Center/Catholic Charities (Mental Health) WHEREAS, the New York State Office of Mental Health has approved additional funding for Catholic Charities in 2012, in the amount of $263,252.00 in order to institute a new peer recovery center, NOW THEREFORE BE IT 41 ---PAGE BREAK--- RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: A 43105 54870 4213 Catholic Charities CSS (OMH) $263,252.00 Revenues: A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH $263,252.00 On motion of Mr. Pace; Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 59 became: ON MOTION OF MR. PACE RESOLUTION NO. 71-12 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 $5917.74 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 January 1,2012 through December 31, 2012, authorizing the DA to make payments to B&G in an amount not to exceed $5917.74, AND BE IT FURTHER RESOLVED, that the 2012 County Budget hereby be amended to reflect this as follows: Increase: Expense: A116543 52025 1160 CAP to B&G $5917.74 Revenue: A116543 43089 1160 OCFS $5917.74 42 ---PAGE BREAK--- On motion of Mr. Pace; Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 60 became: ON THE MOTION OF MR. PACE RESOLUTION NO. 72-12 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 M & T Bank $10,000,000.00 First National Bank of Dryden $ 2,000,000.00 Key Bank of New York $10,000,000.00 Tompkins Trust Co. $10,000,000.00 Citizens Bank $10,000,000.00 JP Morgan Chase $ 150,000.00 On motion of Mr. Pace; Seconded by Mr. Ross. Mr. Park asked for an executive discussion to discuss details of the proposed contract with the County Administrator. Mr. Pace made that motion; seconded by Mr. Spaulding. All members voting in favor; none opposed. The Legislature held an executive session. Following the executive session, Mr. Park called for a roll call vote on Agenda Item No. 61 – “Re- Appoint County Administrator/Authorize Contract.” Legislators Arnold, Cobb, Fuller, Pace, Parker, Price, Ross, Troy, Whitney, Willcox and Park voting in favor. The motion was approved with a weighted vote of 28,807. Legislators Boyden, Briggs, Bushnell, Cornell, Hartnett, Natoli, Spaulding and Wheelock were opposed. Agenda Item No. 61 became: ON MOTION OF MR. PACE RESOLUTION NO. 73-12 Re-Appoint County Administrator / Authorize Contract Cortland County Legislature WHEREAS, the Cortland County Legislature by Local Law No. 7 for the year 2002 (and as amended by Local Law No. 3 of 2003) established the Office of County Administrator, AND WHEREAS, pursuant to Local Law the Cortland County Legislature shall appoint a County Administrator for a fixed term who shall be directly responsible to the County Legislature and, on behalf of 43 ---PAGE BREAK--- the County Legislature, shall perform the functions of a Chief Administrative Officer with the County Legislature retaining final administrative authority, AND WHEREAS, Resolution No. 154 of 2010 appointed Martin D. Murphy as County Administrator, AND WHEREAS, Local Law No. 2 of 2010 provided that the term of office of the County Administrator shall be up to four years from and including the first day of January, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Martin D. Murphy, to serve as County Administrator subject to the terms and conditions of the Employment Agreement attached hereto, for a term to expire December 31, 2015, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute on behalf of the County Legislature an employment agreement with Martin D. Murphy, AND BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the County Personnel Director, County Treasurer, County Clerk and Martin D. Murphy by the Clerk of the Legislature. On motion of Mr. Pace; Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 62 became: ON THE MOTION OF MR. PACE RESOLUTION NO. 74-12 Amend Resolution 361-11 Real Property Tax Services OCE Scanner/Printer WHEREAS, Resolution 361-11 authorized agreements between Cortland County Real Property Tax Services and OCE-USA, Inc., AND WHEREAS, Resolution 361-11 indicated the date of this agreement was December 31, 2011 through December 31, 2012, AND WHEREAS, the term of this agreement is January 1, 2012 through December 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 OCE-USA, Inc. and pay out of account A13555.54050 Equipment Maintenance/Repair. On motion of Mr. Pace; Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 63 became: ON MOTION MR. PACE RESOLUTION NO. 75-12 Amend Budget/Re-Appropriate Funds Buildings & Grounds 44 ---PAGE BREAK--- WHEREAS, there were funds remaining unexpended in Account Nos. A16205.54076, B&G Expenses, A16205.54025, Utilities, A16205.54007, Maintenance Supplies, A16205.54078, Fuel, A16205.54015 MaintenanceAgreements,A16205.54065,Rent/Lease A16205.54085 Uniforms, A16205.54005, Supplies at the end of 2011, AND WHEREAS, there are 2011 expenses remaining to be paid, NOW THEREFORE BE IT RESOLVED, that these funds be re-appropriated in 2012 with the following amendment to the 2012 budget: Increase Account No. A16205.54076 B&G Expense $1,112.00 Expense Account No. A16205.54076 B&G Expense $1,112.00 Increase Account No. A16205.52025 Repair & Maintenance $8,948.98 Expense Account No. A16205.54076 B&G Expense $8,948.98 Increase Account No. A16205.54005 Supplies $15.40 Expense Account No. A16205.54076 B & G Expense $15.40 Increase Account No. A16205.54025 Utilities $5,883.88 Expense Account No. A16205.54025 Utilities $5,883.88 Increase Account No. A16205.54007 Maintenance Supplies $2,772.37 Expense Account No. A16205.54007 Maintenance Supplies $2,772.37 Increase Account No. A16205.54015 Maintenance Agreements $4,153.52 Expense Account No. A16205.54015 Maintenance Agreements $4,153.52 Increase Account No. A16205.54065 Rent/Lease $650.00 Expense Account No. A16205.54065 Rent/Lease $650.00 Increase Account No. A16205.54085 Uniforms $365.07 Expense Account No. A16205.54085 Uniforms $365.07 Increase Account No. A16205.54078 Fuel $578.88 Expense Account No. A16205.54078 Fuel $578.88 Mr. Park pulled Agenda Item No. 64 “Appoint Investigator – Cortland County Legislature.” Mr. Purser advised that due to the drastic changes from the original agenda item, Agenda Item 64 be pulled, and the Legislature should suspend the Rules of Order to consider a new agenda item. Mr. Troy made a motion to suspend the Rules of Order to consider what became Agenda Item No. “64 A – Creating Special Committee/Investigations.” Seconded by Mr. Willcox. All members voting in favor; none opposed. The motion was approved, and the Rules of Order were suspended. On motion of Mr. Park; Seconded by Mr. Natoli. All members voting in favor; none opposed. Agenda Item No. 64A became: ON MOTION OF MR. PARK RESOLUTION NO. 76-12 45 ---PAGE BREAK--- Creating Special Committee Investigations WHEREAS, Cortland County has received allegations of employee misconduct, AND WHEREAS, Cortland County has a duty and responsibility to investigate said alleged acts of misconduct, NOW THEREFORE BE IT RESOLVED that the Cortland County Legislature does hereby create a special committee for the purpose of investigating allegations of employee misconduct, with powers and duties as provided by NYS County Law §209 delegated to the special committee from the County Legislature, AND BE IT FURTHER RESOLVED, the special committee shall consist of five members of the Cortland County Legislature, appointed by the Chairman of the County Legislature. The committee shall be authorized to accept the advice and counsel of citizens not members of the Legislature. Announcements: Ms. Price announced that the County/City/Towns/Villages/Schools committee will meet directly following this meeting to discuss Home Rule authority as it relates to hydraulic fracturing for natural gas. Adjournment Mr. Pace made a motion to adjourn the meeting. Seconded by Mr. Mr. Fuller. The meeting was adjourned. 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 46 ---PAGE BREAK--- 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 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 Cortland County Legislature February 23, 2012 6:00 P.M. Minutes 47 ---PAGE BREAK--- Order of Business Chairman Park opened the meeting at approximately 6:08 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Ms. Cobb, who was excused. Approval of Minutes Mr. Troy made a motion to approve the minutes of the January 26, 2012 Regular Meeting. Seconded by Mr. Parker. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Chairman Park extended Privilege of the Floor to TC3 President Carl Haynes, who gave the 2012 President’s Address. Mr. Ron Rocco of Cortlandville spoke in opposition of Agenda Item No. 27, stating that the County Emergency Interoperable Communications System is far too extravagant and costly, and that the FCC mandate could have been fulfilled by smaller improvements. Dr. Mecke Nagel of Cortland spoke in favor of Public Defender Keith Dayton, and in opposition to Agenda Item No. 3. She asked if the FCC has given an opinion on the necessity of such a large project, and if the FCC has offered free legal advice for the project. She said that US Senator Kirsten Gillibrand has indicated the County’s bandwidth may be obsolete and a few years. Proclamations & Recognitions The Clerk read a proclamation declaring March, 2012 as March for Meals Month in Cortland County. Mr. Fuller presented the proclamation to the Elizabeth Haskins, Director of the Area Agency on Aging, and Patricia Nutrition Program Director, who has worked for the program for 37 years. The Clerk read a proclamation declaring Agriculture Awareness Week in Cortland County. Mr. Ross presented the proclamation to Mr. Paul Fouts, President of the Cortland County Farm Bureau. Receive & File Ms. Price made a motion to Receive and File the County Clerk 2011 Annual Report, the 2011 Annual Report for Weights & Measures, and the State Transportation Audit for year-end 2009. Seconded by Mr. Cornell. All members voting in favor; none opposed. New Business On motion of Chairman. Park; Seconded by Mr. Ross, Agenda Item No. 1 was introduced. Ms. Price thanked Mr. Thomas O’Donnell for his years of service. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 77-12 Appoint Director Capital District Regional Off-Track Betting Corporation RESOLVED, that Thomas O’Donnell’s appointment as Director of the Capital District Regional Off- Track Betting Corporation is terminated this date, AND BE IT FURTHER 48 ---PAGE BREAK--- RESOLVED, that Peter A. Testa, 18 Hickory Park Road, Cortland, NY, 13045, be and hereby is appointed as the Cortland County Director of the Capital District Regional Off Track Betting Corporation to serve at the pleasure of the Cortland County Legislature. On motion of Chairman Park; Seconded by Mr. Troy, Agenda Item No. 2 was introduced. Mr. Ross said membership to the CNY Regional Planning & Development Board has been an integral part of the creation of the Fingerlakes East Business Park in Cortlandville. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION NO. 78-12 Appoint Members Central New York Regional Planning and Development Board WHEREAS, Legislative Chairman, Michael Park and Chairman of Agriculture Committee Danny Ross become ex-officio members of the CNY Regional Planning and Development Board with terms to expire 12/31/13, AND WHEREAS, the terms of Walter Tennant, Jim Murphy Donal Spaulding and Dan Dineen have expired on the Central New York Regional Planning and Development Board, NOW THEREFORE BE IT RESOLVED, that the following be re-appointed in conformance with the Regional Planning and Development Board By-Laws: Walter Tennant At Large Member Term expires 12/31/13 Dan Dineen Planning Representative Term expires 12/31/13 Jim Murphy At Large Member Term expires 12/31/13 Donal Spaulding Legislature Representative Term expires 12/31/13 Don Chambers Highway Representative Term expires 12/31/13 On motion of Chairman Park; Seconded by Ms. Arnold, Agenda Item No. 3 was introduced. Mr. Park asked for a motion to hold an executive session to discuss a personnel matter in relation to the appointment of Public Defender. Ms. Arnold made a motion to hold an executive session; seconded by Mr. Natoli. Legislators Arnold, Boyden, Cornell, Fuller, Natoli, Pace, Ross, Whitney, and Park voting in favor; Legislators Briggs, Bushnell, Hartnett, Parker, Price, Spaulding, Troy, Wheelock, Willcox were opposed (Cobb excused). The motion failed with a weighted vote of 24,219. Mr. Pace spoke in favor of appointing Ms. Franklin, saying he has “nothing but wonderful comments” about her work ethic. Mr. Park asked for a roll-call vote. Legislators Arnold, Fuller, Pace, Ross, Spaulding, Troy, Whitney, Willcox, and Park voted in favor; Legislators Boyden, Briggs, Bushnell, Cornell, Hartnett, Natoli, Parker, Price, and Wheelock were opposed. (Cobb excused). The motion failed with a weighted vote of 23,323. On motion of Mr. Troy; Seconded by Ms. Price, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. TROY RESOLUTION NO. 79-12 49 ---PAGE BREAK--- Authorize Amended Agreement Health Department/Administration Cancer Services Program WHEREAS, Resolution #131-08 gave the Cortland County Health Dept. permission to enter into an agreement with New York State Dept. of Health, Integrated Cancer Services Program for the period 04/01/08 – 03/31/13 to provide screenings and education for the Cancer Services Program Breast, Cervical, and Colorectal Cancer Partnerships of Cortland and Tompkins Counties, AND WHEREAS, funding for the period (4/1/11-3/31/12) is in the amount of $146,916, AND WHEREAS, $140,494 is already in the budget in accounts A40105.51005 $89,007 (Personnel), A40105.58020-58060 $42,110 (Fringe), A40105.54001-54500 $9,377 (Contractual), and A401043.43450.4007 $140,494 (Cancer Screening Revenue), NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget is hereby amended as follows: Increase: Expense: A40105.52060.4007 Computer Equipment $4,000 A40105.54020.4007 Postage 900 A40105.54055.4007 Professional Services 1,260 A40105.54060.4007 Advertising 262 Increase: Revenue: A401043.43450.4007 Cancer Screening $6,422 , AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign this amended agreement with New York State Dept. of Health. On motion of Mr. Troy; Seconded by Ms. Price, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. TROY RESOLUTION NO. 80-12 Authorize Agreement Health Department/Administration (Joel Lalone Consulting) WHEREAS, the Cortland County Health Department contracts with Joel Lalone Consulting for data analysis for the Tobacco Use telephone survey in the amount of $10,000, AND WHEREAS, the current contract expired June 30, 2011, AND WHEREAS, the Cortland County Health Department desires to renew the contract for the period of January 1, 2012 through December 31, 2013, AND 50 ---PAGE BREAK--- WHEREAS, the term for this agreement shall include a ninety-day extension clause, allowing the respective agreement to be extended until March 31, 2014, if a successor agreement is not executed by January 1, 2014, AND WHEREAS, $7,500 of this expenditure is in the 2012 budget in Expenditure Account A40105.54055.4002 (Contractual) and Revenue Account A401043.43450.4002 $7,500 (Tobacco Grant), NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be amended as follows: Increase: Expenses: A40105.54055.4002 Professional Services $2,500 Increase: Revenue: A401043.43450.4002 Tobacco Use Prevent Grant $2,500 , AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney, are hereby authorized and directed to execute an agreement with Joel Lalone Consulting. On motion of Mr. Troy; Seconded by Mr. Spaulding, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. TROY RESOLUTION NO. 81-12 Authorize Agreement/Accept Funds Health Department/Children With Special Needs Program (EIP NYS GRANT) WHEREAS, continued funding from the NYS Department of Health is available in the amount of $34,278 for the Early Intervention Program (EIP), for the contract period October 1, 2011 through September 30, 2012, AND WHEREAS, $33,408 of these funds are already in the budget in Expenditure Accounts A40595.51005, $32,908 (Personnel), A40595.54000-54500.4052, $500 (Contractual) and Revenue Account A405944.44451, $33,408, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be amended as follows: Increase: Expenses: A40595.54035.4052 Education & Training $150 A40595.54045.4052 Travel & Subsistence $720 Increase: Revenue: 51 ---PAGE BREAK--- A405944.44451 EIP Administration $870 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the NYS Department of Health to accept these funds. On motion of Mr. Troy; Seconded by Mr. Spaulding, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. TROY RESOLUTION NO. 82-12 Amend 2012 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 as well as patient’s medical supplies, related to the sale of the Certified Home Health Agency, AND WHEREAS, the cost of paying the expenses was not budgeted, but is incurred due to the pending sale of the Certified Home Health Agency, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget is hereby amended as follows: Increase: Expenses: A40115.54006 Medical Supplies $ 2,000 A40115.54500 Patient Expense $296,275 A40115.54120 Special Assessment $ 1,725 Increase: Revenue: A401142.41610 Nursing Fees $300,000 , AND BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized to transfer appropriate monies to cover patient expenses until the sale of the Certified Home Health Agency has been completed. On motion of Mr. Troy; Seconded by Mr. Cornell, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. TROY RESOLUTION NO. 83-12 Authorize Agreement Health Department/Environmental Health Engineering Services 52 ---PAGE BREAK--- 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 February 1, 2012, through December 31, 2012, AND WHEREAS, the costs of the tasks assigned by the Public Health Director under the term agreement shall not exceed the $ 5,000 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. On motion of Mr. Troy; Seconded by Mr. Bushnell, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. TROY RESOLUTION NO. 84-12 Amend Budget Health Department/Administration (Community Partnerships for Tobacco Control Program) WHEREAS, the Cortland County Health Dept. has been awarded an additional money in the form of a Cost of Living Adjustment to the Community Partnerships for Tobacco Control Program funded by the NYS Dept. of Health for the period 4/1/11 through 3/31/12 to prevent and reduce tobacco use through local involvement and partnership, NOW THEREFORE BE IT RESOLVED, that the 2012 Budget be amended as follows: Increase: Expenses: A40105.52060.4002 Computer Equipment $1,600 A40105.54060.4002 Advertising $5,327 Increase: Revenue: A401043.43450.4002 Tobacco Revenue $6,927 53 ---PAGE BREAK--- On motion of Mr. Troy; Seconded by Ms. Price, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. TROY RESOLUTION NO. 85-12 Amend Budget Health Department/Administration (Integrated Cancer Services Program) WHEREAS, the Cortland County Health Dept. has been awarded additional money in the form of a Cost of Living Adjustment to the Integrated Cancer Services Program funded by the NYS Dept. of Health for the period 4/1/11 through 3/31/12 to provide screenings and education for breast, cervical and colorectal cancer local involvement and partnership, NOW THEREFORE BE IT RESOLVED, that the 2012 Budget be amended as follows: Increase: Expenses: A40105.54020.4007 Postage $ 400 A40105.54035.4007 Education & Training $1,500 A40105.54060.4007 Advertising $4,253 Increase: Revenue: A401043.43450.4007 Cancer Screening $6,153 On motion of Mr. Troy; Seconded by Mr. Cornell, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. TROY RESOLUTION NO. 86-12 Amend Terms of 2012 Contract Between Mental Health Department and Accumedic Computer Systems WHEREAS, the terms on the 2012 contract between Cortland County Community Services Board and Accumedic Computer Systems are listed as 12/31/2011 to 12/31/2012. AND WHEREAS, the Start and end date on the 2012 invoice sent by Accumedic Computer Systems are listed as 10/1/2011 to 9/30/2012, AND WHEREAS, the terms on the 2012 Contract between Cortland County Community Services Board and the contract did not match the start and end date on the 2012 invoice sent by Accumedic Computer Systems, NOW THEREFORE BE IT RESOLVED, that ARTICLE 2 of the 2012 Contract between Cortland County Community Service and Accumedic Computer Systems be amended to read: “The CONTRACTOR agrees to perform the services and/or supply goods beginning October 1, 2011 and ending September 30, 2012.” 54 ---PAGE BREAK--- On motion of Mr. Troy; Seconded by Mr. Natoli, Agenda Item No. 12 was introduced. The clerk clarified that the rent payment shall be $6,703.33. Mr. Willcox asked about the $1,500 annual payment. Mental Health Director Mark Thayer said that payment is for outdoor maintenance such as snow plowing and mowing the lawn. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. TROY RESOLUTION NO. 87-12 Authorize Agreement/Renewal of Lease for Mental Health Department Offices At 1-5 Clayton Avenue, Cortland, N.Y. WHEREAS, the current lease for offices of the Cortland County Mental Health Department at 1-5 Clayton Avenue expired on December 31, 2011, 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, 2012 to December 31, 2017 at the same rate of $6,703.33 for rent and $1,500.00 for annual outside maintenance. On motion of Mr. Fuller; Seconded by Mr. Troy, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 88-12 Amend Budget/Transfer Funds Highway Department/Recycling WHEREAS, the 2012 Budget did not include sufficient funds to service the equipment at the County Recycling Center, AND WHEREAS, an estimate has been obtained to perform the needed baler service, NOW THEREFORE BE IT RESOLVED, that the County Highway Superintendent is hereby authorized to approve the necessary service, AND BE IT FURTHER RESOLVED, that the 2012 Adopted County Budget is hereby amended as follows: Decrease: Expense: EL81615.51005 Personal Services $15,000. Increase: Expense: EL81615.54050 Equipment Maint/Repair $15,000. 55 ---PAGE BREAK--- On motion of Mr. Fuller; Seconded by Mr. Bushnell, Agenda Item No. 14 was introduced. County Administrator Martin Murphy said at money was taken from this account to balance the budget, and now that the money is now going back into the Equipment Fund. This is ac practice that started several years ago and he is working to correct it. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 89-12 Amend 2012 Budget Transfer Funds Highway Department WHEREAS, the 2012 County Road Fund Budget was balanced by transferring $604,550.00 from the surplus in the Road Machinery Budget, AND WHEREAS, the 2011 County Road Fund Budget has a surplus balance in excess of $380,000.00, AND WHEREAS, the County Highway Superintendent has recommended the $380,000.00 surplus in the 2011 County Road Fund Budget should be transferred to the 2012 Road Machinery Fund, NOW THEREFORE BE IT RESOLVED, that the 2012 County budget be amended as follows: Decrease: Revenue: D501042.45035 Inter-fund Transfer Revenue $380,000.00 Expense: E99015.59522 Transfer to County Rd. Fund $380,000.00 On motion of Mr. Fuller; Seconded by Mr. Bushnell, Agenda Item No. 15 was introduced. Mr. Fuller said the price for salt has yet to be determined, so there is no figure in the resolution at this time, but that it will be purchased off of OGS State Bid. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. FULLER RESOLUTION NO. 90-12 Approval to Purchase Road Salt State of New York Office of General Services Highway Department WHEREAS, the Highway Superintendent has recommended the purchase of an estimated 13,500 tons of Road Salt during the September 1, 2012 to August 31, 2013 contract period under the State of New York Office of General Services contract(NYSOGS), AND WHEREAS, the NYSOGS requires Cortland County to estimate an amount to be ordered prior to the NYSOGS bid opening, AND WHEREAS, the NYSOGS requires Cortland County to purchase a minimum of 70% of the estimated Road Salt order, AND 56 ---PAGE BREAK--- WHEREAS, the NYSOGS will guarantee the bid price for Road Salt up to 120% of the estimated Road Salt order, NOW THEREFORE BE IT RESOLVED, the amount paid for Road Salt shall not to exceed the amount appropriated by the Cortland County Legislature for the purchase of Road Salt for the 2012 and 2013 budget years, AND BE IT FURTHER RESOLVED, that the Cortland County Highway Superintendent be and is hereby authorized to place an order with NYSOGS for an estimated 13,500 tons of Road Salt for the September 1, 2012 to August 31, 2013 contract period, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51105.54077.7800, Salt Account for the purchase of Road Salt. On motion of Mr. Fuller; Seconded by Mr. Troy, Agenda Item No. 16 was introduced. Mr. Troy said the Highway Committee had many concerns about this, as it is one of the first times Dwyer Park is being utilized in this way. He thanked Mr. Purser for addressing those concerns in the contract. Ms. Briggs said she is not on the Highway Committee and has not had an opportunity to review the contract, and will therefore be voting against it, and suggested it go back to the committee for further review. All members voting in favor; except Legislators Hartnett, Price, Briggs, and Boyden. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 91-12 Authorize Agreement Dwyer Park 2012 Celtic Festival Highway Department WHEREAS, the Cortland Celtic Cultural Association has requested the Dwyer Park at Little York Lake on August 18th & 19th, 2012 to be the location of the 2012 Cortland County Celtic Festival, AND WHEREAS, the Highway Committee approved the use of the Dwyer Park at Little York Lake to be the location of the 2012 Cortland County Celtic Festival at the November 1st, 2011 meeting, AND WHEREAS, the Highway Committee has directed the Highway Superintendent and the County Attorney to prepare an agreement for the said Festival, AND WHEREAS, an agreement has been established and approved by the County Attorney NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with the Cortland Celtic Cultural Association dba Cortland Celtic Festival, PO Box 5725, Cortland, New York 13045. On motion of Mr. Ross; Seconded by Mr. Cornell, Agenda Item No. 17 was introduced. Mr. Ross said this is to accept grant money for the Mobility Manager services. He said there are no County dollars being spent. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. ROSS RESOLUTION NO. 92-12 57 ---PAGE BREAK--- Amend 2012 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 WHEREAS, Resolution No. 136-11 authorized to amend the 2011 budget in order to continue the program in 2011, NOW THEREFORE BE IT RESOLVED, that the 2012 budget be amended as follows in order to complete the 2011 fourth quarter final payment on the JARC Grant: Increase: Expense Section 5316 JARC Program A80205.54055.8021 $23,231.52 Increase Revenue JARC Program/State/Federal A802043.43594.8021 $23,231.52 On motion of Mr. Ross; Seconded by Ms. Price, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. ROSS RESOLUTION NO. 93-12 Amend 2012 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 58 ---PAGE BREAK--- 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, Resolution 137-11 authorized to amend the 2011 budget in order to continue the program in 2011, NOW THEREFORE BE IT RESOLVED, that the 2012 budget be amended as follows in order to complete the 2011 fourth quarter final payment on the New Freedom grant: Increase: Expense Section 5317 NF Program A80205.54055.8022 $23,232.34 Increase Revenue 5317 Program/State/Federal A802043.43594.8022 $23,232.34 On motion of Mr. Ross; Seconded by Mr. Troy, Agenda Item No. 19 was introduced. Mr. Ross said this is a very successful program that allows for students and employees of Cornell to get to and from Cortland, saving money and helping the environment. He said the agreement must be signed to allow Cortland County busses to travel through Tompkins County to Cornell. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. ROSS RESOLUTION NO. 94-12 Authorize Agreement Cortland County Planning Department Cortland County and Tompkins County Transportation to Cornell WHEREAS, there are a large number of residents of Cortland County who are employed by Cornell University and therefore commute to the University on a daily basis, AND WHEREAS, Resolution 115-07 authorized an agreement with First Transit, Inc. to add language indemnifying Cortland County regarding any intermunicipal agreements, AND WHEREAS, Resolution 116-07 authorized the agreement between Cortland County and Tompkins County to provide a commuter bus service to Cornell University located in Tompkins County, AND WHEREAS, that agreement will expire on May 31, 2012, AND WHEREAS, Cortland County proposes to continue the bus service to Cornell University and enter into an agreement with Tompkins County to provide a commuter bus service to Cornell University located in Tompkins County for a period of 5 years, beginning June 1, 2012 ending May 31, 2017, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislator, upon review by the County Attorney, be and hereby authorized to enter into an agreement between Cortland County and Tompkins County to provide a commuter bus service to Cornell University located in Tompkins County. 59 ---PAGE BREAK--- On motion of Mr. Cornell; Seconded by Mr. Troy, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item no. 20 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 95-12 Approve Contract/Receive Funds Cortland County Board of Elections Polling Sites Access Improvements WHEREAS, the Cortland County Board of Elections has applied for a grant to improve access to polling places in Cortland County, AND WHEREAS, the New York State Board of Elections has allocated $0.00 for New York State funds and $2020.00 in Federal Funds to improve handicap access to polling sites in Cortland County, NOW THERFORE BE IT, RESOLVED, that the Chairperson of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized to sign the contract between the Cortland County Board of Elections and the New York State Board of Elections for Polling Site Access Improvement in Cortland County, AND BE IT FURTHER RESOLVED, that the 2012 budget be amended by establishing the following amounts: Increase: Expenses: A14505 52075 1450 Improve Polling Site Handicap accessibility $2020.00 Revenues: A14505 44089 1450 Federal HAVA $2020.00 On motion of Ms. Price; Seconded by Mr. Spaulding, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MS. PRICE RESOLUTION NO. 96-12 Authorize Agreement Department of Social Services (Office of Temporary and Disability Assistance) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the New York State Office of Temporary and Disability Assistance for the acquisition and utilization of personal computer equipment, AND WHEREAS, there is no cost to the County, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement with the New York State Office of Temporary and Disability Assistance. 60 ---PAGE BREAK--- On motion of Ms. Price; Seconded by Mr. Troy, Agenda Item No. 22 was introduced. Ms. Price said that a favorable performance evaluation was performed in 2011 for Ms. Monroe, and that she is an exemplary Department Head. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MS. PRICE RESOLUTION NO. 97-12 Re-Appoint Commissioner of Social Services Department of Social Services WHEREAS, the Cortland County Legislature, through Resolution No. 274-02, appointed Kristen Monroe as the Commissioner of Social Services on July 10, 2002 for a five-year term ending July 9, 2007 and re-appointed through Resolution No.152-07 on July 10, 2007 for a five-year term ending July 9, 2012 pursuant to Section 116 of Social Services Law, AND WHEREAS, the County Administrator, pursuant to Section 5 of Local Law No. 7 of year 2002 is responsible for making recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Administrator, after evaluation, recommends the reappointment of Kristen Monroe as Commissioner of Social Services, AND WHEREAS, the Human Services Committee, after conducting their evaluation and reviewing the evaluation and recommendation of the County Administrator, concurs with the County Administrator’s recommendation of reappointment, NOW THEREFORE BE IT RESOLVED, that Kristen Monroe, Homer NY be and is hereby appointed for a term commencing July 10, 2012 and ending July 9, 2017, and shall be compensated in accordance with the Management and Management Confidential Compensation Policy as may be amended from time to time. On motion of Mr. Whitney; Seconded by Mr. Cornell, Agenda Item No. 23 was introduced. Mr. Whitney said Onondaga County is “spear-heading” this project to determine if there are opportunities for shared services among Onondaga, Cortland, Oswego, Madison and Cayuga counties. He said he does not expect much to come from this grant, however having this done will likely be a catalyst for many other grant opportunities. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 98-12 Authorize Agreement – Participate In A Study Regarding Shared Public Safety Communications Center Services With Onondaga County WHEREAS, the Counties of Onondaga, Oswego, Madison, Cayuga and Cortland desire to consider the implications of sharing Public Safety Communication Center services, as well as the possible consolidation of those services, AND WHEREAS, sharing of such services will likely result in a streamlining of municipal resources and will promote municipal economy in all five counties, AND WHEREAS, Onondaga County will act as the lead agency and submit an application for this grant on behalf of the participating counties, NOW THEREFORE BE IT 61 ---PAGE BREAK--- RESOLVED, that the maximum amount of money to be applied for in the grant application shall be $25,000 per county, with each county contributing a maximum local share of $2,500 toward the study, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the agreement on behalf of Cortland County, upon the approval of the County Attorney. On motion of Mr. Whitney; Seconded by Mr. Cornell, Agenda Item No. 24 was introduced. Mr. Pace and Ms. Price thanked Mr. Whitney and all members of the Communications Advisory Board for the hard work that went into this grant application and its success. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 99-12 Accept Grant/Amend Budget Information Technology (Statewide Interoperable Communications Grant Program) WHEREAS, Cortland County has received a grant from the Statewide Interoperable Communications Grant Program provided by the New York State Department of Homeland Security and Emergency Services in the amount of $4,000,000.00 to be used to for the Cortland County Interoperable Emergency Communications System, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement with the NYS Office of Homeland Security and Emergency Services to accept these additional funds, AND BE IT FURTHER RESOLVED, that the County Budget be and hereby is amended as follows: Increase: Expense: H16805.52060.1682 Inter. Emerg. Comm.System/Equipment $4,000,000.00 Revenue: H168043.43097.1682 Inter. Emerg. Comm.System/NYS Revenue $4,000,000.00 On motion of Mr. Whitney; Seconded by Mr. Cornell, Agenda Item No. 25 was introduced. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 100-12 Amend 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 facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which 62 ---PAGE BREAK--- program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), AND WHEREAS, a prior resolution No. 296-11 was approved in the amount of $25,667, it is requested this amount will be increased by $10745.54 to reflect the new OCFS budget amount of $36,412.54 for their 2011 fiscal year ending January 31, 2012, 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, to pay the expenses of running the CAP and CAP, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement for the time period of January 1, 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 $36,412.54, AND BE IT FURTHER RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Expense: CAP $36,412.54 Revenue: A 43089 1160 OCFS $36,412.54 On motion of Mr. Pace; Seconded by Mr. Cornell, Agenda Item No. 26 was introduced. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PACE RESOLUTION NO. 101-12 Authorize Payment Surplus Sales Tax Treasurer’s Office WHEREAS, the County Treasurer has reported that following the distribution of the Cortland County Sales Tax Revenue for the year 2011, there is a surplus of $31,501.47 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 2011 tax levy: Lapeer $ 15,195.82 Solon $ 16,305.65 , NOW THEREFORE BE IT RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the above mentioned towns, the surplus sales tax amounts indicated above on or after February 23, 2011. 63 ---PAGE BREAK--- On motion of Mr. Pace; Seconded by Mr. Whitney, Agenda Item No. 27 was introduced. Mr. Pace said the project had been studied and analyzed for more than a year, which will improve communication coverage up to about 97%, where as the FCC compliance option costing only $3-$4 million would have actually cut coverage to about 47%. Ms. Arnold said that original estimates for the project were $16 million, but actual costs are at about $14 million, and two grants have been received for $4 million, further cutting the costs. Mr. Park said these bonds will be covering the “hard assets” such as towers. The County will be leasing the rest of the project, such as radios and equipment from Motorola, and those costs can be offset by further grants, while the bonds may not. Mr. Willcox said the $14 million cost does not include interest, which is significant for a project this large. Ms. Briggs asked about additional costs of about $100,000 due to software problems with New World Systems. Mr. Whitney explained that New World had told the County its software would be compatible with the new system. However, subsequent to the County withholding payment due to other issues with New World, the company has declared its current software will not be compatible, and an upgrade will need to be created. He said the $100,000 figure is an estimate. Mr. Park said the contingency portion of the project, for things exactly like this, was proposed as $600,000. Mr. Whitney said the state of New York has already tried to build out a state-wide network, and the project failed, which put counties in the position they are in today. He said legislation just passed and referenced by Senator Gillibrand will only affect larger cities like New York or Los Angeles. He said the County’s consultant, Federal Engineering has also concurred that the legislation will not affect the County or its project. Mr. Murphy introduced John Shehadi of Fiscal Advisor’s. Mr. Shehadi explained that this is a 25-year bond, and they will be sold in the amount that is needed. Mr. Hartnett asked what affect this will have on the County’s constitutional taxing limit. Mr. Murphy said with this bond, and the lease, the County will be at about 94% of its taxing limit. He said the County only has two major sources of income – property taxes and sales tax, an he will be proposing the County keep additional sales tax to help offset the cost of this project. Mr. Park called for a roll call vote. Legislators Arnold, Boyden, Bushnell, Cornell, Fuller, Natoli, Pace, Parker, Price, Ross, Spaulding, Troy, Wheelock, Whitney, Willcox and Park voting in favor, and Legislators Briggs and Hartnett opposed. (Cobb excused). The motion was approved with a weighted vote of 41,159 (2/3 or 32,400 votes needed). Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 102-12 BOND RESOLUTION OF THE COUNTY OF CORTLAND, NEW YORK, ADOPTED ON FEBRUARY 23, 2012 AUTHORIZING ISSUANCE OF $3,450,000 BONDS OF THE COUNTY OF CORTLAND TO PAY A PORTION OF THE COSTS OF CONSTRUCTION OF THE COUNTY’S INTEROPERABLE TELE- COMMUNICATIONS SYSTEM. WHEREAS, the Legislature of the County of Cortland, New York (“County”) previously identified the need for undertaking a Interoperable Telecommunications System Project (the “Telecommunications Project”); and WHEREAS, the Telecommunications Project was 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 Legislature declared its intent to be lead agency for review of the Telecommunications Project and directed that other potentially involved agencies be notified in accordance with SEQRA and no objection was raised to the designation of the County Legislature as lead agency; and 64 ---PAGE BREAK--- WHEREAS, the County previously expressed its intention to retain a contractor to design the Telecommunications Project, and legal counsel and engineering firms to assist the County with undertaking a thorough environmental review of the Telecommunications 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 duly adopted on February 15, 2011, the County determined that a separate environmental review of the Design Component does not constitute impermissible segmentation of the environmental review of the Telecommunications 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.; and WHEREAS, by a bond resolution duly adopted on February 15, 2011, the County authorized undertaking the Design Component, authorized the issuance of up to $50,000 bonds of the County to pay the costs of the Design Component, and set forth a plan of finance that contemplated the issuance of up to $15,950,000 of additional bonds of the County pursuant to future bond resolutions to be adopted following completion of the SEQRA review process of the Telecommunications Project; and WHEREAS, the County subsequently engaged the services of 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 Telecommunications Project and compliance with SEQRA; and WHEREAS, the County also engaged Patrick M. Snyder, Esq, as Special SEQRA Legal Counsel with respect to the legal matters associated with SEQRA compliance for the Telecommunications Project; and WHEREAS, the County Legislature subsequently declared itself lead agent for purposes of the environmental review of the Telecommunications Project and, following a thorough review of a Full Environmental Assessment Form (EAF) prepared and reviewed by Kenneth J. Teter and Patrick M. Snyder, Esq., the County Legislature considered all impacts and issues related to the Telecommunications Project and utilized the criteria presented in the Regulations and, upon the recommendation of Kenneth J. Teter and Patrick M. Snyder, Esq., the County Legislature determined by resolution dated September 22, 2011 that the Telecommunications Project will not have a significant adverse environmental impact and further resolved to issue and publish a Negative Declaration in accordance with the Regulations; and WHEREAS, the County has determined to finance a significant portion of the Telecommunications Project by leasing certain equipment from Motorola, Inc. and desires to finance the balance of the Telecommunications Project, consisting of land acquisition, construction of cell towers and certain related shelters consisting of class buildings for purposes of subdivision 11(a) of Section 11.00 of the Local Finance Law (collectively, the “Building Component”), through the issuance of bonds and notes of the County, NOW THEREFORE BE IT RESOLVED ON FEBRUARY 23, 2012 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 Building Component, including all related construction, renovations, site improvements, furnishings, fixtures and equipment required for such 65 ---PAGE BREAK--- 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 $3,450,000 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the Building Component is hereby approved. Section 2. The plan for the financing the Building Component, having a maximum estimated cost of $3,500,000, shall be as follows: By the issuance of up to $50,000 bonds and notes (including renewals) of the County authorized by the County Bond Resolution adopted on February 15, 2011; and By the issuance of up to $3,450,000 bonds and notes (including renewals) of the County pursuant this bond resolution; and By the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 3. The faith and credit of the County 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 the County shall be subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, 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 66 ---PAGE BREAK--- faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 8. The following additional matters are hereby determined and declared: Pursuant to subdivision 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 period of probable usefulness of the Building Component is 25 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 Building 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 the 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. Mr. Park said that he will pull Agenda Item No. 28 from consideration (Create/Appoint Solid Waste Management Advisory Board). He said many legislators have asked for additional conversation and input as to the goal of this board, and that he would like to call for a special workshop for legislators to discuss the future of the Solid Waste program. He asked the Clerk to poll legislators to determine the best time for the meeting. 67 ---PAGE BREAK--- Announcements: Ms. Price announced that the County/City/Towns/Villages/Schools committee will meet directly following this meeting to discuss an outbreak of Hepatitis C in Cortland County, and how this affects, and is affected by, the County jail population. Mr. Troy said the Public Defender position is now vacant, as the resolution failed, and Mr. Dayton’s resignation will be effective on Feb. 24. He asked what the process will be to fill the position and what will be done in the interim. Mr. Purser said the County should follow its Rules of Order and the Citizen’s Advisory Committee shall continue to meet and make recommendations until the position is filled. He also said a motion can be made from the floor to appoint another candidate. Mr. Willcox said that some members of the Citizen’s Advisory Committee had been provided additional information that he was not provided, and he wants to know what he missed. Mr. Cornell said the committee was limited by the Rules of Order and who was allowed to participate in interviews. He said the position is legal in nature, and the committee does not necessarily have the expertise to properly interview candidates. Ms. Briggs said all legislators have taken office and have been sworn in, and therefore the issue should go to the Personnel Committee. Mr. Park directed Mr. Cornell to convene the Citizen’s Advisory Committee and to continue to meet and to make another recommendation. Adjournment Mr. Spaulding made a motion to adjourn the meeting. Seconded by Mr. Fuller. The meeting was adjourned. Cortland County Legislature March 8, 2012 6:00 P.M. Minutes – Special Meeting Order of Business Chairman Park 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 Mr. Cornell, who was excused. New Business Agenda Item No. 1 was introduced on the motion of Mr. Troy; seconded by Mr. Spaulding. Mr. Troy thanked County Administrator Martin Murphy, Public Health Director Catherine Feuerherm and County Attorney Ed Purser and Mr. Pace for their efforts in the negotiations with HCR. Mr. Murphy said the NYS Public Health Council has lifted the moratorium on the necessity of a certificate of need to operate, and this negotiated deal, half of what was originally offered, is the best the County can hope for. Mr. Pace said that despite this lower payment, clients of HCR are receiving excellent services, above and beyond what was previously provided. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. TROY RESOLUTION NO. 103-12 Authorize Amendment/Transfer Certificate of Need 68 ---PAGE BREAK--- Cortland County Certified Home Health Agency/HCR Health Department WHEREAS, Cortland County requested proposals for the transfer of the County’s Certified Home Health Agency’s Certificate of Need, AND WHEREAS, Resolution No. 313-10 authorized an agreement and transfer the County’s Certificate of Need to HCR, 85 Metro Park, Rochester, NY 14623, AND WHEREAS, it is necessary to amend the terms of the Asset Management Agreement with HCR, NOW THEREFORE BE IT RESOLVED that the Chairman of the Legislature upon approval by the County Attorney is hereby authorized and directed to amend the Asset Management Agreement with HCR, in accordance with the attached. Agenda Item No. 2 was introduced on the motion of Mr. Whitney; seconded by Mr. Troy. Mr. Whitney said that the County had hoped to co-locate equipment on two existing American Tower sites. However American Tower has requested lease fees far beyond what the County is willing to pay Tower Road $1,500 per month, and Piety Hill for $2,00 per month). Therefore the project will proceed with two new, County- owned towers. This will also ensure the County owns all aspects of the project, rather than relying on an outside agency. Mr. Murphy said the cost of the project is still within the original scope of the project, and these costs will not be taken out of the contingency account for this project. Mr. Park asked for a roll-call vote. All members present voting in favor; none opposed (Cornell excused). Agenda Item No. 2 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 104-12 Resolution To Authorize Execution Of Option Agreements To Purchase Two 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 a need for an Option to Purchase Agreement on two parcels of land 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 not to exceed 200’ x 200’: 1. FARM East, LLC. N. Tower Road, Town of Solon Tax Parcel No.: 70.00-01-13.200 2. Donald E. Knickerbocker 69 ---PAGE BREAK--- Kim M. Knickerbocker Knickerbocker Road, Town of Cincinnatus Tax Parcel No.: 112.00-01-09.111 , AND BE IT FURTHER RESOLVED, that the County Attorney prepare and approve the necessary documents to complete the Option Agreement. Announcements: Ms. Price announced that the County/City/Towns/Villages/Schools committee will meet directly following this meeting to discuss an outbreak of Hepatitis C in Cortland County, and how this affects, and is affected by, the County jail population. Adjournment Ms. Cobb made a motion to adjourn the meeting. Seconded by Ms. Briggs. The meeting was adjourned. Cortland County Legislature March 22, 2012 6:00 P.M. Minutes Order of Business Chairman Park opened the meeting at approximately 6:02 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 February 23, 2012 Regular Meeting. Seconded by Mr. Cornell. Ms. Arnold noted a correction on page 19. All members voting in favor; none opposed. The minutes were approved pending a correction. Privilege of the Floor County Clerk Elizabeth Larkin spoke regarding a scam to provide homeowners with certified copies of their deeds. Scammers are going door to door, or sending mailings, offering this service, which is a legal service, for exorbitant prices. She advised that any of the documents being offered can be provided at the County Clerk’s office at a lower cost. Liz Haskins, Director of the Area Agency on Aging, spoke regarding to recent scams targeting seniors. She warned seniors not to provide their Social Security numbers or other personal information to non-trusted sources. Other seniors are getting calls from people claiming to be grand children who are overseas and in need of money to return home. Proclamations & Recognitions 70 ---PAGE BREAK--- The Clerk read a proclamation April 15-21 as National Volunteer Week in Cortland County. Mr. Fuller, who serves on the RSVP board presented the proclamation to RSVP Director Cindy Stout, and volunteer Elaine Menapace. The Clerk read a recognition of Marathon School District’s Lucas Malmberg for bringing home his second consecutive NYS wrestling title. Mr. Malmberg thanked the legislature, his coaches and parents. The Clerk read a recognition honoring Sydney McEvoy, Director of Cornell Cooperative Extension, who will retire at the end of the month. Mr. McEvoy has served Cooperative Extension for 32 years, creating dozens of successful programs and positively influencing thousands of children. Receive & File Ms. Price made a motion to Receive and File the proclamation and two recognitions. Seconded by Mr. Troy. All members voting in favor; none opposed. New Business Agenda Item No. 1 was introduced on the motion of Mr. Park, seconded by Mr. Cornell. Mr. Troy said the Youth Board is still in need of one more youth position. All members voting in favor; none opposed. The resolution was approved, and Agenda Item No. 1 became: ON MOTION OF MR. TROY RESOLUTION NO. 105-12 Appoint Members Cortland County Youth Board RESOLVED, that the following persons be and hereby are appointed to the Cortland County Youth Board, to serve without compensation for the following terms. Nolan Moore 2817 Webb Road 3/1/12 – 2/28/14 Youth Representative Cortland, NY 13045 Brian Rozewski 3216 Page Green Road 3/1/12 – 2/28/14 CAPCO Cortland, NY 13045 Christella Yonta 30 Valley View Drive 3/1/12 – 2/28/14 Seven Valley Health Coalition Cortland, NY 13045 Michelle Whalen 3736 Prospect Street 3/1/12/- 2/28/14 CACTC Truxton, New York13158 Agenda Item No. 2 was introduced on the motion of Mr. Park, seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 2 became: ON THE MOTION OF MR. PARK RESOLUTION NO. 106-12 Appoint Public Defender WHEREAS, Local Law No. 2 of 1966 provided for the creation of the Public Defender’s Office and established the term of office for the position of Public Defender, AND 71 ---PAGE BREAK--- WHEREAS, the Cortland County Legislature’s Rules of Order call for a Citizen’s Advisory Committee to review applications and interview candidates to make a recommendation to this legislature, and said committee has recommended the appointment of Edward Goehler, NOW THEREFORE BE IT RESOLVED, that Edward Goehler is hereby appointed Public Defender for a two year and shall be compensated in accordance with the Management/Management Confidential Employment Policy. Mr. Park said now that the appointment has been made, the Citizen’s Advisory Committee is hereby abolished. Agenda Item No. 3 was introduced on the motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 107-12 Appoint Member Jury Board WHEREAS, it is required pursuant to Article 16, Section 503a, 1 of Judiciary Law that one Legislator be appointed to the Cortland County Jury Board, NOW THEREFORE BE IT RESOLVED, that Richard Bushnell (LD-5) is hereby appointed to the Cortland County Jury Board for a term commencing immediately and ending December 31, 2013. Agenda Item No. 4 was introduced on the motion of Mr. Park. Seconded by Ms. Briggs. The Clerk said that in addition to this resolution the Chairman has sent letters to state representatives and he will send draft letters to legislators to send if they choose. Mr. Ross also noted that the Legislature’s website has an easy link to contact state representative requesting mandate relief. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 108-12 Resolution Calling On All Counties To Unite To Bring About Real And Meaningful Mandate Relief In New York State WHEREAS, At the 2012 NYSAC Legislative Conference in Albany, the membership of NYSAC adopted 28 separate and distinct resolutions concerning the 2012/13 State Budget and its impact on county agencies, AND WHEREAS, State mandates are the number one barrier to providing property tax relief to New Yorkers; AND WHEREAS, There are nine State mandates that consume more than 90 percent of the county property tax levy statewide, and that amount grows when the many other State mandates are included, AND WHEREAS, There is a need for counties to unify behind a common message to preserve local service delivery and stabilize local property taxes, AND 72 ---PAGE BREAK--- WHEREAS, To assist in informing the public, counties from across the state must continue to educate the public of the impact on local service delivery and property taxes should the state not provide meaningful mandate relief in 2012, NOW THEREFORE BE IT RESOLVED, That the Cortland County Legislature hereby calls upon counties to come together in partnership with NYSAC to influence the enactment of serious mandate relief measures by the New York State Legislature, the Governor, and all Executive Agencies, AND BE IT FURTHER RESOLVED, That each and every County Board in New York State that favors action during the 2012 Legislative session for major mandate relief is hereby urged to take all actions necessary and proper at the local level to inform the citizens of the need for mandate and the impact on local service delivery and property taxes, AND BE IT FURTHER RESOLVED, That the Clerk of the Cortland County Legislature is hereby directed to forward a certified copy of this Resolution to NYSAC and to each County Board in New York State. Agenda Item No. 5 was introduced on the motion of Mr. Willcox, seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR WILLCOX RESOLUTION NO. 109-12 Authorize Agreement Information Technology (Folder/Sealer Machine) WHEREAS, the Maintenance Agreement with Pitney Bowes on the County folding/sealing machine will expired on March 31st, 2012 AND WHEREAS, a Pitney Bowes Maintenance Agreement for April 1st, 2012 thru March 31st, 2013 has been received in the amount of $2,249.40, 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 was introduced on the motion of Mr. Troy, seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. TROY RESOLUTION NO. 110-12 Amend 2012 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 Healthy Agency, AND WHEREAS, the cost of paying the expenses was not budgeted, but is incurred due to the pending sale of the Certified Home Health Agency, NOW THEREFORE BE IT 73 ---PAGE BREAK--- RESOLVED, that the 2012 County Budget is hereby amended as follows: Increase: Expenses: A40115.54500 Patient Expense `$250,000 Increase: Revenue: A401142.41610 Nursing Fees $250,000 , AND BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized to transfer appropriate monies to cover patient expenses until the sale of the Certified Home Health Agency has been completed. Agenda Item No. 7 was introduced on the motion of Mr. Troy, seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. TROY RESOLUTION NO. 111-12 Authorize Agreements/Accept Funds Health Department/Administration Integrated Cancer Services Program WHEREAS, the Cortland County Health Dept. has been awarded $146,916 from the NYS Dept. of Health to continue to be the lead agency for the two county Cancer Services Program Breast, Cervical & Colorectal Cancer Partnerships which includes Tompkins County and provides screenings and education for the period 4/1/12 – 3/31/13, AND WHEREAS, Cortland County will be contracting with other health care providers (physicians, laboratories, radiology services), for the period of 4/1/12 – 3/31/13 to help coordinate the efforts of the grant, AND WHEREAS, these funds are in the 2012 County Budget in Accounts A40105.51005 $97,153 (Personnel), A40105.58020-58060 $45,963 (Fringe), A40105.54000-54500.4007 $3,800 (Contractual), and A401043.43450.4007 $146,916 (Ca Screening 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 this agreement with NYS to accept these funds. Agenda Item No. 8 was introduced on the motion of Mr. Troy, seconded by Mr. Bushnell. All members voting in favor; none opposed, and Agenda Item No. 8 became: ON MOTION OF MR. TROY RESOLUTION NO. 112-12 Amend Terms of 2012 Contract Between Mental Health Department and Ability Network, Inc. 74 ---PAGE BREAK--- WHEREAS, the 2012 contract between Cortland County Community Services Board and Ability Network states that Ability Network must provide Cortland County Community Services Board with “NGS Upstate New York for Medicare Part B for the submission of batch claim files and retrieval of Remittance Advice.” AND WHEREAS, the Mental Health Department of Cortland County has requested an additional terminal to allow a second employee to prepare submissions and view remittances. AND WHEREAS, Ability Network has issued an “Agreement” which amends the contract to include an additional terminal, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, is hereby authorized to execute the aforementioned “Agreement”, for a total not to exceed $360.00 for 2012. Agenda Item No. 9 was introduced on the motion of Mr. Fuller, seconded by Ms. Briggs. Mr. Cornell said that representatives in Marathon have expressed concern that more tires will be found on roadsides if the towns are forced to pay, and he asked that the newly created Solid Waste committee review the effects of this policy. Mr. Fuller said that while tires will not be accepted as part of Amnesty Day, towns can still collect tires and pay to drop them at the landfill. ON MOTION OF MR. FULLER RESOLUTION NO. 113-12 Authorize Amnesty Week Highway Department WHEREAS, the Highway Committee of this Legislature has recommended at their March 6, 2012 meeting that the Municipalities of Cortland County be granted one week in the spring of 2012 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 2012, AND WHEREAS, the Highway Department is to be authorized to establish the guidelines for such disposal, NOW THEREFORE BE IT RESOLVED, that Highway Department shall designate a week in the month of May 2012 as the time period allotted for the Municipalities of Cortland County to dispose of their wastes at the Cortland County Landfill at no charge, AND BE IT FURTHER RESOLVED, that the only vehicles exempt from the tipping fee payment during the aforementioned time period will be vehicles registered or their designated agents with a letter from the respective Chief Executive Officer, AND BE IT FURTHER RESOLVED, that only metal objects (including white goods), construction and demolition waste, and tree wastes will be accepted and shall be separated by category at the landfill site by the municipality making delivery, AND BE IT FURTHER RESOLVED, that tires shall be excluded as an item that is exempt from tipping fees, however tires (without rims) will be accepted at the standard landfill tire disposal rates, AND BE IT FURTHER 75 ---PAGE BREAK--- 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 was introduced on the motion of Mr. Fuller, seconded by Mr. Troy. All members voting in favor; none opposed, and Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 114-12 Authorize Issuance of a Theatrical Production And Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) WHEREAS, NYS Law requires the issuance of a license to stage Theatrical Productions in the Main Pavilion at Dwyer Memorial Park, AND WHEREAS, The Cortland Repertory Theatre has all necessary equipment, insurance and bonding in order to meet the requirements to operate Theatrical productions and manage the pavilion, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter into a License Agreement with Cortland Repertory Theatre, P.O. Box 783, Cortland, New York 13045 for a five-month agreement from May 1st, 2012 to October 15, 2012 for the privilege of staging theatrical productions and maintaining the pavilion at Dwyer Memorial Park, and be it further RESOLVED, that the Cortland Repertory Theatre pay the sum of $300.00 for said License. Agenda Item No. 11 was introduced on the motion of Mr. Ross, Seconded by Mr. Bushnell. All members voting in favor; none opposed, and Agenda Item No. 11 became: ON MOTION OF MR. ROSS RESOLUTION NO. 115-12 Authorize Agreement Cortland County and First Transit, Inc Planning Department WHEREAS, Resolution 410-92 authorized the County of Cortland to enter into an agreement with Progressive Transportation Services, Inc. to provide public transportation services within the County of Cortland, AND WHEREAS, Resolution 351-97 authorized an amendment to the agreement between Cortland County and Progressive Transportation Services, Inc. for language changes, AND WHEREAS, Resolution 319-03 authorized an agreement with Progressive Transportation Inc. to assign the existing agreement between Cortland County and Progressive Transportation, Inc. to First Transit Inc. as Progressive Transportation Inc. (Parent Company, Coach USA) was being purchased by First Transit, Inc., AND 76 ---PAGE BREAK--- WHEREAS, Resolution 115-07 authorized a revision to the contract language for certain language and name changes, specifically changes to the name to First Transit, Inc. and providing wording that First Transit, Inc. would indemnify Cortland County regarding any inter municipal agreements, AND WHEREAS, there are revisions to the Exhibit A of the agreement, pertaining to the removal of the Salary Ranges and updating the Description of Services to include inter municipal transportation, AND WHEREAS, there is the inclusion of Appendix A: Standard Clause for New York State Contracts, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or his designee, be and hereby is authorized to execute an agreement with First Transit, Inc. Agenda Item No. 12 was introduced on the motion of Mr. Ross, seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. ROSS RESOLUTION NO. 116-12 Amend 2012 Budget/Planning Department 5311 New York State Operating Assistance WHEREAS, the County of Cortland has budgeted $200,000. for 2012 for 5311 Operating Assistance from the NYS Department of Transportation under Federal Section 5311 for transit operating assistance, AND WHEREAS, the award for 2012 is $205,900. which is being paid to Cortland County’s local transportation provider (First Transit, Inc.) NOW THEREFORE BE IT RESOLVED, that to continue this program for the period of January 1, 2012 to December 31, 2012 the 2012 County Budget is hereby amended as follows: Increase: Expense: A80225.54084 5311 Operating Assistance $5,900.00 Increase: Revenue: A802244.44589 5311 Operating Assistance $5,900.00 Agenda Item No. 13 was introduced on the motion of Mr. Ross, seconded by Mr. Spaulding. Mr. Willcox said at a future meeting he would like to get a better understanding of where these grant funds come from and where they go to. All members voting in favor; none opposed, and Agenda Item No. 13 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 117-12 Amend 2012 Budget NYS DOT Federal Section 5311 Capital Grant for 2011 and 2012 Fiscal Years Cortland County Planning Department 77 ---PAGE BREAK--- WHEREAS, the New York State Department of Transportation, pursuant Federal Section 5311, Title 49 United States Code is authorized to make grant funds available to Cortland County for the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider, for the 2011 and 2012 fiscal years, AND WHEREAS, Resolution No. 78-11 authorized to accept grant and authorize agreements under the Consolidated Operating and Capital Grant for 2011 and 2012 fiscal years 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, 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, NOW THEREFORE BE IT RESOLVED, that the 2012 budget be amended as follows: Increase Expense Motor Vehicle Equipment A56305.52030 Motor Vehicle Equipment $522,100.00 Increase: Revenue Transportation Serv. Other Gov A563042-42300 5311 Capital - Local $ 52,210.00 Increase Revenue Transportation Capital -Federal A563044-44597 5311 Capital – Federal/State $469,890.00 Agenda Item No. 14 was introduced on the motion of Mr. Ross, seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. ROSS RESOLUTION NO. 118-12 Amend 2012 Budget and Establish an Appropriation and Revenue Account New York State Department of Transportation Transportation Needs Assessment Cortland County Planning Department WHEREAS, Resolution 342 -11 supported the Community Transportation Association of America (CTAA) Internal Transportation Review for Cortland County, AND WHEREAS, Cortland County was selected by CTAA for funding of the transportation needs assessment, AND 78 ---PAGE BREAK--- WHEREAS, the New York State Department of Transportation Planning and Research Project Agreement granted Cortland County $25,000 in funding for such a transportation needs assessment at no cost to Cortland County provided that Cortland County applies for such funding, AND WHEREAS, Cortland County Legislature Resolution 50-12 authorized the agreement to support the a transportation needs assessment to review the previous transportation studies, plans and reports, including the Local Human Services Transportation Coordination Plan, transportation demands, the enhancement of transportation services, with existing fiscal resources and the monitoring and development of a refined plan to implement strategies for the enhancement of transportation services within Cortland County, AND WHEREAS, the Chairman of the Legislator, upon County Attorney approval was authorized to sign and all agreements between Cortland County and the State of New York for the transportation needs assessment project, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be amended to support the funding for the CTAA, Transportation Needs Assessment in the amount of $25,000, AND BE IT FURTHER RESOLVED, that an account for appropriations and revenue be established for Professional Services, Transportation Needs Assessment in the amount of $25,000 using Professional Transportation Needs accounts as follows: Increase: Expense: A80205-54055 $25,000 Revenue: A802042.42189 $25,000 Agenda Item No. 15 was introduced on the motion of Mr. Cornell, seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 119-12 Authorize Contract Board of Elections – SOE Software Corporation WHEREAS, Resolution 191-09 authorized an agreement with SOE Software Corporation, 5426 Bay Center Drive, Suite 525, Tampa FL, 33609 for the “Clarity Election Suite” software, installation and training, AND WHEREAS, said agreement has expired, and the Cortland County Board of Elections wishes to continue to use the software and the County needs software support, AND WHEREAS, SOE Software Corporation is the sole provider of said software, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon approval of the county attorney, is hereby authorized and directed to enter into a contract with SOE Software Corporation, 5426 Bay Center Drive, Suite 525, Tampa FL, 33609, for Annual Software Assurance and Support, to be paid out of Account # A1450 54004, with the terms as follows: October 2011 – September 2012 $1,917.00 October 2013 – September 2013 $2,013.00 79 ---PAGE BREAK--- October 2014 – September 2014 $2,113.50 Agenda Item No. 16 was introduced on the motion of Mr. Cornell, seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 120-12 Authorize Agreement Deferred Compensation Audit WHEREAS, requests for proposals were requested by Benefit Consulting Group for an audit of the Cortland County’s Deferred Compensation Plan as required by the NYS Deferred Compensation Board, AND WHEREAS, it is the recommendation of Benefit Consulting Group, the County Administrator, and Personnel Officer, that the County of Cortland contract with Dermody, Burke, Brown for an audit of the Deferred Compensation Plan, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney or designee is hereby authorized and directed to execute a contract with Dermody, Burke, Brown for an audit for fiscal years ending 2010 and 2011 for a cost not to exceed $13,500, to be paid out of account # A1430 54055. Agenda Item No. 17 was introduced on the motion of Mr. Cornell, seconded by Ms. Briggs. Mr. Cornell said the County used to have a Solid Waste Committee back in 2003 and years prior. Mr. Park asked for a roll call vote. All members voting in favor; none opposed. The resolution was approved with a weighted vote of 48,599. Agenda Item No. 17 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 121-12 Amend Rules of Order Create Committees (Pending Committee Approval) WHEREAS, at the recommendation of the Personnel Committee, the Cortland County Legislature wishes to amend its Rules of Order, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature’s Rules of Order are hereby amended to create a Solid Waste Committee and remove said responsibility from the Highway Committee, as follows: Solid Waste Committee: Shall consist of no less than five and no more than seven members who shall oversee operations in the Department of Solid Waste and Cortland County Recycling programs, AND BE IT FURTHER RESOLVED that the Rules shall be amended to combine the Health and Human Services Committees as follows: Health & Human Services – Shall consist of no less than five and no more than seven members who shall oversee: The Health Department and all divisions, including the Youth Bureau, Mental Health Department, Community Services Board, Board of Health. The committee shall also oversee Social Services, 80 ---PAGE BREAK--- Employment and Training Office, Office for the Aging, the Retired Senior Volunteer Program, Veterans’ Services, and contracted social services agencies. Agenda Item No. 18 was introduced on the motion of Ms. Price, seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MS. PRICE RESOLUTION NO. 122-12 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on March 1, 2012 for the period April 1, 2012 through June 30, 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 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 Sysco Food Service, PO Box 80, Route 173 North, Warners, NY 13164 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for the period April 1, 2012 through June 30, 2012. Agenda Item No. 19 was introduced on motion of Mr. Whitney, seconded by Ms. Cobb. Mr. Park said the County has attempted this surcharge for several years, and every year it is denied by the state. All members voting in favor; none opposed. The resolution was approved and agenda Item No. 19 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 123-12 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 81 ---PAGE BREAK--- 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 $14,000,000 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. 20 was introduced on the motion of Mr. Whitney, seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 124-12 Amend Resolution 39-12 Authorize Agreement – Autopsy Services Lourdes Hospital WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from Our Lady of Lourdes Memorial Hospital, Inc., 169 Riverside Drive, Binghamton, New York 13905, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has increased the rates, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has the necessary expertise and facilities to perform these services and is willing to provide said services, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature be and hereby is authorized to enter into an agreement, upon approval of the County Attorney, with Our Lady of Lourdes Memorial Hospital, Inc. for autopsy and forensic laboratory services as follows: Special Fees: Alcohol Level: $115.50 Serum Drug Screen: $689.75 Radiographs: Skull Partial $285.85 Chest 2 views, Posterior and Lateral 2 views, Posterior $ 94.30 Spine Cervical, minimum of 4 views $421.25 Pelvis AP only AP Pelvis 1-2 views $ 90.25 82 ---PAGE BREAK--- Abd. Single Antero $184.30 Agenda Item No. 21 was introduced on the motion of Mr. Whitney, seconded by Mr. Ross. Mr. Pace said that while property taxes could be accepted, at this time only mortgage and transfer taxes are accepted. Mr. Ross said that there is no cost to the County for this service, rather that the cost is borne by the user. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 125-12 Authorize Contract Systems East Credit Card Payments WHEREAS, the option of internet payment services at various County Departments are requested by customers, AND WHEREAS, the availability of information and documents and the convenience of paying fees, fines and taxes on line has proven the need for an on-line payment system, AND WHEREAS, Systems East. Inc. has provided quality credit card service through their Municipal Payment program at no cost to the county, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland county Legislature is hereby authorized and directed to enter into an agreement with Systems East, Inc., 6 Locust Ave, Cortland, NY 13045 upon approval of the County Attorney as to form, for the purpose of providing an internet collection and payment system for a period of five years beginning August 1, 2012 and ending July 31, 2017. Agenda Item No. 22 was introduced on the motion of Mr. Whitney, seconded by Ms. Briggs. Ms. Arnold asked the Sheriff to explain the taser policy that will be utilized by the County. Sheriff Price said the department has had a taser in the department since 2008, and a policy and training has been implemented. Mr. Pace said statistics have shown that officers carrying tasers has resulted in fewer injuries to citizens and officers. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 126-12 Accept Funds/Amend Budget Protective Equipment (Town of Cortlandville) County Sheriff WHEREAS, the town of Cortlandville, in accordance with the attached, has agreed to donate $29,620.65 for the purchase of protective equipment (tasers) for the Cortland County Sheriff’s Department, NOW THEREFORE BE IT RESOLVED, that the Sheriff’s Department is hereby authorized to expend up to $30,000.00 for the purchase of protective equipment, AND BE IT FURTHER RESOLVED the 2012 budget hereby be amended as follows Increase: 83 ---PAGE BREAK--- Revenue: Account: $29,620.65 Increase: Expense: Account: $29,620.65 Protective Equipment Donation Agreement Made this 17th day of February 2012, by and between the TOWN OF CORTLANDVILLE, of 3577 Terrace Road, Cortland, New York, and the COUNTY OF CORTLAND, a municipal corporation with offices located at 60 Central Avenue, New York: 1. The Town of Cortlandville agrees to donate $29,620.65 to the County of Cortland to purchase protective equipment for the Cortland County Sheriff’s Department with the following conditions: a. Equipment is ordered, received and found to be acceptable to the Cortland County Sheriff’s Department b. Inspected by the Cortlandville Town Supervisor c. Invoice provided to the Cortlandville Town Supervisor 2. At that time, the invoice will be processed by the Town of Cortlandville and payment will be made within 14 days of the above conditions being met. 3. This shall be considered a one-time donation from the Town of Cortlandville to Cortland County for this purpose. 4. Cortland County agrees to hold the Town of Cortlandville harmless from any claims arising out of the use of the equipment purchased with this donation. 5. Cortland County agrees to maintain, service and make necessary any repairs that are required to the protective equipment purchased with the donated funds from the Town of Cortlandville. 6. This agreement shall bind and inure to the benefit of the successors and assigns of the respective parties. 7. Cortland County agrees to accept and receive the above donation upon the terms and conditions provided above. County of Cortland Agenda Item No. 23 was introduced on the motion of Mr. Whitney, seconded by Ms. Cobb. Mr. Purser said that the appointment of a physician cannot exceed 12/31/13. All members voting in favor; none opposed. Agenda Item No. 23 became: 84 ---PAGE BREAK--- ON MOTION OF MR. WHITNEY RESOLUTION NO. 127-12 Appointment of Jail Physician Pursuant to Correction Law § 501 WHEREAS, New York State Correction Law § 501 requires the County to appoint a reputable physician, duly authorized to practice medicine, as the physician to the jail of the County, AND WHEREAS, the physician appointed shall hold his office at the pleasure of the Legislature, AND WHEREAS, it is the finding of the County Legislature, that the professional medical care requirements of Correction Law § 501 should be provided in an affordable and practical manner, AND WHEREAS, it is the finding of the County Legislature, that the legal requirements of Correction Law § 501 can best be met by providing for the compensation of a Jail Physician and his Physician’s Assistant and Registered Nurses by contractual agreement, NOW THEREFORE BE IT RESOLVED, that Marshall M. Trabout, M.D., is appointed Cortland County Jail Physician to serve at the pleasure of the County Legislature, AND BE IT FURTHER RESOLVED, that the compensation and payments to the Jail Physician for the professional services of himself and his Physician’s Assistant shall not exceed $5,611.00 per month from June 1, 2012 through Dec. 31, 2013, AND BE IT FURTHER RESOLVED, that the compensation and payments to the Jail Physician for the medical professional services of a Registered Nurse employed by the Physician for services to be rendered at the Cortland County Jail shall not exceed $4,158.00 per month from June 1, 2012 through May 31, 2013, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is authorized to sign a professional services agreement with the Jail Physician for the Cortland County Jail. Agenda Item No. 24 was introduced on the motion of Mr. Whitney; seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 128-12 Authorize Agreement Sheriff's Department/Jail (K&A Radiologic Technology Services, Inc.) WHEREAS, K&A Radiologic Technology Services, Inc., 6400 Collamer Road, East Syracuse, New York 13057, has agreed to enter into an agreement to furnish Cortland County Jail with portable x-ray, portable ultrasound, 12-lead EKG, and Holter monitor services as prescribed by the doctor for inmates housed in Cortland County Jail, 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 K&A Radiologic Technology Services, Inc. for the period of June 1, 2012, through May 31, 2016. 85 ---PAGE BREAK--- Agenda Item No. 25 was introduced on the motion of Mr. Whitney, seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 129-12 Extend Keyboard Specialist Public Defender WHEREAS, a temporary part-time Keyboard Specialist position was created January 1, 2012 per Resolution 333-11, AND WHEREAS, there is a need to extend the temporary part-time Keyboard Specialist position for three months WHEREAS, the Judiciary & Public Safety and Budget & Finance Committees recommend this position be extended, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the extension of one temporary, part-time (17 hours per week, no benefits) Keyboard Specialist,(CSEA grade 5, $13.0374- 15.8620/hr., competitive class) from April 1, 2012 and ending no later than June 30, 2012. Agenda Item No. 26 was introduced on the motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace asked about the attachment referenced in the Resolution. The Clerk advised that the attachment provides a detailed list of all accounts to be reconciled and will be part of the certified resolution. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PACE RESOLUTION NO. 130-12 Amend 2011 Budget Budget Transfers for Negative Balances County Administrator/County Treasurer WHEREAS there are appropriation lines that have negative balances at year end 2011, NOW THEREFORE BE IT RESOLVED that the attached budget transfers be made by the County Administrator so that the final 2011 annual reports can be completed and Fund Balances can be determined. Agenda Item No. 27 was introduced on the motion of Mr. Pace; seconded by Mr. Ross. Mr. Purser said the town of Cortlandville is prepared to accept full ownership of the road in question. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 131-12 Authorize A Release Of Mortgage Premises And Subordination Agreement Access Road, Utilities And Drainage Easement Finger Lakes East Business Park/Town Of Cortlandville 86 ---PAGE BREAK--- WHEREAS, the County of Cortland has made a loan to Cortland County Industrial Development Agency for the development of Finger Lakes East Business Park, said loan being secured by a mortgage on the real property commonly known as 707, 719 Route 13 in the Town of Cortlandville being a portion of tax map number 105.00-01-30.1; and WHEREAS, the Cortland County Industrial Development Agency proposes to convey/dedicate the Access Road, together with the utilities installed thereunder, together with a drainage easement, to the Town of Cortlandville; and WHEREAS, the Town of Cortlandville will accept the Access Road, together with the utilities installed thereunder, together with a drainage easement, provided that they are free of liens and encumbrances, NOW THEREFORE BE IT RESOLVED, that the County of Cortland, upon approval of the County Attorney, execute a release of mortgage premises for the Access Road, with the utilities installed thereunder, to the Finger Lakes East Business Park, together with a subordination agreement regarding the drainage easement to the Cortland County Industrial Park. Agenda Item No. 28 was introduced on the motion of Mr. Park; seconded by Ms. Briggs. County Clerk Larkin explained that in 2011 the County exercised the exemption to collect and retain fees from local spay/neuter clinics, however two local agencies applied for state funding, rather than accepting the local funding. The state provided significantly more than would have been provided locally, and therefore she is asking that the Legislature dissolve the agreements with towns in Cortland County to exempt the state’s process. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MR PARK RESOLUTION NO. 132-12 Authorize To Dissolve Agreement Animal Population Control Plan Municipal Agreements WHEREAS, in 2010, the governor disbanded the Animal Population Control Spay/Neuter Program and appointed the ASPCA to administer the program, and the option for counties to apply for an exemption to collect and retain these fess from local municipal clerks, AND WHEREAS, by Resolution 278-11, Cortland County exercised this exemption option and entered into municipal agreements with the towns for the County Clerk to collect these fess, AND WHEREAS, the spay/neuter facilities in Cortland County have been guaranteed money to be received from the ASPCA above and beyond the yearly collection in Cortland County, AND WHEREAS, the municipal clerks of Cortland County and the spay/neuter facilities of Cortland County have agreed it would be more financially beneficial to cancel the exemption of Cortland County from the spay/neuter program in NYS, NOW THEREFORE BE IT RESOLVED, that upon the approval of the Cortland County Attorney, that the Chairman of the Legislature is authorized to sign an agreement to dissolve the previous municipal agreements pertaining to the collection of the spay/neuter fees in Cortland County. 87 ---PAGE BREAK--- Announcements: Ms. Price announced that the County/City/Towns/Villages/Schools committee will meet directly following this meeting to discuss rural public transportation efforts, and an update on the Emergency Interoperable Communications System. Mr. Cornell announced that the weekend of March 24 and 25 is the Marathon Maple Festival and he invited all legislators to attend. Adjournment Mr. Parker made a motion to adjourn the meeting. Seconded by Mr. Bushnell. The meeting was adjourned. Cortland County Legislature April 26, 2012 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing on proposed Local Law No. 3 of 2012 at 6:02 p.m., and the Clerk read the legal notice announcing the meeting. Mr. Lee Livermore of the Syracuse Poison Control Center, spoke in favor of the Local Law. He said there have been 14 incidents related to the use of cannabinoids in Cortland County, and three deaths to date in NYS. The Clerk asked if there was anyone else who wished to speak regarding Local Law No. 3 of 2012. Seeing none, Mr. Park closed the public hearing. Order of Business Chairman Park opened the meeting at approximately 6:06 p.m., followed by the Salute to the Flag. The Legislature remained standing for a Moment of Silence in honor of the late Chuck Adams, long-time supervisor of the Town of Marathon. The Clerk of the Legislature took roll call. All members were present. Approval of Minutes Mr. Troy made a motion to approve the minutes of the March 22, 2012 Regular Meeting. Seconded by Ms. Cobb. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Chairman Park recognized Mr. Paul Stepien, President of the Little York Lake Improvement Association. Mr. Stepien said while the bonding resolution for the dam is going to be pulled and considered again next year, he does not want the project to fall off the radar. He said the dam will continue to deteriorate, and his organization, and the County should lobby local, state and federal officials to try and obtain funding now that the dam’s status has been reclassified. Proclamations & Recognitions The Clerk read a proclamation proclaiming May 18, 2012, as Red Cross Dress Down Week. Ms. Briggs was prepared to present the proclamation, however no member from the Red Cross was present. In their absence, 88 ---PAGE BREAK--- Kristen Monroe, Commissioner of Social Services said she could take orders for Red Cross Dress Down T- shirts. The Clerk read a proclamation announcing May as Foster Parent Month in Cortland County. Legislator Sandy Price presented the proclamation to Ms. Monroe, and foster parents Dennis and Terry Underwood, who have assisted with more than 20 foster children. Mr. Underwood thanked the Legislature the Social Services Department for allowing them to participate in such a great program. Mr. Parker said the Foster Parent dinner is May 11 at Gatherings in Virgil, and he encouraged all legislators to attend. The Clerk read a recognition honoring Brenda DeRusso, Deputy Director of Fire & Emergency Management, also knows as the County’s “Disaster Lady.” Ms. DeRusso has served Cortland County for 25 years, bringing millions of disaster-related funds to the area. Mr. Ron Raymond and Tom McCartney of the Office of Homeland Security also presented Ms. DeRusso with letters from Stephen Kerr, the Executive Director of the NYS Office of Emergency Management, and from the Commissioner of Homeland Security. Mr. Robert Duell presented Ms. DeRusso with a plaque in honor of her service to the County. Ms. Amanda Barber, Director of the Cortland County Soil & Water Conservation District, thanked the Legislature for the financial support over the years. She thanked the Legislature for declaring next week Soil & Water Stewardship and also Water Week, earlier in the month. The Soil & Water Conservation District, Main Street Farms, and the East Side Bakery were responsible for the dinner and plants provided for the evening. Receive & File Ms. Price made a motion to Receive and File the 2011 Annual Report for the Department of Social Services. Seconded by Mr. Troy. All members voting in favor; none opposed. New Business Mr. Troy asked that Agenda Item No. 24 be considered first. There were no objections. Agenda Item No. 24 was introduced on the motion of Mr. Whitney, seconded by Mr. Bushnell. Ms. Kimberly McRae Friedman, Director Cortland Prevention Resources, said that NYS Dept. of Health has banned the sale of marijuana, with enforcement authority given to local health departments to take the items off the shelves. Mr. Suben said this law is a “stop-gap” measure until NYS takes similar action. This law will allow police officers to confiscate and ticket and/or arrest people for possession of the substance. All members voting in favor; none opposed. The resolution was approved, and Agenda Item No. 24 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 133-12 Proposed Local Law No. 3 Of The Year 2012 A Local Law Prohibiting Within Cortland County The Use, Possession, Purchase, Attempted Purchase, Selling, Public Display For Sale, Attempted Sale, Or Giving Of Alternative And/Or Marijuana As Defined Herein Be it enacted by the Cortland County Legislature of the County of Cortland as follows: Section 1: WHEREAS, this Legislature hereby finds and determines that the County has a duty to preserve peace and order and secure freedom from dangerous or noxious activities, and to that end, the Legislature of Cortland County, has determined that certain enterprises and individuals within Cortland County, New York, 89 ---PAGE BREAK--- are contemplating or engaged in the sale of certain substances, which, when ingested, produce intoxicating effects similar to THC or marijuana, AND WHEREAS, the substances are not yet categorized controlled substances, or the categorization by the State or federal law have not yet been updated, AND WHEREAS, the substances, which are more specifically described below, are often used as an alternative to marijuana and are potentially dangerous to users, and further, the long term effects are not yet known, AND WHEREAS, it has been determined that the effects of these substances are a health and safety concern to the citizens of Cortland County, New York, NOW THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF CORTLAND COUNTY, NEW YORK AS FOLLOWS: Section 2: It is hereby declared to be unlawful for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals and/or substances within the boundaries of Cortland County, New York: • Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salviadivinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivitive, mixture or preparation of such plant, its seeds or extracts; • cannabiniod” means any chemical compound that is chemically and/or has been demonstrated to have a binding activity at one or more cannibinoid receptors, and/or means any chemical that is substantially similar in chemical structure to a chemical compoud that has been determined to have binding activity or is a cannibinoid analog. • Unless specifically exempted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of cannabimimetic agents, or which contains their sales, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical design. • Cannabimimetic agents means any substance that is a cannibinoid receptor type 1 (CB1receptor) against as demonstrated by binding studies and functional assays. Cannabimimetic agents are commonly referred to as cannibinoids and include but are not limited to the following substances: • 2-[(1R, also known as • (dexanabinol,(6aS,10aS)(6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol); some trade or other names: HU-210; also known as • 1-Pentyl-3-(1-naphthoyl)indole – some trade or other names: JWH-018/ Spice; also known as • – some trade or other names: JWH-073; also known as • piperazine – some trade or other names: also known as 90 ---PAGE BREAK--- • JWH-007, JWH-015, JWH-018, JWH-019, JWH-030, JWH-051, JWH-073, JWH-122, JWH-133, JWH-147, JWH-164, JWH-167, JWH- 175, JWH-176, JWH-184, JWH-185, JWH-192, JWH-193, JWH-195, JWH-197, JWH-198, JWH-199, JWH-200, JWH-203, JWH-205, JWH-210, JWH-249, JWH-250, JWH-251, JWH-302, JWH-307, JWH-398, AM-1248, AM-2201, AM-087, AM-356, AM-630, AM-678, AM-679, AM- 694, AM-855, AM-905, AM-906, AM-919, AM-938, AM-1220, AM-1221, AM-1235, AM-2232, AM-2233, AM-2389, AM-4030, RCS-4, RCS-8, CP-47, CP-497, CP 55,940, WIN 55 212, WIN 48, 098, C8-homolog, SR-19, RCS-4, HU-211, HU-308, HU-331, CB-25, CB-52; • Common street names not to be strictly limited to these names: “Spice, Spice Gold, Spice Silver, Stinger, K2, Chronic Spice, Black Mamba, Mystery, Red X Dawn, Yucatan Fire, Skunk, Pulse, Zohai, Mr. Nice Guy, Spicylicious, K3, K3 Legal, Earthquake, Genie, Diviner’s Sage, Sage of the Seers, The Key, Purple Salvia, Purple Haze, Sally D, herbal incense, Space, Pep-Spice, Buzz, Ocean Blue, Super Kiush, Green Kobra, Demon, Dojah, Cloud 9, Thunder, Fake Weed, Happy Shaman, Sweet Lucy, Willow Pillow, Bad Santa.” This list is not a complete list and any other substances containing a cannibinoid should not be excluded. • Any similar structural analogs, derivatives, salts or isomers, chemical compound that is a cannibinoid receptor agonist and mimics the pharmacological effect or naturally occurring cannibinoids not listed in Schedules I through V or is not an FDA approved drug. Section 3: This law shall be enforced by any certified law enforcement officer within his/her respective jurisdiction within the geographical boundaries of Cortland County. Further, this law shall apply and be enforced in all unincorporated areas, as it shall apply and be enforced in the incorporated areas or other municipal entities within the geographical boundaries of Cortland County. If any of the aforementioned substances are found in the possession of any person, it may be confiscated and destroyed by law enforcement officials. Section 4: It is not an offense under Section 2 above of this law if the person was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substance. Section 5: Any person found to be in violation of this law will be guilty of a Class A Misdemeanor and subject to a term of imprisonment not to exceed one year and a fine not to exceed $1,000.00. Section 6: This article shall apply to all actions occurring on or after the effective date of this article. This law may be enforced by any law enforcement agency having jurisdiction to act in the County of Cortland, by either the arrest of or the issuance of a summons to a party violating the provisions of this act and requiring their appearance before a court of competent jurisdiction. Section 7: This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Cortland. The county legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section. Section 8: Severability- If any provision of this law is held invalid, such invalidity shall not affect the remaining provisions of the law which shall remain effective absent the invalid provision, and to this end, the provisions of the law are declared to be severable. 91 ---PAGE BREAK--- Section 9: Emergency Clause- It is hereby declared that an urgent public health concern exists and this law, being necessary for the preservation of the health, safety and welfare of citizens of Cortland County , New York, shall be effective immediately upon its passage and approval and filing with the New York State Secretary of State. On motion of Mr. Park, seconded by Mr. Cornell, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 134-12 Appoint Member Central New York Regional Planning and Development Board WHEREAS, Resolution No. 78-12 appointed Walter Tennant as an At Large member of the CNY Regional Planning and Development Board with a term to expire 12/31/13, AND WHEREAS, the term of Walter Tennant, has become vacant, NOW THEREFORE BE IT RESOLVED, that the Linda Hartsock, S. Main Street, Homer, NY 13077 is hereby appointed to fill the vacant seat of the CNY Regional Planning and Development Board with a term to expire 12/31/13. Mr. Park pulled Agenda Item No. 2 “Appointing Members to the Cortland County Board of Ethics.” On motion of Mr. Park, seconded by Mr. Natoli; Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 135-12 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 $14,000,000 and relying solely on bonding or leasing 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 92 ---PAGE BREAK--- 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 RESOLVED, that the Clerk of this Legislature and the County Attorney prepare the documentation necessary for the New York State Legislature to enact said Legislation, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute the appropriate Home Rule Request for the enactment of said special law. On motion of Mr. Park, Seconded by Ms. Cobb, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 136-12 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 $14,000,000 and relying solely on bonding or leasing 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. 93 ---PAGE BREAK--- Mr. Park pulled Agenda Item No. 5, “Resolution Urging the United States Congress to Repeal a Portion of the Universal Service Fund Surcharge that Provides Free Cellular Telephone Services to Income Eligible Individuals.” On motion of Mr. Park; Seconded by Mr. Cornell, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. PARK RESOLUTION NO. 137-12 Appoint Member Cortland County Board of Health WHEREAS, there is a vacancy on the Cortland County Board of Health to be filled with a member of the Legislator, which is traditionally a member of the Health Committee, NOW THEREFORE BE IT RESOLVED, that Sandra Price, 1189 Church Street, Cortland, New York 13045, be and hereby is appointed to the Cortland County Board of Health to fill the remainder of the two year term of John Troy, beginning April 26, 2012 and ending December 31, 2013. On motion of Ms. Price, seconded by Ms. Cobb, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MS. PRICE RESOLUTION NO. 138-12 Authorize Agreements Health Department/Children with Special Needs Program (Contracts for Services) WHEREAS, the Cortland County Health Department’s Children with Special Needs Division, Pre-K Program is required to provide and/or pay for services as approved in an Individual Education Plan (IEP), requiring contracts with such providers, AND WHEREAS, such services include but are not limited to special instruction, speech pathology, physical therapy, occupational therapy, social work service, nutrition, audiology, transportation, aide and day care services, AND WHEREAS, the following agencies contract to provide educational evaluations and services at the State-approved rates (*subject to change by the State Education Department): ♦ Building Blocks Comprehensive Services (SEIT - $36.00/half hour) ♦ Children’s Unit for Treatment – SUNY Binghamton ($192.36/day) ♦ Family Enrichment Network ($88.48/day; SEIT - $23.00/half hour) ♦ Franziska Racker Centers ( $183.74/day; SEIT - $28.00/half hour) ♦ High Peaks Rehabilitation and Development ♦ InterActive Therapy Consultants, Inc. (d/b/a InterActive Therapy Group) (SEIT-$31.00/half hour) ♦ Jowonio School ($173.81-$234.99/day) ♦ OCM BOCES, Children’s Village ($127.00/day) 94 ---PAGE BREAK--- ♦ State University of New York, SUNY Upstate Medical University at Syracuse University Hospital, Margaret L. Williams Developmental Center Eval-$242; Social History Eval - $144) And other contractors as necessary to meet the needs, AND WHEREAS, the following individuals and agencies contract to provide related services at negotiated rates ($28-$80 per half hour) ($9.50-$12.00/hr. 1:1 Aide Service): ♦ Association for Vision Rehabilitation and Employment ♦ Bernadette Belton ♦ Aurora of Central New York ♦ Elaine Fisher ♦ Building Blocks ♦ Sally Griswold ♦ CAPCO ♦ Stacey Kidder ♦ Cincinnatus School District ♦ Karen LaVancha ♦ Cortland City School District ♦ Suzanne Luety ♦ Cortland County Child Development Center (a/k/a Cortland County Child Development Daycare) ♦ Jennifer McConnell ♦ Cortland Regional Medical Center ♦ Maria Muscente ♦ Family Enrichment Network ♦ Amy Chauvin White ♦ Franziska Racker Centers ♦ Hear 2 Learn ♦ InterActive Therapy Consultants, Inc. ♦ OCM BOCES-Children’s Village ♦ SUNY Cortland College Daycare Center, Inc. ♦ YWCA and other contractors as necessary to meet the needs, AND WHEREAS, monies for the above services are budgeted in expenditure account A29605.54445 , AND WHEREAS, these contracts shall be for the period July 1, 2012 through June 30, 2014, AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until September 30, 2014, if successor agreements are not executed by June 30, 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, upon review and approval by the County Attorney. On motion of Ms. Price, Seconded by Mr. Cornell; Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MS. PRICE RESOLUTION NO. 139-12 95 ---PAGE BREAK--- Reject Bid/Extend Bid/Authorize Agreement Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) WHEREAS, the County of Cortland is responsible for providing transportation for children with disabilities (ages birth through five years) for therapy and program participation, AND WHEREAS, the County issued an RFP on February 29, 2012, for Transportation of Children with Disabilities for the 2012-2014 contract years, and bids were received from: 1) Birnie Bus Service, Inc., P O Box 630, 248 Otis Street, Rome, NY 13442; 2) First Transit, Inc., 600 Vine Street, Suite 1400, Cincinnatus OH 45202; and 3) Durham School Services, LLP, 4300 Weaver Parkway, Warrenville IL 60555, AND WHEREAS, the RFP and bid award for Pre-K Transportation for 2010-2012 included an optional one-year extension, AND WHEREAS, the Cortland County Health Department is requesting to extend by one year the 2010- 2012 contract with First Transit, Inc. the successful bidder for the 2010-2012 contract period, NOW THEREFORE BE IT RESOLVED, that the First Transit, Inc. contract be extended for the one-year period July 1, 2012 – June 30, 2013, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, upon review and approval by the County Attorney are hereby authorized to enter into an agreement extension with First Transit, Inc. for the one-year period July 1, 2012, through June 30, 2013. On motion of Ms. Price, Seconded by Mr. Troy; Agenda Item No. 9 was introduced. Ms. Price disclosed that she is an un-paid member of the Board of Directors for Family Counseling Services. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MS. PRICE RESOLUTION NO. 140-12 Authorize Contract For Family Counseling Services of Cortland County to implement the New York State Office of Mental Health (NYS OMH) Early Recognition and Screening Grant WHEREAS, Cortland County was awarded grant funds in the amount of $112,460 by NYS OMH to implement an Early Recognition and Screening process for children and youth in Cortland County for calendar year 2012, AND WHEREAS, the implementation of the program will require collaboration with a broad array of community partners including: Cortland County School Districts, Cortland County Service Systems, and child and family serving agencies to assess needs, facilitate linkage to community services and supports, and provide information to the community through the support of Cortland County 211, NOW THEREFORE BE IT RESOLVED, that Cortland County amend the existing contract with Family Counseling Services of Cortland County to pass through grant funding in 2012 to provide services consistent with the guidelines of 96 ---PAGE BREAK--- the Early Screening and Recognition Grant, and contingent upon ongoing NYS OMH funding, AND BE IT FURTHER RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: A 43105 54870 4226 FAMILY COUNSELING (OMH) $112,460.00 Revenues: A431043 43486 4200 NYS OMH $112,460.00 On motion of Ms. Price, Seconded by Mr. Cornell, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MS. PRICE RESOLUTION NO. 141-12 Authorize Agreement Department of Social Services (Office of Children and Family Services) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the New York State Office of Children and Family Services for the acquisition and utilization of personal computer equipment, AND WHEREAS, there is no cost to the County, NOW THEREFORE, BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement with the New York State Office of Children and Family Services. On motion of Ms. Price; Seconded by Mr. Cornell, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MS. PRICE RESOLUTION NO. 142-12 Authorize Agreement Department of Social Services (DNA Diagnostic Center) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the DNA Diagnostic Center for paternity testing, AND WHEREAS, the funding needed for this Agreement is budgeted in the Medical Fees and Services Account A60105.54500, 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 January 1, 2012 through December 31, 2012, with DNA Diagnostic Center. 97 ---PAGE BREAK--- On motion of Mr. Fuller, Seconded by Mr. Wheelock; Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Mr. Park called for a roll call vote. All members voting in favor; none opposed. The motion was approved with a weighted vote of 48,599. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 143-12 Bond Resolution Of The County Of Cortland, New York, Adopted On April 26, 2012 Authorizing Issuance Of $1,600,000 Bonds Of The County Of Cortland To Pay A Portion Of The Cost Of Culvert Reconstruction And Improvements At Various Locations Throughout The County WHEREAS, the Legislature of the County of Cortland, New York (“County”) has identified the need for repairing and/or replacing certain existing culverts located within the County (the “Project”), AND WHEREAS, the Project shall involve no substantial changes to the existing structures and consists entirely of replacement, rehabilitation or reconstruction of existing structures, in kind, on the same site, AND WHEREAS, the County is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et seq., and implementing regulations, 6 Part 617 (the “Regulations”), NOW, THEREFORE BE IT RESOLVED ON APRIL 26, 2012 BY THE COUNTY LEGISLATORS OF CORTLAND COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Legislature), AS FOLLOWS: Section 1. The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a "Type II Action" under the 6 § 617.5(c)(1) and of the Regulations and is not subject to review under SEQRA. Section 2. For the specific object or purpose of undertaking the Project, including all related construction, renovations, site improvements, furnishings, fixtures and equipment required for such purposes, environmental studies, architectural, legal and engineering fees, and all other necessary costs incidental to such work, in and for the County, there are hereby authorized to be issued up to $1,600,000 bonds and notes, including renewal thereof, of the County pursuant to the provisions of the Local Finance Law. Undertaking the Project is hereby approved. Section 3. It is hereby determined that the maximum estimated cost of the class of objects or purposes of the Project is $1,600,000 and that the plan for the financing thereof is by the issuance of up to $1,600,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and by the application of state and/or federal assistance available or to any revenues available for such purpose from any other source. Section 4. The faith and credit of the County are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years and such debt service payments may be made in substantially level or declining amounts as may be authorized by law. All the taxable real property within the County shall be 98 ---PAGE BREAK--- subject to the levy of ad valorem taxes sufficient to pay the principal of and interest on said bonds, subject to applicable statutory limitations. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such matter, as may be prescribed by the County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of Cortland County, New York, by the manual or facsimile signature of the County Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested to by the manual or facsimile signature of the County Clerk. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Section 8. The County hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the County will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 9. The following additional matters are hereby determined and declared: Pursuant to subdivision 4 of Section 11.00 of the Local Finance Law, the period of probable usefulness of the Project 40 years; and Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and The 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. 99 ---PAGE BREAK--- Section 10. The validity of such bonds and bond anticipation notes may be contested only if: a) Such obligations are authorized for an object or purpose for which the County is not authorized to expend money, or b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or c) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the Cortland Standard the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. Mr. Fuller pulled from consideration agenda Item No. 13, “Bond Resolution Authorizing Issuance Of $1,000,000 Bonds Of The County Of Cortland To Pay To Pay A Portion Of The Cost Of Reconstruction And Improvements To The Little York Dam.” On motion of Mr. Fuller, Seconded by Ms. Price; Agenda Item No. 14 was introduced. Mr. Fuller said this project is being done with excess grant funds from the FAA. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 144-12 Approve Project / Award Contracts Main Hangar MH-1 Bathroom Renovations Cortland County Airport – Gen. Levi R. Chase Field Highway Department WHEREAS, the Cortland County Legislature approved acceptance of a NYSDOT Grant, provided the local share funding, and approved the project to Renovate Hangar MH-1 at the Cortland County Airport under Resolution No. 196-09, AND WHEREAS, the Cortland County Legislature awarded construction contracts for said renovations Main Hangar MH-1 Partial Renovations under Resolution 290-10, AND WHEREAS, the construction contracts for MH-1 Partial Renovations were completed in July 2011, AND WHEREAS, $19,969.75 remains available in the approved project budget from the previously approved grant and local funding amounts, AND 100 ---PAGE BREAK--- WHEREAS, NYSDOT has approved the use of said remaining project grant and local funding for renovation of existing bathroom areas in Hangar MH-1, and has approved the plans and estimate for said work, AND WHEREAS, the Airport Advisory Board recommended approval of the project and use of said available remaining funds for renovation of existing bathroom areas in Hangar MH-1, AND WHEREAS, the County of Cortland now desires to use the remaining $19,969.75 in available remaining project funds to renovate the existing bathrooms using existing County workforce, AND WHEREAS, during the planning for said bathroom renovations, certain existing wall and floor coverings were found to contain non-friable asbestos containing materials (ACM), AND WHEREAS, New York State Dept. of Labor (NYSDOL) Code Rule 56 requires that a licensed ACM removal contractor perform the removals of said ACM and that a separate licensed project monitor oversee and monitor said removals, AND WHEREAS, the County of Cortland received quotes for said ACM removal and monitoring work, NOW THEREFORE, BE IT RESOLVED, that the County of Cortland hereby approves the use of the remaining $19,969.75 in project funds to renovate the existing bathrooms in Hangar MH-1 using existing County workforce, AND BE IT FURTHER RESOLVED that in accordance with the recommendations of the Highway Committee, the County hereby awards the contracts for ACM removal and monitoring to the firms with the lowest quotes for said work per specifications as follows: ACM Removal - to Sunstream Corporation, 6 Spring Forest Avenue, Binghamton, NY 13905 for the amount quoted of $3,100.00 ACM Removal Project Monitoring – to Link Environmental Services Inc., 8 Broome St., Binghamton, NY 13903 for the amount quoted of $1,143.40, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized and directed to execute the necessary contract agreements for said project. On motion of Mr. Fuller, Seconded by Mr. Troy; Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. FULLER RESOLUTION NO. 145-12 Recognize Bond Revenue/Amend Budget Highway Department WHEREAS, the Cortland County Legislature has authorized the funding of the County Highway Department’s Capital Plan by Resolution # 307-11, AND WHEREAS, the Cortland County Treasurer has been authorized to secure the necessary revenue bonds to cover the costs of the said Capital Plan, AND 101 ---PAGE BREAK--- WHEREAS, the Cortland County Highway Department is currently designing the plans and specifications for the rehabilitation or replacement of various structures, which will require these resources, NOW THEREFORE BE IT 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 2012 County Budget be amended as follows: Increase Revenue: D511248 45031.5714 Transfer from Capital Projects $1,578,477.00 Increase Expense: D51125.51005.7264 East River Rd. Culvert P/S $ 10,000 D51125.51005.7292 Preble Rd. Bridge P/S $107,000 D51125.51005.7293 Union Valley Rd. Culvert P/S $ 81,000 D51125.51005.7294 Gee Brook Rd. Culvert P/S $ 10,000 D51125.54065.7264 East River Rd. Culvert Equip $ 3,500 D51125.54065.7292 Preble Rd. Bridge Equip $143,000 D51125.54065.7293 Union Valley Rd. Culvert Equip $100,000 D51125.54065.7294 Gee Brook Rd. Culvert Equip $ 3,500 D51125.54077.7264 East River Rd. Culvert Material $325,000 D51125.54077.7292 Preble Rd. Bridge Material $160,000 D51125.54077.7293 Union Valley Rd. Culvert Mater $200,000 D51125.54077.7294 Gee Brook Rd. Culvert Material $375,000 D51125.54077.7003 Page Green Rd. Materials $ 72,000 D51125.54065.7003 Page Green Rd. Equipment $ 67,000 Decrease Expense: D51125.54065.7002 Fair Haven Rd. Rehab Equip $ 9,523 D51125.54065.7007 Washington St. Rehab Equip $ 27,000 D51125.54077.7002 Fair Haven Rd. Rehab Materials $ 12,000 D51125.54077.7007 Washington St. Rehab Materials $ 30,000 On motion of Mr. Fuller, Seconded by Mr. Cornell; Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 146-12 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 102 ---PAGE BREAK--- 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 . AWOS MAINTENANCE AND INSPECTION from Avionics Inc., 102 Gardentown Rd., Newburgh, NY 12550 CRUSHED STONE from the low bidder where cost of hauling and availability will be a consideration. DIESEL FUEL from Superior Plus Energy Services, Inc, dba Griffith Energy, 1870 Winton Road Rochester, NY 14618 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 LIQUID CALCIUM CHLORIDE from Suit-Kote, 1911 Lorings Crossing Rd., Cortland, NY 13045. OIL AND LUBRICANTS from Superior Lubricants, 32 Wand Rd., North Tonawanda, NY 14120 RETREAD TIRES from Parmenter, Inc., 103 Railroad St., Odessa, NY 14869. 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 Wayne’s Welding, Inc., 66 Calder Ave., Yorkville, NY 13748. STONE FILLING MATERIALS from the low bidder where cost and availability will be a consideration. TRANSIT MIX CONCRETE/WASTE BLOCKS from Cortland Ready Mix, Div. of WF Saunders, PO Box A, Nedrow, NY 13120-0280. TREE AND STUMP REMOVAL – from Dafoe Tree Service, 28 Clinton Ave., Homer, NY 13077. UNLEADED FUEL from Superior Plus Energy Services, Inc, dba Griffith Energy, 1870 Winton Road Rochester, NY 14618 100LL AVIATION GASOLINE from Ascent Aviation Group, Inc., One Mill St., Parish, NY 13131. On motion of Mr. Fuller, seconded by Ms. Price; Agenda Item No. 17 was introduced. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. FULLER RESOLUTION NO. 147-12 103 ---PAGE BREAK--- Award/Extend Bids Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department in 2009, 2010 and 2011 with an option to extend existing bids, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County will extend the existing 2009, 2010 and 2011 bids to purchase materials, supplies and services from the low bidders meeting specifications as follows: ASPHALT EMULSION SLURRY SEAL from Suit Kote Coporation, 1911 Lorings Crossing Rd., Cortland, NY 13045 BITUMINOUS CONCRETE from Suit Kote Coporation, 1911 Lorings Crossing Rd., Cortland, NY 13045 BITUMINOUS MATERIALS-LIQUID from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. CRACK FILLING from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. IN-PLACE RECYCLED ASPHALT PAVEMENT (COLD) and PARTIAL DEPTH STABILIZATION from Suit-Kote Corporation, 1911 Lorings Crossing Road, Cortland, New York 13045. MICROSURFACING 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. PAINTING TRAFFIC LINES from Seneca Pavement Markings, 3526 Watkins Rd., Horesheads, NY 14845. PROCESSING OF HIGHWAY AGGREGATE from RMS Gravel, Inc. 290 Mott Rd., Dryden, NY 13053. On motion of Mr. Fuller, Seconded by Mr. Spaulding, Agenda Item No. 18 was introduced. All members voting in favor, except Mr. Willcox, who was opposed. Agenda Item No. 18 became: ON MOTION OF MR. FULLER RESOLUTION NO. 148-12 Authorize Agreement/Highway Department New York State Department of Transportation WHEREAS, the undersigned County of Cortland from time to time receives permits from the Department of Transportation of the State of New York (hereinafter referred to as the “Department”) allowing Cortland County to temporarily obstruct, install, construct, maintain, operate or replace any facilities within the bounds of a State highway right-of-way pursuant to Sections 52, 103, 203, and/or 234 of the Highway Law, AND WHEREAS, the Department requires that the municipality file an undertaking to secure the County of Cortland faithful performance within the terms of any such permit and also to indemnify the State of New York (hereinafter referred to as the “State”) and others with respect to all operations under such permits by the County of Cortland , AND 104 ---PAGE BREAK--- WHEREAS, the County of Cortland hereby undertakes, to and with the State and the Department, that: NOW THEREFORE BE IT RESOLVED, the County of Cortland will well, truly and faithfully comply with and perform all the terms and conditions of each such permit on its part to be kept and performed, and abide by and comply with all such conditions, rules and regulations as may be, from time to time, promulgated by the Commissioner of Transportation of the State of New York (hereinafter referred to as the “Commissioner”), according to the true intent and meaning of such permits, rules and regulations, AND BE IT FURTHER RESOLVED, the County of Cortland will, at its own expense, complete the work allowed under each permit and within a reasonable time restore State property damaged by its work to substantially the same or equivalent condition as existed before such work was begun; and in the event that the County of Cortland fails to so restore damaged State property within what the Commissioner deems to be a reasonable time, the Commissioner, after giving written notice to the Municipality, may restore the property to substantially the same or equivalent condition as existed before the Municipality began the work and require the Municipality to reimburse the State for any and all costs incurred by the State in such restoration, AND BE IT FURTHER RESOLVED, the County of Cortland will indemnify, hold harmless and defend and protect the State of New York, the Commissioner and the Department, their officials, officers, agents and employees against and pay any and all amounts, damages and costs and judgments which may or shall be recovered against said State, or its officers, or agents, or which such State may be called upon to pay to any person or corporation by reason of damages arising or growing out of operations pursuant to said permits or the manner of doing the same, or the neglect of said County of Cortland, or its agents or servants, or the improper performance pursuant to the conditions of said permits by the municipality, its agents or servants, AND BE IT FURTHER RESOLVED, the County of Cortland, which is self-insured, will pay any and all damages, costs, including but not limited to attorney’s fees, and judgments recovered against the State, the Commissioner of Transportation and their officials, officers and employees in connection with work allowed by a permit or from use of a permit by the County of Cortland or by any person acting by, through or for the County of Cortland including omission and supervisory acts of any of the entities or persons named above, AND BE IT FURTHER RESOLVED, it is understood that this undertaking is one of indemnity only and is not to be construed as imposing on the County of Cortland an obligation to pay claims for which there would not otherwise be a remedy in a lawsuit against the State of New York, AND BE IT FURTHER RESOLVED, any payments required by the foregoing will be guaranteed by the full faith and credit of the County of Cortland, or its districts, as applicable, and will be paid out of the current budgeted funds, or if insufficient, from its liability and casualty reserve fund or from the proceeds of bonds which current laws permit the County of Cortland, to issue to pay claims against it. On motion of Mr. Fuller, Seconded by Mr. Bushnell; Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. FULLER RESOLUTION NO. 149-12 Amend 2012 Budget Recognizing Payment for Pavement Markings Highway Department 105 ---PAGE BREAK--- 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 2012 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 2012 County Budget be amended as follows: Increase: Revenue D511042.42300 Town & Village Funds $ 14,000.00 Expense D33105.54007 Maintenance Supplies $ 14,000.00 On motion of Mr. Fuller, Seconded by Mr. Troy; Agenda Item No. 20 was introduced. Ms. Briggs asked if this is the proper procedure and said she wants to ensure that the owner is getting fair market value for the rights he is giving up. Mr. Patrick Snyder said adopting these findings is the next procedural step in accordance with Eminent Domain proceedings. He said if necessary a judge will issue a fair price, however a very thorough appraisal was done and full market value was offered to the owner, who has not responded. He said the offer is still standing. The home is not in question, only the airspace above a portion of his property and the right to access the property and trim trees within the airspace is included in the easement. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. FULLER RESOLUTION NO. 150-12 Adopt Findings with Regard to Acquisition of Necessary Property 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, the Cortland County Legislature approved Resolution 337-11 to proceed with the property rights acquisition process under New York State Eminent Domain Procedure Law (EDPL), AND WHEREAS, the procedures established under the EDPL require the County to hold a public hearing, create a record of the public hearing, and adopt a Determination and Findings on behalf of the County of Cortland, AND 106 ---PAGE BREAK--- WHEREAS, the County of Cortland held a public hearing under the EDPL on February 9, 2012, held the public comment period open until February 14, 2012 in order to receive any written testimony, and created a record of the public hearing, AND WHEREAS, The Airport Advisory Board and the Highway Committee of the Cortland County Legislature recommends adoption of the attached Determination and Findings, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the attached Determination and Findings for said project under EDPL. STATE OF NEW YORK COUNTY OF CORTLAND In the Matter of EMINENT DOMAIN PROCEEDINGS DETERMINATION BY THE COUNTY OF CORTLAND and FOR THE AIRPORT OBSTRUCTION FINDINGS MITIGATION PROJECT 1. Cortland County owns the County Airport – General Levi Chase Field, and operates the airport in accordance with a master plan approved by the Federal Aviation Administration (“FAA”) in 2006. The airport is also operated in compliance with FAA regulations. 2. The County Airport has received several grants through the FAA in the past, and it will need to receive grants in the future if it is to maintain its current operations and level of service. The grants are contingent upon operating the airport in compliance with the master plan, FAA regulations, and previous grant conditions. 3. Studies conducted pursuant to the master plan and FAA regulations identified portions of 11 different properties that posed safety risks associated with aircraft while landing and/or taking off. All 11 parcels contained tree obstructions, and a few of the parcels also contained structures that were considered to present safety hazards. Those conditions constituted violations of FAA safety criteria found in the federal aviation regulations at Part 77. 4. Both the County and the FAA studied the potential environmental impacts of acquiring the necessary property rights on the 11 parcels and removing the associated trees and/or buildings. The FAA made a Finding of No Significant Impact for this project, pursuant to the National Environmental Policy Act, in June, 2009. The County made a negative declaration pursuant to the State Environmental Quality Review Act (“SEQRA”) in July, 2009. 5. The County has acquired the necessary property rights through negotiations with 10 out of the 11 parcel owners. The only property that could not be acquired through negotiations with the owner is the parcel that is the subject of this eminent domain proceeding. 6. The parcel at issue is a 15.97 ± acre parcel on the north side of Route 222, identified as tax map parcel 86.13-01-37.100. It is owned by Samuel G. Fish, Jr. 107 ---PAGE BREAK--- 7. The primary safety hazard on the Fish property at this time consists of trees which are growing up into the approach path for aircraft landing on runway 24. No existing buildings would need to be removed from the parcel. 8. The avigation easement to be acquired would allow the county to prevent trees or other obstacles from being erected into an area which is 28 feet above the ground at the southwest corner of Mr. Fish’s property, and 56 feet above ground at the eastern end of the property. 9. If trees grow into this area, or if obstacles are erected, the easement would allow the county to enter the property for purposes associated with the easement. The easement will also allow aircraft to pass through the easement area, as they could now, except for the trees. 10. A public hearing commencing eminent domain proceedings on the Fish parcel was held pursuant to the Eminent Domain Procedure Law on February 9, 2012, and the hearing record was closed on February 14, 2012. Public notice of the hearing was duly made pursuant to such law. 11. The Cortland County legislature hereby finds and declares that the proposed use of eminent domain is for a public use, that it will increase public safety for those in aircraft and on the ground, and that it is in the public interest to proceed with this action. 12. On motion of Mr. Ross, Seconded by Mr. Bushnell, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. ROSS RESOLUTION NO. 151-12 Amend 2012 Budget Planning Department (5311 STOA Program) WHEREAS, The County of Cortland has received a “clean up” SFY 2011-12 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, 2012 to December 31, 2012 the 2012 County Budget is hereby amended as follows: Increase: Expense: A80225.54081 5311 STOA $94,010.88 Increase: Revenue: A802243.43594 5311 STOA $94,010.88 On motion of Mr. Cornell, Seconded by Ms. Cobb; Agenda Item No. 22 was introduced. All members voting gin favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 152-12 Amend Contract (Res. 119-12) Board of Elections – SOE Software Corporation 108 ---PAGE BREAK--- WHEREAS, Resolution 191-09 authorized an agreement with SOE Software Corporation, 5426 Bay Center Drive, Suite 525, Tampa FL, 33609 for the “Clarity Election Suite” software, installation and training, AND WHEREAS, said agreement has expired, and the Cortland County Board of Elections wishes to continue to use the software and the County needs software support, AND WHEREAS, SOE Software Corporation is the sole provider of said software, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon approval of the county attorney, is hereby authorized and directed to enter into a contract with SOE Software Corporation, 5426 Bay Center Drive, Suite 525, Tampa FL, 33609, for Annual Software Assurance and Support, to be paid out of Account # A1450 54004, with the terms as follows: October 2011 – September 2012 $1,917.00 October 2012 – September 2013 $2,013.00 October 2013 – September 2014 $2,113.50 On motion of Mr. Cornell, Seconded by Ms. Price; Agenda Item No. 23 was introduced. Mr. Cornell noted that small amendments were made to the Rules following a Legislative work session April 23, and made a motion to amend the resolution as such. Seconded by Ms. Briggs. All members voting in favor of the amendment, none opposed. All members voting in favor of the Resolution, as amended; none opposed. Agenda Item No. 23 became: ON THE MOTION OF MR. CORNELL RESOLUTION NO. 153-12 Amend Rules of Order Cortland County Legislature WHEREAS, Local Law No. 2 for year 1972, Section 202, para.5 established that the Cortland County Legislature is empowered to enact rules governing the conduct of the members at its sessions and the manner of transacting business thereat, AND WHEREAS, County Law Section 153[8] empowers the County Legislature to determine the rules of its own proceedings, and Resolution No. 7-12 adopted the Rules of Order for the 2012 County Legislature, NOW, THEREFORE BE IT RESOLVED, the Rules of Order are hereby amended in accordance with the attached Exhibit entitled "Rules of Order for the Cortland County Legislature" AND, BE IT FURTHER RESOLVED, that this resolution shall take effect April 26, 2012. (See Agenda Item No. 24 – “Adopt Local Law No. 3 of 2012” above) On motion of Mr. Whitney, Seconded by Ms. Cobb; Agenda Item No. 25 was introduced. All members voting in favor; none opposed. Agenda Item No. 25 became: 109 ---PAGE BREAK--- ON MOTION OF MR. WHITNEY RESOLUTION NO. 154-12 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Contracting with VIP Installations) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the CAP through the DA wishes to contract with VIP Installations for the purchase of a needed security system/key fob access to allow for access control of the center in the amount of $2,475.00, paid for through said NYS grant, as approved for the current fiscal year; NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign such agreements as are necessary to purchase the needed camera system and is hereby authorized to approve payment of such amount. On motion of Mr. Pace, Seconded by Mr. Bushnell; Agenda Item No. 26 was introduced. Mr. Pace announced a friendly amendment, adjusting account numbers. Ms. Briggs asked for clarification on the resolution. Chairman Park answered that annual payments from the Tobacco Asset Securitization Corporation, to the County, had not been made in several years. This resolution is accepting past-due funds. They may be used for anything that will reduce the burden of operating County government. A portion of the money is being used to update Room 304 which is utilized by all County departments as a meeting room. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PACE RESOLUTION NO. 155-12 Accept Funds/Amend Budget Cortland County Tobacco Asset Securitization Corp. (County Legislature) WHEREAS, Cortland County provides space, legal counsel and other administrative services to the Cortland County Tobacco Asset Securitization Corporation (TASC), AND WHEREAS, the Cortland County TASC has not provided payment for said services since 2004, NOW THEREFORE BE IT RESOLVED, that upon approval of the County Attorney, Cortland County hereby accepts $40,638.13 from the Cortland County Tobacco Asset Securitization Corporation, AND BE IT FURTHER RESOLVED, that the 2012 budget be amended as follows; Increase: Revenue: Account A101042 41289 Miscellaneous Revenue $40,638.13 110 ---PAGE BREAK--- Increase Expense: Account A10105 54055 Professional Services $ 8,000.00 Account A10105 54075 Office Equipment $ 5,000.00 Account A10105 50483 B&G Rent $ 3,031.88 Account A10105 50483 Co. Attorney Svcs. $ 2,756.25 Account A10105 54005 Office Supplies $21,850.00 On motion of Mr. Pace, Seconded by Mr. Bushnell; Agenda Item No. 27 was introduced. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 156-12 Transfer Funds/Amend Budget/Accept Funds District Attorney Salary Increase WHEREAS, NYS Judicial Law §183a links judicial salaries with County District Attorney Salaries, AND WHEREAS, the NYS Judicial Compensation Commission has recommended a 27% salary increase over the next three years, including a 17% increase effective April 1, 2012, AND WHEREAS, NYS has pledged financial support for the salary increase for 2012 only, and said funds have not yet been received, and are not budgeted in the 2012 budget, NOW THEREFORE BE IT RESOLVED, that the 2012 budget is hereby amended to cover the increase salary and benefits for the Cortland County District Attorney, as follows; Decrease: Account # A19905 Contingency $15,410.00 Increase: Account # A1165 51005 Personal Services $12,200.00 Account # A1165 58020 Retirement $ 2,260.00 Account # A1165 58030 FICA $ 950.00 , AND BE IT FURTHER RESOLVED that said reimbursement from NYS, when received, shall be reflected in Revenue Account #A1165 43030, and shall be returned to the Contingency Fund (A19905). Mr. Troy made a motion to consider a Special Article. Seconded by Mr. Wheelock. All members voting in favor; none opposed. The item became: ON MOTION OF MR. PARK RESOLUTION NO. 157-12 Amend Budget/Transfer Funds Highway Department 111 ---PAGE BREAK--- WHEREAS, the Village of Homer has requested to purchase motor fuels from the Cortland County Highway Department, AND WHEREAS, the Cortland County Highway Department is estimated to receive $45,000.00 more revenue from the sale of motor fuel as a result of the Village of Homer fuel purchases in the 2012 budget, AND WHEREAS, the County Highway Department Budget must be increased to purchase the requested fuel for the Village of Homer, NOW THEREFORE BE IT RESOLVED, that the 2012 Adopted County Budget is hereby amended as follows: Increase: Revenue: E513042.42300 Fuels Sales $45,000.00 Increase: Expense: E51305.54078 Fuel $45,000.00 Announcements: Mr. Cornell announced that the County/City/Towns/Villages/Schools committee will meet directly following this meeting to discuss rural public transportation efforts, and an update on the Emergency Interoperable Communications System. Mr. Arnold announced that a solid waste discussion will be held at TC3 on April 27 and the agenda includes thermal gasification. She invited all Legislators to attend. Adjournment Mr. Park adjourned the meeting at 7:04 p.m. Cortland County Legislature May 22, 2012 6:00 P.M. – Special Meeting Minutes Order of Business Chairman Park opened the meeting at approximately 6:03 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Ross and Mr. Natoli, who were excused. 112 ---PAGE BREAK--- New Business Mr. Park welcomed everyone and said tonight he will be giving a financial overview of the County’s situation, which will lead into a discussion on the proposed sales tax agreement. He said the County is still under the NYS imposed 2% property tax cap, which does allow for some exemptions. With those exemptions the County is looking at an estimated allowable tax levy increase of $1,066,958. He said some serious cuts will need to be made to stay under that number, particularly with a landfill cell closure (appx. $1.5 million) and a potential repayment from the Mental Health Department based on the Office of Medicaid Inspector General’s audit ($898,834). The County is also faced with additional bond indebtedness and lease payments due to the Interoperable Communications Project. Ms. Briggs asked that legislators be provided with a copy of the bond payment schedule, including the interest rates. Mr. Park said the County is dangerously close to its constitutional taxing limit, at 90.84 % of this limit. Without any cuts, or additional revenues, in 2013 the County would need to tax at 94.74% of its taxing limit. Mr. Park said because of the above figures, he is recommending the proposed sales tax agreement, which would allow for the required payments for the Interoperable Communications Project to come off the top of sales tax revenue, and the remaining will be split according to an agreed upon formula. He said the County is estimating a 3% sales tax growth from 2013, 2014 and 2015, and a 2.5% increase in 2016 and 2017. The proposed formula would take an approximate $1.2 million out of the total sales tax revenue for the Communication system, and then allow the County to keep 52% of the remaining revenue in 2013; 52.37 % in 2014; 52.62% in 2015; 53% in 2016; and 53.5% in 2017. If the revenues increase at the estimated levels, then every municipality would see an increase in sales tax every year of the agreement. He added that in recent years the County, the city and towns receive a windfall of funding due to strong sales tax. Mr. Fred Forbes, Homer Supervisor, said he is in support of this proposal. Mr. Park encouraged all towns to weigh in on the proposal. Mr. Brian Tobin, Mayor of Cortland, said this proposal is similar to the city’s third proposal, but the percentages are different. Mr. Park agreed, saying the City had proposed keeping the percentage at 52% for the life of the agreement, while the County’s proposal increases 1.5% (in favor of the County) over the course of the five-year agreement. Mayor Tobin said the County should consider that more property within the city limits is becoming tax exempt, including County property, which reduced the City’s taxable assessed value. Ms. Briggs asked about the process if a new agreement isn’t adopted by June 1. Mr. Park said the new agreement must be approved six months prior to the expiration of the current one, but said he did not know the impacts or process if that deadline is not reached, and asked Mr. Hartnett, Assistant County Attorney, to look into it. Mr. Park said he is hoping to hold a special meeting early in June to address and adopt a final sales tax agreement. Adjournment Mr. Park adjourned the meeting at 7:02 p.m. 113 ---PAGE BREAK--- Cortland County Legislature April 26, 2012 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing on proposed Local Law No. 4 of 2012 at 6:01 p.m., and the Clerk read the legal notice announcing the meeting. There was no one present who wished to speak regarding Proposed Local Law No. 3 of 2012. Mr. Park closed the public hearing. Order of Business Chairman Park opened the meeting at approximately 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 April 24, 2012 Regular Meeting. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor The Clerk recognized Mr. John Carroll, of Virgil, who spoke in favor of Agenda Item No. 13, Adopting Local Law No. 4 of 2012. He said over the years the Legislature has reduced its workload through the reduction of meetings and committees, and hiring an administrator. He said a reduction of two legislators would also create a more representative body that would not allow nine legislators to outvote 10 with a lower weighted vote. Proclamations & Recognitions The Clerk read a proclamation proclaiming May 25, 2012, as Mayday for Mandate Relief in Cortland County. The proclamation called upon members of the NYS Legislature and the governor to reduce the number of mandates on Counties. Receive & File Ms. Price made a motion to Receive and File the 2011 Annual Report for the Area Agency on Aging, and the Semi-Annual Mortgage Tax Distribution Report (Oct. 2011 to March 2012). Seconded by Mr. Cornell. All members voting in favor; none opposed. New Business On motion of Mr. Park; Seconded by Mr. Cornell, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 158-12 Authorize Public Hearing Tompkins Cortland Community College (2012-2013 Operating Budget) 114 ---PAGE BREAK--- RESOLVED, that a public hearing be held before this Legislature on the Operating Budget of Tompkins Cortland Community College for the fiscal year September 1, 2012 to August 31, 2013, on June 28, 2012, in the Legislative Chambers, County Office Building, 60 Central Avenue, PO Box 5590, Cortland, New York, 13045, at 6:00 p.m., AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature be and hereby is authorized and directed to give due public notice of said hearing. On motion of Mr. Park; Seconded by Ms. Briggs, Agenda Item No. 2 was introduced. Mr. Pace noted that this resolution did not go through Budget & Finance Committee, and asked that the resolution reflect that. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PACE RESOLUTION NO. 159-12 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, 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, 2011 – March 31, 2012 Cortlandville Village of McGraw $ 1,382.45 Village of Homer $ 214.86 Town of Cortlandville $59,576.67 $61,173.98 Homer Village of Homer $ 7,486.58 Town of Homer $27,146.07 $34,632.65 Marathon Village of Marathon $ 1,468.64 Town of Marathon $ 6,437.49 $ 7,906.13 On motion of Ms. Price; Seconded by Mr. Troy, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: 115 ---PAGE BREAK--- ON MOTION OF MS. PRICE RESOLUTION NO. 160-12 Authorize Agreement Employment and Training Department Cayuga-Cortland Workforce Investment Board (WIB) and The Chief Elected Officials of Cayuga and Cortland Counties WHEREAS, The Workforce Investment Act hereinafter referred to as the Act (20USC9201 et. Seq., Public Law 105-220,112 Stat.936), authorized the expenditure of federal funds to assist local governments in coordinating and implementing workforce development programs in locally determined Workforce Investment Areas (WIA’S), AND WHEREAS, The Counties constitute a jurisdiction eligible for designation as a WIA, AND WHEREAS, The Act requires the establishment of a Workforce Investment Board to assist in carrying out provisions of the Act, AND WHEREAS, The Act requires a partnership between the Workforce Investment Board and the elected officials of the Counties, AND WHEREAS, the Act requires WIB and the elected officials of the Counties to define the scope of their partnership by means of an Agreement, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Cortland County Legislature upon your review and approval by the County Attorney, be and hereby is authorized to execute the agreement with the Workforce Investment Board, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to execute such agreements with agencies of the State of New York as are necessary to conduct programs authorized under the Workforce Investment Act for the period beginning July 1, 2012 and ending June 30, 2013. On motion of Ms. Price; Seconded by Mr. Cornell, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 161-12 Amend Budget Department of Social Services (YWCA) WHEREAS, the NYS Office of Children and Family Services has allocated TANF funds for Non- Residential Domestic Violence Services, AND WHEREAS, the Young Women’s Christian Association (YWCA) Aid to Victims of Violence (AVV) program is an authorized provider of such services, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of July 1, 2012 through December 31, 2012 with the YWCA in an amount not to exceed $4,000.00, AND BE IT FURTHER 116 ---PAGE BREAK--- RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4693 Admin-Non-Res DV $4,000.00 Revenue: A601044.44689.4693 Fed-Administration $4,000.00 On motion of Mr. Fuller; Seconded by Ms. Price, Agenda Item No. 5 was introduced. Mr. Fuller said that Request For Proposals were sent out, the Airport Advisory Board reviewed the submissions, and recommends the County continue to work with McFarland –Johnson for airport engineering. Mr. Bushnell, who sits on the Advisory Board, said there were five proposals the Board reviewed. Mr. Willcox asked about the cost of the work. Highway Superintendent Don Chambers said the scope of the work is determined by each project, which is typically funded by the FAA, and approved individually by the Legislature. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. FULLER RESOLUTION NO. 162-12 Approval of selection of Airport Engineering Consultant Five-year Term (2012 – 2017) Cortland County Airport/Highway Department WHEREAS, the County applies for and receives Federal and State grant funding through the Federal Aviation Administration (FAA) for various capital improvement and aviation safety related projects at the Cortland County Airport, AND WHEREAS, the FAA has issued guidelines for the selection and procurement of Engineering Services under Advisory Circular (AC) 150/1500-14D for projects in which the FAA provides grant funding, AND WHEREAS, the County advertised for and received proposals to provide airport engineering services from various firms in accordance with said AC 150/1500-14D, AND WHERAS, the Airport Advisory Board evaluated qualifications of the firms that submitted proposals and has recommended McFarland Johnson, Inc., 49 Court St., Metrocenter, P.O. Box 1980, Binghamton, NY 13902 to provide Professional Airport Engineering Services to the County for airport related projects for a five-year term, AND WHEREAS, the Highway Committee has recommended McFarland Johnson, Inc., 49 Court St., Metrocenter, P.O. Box 1980, Binghamton, NY 13902 to provide Professional Airport Engineering Services to the County for airport related projects for a five-year term, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the selection of McFarland – Johnson, Inc., 49 Court St., Metrocenter, P.O. Box 1980, Binghamton, NY 13902 to provide Professional Airport Engineering Services to the County for airport related projects for a five-year term beginning May 25, 2012. 117 ---PAGE BREAK--- On motion of Mr. Fuller; Seconded by Mr. Cornell, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 163-12 Award Highway Construction Project – Replacement of Large Culvert over Place Brook on Gee Brook Rd.(C.R. 162) Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the Replacement of a Large Culvert on Gee Brook Rd. 162) over Place Brook, AND WHEREAS, the bids received are as follows: BIDDERS BID ZMK Construction, Inc. $505,000.00 3430 Route 434 Apalachin, NY 13732 Economy Paving Co., Inc. $566,964.00 1819 NYS Rt. 13 Cortland, NY 13045 BOTHAR Construction, LLC $579,213.80 170 East Service Road Binghamton, NY 13901 Procon Contracting, LLC $597,700.00 P.O. Box 1037 100 Vestal Rd.Vestal, NY 13851 , NOW THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: ZMK Construction, Inc., 3430 Route 434, Apalachin, NY 13732 for the total amount bid of $505,000.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with ZMK Construction, Inc., AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said construction agreement from Account D51125.54077.7294 Materials and Supplies for the Gee Brook Road Large Culvert Replacement Project. On motion of Mr. Fuller; Seconded by Mr. Bushnell, Agenda Item No. 7 was introduced. Ms. Arnold asked if the projects being decreased will still be completed. Mr. Chambers said some project bids came in lower than expected, so additional funds are available. Other projects, such as S. Cortland-Virgil Road, will be decreased 118 ---PAGE BREAK--- in scope, with plans to complete the original scope of work next year. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 164-12 Transfer Funds/Highway Capital Projects Highway Department WHEREAS, the Cortland County Legislature has approved the County Highway Department Capital Project Funding for 2012, AND WHEREAS, the Cortland County Superintendent of Highways has advertised and received bids for various projects, AND WHEREAS, the actual bid amount associated with the Gee Brook Road Culvert Replacement Project has exceeded the funds appropriated for the said 2012 Capital Project, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following accounts are hereby be modified, AND BE IT FURTHER RESOLVED, that the 2012 County Budget be amended as follows: Decrease Expense: D51125.54077.7005 $15,000.00 E. Keeney Rd. - Materials D51125.54077.7006 $15,000.00 W. State Rd. - Materials D51125.54077.7008 $80,000.00 S. Cortland-Virgil Rd. - Materials D51125.54077.7292 $10,000.00 Preble Road Bridge – Materials D51125.54077.7293 $10,000.00 Union Valley Rd. Culvert - Materials Increase Expense: D51125.54077.7294 $130,000.00 Gee Brook Rd. Culvert - Materials On motion of Mr. Fuller; Seconded by Mr. Cornell, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 165-12 Award Highway Construction Project – Replacement of Bridge 3311950 on Preble Rd.(C.R. 108B) Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the Aluminum Pipes necessary for the Replacement of a Bridge 3311950 on Preble Rd. (C.R.108B), AND WHEREAS, the bids received are as follows: BIDDERS BID 119 ---PAGE BREAK--- Contech Engineered Solutions, LLC $24,444.00 16 Cassidy Drive Saratoga Springs, NY 12866 Lane Enterprises, Inc. $30,330.69 PO Box 711 Bath, NY 14810 , NOW THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the Aluminum Pipe material bid to the lowest bidder: Contech Engineered Solutions, LLC, 16 Cassidy Drive, Saratoga Springs, NY 12866 for the total amount bid of $24,444.00, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said construction materials from Account D51125.54077.7292 Materials and Supplies for the Preble Road Bridge Replacement Project. On motion of Mr. Fuller; Seconded by Ms. Price, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 166-12 Award Highway Construction Project – Design, Supply and Install Prestressed Concrete Superstructure & Precast Concrete Wingwalls on Union Valley Rd.(C.R. 158) Highway Department WHEREAS, the Highway Superintendent advertised for and received bids to Design, Supply and Install Prestressed Concrete Superstructure & Precast Concrete Wingwalls on Union Valley Rd. 158), AND WHEREAS, the bids received are as follows: BIDDERS BID Stephen Miller General Contractors, Inc. $85,518.00 P.O. Box 291 Mayfield, NY 12117 Silverline Construction, Inc. $91,500.00 4299 Newton Rd. Burdett, NY 14818 Economy Paving Co., Inc. $96,921.50 1819 NYS RT 13 Cortland, NY 13045 Auburn Crain & Rigging, Inc. $112,852.57 7689 North St. Road 120 ---PAGE BREAK--- Auburn, NY 13021 C & S Technical Resources, Inc. $118,500.00 499 Col. Eileen Collins Blvd. Syracuse, NY 13212 , NOW THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: Stephen Miller General Contractors, Inc., P.O. Box 291, Mayfield, NY 12117 for the total amount bid of $85,518.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Stephen Miller General Contractors, Inc., P.O. Box 291, Mayfield, NY 12117, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said construction agreement from Account D51125.54077.7293 Materials and Supplies for the Union Valley Road project. On motion of Mr. Fuller; Seconded by Mr. Cornell, Agenda Item No. 10 was introduced. Mr. Fuller said the Highway Committee asked for quote on building a facility, rather than renting, and initial cost estimates, with prevailing wage rates, were about $287,000 for a building, and $70,000 for a foundation. All members voting in favor; except Mr. Ross and Mr. Willcox, who were opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 167-12 Rental Contract/Highway Department (Cortland County Agricultural Corp.) 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 2012-2013 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. On motion of Mr. Fuller; Seconded by Ms. Price, Agenda Item No. 11 was introduced. Mr. Troy disclosed that his son works for Gomez & Sullivan. Mr. Chambers said the dam was 95% designed, however due to a new classification by the DEC, the dam needed to be re-designed. Ms. Briggs asked why this less-expensive dam was not initially proposed. Mr. Chambers said that NYS and the DEC just recently approved this type of structure. All members voting in favor, except Ms. Briggs and Mr. Willcox, who were opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 168-12 121 ---PAGE BREAK--- Supplementary Engineering Services Agreement (Gomez & Sullivan) Highway Department WHEREAS, the Cortland County Legislature approved an Engineering Agreement for with Gomez & Sullivan Engineers, P.C. for the engineering in connection with the replacement of the Little York Lake Dam by Resolution 155-09, AND WHEREAS, the scope of the Little York Lake Dam engineering has expanded due to a change in the Hazard Classification of the Dam from a class to a class by NYSDEC, AND WHEREAS, the County Highway Superintendent has recommended entering into a Supplementary Agreement with Gomez & Sullivan Engineers, P.C., 288 Genesee Street, Utica, New York 13502 to complete the design of the Little York Lake Dam in conformance with the NYSDEC standards for a class Hazard Classified Dam Replacement Project, NOW THEREFORE BE IT RESOLVED, that all engineering fees associated with the completion of the design of the replacement of the Little York Lake Dam shall not exceed $91,000, AND BE IT FURTHER Resolved, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized and directed to execute a contract with Gomez & Sullivan Engineers, P.C., 288 Genesee Street, Utica, New York 13502 for Professional Engineering Services related to the Replacement of the Little York Lake Dam, with a cost not to exceed $91,000 to be paid out of Account H87455.54055.2245, AND BE IT FURTHER RESOLVED, that the 2012 budget be amended as follows: Increase: Expense: H87455.54055.2245 Professional Services $91,000 Decrease: A19905.54775 Contingency $91,000 Mr. Cornell made a motion to consider an additional item not on the agenda as a special article. Seconded by Ms. Briggs. All members voting in favor; none opposed. The motion was approved. On motion of Mr. Park; Seconded by Mr. Troy, the special article was introduced. Mr. Chambers said NYS has announced grant funds for waterfront revitalization. Two quotes were received, from Thoma Development and Barton & Loguidice. If awarded, the grant would be for a maximum amount of $500,000. The grant will be reviewed by the Regional Economic Development Council, of which Mr. Park and City Mayor Brian Tobin are ex-officio members, and Garry VanGorder, Director of the BDC/IDA is a voting member. Mr. Chambers said Thoma Development has submitted two grants for the pavilion at Dwyer Park, neither of which were funded. Barton & Loguidice’s quote was in excess of $4,000. Mr. Pace asked what kind of experience Thoma Development has in waterfront development grants and large capital projects. Mr. Fuller, Ms. Price and Mr. Wheelock all spoke in favor of Thoma Development, saying their respective towns have all worked with Thoma in the past. Mr. Chambers said the grant needs to be submitted by mid-July. Chairman Park called for a roll-call vote. Legislators Boyden, Bushnell, Cornell, Fuller, Natoli, Parker, Price, Ross, Spaulding, Troy, Wheelock, Whitney and Park voted in favor of the resolution. Legislators Arnold, 122 ---PAGE BREAK--- Briggs, Cobb, Hartnett, Pace and Willcox were opposed. The motion was approved with a weighted vote of 33,085. The special article became: ON MOTION OF MR. PARK RESOLUTION NO. 169-12 Grant Writing Services Agreement Highway Department WHEREAS, the Cortland County Highway Department has been made aware of NYS Grant funds that may be available to fund the replacement of the Little York Lake Dam at a level of up to 50% funding, AND WHEREAS, the Cortland County Highway Superintendent obtained two quotes for the professional services to prepare a grant application to the New York State Local Waterfront Revitalization Program (LWRP), AND WHEREAS, the County Highway Superintendent has recommended entering into an Agreement with Thoma Development Consultants, 34 Tompkins Street, Cortland, New York 13045 to prepare the LWRP grant for the replacement of the Little York Lake Dam, NOW THEREFORE, BE IT RESOLVED, that all professional service fees associated with the preparation of the NYS LWRP grant for the of the replacement of the Little York Lake Dam shall not exceed $3,000, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized and directed to execute a contract with Thoma Development Consultants, 34 Tompkins Street, Cortland, New York 13045 for the Professional Grant Writing Services related to the Replacement of the Little York Lake Dam, with a cost not to exceed $3,000 to be paid out of Account H87455.54055.2245, AND BE IT FURTHER RESOLVED, that the 2012 budget be amended as follows: Increase: Expense: H87455.54055.2245 Professional Services $3,000 Decrease: A19905.54775 Contingency Fund $3,000 On motion of Mr. Troy; Seconded by Mr. Cornell, Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. TROY RESOLUTION NO. 170-12 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 123 ---PAGE BREAK--- 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 The Environmental Service Group (NY), Inc. $40.00 per car 177 Wales Avenue $5,000.00 Minimum Tonawanda, NY 14150 Clean Venture, Inc. $37.00 per car 201 South First St. $6,500.00 Minimum Elizabeth, New Jersey 07206 MXI Environmental Services, LLC $49.00 per car 26319 Old Trail Rd. $6,500.00 Minimum Abingdon, VA 24210 , AND WHEREAS, the amount is not to exceed $ 7,000.00. , NOW THEREFORE, BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL81605.54625 Garbage for the Collection and Disposal of Household Hazardous Waste, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with The Environmental Service Group (NY), Inc., 177 Wales Avenue, Tonawanda, NY 14150, with a maximum amount not to exceed $7,000.00. On motion of Mr. Ross. Seconded by Ms. Briggs, Agenda Item No. 13 was introduced. Mr. Troy said a reduced number of legislators from 19 to 17 will result in each legislator representing more than 300 additional residents. He said while reducing from 19 to 17 will mathematically exclude the possibility of nine legislators out-voting 10, to his knowledge that has never happened in the history of the legislature. He said other counties who have reduced legislators resulted in increased salaries for those that remained. Mr. Troy said the City of Cortland has decided to keep their wards the same, which may result in a very difficult and potentially costly situation for the Board of Elections. Mr. Troy said he would support a reduction to 13 legislators. Ms. Arnold said Mr. Ross should consider pulling the resolution and further reviewing a 13- member legislature. Ms. Briggs said the public deserves the right to choose their representation, and urged legislators to put this proposition on the ballot. Mr. Pace said reducing the number of legislators will provide more of a “one-man one-vote” situation, and added that he would support a reduction to 13 or 11. Mr. Parker agreed, saying he would prefer the Ag & Planning Committee to reconsider a new proposition for 13 legislators. Mr. Purser said if this is approved, then another option can not be introduced for another ten years, without rescinding the action already taken. Chairman Park called for a roll call vote. Legislators Arnold, Boyden, Briggs, Cornell, Fuller, Hartnett, Natoli, Pace, Ross, Wheelock, Whitney, Willcox and Park voting in favor. Legislators Bushnell, Cobb, Parker, Price, Spaulding, and Troy were opposed. The resolution was approved with a weighted vote of 33,663. Agenda Item No. 13 became: 124 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 171-12 Adopt Local Law No. 4 For 2012 2012 Legislative Redistricting of Cortland County WHEREAS, the proposed Local Law No. 4 for 2012, Redistricting Cortland County, has been in its final form upon the desks of the members of the Legislature at least seven calendar days prior to this date, AND WHEREAS, a Public Hearing regarding Proposed Local Law No. 4 of 2012, was held May 24, 2012, before this Legislature, following the publication of notice thereof required by law, NOW THEREFORE BE IT RESOLVED, that Local Law No. 04 for 2012 be passed and enacted. Local Law No. 4 of 2012 2012 Legislative Redistricting CONTENTS Article 1. Purpose Article 2. Reapportionment of districts Article 3. Adoption of a weighted voting plan Article 4. Effect on Local Laws and Resolutions Article 5. Ballot proposition – submission to voters Article 6. Effective date ARTICLE 1. This Local Law sets forth revised Legislative districts which have been developed based upon the 2010 federal census with the conformity of the “one person-one vote” concept as its objective, and a weighted voting plan has been developed on this basis. ARTICLE 2. Reapportionment of Districts: For the purpose of electing legislators, Cortland County will be divided into seventeen (17) legislative districts the population of which shall be based on the Two Thousand Ten (2010) federal census. The territorial boundaries and population of these districts are as follows: Districts: With the passage of this Local Law the districts from which legislators in Cortland County will be elected effective with the November 2013 Election and their respective populations are as follows: DISTRICT NO. 1 ALL THAT PORTION OF THE CITY OF CORTLAND LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point un the center line of Homer Avenue where said center line intersects with the northern boundary of the City of Cortland; thence southerly along the center line of Homer Avenue to the point where said center line intersects with the center line of Madison Street; thence westerly along the center line of Madison Street to a point where the center line of Madison Street is intersected by Woodruff 125 ---PAGE BREAK--- Street; thence southerly along the center line of Woodruff Street to a point where the center line of Woodruff Street is intersected by Maple Avenue; thence easterly along the center line of Maple Avenue to a point where the center line of Maple Avenue is intersected by Otter Creek; thence southwesterly along the center line of Otter Creek to a point where the centerline of Otter Creek is intersected by Groton Avenue; thence westerly along the centerline of Groton Avenue to a point where the center line of Groton Avenue is intersected by the western boundary of the City of Cortland; thence northerly along the western boundary of the City of Cortland to a point where the western boundary of the City of Cortland is intersected by the northern boundary of the City of Cortland; thence easterly along the northern boundary of the City of Cortland to the point and place of beginning. Population: 2,744 DISTRICT NO. 2 ALL THAT PORTION OF THE CITY OF CORTLAND LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point on the center line of Madison Street where said center line intersects with the center line of Woodruff Street; thence southerly along the center line of Woodruff Street to a point where the center line of Woodruff Street is intersected by Maple Avenue; thence easterly along the center line of Maple Avenue to a point where the center line of Maple Avenue is intersected by Otter Creek; thence southwesterly along the center line of Otter Creek to a point where the center line of Otter Creek is intersected by Groton Avenue; thence westerly along the centerline of Groton Avenue to a point where the centerline of Groton Avenue is intersected by Townley Avenue; thence southerly along the center line of Townley Avenue to a point where the center line of Townley Avenue is intersected by Broadway Street; thence southerly along the center line of Broadway Street to a point where the center line of Broadway Street is intersected by Neubig Road; thence northerly along the center line of Neubig Road to a point where the center line of Neubig Road is intersected by Prospect Terrace; thence easterly along the center line of Prospect Terrace to a point where the center line of Prospect Terrace is intersected by Graham Avenue; thence northerly along the center line of Graham Avenue to a point where the center line of Graham Avenue is intersected by West Court Street; thence easterly along the center line of West Court Street to a point where the center line of West Court Street is intersected by Stevenson Street; thence southerly along the center line of Stevenson Street to a point where the center line of Stevenson Street is intersected by Clayton Avenue; thence easterly along the center line of Clayton Avenue to a point where the center line of Clayton Avenue is intersected by Hill Street; thence southerly along the center line of Hill Street to a point where the center line of Hill Street is intersected by Prospect Terrace; thence southeasterly along the center line of Prospect Terrace to a point where the center line of Prospect Terrace is intersected by Tompkins Street; thence northeasterly along the center line of Tompkins Street to a point where the center line of Tompkins Street is intersected by Main Street; thence northerly along the center line of Main Street to a point where the center line of Main Street is intersected by Clinton Avenue; thence northeasterly along the center line of Clinton Avenue to a point where the center line of Clinton Avenue is intersected by North Church Street; thence northerly along the center line of North Church Street to a point where the center line of North Church Street is intersected by Grant Street; thence westerly along the center line of Grant Street to a point where the centerline of Grant Street is intersected by North Main Street; thence southerly along the center line of North Main Street to a point where the center line of North Main Street is intersected by Madison Street; thence westerly along Madison Street to the point and place of the beginning. Population: 2,747 DISTRICT NO. 3 ALL THAT PORTION OF THE CITY OF CORTLAND LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point on the center line of Townley Avenue where said center line intersects 126 ---PAGE BREAK--- with the center line of Groton Avenue; thence southerly along the center line of Townley Avenue to a point where the center line of Townley Avenue is intersected by Broadway Street; thence southerly along the center line of Broadway Street to a point where the center line of Broadway Street is intersected by Neubig Road; thence northerly along the center line of Neubig Road to a point where the center line of Neubig Road is intersected by Prospect Terrace; thence easterly along the center line of Prospect Terrace to a point where the center line of Prospect Terrace is intersected by a paved service road running north-south on the SUNY Cortland campus; thence southerly along the center line of the paved service running north-south on the SUNY Cortland campus to a point where the center line of the paved service road running north-south on the SUNY Cortland campus is intersected by Sands Street; thence southeasterly along the center line of Sands Street to a point where the center line of Sands Street is intersected by Tompkins Street; thence southwesterly along the center line of Tompkins Street to a point where the center line of Tompkins Street is intersected by Delaware Avenue; thence southerly along the center line of Delaware Avenue to a point where the center line of Delaware Avenue is intersected by Squires Street; thence easterly along the center line of Squires Street to a point where the center line of Squires Street is intersected by Owego Street; thence southerly along the center line of Owego Street to a point where the center line of Owego Street is intersected by Taylor Street; thence westerly along the center line of Taylor Street to a point where the center line of Taylor Street is intersected by Delaware Avenue; thence southerly along the center line of Delaware Avenue to a point where the center line of Delaware Avenue is intersected by Raymond Avenue; thence westerly along the center line of Raymond Avenue to a point where the center line of Raymond Avenue comes to a termination at the westernmost extent of the center line of Raymond Avenue; thence southerly from the westernmost extent of the center line of Raymond Avenue to a point at the westernmost extent of the center line of Kinney Lane; thence southerly from the westernmost extent of the center line of Kinney Lane to a point along the southern boundary of the City of Cortland; thence westerly along the southern boundary of the City of Cortland to a point where the southern boundary of the City of Cortland is intersected by the western boundary of the City of Cortland; thence northerly along the western boundary of the City of Cortland to a point where the western boundary of the City of Cortland is intersected by Groton Avenue; thence easterly along the center line of Groton Avenue to the point and place of beginning. Population: 2,743 DISTRICT NO. 4 ALL THAT PORTION OF THE CITY OF CORTLAND LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point on the center line of Stevenson Street where said center line intersects with the center line of West Court Street; thence westerly along the center line of West Court Street to a point where the center line of West Court Street is intersected by Graham Avenue; thence southerly along the center line of Graham Avenue to a point where the center line of Graham Avenue is intersected by Prospect Terrace; thence westerly along the center line of Prospect Terrace to a point where the center line of Prospect Terrace is intersected by a paved service road running north-south on the SUNY Cortland campus; thence southerly along the center line of the paved service road running north-south on the SUNY Cortland campus to a point where the center line of the paved service road running north-south on the SUNY Cortland campus is intersected by Sands Street, thence southeasterly along the center line of Sands Street to a point where the center line of Sands Street is intersected by Tompkins Street; thence southwesterly along the center line of Tompkins Street to a point where the center line of Delaware Avenue is intersected by Squires Street; thence easterly along the center line of Squires Street to a point where the center line of Squires Street is intersected by Owego Street; thence southerly along the center line of Owego Street to a point where the center line of Owego Street is intersected by Taylor Street; thence westerly along the center line of Taylor Street to a point where the center line of Taylor Street is intersected by Delaware Avenue; thence southerly along the center line of Delaware Avenue to a point where the center line of Delaware Avenue is intersected by Raymond Avenue; thence westerly 127 ---PAGE BREAK--- along the center line of Raymond Avenue to a point where the center line of Raymond Avenue comes to a termination at the western most extent of the center line of Raymond Avenue; thence southerly from the westernmost extent of the center line of Raymond Avenue to a point of the westernmost extent of the center line of Kinney Lane; thence southerly from the westernmost extent of the center line of Kinney Lane to a point along the southern boundary of the City of Cortland; thence easterly along the southern boundary of the City of Cortland to a point where the southern boundary of the City of Cortland is intersected by Pendleton Street; thence northerly along the center line of Pendleton Street to a point where the center line of Pendleton Street is intersected by the New York, Susquehanna and Western Railway, thence westerly along the center line of the New York, Susquehanna and Western Railway to a point where the center line of the New York, Susquehanna and Western Railway is intersected by Main Street; thence northerly along the center line of Main Street to a point where the center line of Main Street is intersected by Stewart Place; thence westerly along the center line of Stewart Place to a point where the center line of Stewart Place is intersected by Reynolds Avenue; thence northerly along the center line of Reynolds Avenue to a point where the center line of Reynolds Avenue is intersected by Tompkins Street; thence northeasterly along the center line of Tompkins Street to a point where the center line of Tompkins Street is intersected by Prospect Terrace; thence northwesterly along the center line of Prospect Terrace to a point where the center line of Prospect Terrace is intersected by Hill Street; thence northerly along the center line of Hill Street to a point where the center line of Hill Street is intersected by Clayton Avenue; thence westerly along the center line of Clayton Avenue to a point where the center line of Clayton Avenue is intersected by Stevenson Street; thence northerly along the center line of Stevenson Street to the point and place of beginning. Population: 2,743 DISTRICT NO. 5 ALL THAT PORTION OF THE CITY OF CORTLAND LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point on the center line of Port Watson Street where said center line intersects the eastern boundary of the City of Cortland; thence southerly along the eastern boundary of the City of Cortland to a point where the eastern boundary of the City of Cortland is intersected by the southern boundary of the City of Cortland; thence westerly along the southern boundary of the City of Cortland to a point where the southern boundary of the City of Cortland is intersected by Pendleton Street; thence northerly along the center line of Pendleton Street to a point where the center line of Pendleton Street is intersected by the New York, Susquehanna and Western Railway; thence westerly along the center line of the New York, Susquehanna and Western Railway to a point where the center line of the New York, Susquehanna and Western Railway is intersected by Main Street; thence northerly along the center line of Main Street to a point where the center line of Main Street is intersected by Stewart Place; thence westerly along the center line of Stewart Place to a place where the center line of Stewart Place is intersected by Reynolds Avenue; thence northerly along the center line of Reynolds Avenue to a point where the center line of Reynolds Avenue is intersected by Tompkins Street; thence northeasterly along the center line of Tompkins Street to a point where the center line of Tompkins Street is intersected by Port Watson Street; thence easterly along the center line of Port Watson Street to a point where the center line of Port Watson Street is intersected by Dunsmore Avenue; thence northerly and easterly along the center line of Dunsmore Avenue to a point where the center line of Dunsmore Avenue is intersected by Pomeroy Street; thence southerly along the center line of Pomeroy Street to a point where the center line of Pomeroy Street is intersected by Port Watson Street; thence easterly along the center line of Port Watson Street to the point and place of beginning. Population: 2,744 DISTRICT NO. 6 128 ---PAGE BREAK--- ALL THAT PORTION OF THE CITY OF CORTLAND LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point on the center line of Main St. where said center line intersects with the center line of Clinton Avenue; thence northeasterly along the center line of Clinton Avenue to a point where the center line of Clinton Avenue is intersected by Cleveland Street; thence southerly and easterly along the center line of Cleveland Street to a point where the center line of Cleveland Street is intersected by Pomeroy Street; thence northerly along the center line of Pomeroy Street to a point where the center line of Pomeroy Street is intersected by Clinton Avenue; thence northerly along the center line of Clinton Avenue to a point where the center line of Clinton Avenue is intersected by the Tioughnioga River; thence easterly along the center line of the Tioughnioga River to a point where the center line of the Tioughnioga River is intersected by the eastern boundary of the City of Cortland; thence southerly along the eastern boundary of the City of Cortland to a point where the eastern boundary of the City of Cortland is intersected by Port Watson Street; thence westerly along the center line of Port Watson Street to a point where the center line of Port Watson Street is intersected by Pomeroy Street; thence northerly along the center line of Pomeroy Street to a point where the center line of Pomeroy Street is intersected by Dunsmore Avenue; thence westerly and southerly along the center line of Dunsmore Avenue to a point where the center line of Dunsmore Avenue is intersected by Port Watson Street; thence westerly along the center line of Port Watson Street to a point where the center line of Port Watson Street is intersected by Main Street; thence northerly along the center line of Main Street to the point and place of beginning. Population: 2,740 DISTRICT NO. 7 ALL THAT PORTION OF THE CITY OF CORTLAND LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point on the center line of Clinton Avenue where said center line intersects the center line of North Church Street; thence northerly along the center line of North Church Street to a point where the center line of North Church Street is intersected by Grant Street; thence westerly along the center line of Grant Street to a point where the center line of Grant Street is intersected by North Main Street; thence southerly along the center line of North Main Street to a point where the center line of North Main Street is intersected by Madison Street; thence westerly along the center line of Madison Street to a point where the center line of Madison Street is intersected by Homer Avenue; thence northerly along the center line of Homer Avenue to a point where the center line of Homer Avenue is intersected by the northern boundary of the City of Cortland; thence easterly along the northern boundary of the City of Cortland to a point where the northern boundary of the City of Cortland is intersected by the eastern boundary of the City of Cortland, thence southerly along the eastern boundary of the City of Cortland to a point where the eastern boundary of the City of Cortland is intersected by the Tioughnioga River; thence westerly along the center line of the Tioughnioga River to a point where the center line of the Tioughnioga River is intersected by Clinton Avenue; thence southerly along the center line of Clinton Avenue to a point where the center line of Clinton Avenue is intersected by Pomeroy Street; thence southerly along the center line of Pomeroy Street to a point where the center line of Pomeroy Street is intersected by Cleveland Street, thence westerly and northerly along the center line of Cleveland Street to a point where the center line of Cleveland Street is intersected by Clinton Avenue; thence southwesterly along the center line of Clinton Avenue to a point and place of beginning. Population: 2,743 DISTRICT NO. 8 Town of Preble 1,393 Town of Scott 1,176 129 ---PAGE BREAK--- AND ALL THAT PORTION OF THE TOWN OF HOMER LYING WITHIN THE FOLLOWING BOUBDARIES: Beginning at a point on the northern boundary of the Town of Homer where the northern of the Town of Homer is intersected by West Scott Road; thence southerly along the center line of West Scott Road to a point where the center line of West Scott Road is intersected by NYS Route 41; thence southerly along the center line of NYS Route 41 to a point where the center line of NYS Route 41 is intersected by Factory Brook; thence southerly along the center line of Factory Brook to a point where the center line of Factory Brook is intersected by Creal Road; thence southerly and easterly along the center line of Creal Road to a point where the center line of Creal Road is intersected by the western boundary of the Village of Homer; thence northerly along the western boundary of the Village of Homer to a point where the western boundary of the Village of Homer is intersected by the northern boundary of the Village of Homer; thence easterly along the northern boundary of the Village of Homer to a point where the northern boundary of the Village of Homer is intersected by Hooker Avenue; thence northerly along the center line of Hooker Avenue to a point where the center line of Hooker Avenue is intersected by NYS Route 281; thence northerly along the center line of NYS Route 281 to a point where the center line of NYS Route 281 is intersected by Elm Avenue; thence easterly and northerly along the center line of Elm Avenue to a point where the center line of Elm Avenue comes to a termination at the northernmost extent of Elm Avenue; thence northeasterly from the northernmost extent of the center line of Elm Avenue to a point at the southernmost extent of the center line of a private road known as Recor Way; thence northerly along the center line if Recor Way to a point where the center line of Recor Way is intersected by the northern boundary of the Town of Homer; thence westerly along the northern boundary of the Town of Homer to a point and place of beginning. Population: 2,990 DISTRICT NO. 9 ALL THAT PORTION OF THE TOWN OF HOMER LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at a point on the northern boundary of the Town of Homer where the northern boundary of the Town of Homer is intersected by a private road known as Recor Way; thence southerly along the center line of Recor Way to a point where the center line of Recor Way comes to a termination at the southernmost extent of the center line of Recor Way; thence southwesterly from the southernmost extent of the center line of Recor Way to a point at the northernmost extent of the center line of Elm Ave; ; thence southerly and westerly along the center line of Elm Avenue to a point where the center line of Elm Avenue is intersected by NYS Route 281; thence southerly along the center line of NYS Route 281 to a point where the center line of NYS Route 281 is intersected by Hooker Avenue; thence southerly along the center line of Hooker Avenue to a point where the center line of Hooker Avenue is intersected by the northern boundary of the Village of Homer; thence westerly along the northern boundary of the Village of Homer to a point where the northern boundary of the Village of Homer is intersected by the western boundary of the Village of Homer; thence southerly along the western boundary of the Village of Homer to a point where the western boundary of the Village of Homer is intersected by Creal Road; thence easterly along the center line of Creal Road to a point where Creal Road becomes Hudson Street; thence easterly along the center line of Hudson Street to a point where the center line of Hudson Street is intersected by Prospect Street; thence southerly and easterly along the center line of Prospect Street to a point where the center line of Prospect Street is intersected by North West Street; thence northerly along the center line of North West Street to a point where the center line of North West Street is intersected by Hudson Street; thence easterly along the center line of Hudson Street to a point where the center line of Hudson Street is intersected by Clinton Street; thence southeasterly along the center line of Clinton Street to a point where the center line of Clinton Street is intersected by North Main Street; thence southerly along the center line of North Main Street to a point where North Main Street becomes South Main Street; thence southerly along the center line of South Main Street to a point where the center line of South Main Street is intersected by Pine Street; thence easterly along the center line of Pine Street to a point where the center line of Pine Street is intersected by 130 ---PAGE BREAK--- River Street; thence southerly along the center line of River Street to a point where the center line of River Street is intersected by Albany Street; thence southerly along the center line of Albany Street to a point where the center line of Albany Street is intersected by the western boundary of Interstate Route 81; then southerly along the western boundary of Interstate Route 81 to a point where the western boundary of Interstate Route 81 is intersected by the southern boundary of the Town of Homer; thence easterly along the southern boundary of the Town of Homer to a point where the southern boundary of the Town of Homer is intersected by the eastern boundary of the Town of Homer; thence northerly along the eastern boundary of the Town of Homer to a point where the eastern boundary of the Town of Homer is intersected by the northern boundary of the Town of Homer; thence westerly along the northern boundary of the Town of Homer to a point and place of beginning. Population: 2,989 DISTRICT NO. 10 AND ALL THAT PORTION OF THE TOWN OF HOMER LYING WITHIN THE FOLLOWING BOUNDARIES: Beginning at the northwest corner of the Town of Homer; thence southerly along the western boundary of the Town of Homer to a point where the western boundary of the Town of Homer is intersected by the southern boundary of the Town of Homer; thence easterly along the southern boundary of the Town of Homer to the point where the southern boundary of the Town of Homer is intersected by the western boundary of Interstate Route 81; thence northerly along the western boundary of Interstate Route 81 to a point where the western boundary of Interstate Route 81 is intersected by Albany Street; thence northwesterly along the center line of Albany Street to a point where the center line of Albany Street is intersected by River Street; thence northerly along the center line of River Street to a point where the center line of River Street is intersected by Pine Street; thence westerly along the center line of Pine Street to a point where the center line of Pine Street is intersected by South Main Street; thence northerly along the center line of South Main Street to a point where South Main Street becomes North Main Street; thence northerly along the center line of North Main Street to a point where the center line of North Main Street is intersected by Clinton Street; thence northwesterly along the center line of Clinton Street to a point where the center line of Clinton Street is intersected by Hudson Street; thence westerly along the center line of Hudson Street to a point where the center line of Hudson Street is intersected by North West Street; thence southerly along the center line of North West Street to a point where the center line of North West Street is intersected by Prospect Street; thence westerly and northerly along the center line of Prospect Street to a point where the center line of Prospect Street is intersected by Hudson Street; thence westerly along the center line of Hudson Street to a point where Hudson Street becomes by Creal Road; thence westerly and northerly along the center line of Creal Road to a point where the center of Creal Road is intersected by Factory Brook; thence northerly along the center line of Factory Brook to a point where the center line of Factory Brook is intersected by NYS Route 41; thence northerly along the centerline of NYS Route 41 to a point where the center line of NYS Route 41 is intersected by West Scott Road; thence northerly along the center line of West Scott Road to a point where the center line of West Scott Road is intersected by the northern boundary of the Town of Homer; thence westerly along the northern boundary of the Town of Homer to the point and place of beginning. Population: 2,995 DISTRICT NO. 11 ALL THAT PORTION OF THE TOWN OF CORTLANDVILLE LYING WITHIN THE FOLLOWING BOUBDARIES: Beginning at a point on the northern boundary of the Town of Cortlandville where the northern boundary of the Town of Cortlandville is intersected 131 ---PAGE BREAK--- by NYS Route 281; thence southerly along the center line of NYS Route 281 to a point where the center line of NYS Route 281 is intersected by the northern boundary of the City of Cortland; thence westerly along the northern boundary of the City of Cortland to a point where the northern boundary of the City of Cortland is intersected by the western boundary of the City of Cortland; thence southerly along the western boundary of the City of Cortland to a point where the western boundary of the City of Cortland is intersected by Dry Creek; thence westerly along the center line of Dry Creek to a point where the center line of Dry Creek is intersected by NYS Route 281; thence southerly along the center line of NYS Route 281 to a point where the center line of NYS Route 281 is intersected by NYS Route 13; thence southerly along the center line of NYS Route 13 to a point where the center line of NYS Route 13 is intersected by the southern boundary of the Town of Cortlandville; thence westerly along the southern boundary of the Town of Cortlandville to a point where the southern boundary of the Town of Cortlandville is intersected by the western boundary of the Town of Cortlandville; thence northerly along the western boundary of the Town of Cortlandville to a point where the western boundary of the Town of Cortlandville is intersected by the northern boundary of the Town of Cortlandville; thence easterly along the northern boundary of the Town of Cortlandville to the point and place of beginning. Population: 2,837 DISTRICT NO. 12 ALL THAT PORTION OF THE TOWN OF CORTLANDVILLE LYING WITHIN THE FOLLOWING BOUBDARIES: Beginning at a point on the northern boundary of the Town of Cortlandville where the northern boundary of the Town of Cortlandville is intersected by NYS Route 281; thence southerly along the center line of NYS Route 281 to a point where the center line of NYS Route 281 is interested by the northern boundary of the City of Cortland; thence easterly along the northern boundary of the City of Cortland to a point where the northern boundary of the City of Cortland is intersected by the eastern boundary of the City of Cortland; thence southerly along the eastern boundary of the City of Cortland to a point where the eastern boundary of the City of Cortland is intersected by the New York Susquehanna and Western Railway; thence southerly along the center line of the New York Susquehanna and Western Railway to a point where the center line of the New York Susquehanna and Western Railway is intersected by Kellogg Road; thence southerly along the center line of Kellogg Road to a point where the center line of Kellogg Road is intersected by Clute Road; thence southerly along the center line of Clute Road to a point where the center line of Clute Road is intersected by the southern boundary of the Town of Cortlandville; thence easterly along the southern boundary of the Town of Cortlandville to a point where the southern boundary of the Town of Cortlandville is intersected by the eastern boundary of the Town of Cortlandville; thence northerly along the eastern boundary of the Town of Cortlandville to a point where the eastern boundary of the Town of Cortlandville is intersected by the northern boundary of the Town of Cortlandville; thence westerly along the northern boundary of the Town of Cortlandville to the point and place of beginning. Population: 2,819 DISTRICT NO. 13 ALL THAT PORTION OF THE TOWN OF CORTLANDVILLE LYING WITHIN THE FOLLOWING BOUBDARIES: Beginning at a point on the western boundary of the City of Cortland where the western boundary of the City of Cortland is intersected by Dry Creek: thence westerly along the center line of Dry Creek to a point where the center line of Dry Creek is intersected by NYS Route 281; thence southerly along the center line of NYS Route 281 to a point where the center line of NYS Route 281 is intersected by NYS Route 13; thence southerly along the center line of NYS Route 13 to a point where the center line of NYS Route 13 is intersected by the southern boundary of the Town of Cortlandville; thence easterly along the southern boundary of the Town of Cortlandville to a point where the southern boundary of 132 ---PAGE BREAK--- the Town of Cortlandville is intersected by Clute Road; thence northerly along the center line of Clute Road to a point where the center line of Clute Road is intersected by Kellogg Road; thence northerly along the center line of Kellogg Road to a point where the center line of Kellogg Road is intersected by the New York Susquehanna, and Western Railway; thence northerly along the center line of the New York, Susquehanna, and Western Railway to a point where the center line of the New York, Susquehanna, and Western Railway is intersected by the southern boundary of the City of Cortland; thence westerly along the southern boundary of the City of Cortland to a point where the southern boundary of the City of Cortland is intersected by the western boundary of the City of Cortland; thence northerly along the western boundary of the City of Cortland to the point and place of beginning. Population: 2,853 DISTRICT 14 Town of Virgil 2,401 Town of Harford 943 Population: 3,344 DISTRICT 15 Town of Marathon 1,967 Town of Lapeer 767 Population: 2,734 DISTRICT NO. 16 Town of Truxton 1,133 Town of Cuyler 980 Town of Solon 1,079 Population: 3,192 DISTRICT NO. 17 Town of Taylor 523 Town of Freetown 757 Town of Cincinnatus 1,056 Town of Willet 1,043 Population: 3,379 ARTICLE 3 Weighted Voting Plan. The County Legislator representing each district shall have the following number of weighted votes on all matters coming before the County Legislature which require for passage a majority, two-thirds, or three fifths vote. 133 ---PAGE BREAK--- District No. Weighted Votes 1 2,744 2 2,747 3 2,743 4 2,743 5 2,744 6 2,740 7 2,743 8 2,990 9 2,989 10 2,995 11 2,837 12 2,819 13 2,853 14 3,344 15 2,734 16 3,192 17 3,379 49,336 The votes are assigned according to the “one-person-one-vote” concept. ARTICLE 4 Effect on Local Laws and Resolutions: Except as provided herein, all existing laws and resolutions heretofore adopted by the County Legislature shall continue in force until amended, superseded or repealed. ARTICLE 5 Ballot proposition – submission to voters: Upon the adoption of this local law by the Cortland County Legislature, the Clerk of the County Legislature is hereby directed to transmit, forthwith, to the Cortland County Board of Elections, the form of the ballot proposition to be voted upon on the November ballot in substantially the following form: “Proposition No. 1, submitting a local law for the year 2012 to the electors of the County of Cortland, to be held on the 6th day of November, 2012. Shall there be approved and adopted in the County of Cortland, New York, a local law entitled ‘A Local Law Reapportioning Cortland County Legislative Districts’, as enacted by the Cortland County Legislature on May 24, 2012. ARTICLE 6. Effective date: This local law shall take effect immediately upon filing with the Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of Municipal Home Rule Law. On motion of Mr. Ross; Seconded by Ms. Price, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: 134 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 172-12 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. On motion of Mr. Ross; Seconded by Mr. Cornell, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. ROSS RESOLUTION NO. 173-12 Authorize Grant Application Cortland County Snowmobile Trail Development and Maintenance 2012-2013 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, 2012 to March 31, 2013, AND WHEREAS, the County will retain an administration fee of the grant award to retain the actual cost for administration expenses for the period of April 1, 2012 to March 31, 2013, 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 2012- 2013 period. 135 ---PAGE BREAK--- On motion of Mr. Ross; Seconded by Mr. Cornell, Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. ROSS RESOLUTION NO. 174-12 Authorize Agreements Cortland County and Cortland County Snowmobile Clubs 2012-2013 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, 2012 to March 31, 2013, AND WHEREAS, it is necessary to have agreements between Cortland County and certain Cortland County Snowmobile Clubs to ensure that the clubs perform trail maintenance and grooming of existing trails throughout Cortland County, to authorize the County as the local sponsor to transfer funds from the grant to the clubs for their work and to authorize the County to retain an administration fee to retain the actual cost for administration expenses for the period of April 1, 2012 to March 31, 2013, 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 2012-2013. On motion of Mr. Cornell; Seconded by Ms. Briggs, Agenda Item No. 17 was introduced. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 175-12 Authorize Contract/Cortland Electronics Cortland County Legislature WHEREAS, Cortland County has allocated funds to outfit Room 304 with a multi-media projector and screen unit for use by all County Departments, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into an agreement with Cortland Electronic Supply, Inc., 15 Glenwood Avenue, Cortland, NY 13045, for the purchase and installation of said equipment, AND BE IT FURTHER RESOLVED, that said services shall not exceed $3,100.00, and shall be paid out of Account A10105 54055. On motion of Mr. Whitney; Seconded by Mr. Troy, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 176-12 Award Contract Fire & Emergency Management 136 ---PAGE BREAK--- National Incident Management System (NIMS) Compliance Consultant WHEREAS, per the Homeland Security Presidential Directive (HSPD-5), the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity, AND WHEREAS, Cortland County adopted, per Resolution No. 119-06, the NIMS standard which incorporates the NIMS standard of training for emergency responders and “essential personnel” that respond to domestic incidents within Cortland County, AND WHEREAS, the Department of Fire & Emergency Management, as the Point of Contact (POC) for the NIMS Training Program for Cortland County, continues to desire the services of a NIMS Compliance Consultant to provide administrative assistance in order to complete required activities as set forth in the 2008 guidance documents from the Secretary of the Department of Homeland Security, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby enters into a service agreement with the 2012 NIMS Compliance Consultant, CHARLES J. SHERMAN, to perform the above-mentioned activities for the period 6/1/12 to 12/31/2012, as per a revised scope of work (Article I of the attached agreement) at an agreed compensation not to exceed $2,500.00. On motion of Mr. Whitney; Seconded by Ms. Cobb, Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 177-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security – C838490) WHEREAS, it is necessary to re-appropriate the 2011 unspent portion of the three-year 100% funded grant from the NYS Office of Homeland Security Grant Contract# C838490-SHSP 2009) for the grant period 8/1/09 to 7/31/12, for fiscal year 2011 in 2012, NOW THEREFORE, BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Revenue: A341043 43306 Miscellaneous Grant (SHSP 2009) $57,472.00 Expense: A34105 54080 Miscellaneous Grant (SHSP 2009) $57,472.00 On motion of Mr. Whitney; Seconded by Mr. Bushnell, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 178-12 RESCIND Resolution No. 126-12 Accept Funds/Amend Budget 137 ---PAGE BREAK--- Protective Equipment (Town of Cortlandville) WHEREAS, Resolution 126-12, included approval to purchase protective equipment (Tasers) authorizing the expenditure of $30,000.00 for the Cortland County Sheriff’s Department, AND WHEREAS, Town of Cortlandville paid Taser International directly with ck# 23946 dated 5/3/2012 in the amount $30,925.47 for the purchase of the said Tasers for the Cortland County Sheriff’s Department, NOW THEREFORE BE IT, RESOLVED, that the Resolution 126-12 be rescinded as Town of Cortlandville paid Taser International directly with their funds. On motion of Mr. Whitney; Seconded by Mr. Cornell, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 179-12 Amend 2012 Budget Fire & Emergency Management (NYS Office of Homeland Security – C838400 – SHSP 2010) WHEREAS, it is necessary to re-appropriate the 2011 unspent portion of the three-year 100% funded grant from the NYS Office of Homeland Security Grant (Contract# C838400 – SHSP 2010) for the grant period 08/01/2010 to 07/31/2013, for fiscal year 2011 in 2012, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Revenue: A341043 43306 Miscellaneous Grant (SHSP 2010) $52,398.00 Expense: A34105 54080 Miscellaneous Grant (SHSP 2010) $52,398.00 On motion of Mr. Whitney; Seconded by Mr. Bushnell, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 180-12 Resolution Adopting A Negative Declaration Under The State Environmental Quality Review Act For A New Tower In The Town Of Cincinnatus For The County-Wide Interoperable Radio Communications System WHEREAS, Cortland County entered into a contract with Motorola Solutions, Inc. 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, construction and implementation of the project was contingent upon completion of the environmental review procedures set forth in the State Environmental Quality Review Act (SEQRA), and 138 ---PAGE BREAK--- WHEREAS, the potential environmental impacts were studied and a negative declaration for the entire project was adopted on September 22, 2011, AND WHEREAS, since then the plan to use the existing tower on Piety Hill Road in the Town of Cincinnatus has been shown to be economically unreasonable, AND WHEREAS, the County has evaluated the alternative of constructing a new tower on Knickerbocker Road, AND WHEREAS, the potential environmental impacts of the new tower have been carefully studied, and a short environmental assessment form has been prepared, AND WHEREAS, the required hard look at potential environmental impacts has been conducted, and it has been determined that the new tower on Knickerbocker Road will not have a significant impact on the environment, NOW THEREFORE BE IT RESOLVED, that the County Legislature adopt a Negative Declaration under SEQRA in accordance with the recommendations of the County’s environmental consultants, AND BE IT FUTHER RESOLVED, that said Negative Declaration be filed and distributed in accordance with the SEQRA regulations. On motion of Mr. Whitney; Seconded by Mr. Wheelock, Agenda Item No. 23 was introduced. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 181-12 Resolution Adopting A Negative Declaration Under The State Environmental Quality Review Act For A New Tower In The Town Of Solon For The County-Wide Interoperable Radio Communications System WHEREAS, Cortland County entered into a contract with Motorola Solutions, Inc. 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, construction and implementation of the project was contingent upon completion of the environmental review procedures set forth in the State Environmental Quality Review Act (SEQRA), AND WHEREAS, the potential environmental impacts were studied and a negative declaration for the entire project was adopted on September 22, 2011, AND WHEREAS, since then the plan to use the existing tower on North Tower Road in the Town of Solon has been shown to be economically unreasonable, AND WHEREAS, the County has evaluated the alternative of constructing a new tower near the existing tower, AND WHEREAS, the potential environmental impacts of the new tower have been carefully studied, and a full environmental assessment form has been prepared, AND 139 ---PAGE BREAK--- WHEREAS, the required hard look at potential environmental impacts has been conducted, and it has been determined that the new tower on North Tower Road will not have a significant impact on the environment, NOW THEREFORE BE IT RESOLVED, that the County Legislature adopt a Negative Declaration under SEQRA in accordance with the recommendations of the County’s environmental consultants, AND BE IT FUTHER RESOLVED, that said Negative Declaration be filed and distributed in accordance with the SEQRA regulations. On motion of Mr. Pace; Seconded by Mr. Ross, Agenda Item No. 24 was introduced. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 182-12 Authorize Agreement/Amend Budget 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 2012 to be used for the July 3 Fireworks Show, AND BE IT FURTHER RESOLVED, that said agreement shall provide that the Chamber of Commerce utilize the proceeds of these funds to support various community events, programs and projects, including but not limited to: annual fourth of July fireworks show, tourism programs, downtown management, downtown music, gateway maintenance and the sports council, AND BE IT FURTHER RESOLVED, that the 2012 Budget be amended as follows: Increase: A351041 41113 Occupancy Tax Revenue $5,000.00 Increase: A10105 54055 Professional Services $5,000.00 Announcements: Chairman Park announced that he has held two meetings recently with the supervisors of the towns to potentially be impacted by the proposed Crown City Wind Farm. TCI Renewables is moving the project forward, and the County is the lead agency. Mr. Park will keep the legislature informed following a meeting in May. 140 ---PAGE BREAK--- The Clerk announced that Memorial Day celebrations will be held at the VFW and Courthouse Park. In addition, a special event will be held at Memorial Park to announce the placement of a plaque honoring Lapeer’s Civil War soldiers. Ms. Price announced that the Rules of Order advisory committee will be meeting again at the end of May and/or early June, and a date will be announced soon. Mr. Troy announced a budget meeting at TC3 for legislators of Cortland and Tompkins counties to be held May 31 at Noon at TC3. Adjournment Mr. Park adjourned the meeting at 7:07 p.m. Cortland County Legislature June 6, 2012 6:00 P.M. Minutes Order of Business Chairman Park 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 Mr. Spaulding, who was excused. Privilege of the Floor Mr. Richard Tupper, Cortlandville Town Supervisor, said the towns and City were initially presented with an agreement and told there was no negotiations. This was quickly withdrawn, and several proposals from the City and towns were provided to the County. He said these were reviewed by the County and a second proposal was issued, again, with no room or willingness for negotiation. He said this is a $30 million concern with drastic tax impact on the municipalities. He said years ago this was a 50/50 split, and then an additional 2% was taken by the County to pay for the administration of the BDC. It was then increased again to a 56% share remaining with the County. Then, Six years ago, it was a 52/48 split, which is reasonable. Now, the County is facing additional debt due to the new interoperable communications program and the current proposal is taking nearly 2% off the top to pay for this, and then additional money on top of that, which is not a fair distribution, particularly for the City. He said that he, the City and other towns can deal with $1.2 million of the top for the radio project, but requests the rest of the sales tax be distributed in accordance with the existing plan 18.25, 29.75 to the City and the County can retain 52%. Mayor Brian Tobin said the current proposal is inequitable and will cause financial hardship for the City and towns in the years to come. He advocated for an agreement that would at the very least keep that status quo, and not force a reduction in sales tax revenue. New Business 141 ---PAGE BREAK--- Mr. Boylan said an updated version of the resolution is on Legislator’s desks, with amendments from the County Attorney. Ms. Briggs asked about TLC Ambulance getting free radios as part of the interoperable program. Mr. Murphy said it is a good idea to have TLC be on the same radio frequency as all first responders. In exchange for “loaning” the radios to TLC, the company will provide discounted rates for County business, such as transports from the jail to the hospital, or coroner’s transports. This is not a final decision, and a proposal will come before the JPS Committee in July. SUNY Cortland’s campus security may also be receiving radios. Every highway and DPW agency, all fire departments, City and County police are all getting radios and possibly NYS Court officers. Mr. Park called on IT Director Rob Corpora, who said a City Vendor has requested a $50,000 software upgrade to allow City Police to have access to information directly from their office, which they do not have now. Mr. Parker asked about future grant money and how that would affect the sales tax agreement. Mr. Murphy said any future grant money received could only be used against the lease, not the bond. Any grant money would decrease the overall payments and subsequent interest, which will be in all municipalities best interest, and potentially allow for sales tax payments to increase. Mr. Murphy said the money taken off the top for the interoperable project could be taken quarterly ($300,000 per quarter), rather than a one-time amount of $1.2 million. Mr. Pace thanked the City of Cortland for their proposal to the County, which has been “tweaked” a little for consideration by the Legislature. He said that he, Mr. Park and Mr. Murphy have visited all the towns, many of which have indicated that none of them have ever been approached regarding the sales tax negotiations. Mr. Boylan read a statement from Mr. Spaulding, who indicated that the sales tax agreement has his full support. Ms. Briggs asked the Legislature to consider only taking the $1.2 million off the top of sales tax receipts to cover the radio project, but that the other percentages be left as they currently are. Mr. Murphy said the County will be fronting money for the lease payments of about $1 million that are due in January of each year, as the $1.2 million will not be collected from the sales tax until the fourth quarter of each year. Ms. Arnold asked that this be clarified in a letter to the towns. Mr. Park recessed the Legislature for two minutes. Mr. Fuller made a motion to “Call the Question.” Second by Mr. Ross. All members voting in favor; none opposed. The motion was approved. Mr. Park called for a roll call vote. Legislators Arnold, Boyden, Cobb, Cornell, Fuller, Natoli, Pace, Parker, Price, Ross, Troy, Wheelock, Whitney, Willcox and Park voting in favor. Legislators Briggs, Bushnell, Hartnett were opposed. The motion was approved with a weighted vote of 38,750, and Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 183-12 SALES TAX AGREEMENT / CITY OF CORTLAND WHEREAS, the County of Cortland currently imposes a sales tax on retail sales and other similar transactional compensatory use taxes in Cortland County, all as authorized by §1202 or the Tax law of the State of New York, AND WHEREAS it is the desire of the County of Cortland and the City of Cortland to set aside specific percentages of all sales tax revenues for county purposes and the funding of the radio communications project, and distribute the remaining sales tax revenue with the City of Cortland and the various other 142 ---PAGE BREAK--- municipalities of the County of Cortland, NOW THEREFORE BE IT RESOLVED, that the County of Cortland shall continue to impose all the sales tax as described in Articles 28 and 29 of the Tax law of the State of new York and pursuant to the provisions of § 1210(a) of said law and shall not set aside any part thereof for County purposes or educational purposes except as herein provided, AND BE IT FURTHER RESOLVED, that all of the net proceeds of the sales and use tax revenues collected by the County of Cortland aforesaid shall be allocated and disposed of in accordance with the attached contract, AND BE IT FURTHER RESOLVED, that the term "net proceeds" shall mean all sums received from the New York State Tax Commission pursuant to §1201 of the Tax law, including interest and penalties, if any, collected thereof AND BE IT FURTHER RESOLVED, that all of the net proceeds of the sales and use tax revenues collected by the County of Cortland aforesaid shall be allocated and disposed of as follows: The County shad deduct from the net proceeds that amount necessary to fund the actual debt service payment(s) on the Interoperable Communication Radio System Equipment Lease Purchase Agreement between the County and Motorola Solutions Credit Company, LLC dated January 12, 2012 (lease number 23174) and not otherwise funded by grants currently obtained or to be obtained to offset the acquisition cost of the radio system and applied toward repayment of the Lease. The County shall also deduct from the net proceeds that amount necessary to fund the actual debt service payment(s) on any bond(s) whose proceeds have been or will be used specifically to fund the construction and/or operational implementation of the Interoperable Communication Radio System. The net proceeds of the sales and use tax revenue collected by the County after the deductions for necessary debt service on the lease and bond in accordance with the paragraphs directly above, shall be allocated and disposed as follows: Beginning January 1, 2013, for a period of one year: FOR COUNTY PURPOSES: 52.0000% shall be allocated to the County; FOR CITY PURPOSES: 18.2400% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 29.7600% of such monies shall be allocated and paid to the Towns and Villages; Beginning January 1, 2014, for a period of on year: FOR COUNTY PURPOSES: 52.3750% shall be allocated to the County; FOR CITY PURPOSES: 18.1150% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 29.5100% of such monies shall be allocated and paid to the Towns and Villages; Beginning January 1, 2015, for a period of one year: FOR COUNTY PURPOS:ES: 52.6250% shall be allocated to the County; FOR CITY PURPOSES: 17.9900% of such monies shall be allocated and paid to the City of Cortland, 143 ---PAGE BREAK--- FOR TOWNS AND VILLAGES PURPOSES: 29.3850% of such monies shall be allocated and pa d to the Towns and Villages; Beginning January 1, 2016, for a period of one year: FOR COUNTY PURPOSES: 53.0000% shall be allocated to the County; FOR CITY PURPOSES: 17.8650% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 29.1350% of such monies shall be allocated and paid to the Towns and Villages; Beginning January 1, 2017, for a period of one year: FOR COUNTY PURPOSES: 53.5000% shall be allocated to the County; FOR CITY PURPOSES: 17.6150% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 28.8850% of such monies shall be allocated and paid to the Towns and Villages; The term "net proceeds" shall mean all sums received from the New York State Tax Commission pursuant to §1201 of the Tax Law, including interest and penalties, if any, collected thereon. This Agreement shall take effect January 1, 2012, and shall continue in effect for a period of five years, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature be and hereby is authorized to enter into an agreement with the City of Cortland, upon approval of the County Attorney, and is subject to the approval of the Comptroller of the State of New York Mr. Park adjourned the meeting and read the 2012 State of the County Address. Cortland County Legislature June 28, 2012 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing on proposed the Tompkins Cortland Community College at 6:00 p.m., and the Clerk read the legal notice announcing the meeting. Mr. Ronal Rocco of Cortland thanked the Sheriff’s Department and TC3 for addressing safety concerns at a large apartment complex in Cortlandville that houses many TC3 students. Chairman Park asked if there were any others who wished to speak. As there were none, Chairman Park closed the public hearing. Order of Business 144 ---PAGE BREAK--- Chairman Park opened the meeting at approximately 6:04 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Hartnett and Mr. Natoli, who were excused. Approval of Minutes Mr. Troy made a motion to approve the minutes of the May 24, 2012 Regular Meeting. Seconded by Mr. Bushnell. Mr. Troy noted a correction of the date on the minutes. All members voting in favor; none opposed. The minutes were approved pending a correction Privilege of the Floor The Clerk recognized Ms. Lee Miller to speak to Agenda Items No. 24 and 30. Ms. Miller said she met with Mr. Park and a federal expert to review the proposed culvert on E. River Road. The expert she has retained believes the proposed culvert is oversized, and a smaller project could be completed for as little as $30,000. She said she has submitted pictures of the streambed and the culvert design plans to an international expert and ask for an opinion. She asked the Legislature to consider tabling the resolution for another month to allow the expert she has hired to review the project. Regarding Agenda Item No. 30, she said the town of Cortlandville has not received an application from TCI. She said Truxton also has not received a project proposal outlining the location of the proposed wind turbines. She asked that the Legislature wait to act on the SEQR until the towns have been given an opportunity to weigh in on the project, once it is actually submitted to the towns. The Clerk recognized Mr. Ron Rocco of Cortlandville to speak regarding Agenda Items 24, 29 and 30. Mr. Rocco agreed with Ms. Miller that the proposed culvert on E. River Road is excessive and too expensive. In addressing Agenda Item No. 29, Mr. Rocco said that the Legislature does not require hiring an outside attorney, and that Mr. Snyder, as the Homer Town Attorney, may have a conflict of interest in working for the County. Mr. Rocco said the town of Cortlandville is working on a draft law regarding windmills, and that town representatives have never been invited to any meetings that were open to the public regarding any of the County’s actions. The Clerk recognized Ms. Janet Steck of Homer to speak regarding Agenda Item No. 30. Ms. Steck said the two-week scoping process proposed by TCI, or the 20-day scoping period that may be proposed by the County is too short of a time to allow adequate community response, and suggested at least a 30 day period. Proclamations & Recognitions The Clerk read a recognition, thanking Carl Moses, Director of Weights & Measures for his years of service to the County. Mr. Moses retirement date is Friday, June 29, 2012. Mr. Whitney, Chairman of the JPS Committee presented the proclamation to Mr. Moses Receive & File Ms. Price made a motion to Receive and File the 2011 Highway Annual Report, the Democratic Election Commissioner Certification, and the 2012 State of the County Address. All members voting in favor; none opposed. New Business The Clerk asked if there were any objections to considering Agenda Items 40 and 41 first, in order to accommodate President’s Hayne’s schedule. Seeing none, he asked for a motion to introduce the resolution. On motion of Mr. Park; Seconded by Troy, Agenda Item No. 40 was introduced. Mr. Pace said due to reduced enrollment, some surplus funds will be used to help offset a reduction in revenue. All members voting in favor; none opposed. Agenda Item No. 1 became: 145 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 184-12 Approval of the Appropriation Of Surplus Funds Tompkins Cortland Community College WHEREAS, the operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2011 through August 31, 2012 was adopted via resolution 150-11, AND WHEREAS, final enrollment for 2010-2011 and projected enrollment for 2011-2012 are both less than budgeted causing state aid and tuition revenues to be lower than planned, AND WHEREAS, the College has available surplus totaling $1,487,168 as of August 31, 2011, AND WHEREAS, it has been estimated that the College will need $150,000 in surplus funds to replace lost revenue, NOW THEREFORE BE IT RESOLVED, that surplus funds in the amount of $150,000 be appropriated to replace lost revenue, AND BE IT FURTHER RESOLVED, that certified copies of this Resolution be sent to the Tompkins County Legislature and the Board of Trustees of Tompkins Cortland Community College, for their approval. On motion of Mr. Park; Seconded by Mr. Bushnell, Agenda Item No. 41 was introduced. Mr. Pace said TCE President Carl Haynes and his board have not requested an increase in sponsor contribution in several years. The 2012-2013 budget is requesting a 1% sponsor share increase, which translates to just over $15,000 for Cortland County. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. PACE RESOLUTION NO. 185-12 Adopt 2012-2013 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, 2012 through August 31, 2013, AND WHEREAS, a public hearing on said budget has been held on June 28, 2012, pursuant to notice duly published, NOW THEREFORE BE IT RESOLVED, that said operating budget in the amount of $37,487,084 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 2013 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 $1,590,062 as Cortland County’s share of the total Sponsoring Community Contribution of $4,297,464, AND BE IT FURTHER 146 ---PAGE BREAK--- RESOLVED, that this resolution shall become effective upon adoption of a concurrent resolution by the Tompkins County Legislature. On motion of Mr. Park; Seconded by Mr. Bushnell, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 186-12 Resolution In Support Of Senate Bill No. S5629-B And Assembly Bill No. A6575 - An Act To Amend The Tax Law Authorizing Certain Counties, Cities And School Districts To Impose Up To A Four Percent Rate Of Sales And Compensating Use Taxes WHEREAS, the Cortland County Legislature strongly supports this home rule legislation as it provides mandate relief and enhanced fiscal management tools for local governments, AND WHEREAS, County and State legislative staff, along with elected officials, currently spend significant time and energy in order to deal with the renewals of existing local sales tax rate legislation every two years under the current State legislative model, AND WHEREAS, the proposed legislation would end the practice of requiring state approval and renewal for local sales tax rate changes, up or down, that do not exceed four percent, AND WHEREAS, this will also allow county officials to manage their local sales tax rates in a way that is most efficient for local tax payers, and will reduce waste and redundancy in state and local legislative procedure, AND WHEREAS, County leaders make home rule requests out of necessity, as they are necessary in order to finance, implement and deliver state and federally mandated programs, ensure local public health and safety, foster economic development and enhance local quality of life services demanded by county residents, AND WHEREAS, these home rule requests allow local officials to manage their budgets and pay for state mandated and other services in the least intrusive and burdensome way for local taxpayers and are often requested to limited or prevent property tax increases, AND WHEREAS, this legislation would also provide counties with an important local fiscal management tool consistent with similar financial management flexibility granted to New York City a few years ago. NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby supports the Senate Bill No. S5629-B and Assembly Bill No. A6575 to amend the tax law, AND BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor Cuomo, Senator James Seward, Barbara Lifton, the New York State Association of Counties, and any others deemed necessary. On motion of Mr. Park; Seconded by Mr. Troy, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: 147 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 187-12 Resolution in Support of Lime Hollow Nature Center NYS Office of Parks, Recreation and Historic Preservation Grant WHEREAS, the Lime Hollow Nature Center is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located in the vicinity of Lime Hollow's Visitor Center in Cortland, NY, a site located within the territorial jurisdiction of this Legislature, AND WHEREAS, as a requirement under the rules and these programs, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located", NOW THEREFORE, BE IT RESOLVED, that the Legislature of Cortland County hereby does approve and endorse the application of Lime Hollow Nature Center for a grant under the Environmental Protection Fund for a park project known as Lime Hollow BOCES Environmental Education Center and located within this community. On motion of Ms. Price; Seconded by Mr. Spaulding, Agenda Item No. 3 was introduced. Ms. Arnold said she feels that the office may be overstaffed with four people with two commissioners and two staff positions. She also said that in two recent elections the Democratic candidates have been removed from the ballot on technicalities, and that no one from the Board of Elections assisted in guiding candidates through the petitioning process. All members voting in favor; none opposed. Agenda Item No. 3 became; ON MOTION OF MS. PRICE RESOLUTION NO. 188-12 Appoint Democratic Election Commissioner WHEREAS, The term of Thomas Brown, duly appointed Cortland County Democratic Election Commissioner expires December 31, 2012, AND WHEREAS, The Cortland County Democratic Committee has submitted a certification endorsing the re-appointment of Thomas Brown as the Cortland County Democratic Election Commissioner, NOW THEREFORE BE IT RESOLVED, that Thomas H. Brown, 6 Hamlin Street, Cortland, NY 13045, is hereby appointed as the Cortland County Democratic Election Commissioner for a term set to run Jan. 1, 2013 through Dec. 31, 2014. On motion of Mr. Park; Seconded by Mr. Cornell, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 189-12 Appoint/Re-appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 148 ---PAGE BREAK--- 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 Re-appointments Name Address Sector Term Everett Boise Cortland, NY Private Sector 7/1/12-6/30/15 Daniel Dineen Cortland, NY Economic Development 7/1/12-6/30/15 Barbara French Syracuse, NY Community Based Organization 7/1/12-6/30/15 Regional Re-appointments Name Address Sector Term Robin Sandwick Tully, NY WIA, Title I & Title V 7/1/12-6/30/15 Donald D. Watson Syracuse, NY Vocational 7/1/12-6/30/15 Rehabilitation On motion of Mr. Park; Seconded by Ms. Briggs, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 190-12 Appointing Members to the Cortland County Board of Ethics WHEREAS, On August 28, 2008, the Cortland County Legislature adopted Local Law 2 of 2008 “Adopting a County Code of Ethics and Requiring Financial Disclosure by Certain County officials and Employees,” AND WHEREAS, Local Law 2 of 2008 establishes a five-member County Board of Ethics, charged with the general responsibility for ensuring full compliance with the Code of Ethics and disclosure and which shall serve at the pleasure of the Cortland County Legislature, AND WHERAS, the terms of Thomas O’Donnell Chairman; and Joan Robinson have expired, NOW THEREFORE BE IT RESOLVED, the following are hereby appointed to fill the above vacancies on the Cortland County Board of Ethics for a four year term: Joan Robinson 7310 Fair Haven Road, Homer, NY December 31, 2015 149 ---PAGE BREAK--- Don 4599 Briarmeadow Lane, Cortland, NY December 31, 2016 On motion of Mr. Park; Seconded by Mr. Bushnell, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. PARK RESOLUTION NO. 191-12 Appointing Member to Municipal Electric & Gas Alliance Corporation WHEREAS, Cortland County is a partnering County with the Municipal Electric & Gas Alliance,” AND WHEREAS, partnering counties are provided an opportunity to represent their respective municipalities in the oversight of the MEGA Corporation, from which is elected a Board of Directors, NOW THEREFORE BE IT RESOLVED, that Ray Parker, 18 Hamlin Street, Cortland, NY 13045, is hereby appointed to represent Cortland County as a participating County in the Municipal Electric & Gas Alliance. On motion of Mr. Park; Seconded by Mr. Ross, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PARK RESOLUTION NO. 192-12 Appoint/Re-appoint Members Cortland County Planning Board WHEREAS, the terms of office set by Local Law 1975-3 established four year terms for the Cortland County Planning Board, AND WHEREAS, the terms of Keith VanGorder is due to expire June 30, 2012, AND WHEREAS, Keith VanGorder has agreed to remain on the Cortland County Planning Board for another term, NOW THEREFORE BE IT RESOLVED, that Keith VanGorder be re-appointed to the Cortland County Planning Board for another four year term of office effective July 1, 2012 to June 30, 2016. On motion of Mr. Park; Seconded by Mr. Spaulding, Agenda Item No. 8 was introduced. Mr. Purser said the previously adopted version of the resolution, with information from the NYS Comptroller’s office, stated the County could begin the agreement January 1, 2013, rather than June 1, because the percentages and distributions in the first year of the agreement did not change. Following last month’s adoption, the Comptroller’s office stated that the previous information provided was incorrect, and the agreement cannot commence until June 1, 2013. The terms of the distribution shall remain the same, but the commencement date will now by June 1. Mr. Purser said the terms of the existing agreement will continue until the new one begins. He said the City of Cortland will not need to re-adopt the contract because their resolution did not include the terms of the agreement, only the authorization to enter into an agreement, but that a new 150 ---PAGE BREAK--- agreement will need to be signed. Mr. Purser said the County is obligated to notify the towns of this change by the end of the month and his office will be mailing those notices on Friday, June 29. Mr. Murphy said due to the delayed commencement, the $1.2 million taken off the top of the sales tax received will be taken out 50% in the third quarter of 2013 and 50% in the fourth quarter, rather than 25% each quarter. All members voting in favor, except Ms. Briggs, who was opposed. Agenda Item No. 8 became: ON MOTION OF MR. PARK RESOLUTION NO. 193-12 Amending Resolution No. 183-12 Sales Tax Agreement / City Of Cortland WHEREAS, the County of Cortland currently imposes a sales tax on retail sales and other similar transactional compensatory use taxes in Cortland County, all as authorized by §1210 or the Tax Law of the State of New York, AND WHEREAS it is the desire of the County of Cortland and the City of Cortland to set aside specific percentages of all sales tax revenues for county purposes and the funding of the radio communications project, and distribute the remaining sales tax revenue with the City of Cortland and the various other municipalities of the County of Cortland, AND WHEREAS Resolution No.183-12 needs to be amended per request of the New York State Comptroller’s Office, NOW THEREFORE BE IT RESOLVED, that the County of Cortland shall continue to impose all the sales tax as described in Articles 28 and 29 of the Tax Law of the State of New York and pursuant to the provisions of §1261 of said law and shall not set aside any part thereof for County purposes or educational purposes except as herein provided, AND BE IT FURTHER RESOLVED, that all of the net proceeds of the sales and use tax revenues collected by the County of Cortland aforesaid shall be allocated and disposed of in accordance with the attached contract, AND BE IT FURTHER RESOLVED, that the term "net proceeds" shall mean all sums received from the New York State Comptroller pursuant to §1261 of the Tax Law, including interest and penalties, if any, collected thereof, AND BE IT FURTHER RESOLVED, that all of the net proceeds of the sales and use tax revenues collected by the County of Cortland aforesaid shall be allocated and disposed of as follows: The County shall deduct from the net proceeds that amount necessary to fund the actual debt service payment(s) on the Interoperable Communication Radio System Equipment Lease Purchase Agreement between the County and Motorola Solutions Credit Company, LLC dated January 12, 2012 (lease number 23174) and not otherwise funded by grants currently obtained or to be obtained to offset the acquisition cost of the radio system and applied toward repayment of the Lease. The County shall also deduct from the net proceeds that amount necessary to fund the actual debt service payment(s) on any bond(s) whose proceeds have been or will be used specifically to fund the construction and/or operational implementation of the Interoperable Communication Radio System. The net proceeds of the sales and use tax revenue collected by the County after the deductions for necessary 151 ---PAGE BREAK--- debt service on the lease and bond in accordance with the paragraphs directly above, shall be allocated and disposed as follows: Beginning June 1, 2013, for a period of one year: FOR COUNTY PURPOSES: 52.0000% shall be allocated to the County; FOR CITY PURPOSES: 18.2400% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 29.7600% of such monies shall be allocated and paid to the Towns and Villages; Beginning June 1, 2014, for a period of one year: FOR COUNTY PURPOSES: 52.3750% shall be allocated to the County; FOR CITY PURPOSES: 18.1150% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 29.5100% of such monies shall be allocated and paid to the Towns and Villages; Beginning June 1, 2015, for a period of one year: FOR COUNTY PURPOSES: 52.6250% shall be allocated to the County; FOR CITY PURPOSES: 17.9900% of such monies shall be allocated and paid to the City of Cortland, FOR TOWNS AND VILLAGES PURPOSES: 29.3850% of such monies shall be allocated and pa d to the Towns and Villages; Beginning June 1, 2016, for a period of one year: FOR COUNTY PURPOSES: 53.0000% shall be allocated to the County; FOR CITY PURPOSES: 17.8650% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 29.1350% of such monies shall be allocated and paid to the Towns and Villages; Beginning June 1, 2017, for a period of one year: FOR COUNTY PURPOSES: 53.5000% shall be allocated to the County; FOR CITY PURPOSES: 17.6150% of such monies shall be allocated and paid to the City of Cortland; FOR TOWNS AND VILLAGES PURPOSES: 28.8850% of such monies shall be allocated and paid to the Towns and Villages; The term "net proceeds" shall mean all sums received from the New York State Comptroller pursuant to §1261 of the Tax Law, including interest and penalties, if any, collected thereon. This Agreement shall take effect June 1, 2013, and shall continue in effect for a period of five years, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature be and hereby is authorized to enter into an agreement with the City of Cortland, upon approval of the County Attorney, and is subject to the approval of the Comptroller of the State of New York On motion of Mr. Park; Seconded by Mr. Troy, Agenda Item No. 9 was introduced. Mr. Willcox asked if the $20,000 figure includes all costs, such as signage and overtime in the Sheriff’s Department. Mr. Murphy answered that yes, all costs are included. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. PARK RESOLUTION NO. 194-12 152 ---PAGE BREAK--- Authorize Agreements/Amend Budget County Administration (New York Jets) WHEREAS, Cortland County and SUNY Cortland will be hosting 2012 New York Jets training camp, AND WHEREAS, there is a need for various services to accommodate the New York Jets and their fans, AND WHEREAS, the County has obtained proposals for services such as parking, port-a-john, dumpster, signage and shuttle bussing, NOW THEREFORE BE IT RESOLVED, that the County Administrator, upon approval of the Chairman of the Legislature and the County Attorney, is hereby authorized to procure supplies and services as needed, in an amount not to exceed $20,000, AND BE IT FURTHER RESOLVED, that the 2012 County Budget is hereby amended as follows: Increase: Expense: A10105.54005 .1010 New York Jets $20,000 Decrease: A19905.54775 Contingency Fund $20,000 On motion of Mr. Park; Seconded by Mr. Bushnell, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. PARK RESOLUTION NO. 195-12 Appoint Member Tompkins Cortland Community College Board of Trustees (Matthew McSherry) WHEREAS, the term of Kay Breed, Cortland County’s representative to the Tompkins Cortland Community College Board of Trustees representing Cortland County expired on June 30, 2012, NOW, THEREFORE BE IT RESOLVED, that Matthew McSherry, 3693 Katie Lane, Cortland, NY, 13045, be and hereby is appointed to serve on the Tompkins Cortland Community College Board of Trustees to represent Cortland County for a term of July 1, 2012 until June 30, 2019. On motion of Ms. Price; Seconded by Mr. Cornell, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MS. PRICE RESOLUTION NO. 196-12 153 ---PAGE BREAK--- Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on May 31, 2012 for the period July 1, 2012 through September 30, 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 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 Sysco Food Service, PO Box 80, Route 173 North, Warners, NY 13164 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for the period July 1, 2012 through September 30, 2012. On motion of Ms. Price; Seconded by Mr. Spaulding, Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MS. PRICE RESOLUTION NO. 197-21 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on May 31, 2012 for July 1, 2012 through December 31, 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 154 ---PAGE BREAK--- Peters Supply, PO Box 1276, Elmira, NY 14902 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, 2012 through December 31, 2012. On motion of Ms. Price; Seconded by Ms. Cobb, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MS. PRICE RESOLUTION NO. 198-12 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products WHEREAS, bids were received on May 31, 2012 for July 1, 2012 through June 30, 2013 for the purchase of milk and dairy products in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest bidder, AND WHEREAS, the following bids were received: John R. Sears, DBA Bill Bros. Dairy, 219 Port Watson St., Cortland, NY 13045 ($35,895.00) 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, 2012 through June 30, 2013. On motion of Ms. Price; Seconded by Mr. Bushnell, Agenda Item No. 14 was introduced. Ms. Arnold asked about what portion of the lease agreement the County pays for. Ms. Robin Sandwick, Director of Employment & Training said the lease is paid by a variety of agencies. The E&T Department pays for 22.99%. The Department of Labor is 57.47%. Office of Temporary and Disability Assistance will pay 11.49 Access/Vocational Rehabilitation (VESID) will pay 2.3%. And DSS will pay 5.75%. She said this is a 10% decrease in rent the first year. Previously the janitorial payment was excluded from the lease and paid separately. The new lease will include janitorial, which will also be discounted 10% the first year. The cost is 155 ---PAGE BREAK--- currently $11.96 per square foot, with janitorial costs. Next year’s cost will be $10.93 with janitorial services for a total of 13,363 square feet. Mr. Pace noted that while there is a 10% cut next year, there is a 3% increase each year of the five year lease. Ms. Sandwick added that her department’s portion of the lease is not paid with County funds, rather federal money, and if that federal money is to be lost, then the lease will be null and void. The lease does not include utility payments, which run from $1,300 to $1,600 per month. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MS. PRICE RESOLUTION NO. 199-12 Authorize Lease Agreement Department of Employment and Training (Calabro Properties, Inc.) WHEREAS, Cortland County holds the lease for the Cortland Works Career Center (CWCC) at 91- 101 Main Street LLC., Cortland, NY which ends November 30th, 2012, AND WHEREAS, Cortland County wishes to continue to hold the lease to house and operate the Cortland Works Career Center, AND WHEREAS, Cortland County intends to sub-lease portions of said rental space, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized to execute a contractual agreement with Calabro Properties, Inc. for a term of five years. The rent for the first year during the initial term of the lease shall be One Hundred Forty- Nine Thousand Four Hundred Eighty Dollars ($149,480.00) payable in installments of Twelve Thousand Four Hundred Fifty Dollars ($12,450.00). Rent for subsequent years during the initial term of the lease shall increase by three percent over the preceding year’s rent, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute a sub-lease for portions of said rental space on such terms and conditions as deems appropriate by the County Administrator and Chairman of the Legislature, AND BE IT FURTHER RESOLVED, it is agreed and understood by all parties that this lease is contingent upon the receipt of Federal Workforce Investment Act funds and that Cortland County nor any of its Departments will not be obligated for rental payments to the landlord should these funds no longer be available. On motion of Ms. Price; Seconded by Ms. Cobb, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MS. PRICE RESOLUTION NO. 200-12 Authorize Agreement Health Department/Children with Special Needs Division (Software – Pre-K) WHEREAS, the Cortland County Health Department’s Pre-K Program is required to enter student data to meet State Regulations and to expedite billing and subsequent reimbursement from the State Education Department, AND 156 ---PAGE BREAK--- WHEREAS, Cortland County Health Department currently utilizes software from James McGuinness & Associates, Inc. for this purpose, AND WHEREAS, Cortland County Health Department desires to continue contracting for maintenance and support of said software with James McGuinness & Associates, Inc., at a maintenance cost of $550 per month, plus an hourly rate for consultation of up to $150 per hour, for the period July 1, 2012, through June 30, 2014, AND WHEREAS, this agreement shall include a ninety day extension clause, allowing the respective agreement to be extended until September 30, 2014, if a successor agreement is not executed by June 30, 2014, AND WHEREAS, this expense is budgeted in accounts A29605.54004 (Computer Software), and A29605.54055 (Professional Services), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, are hereby authorized to enter into an agreement with James McGuinness & Associates, Inc upon review and approval by the County Attorney. On motion of Ms. Price; Seconded by Mr. Cornell, Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MS. PRICE RESOLUTION NO. 201-12 Authorize Agreements Health Department/Administration Private Companies, Schools, Health Facilities, Private Organizations WHEREAS, the Cortland County Health Department is tasked by the New York State Department of Health with being prepared to provide medical countermeasures, such as vaccinations and prophylactic medications, within a 48 hour period to the entire population of Cortland County, AND WHEREAS, the Health Department would need assistance from other entities in order to meet this requirement, AND WHEREAS, other entities that employ health care professionals can assist by providing the medical countermeasures to the population that they work with and serve, AND WHEREAS, there would be no cost to the County other than the cost of the supplies provided to the dispensing entity, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, upon review and approval by the County Attorney, are hereby authorized to sign agreements with entities willing to participate in a program that assists the Health Department in the dispensing of medical countermeasures for the period September 1, 2012-August 31, 2017. On motion of Ms. Price; Seconded by Mr. Spaulding, Agenda Item No. 17 was introduced. All members voting in favor, except Ms. Price, who was opposed. Agenda Item No. 17 became: 157 ---PAGE BREAK--- ON MOTION OF MS. PRICE RESOLUTION NO. 202-12 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 04/01/12 through 3/31/13 is $30,003, AND WHEREAS, these funds are already in the 2012 budget in Expenditure Accounts A40125.51005- 51010 $18,687 (Personnel), A40125.58020-58065 $8,840 (Fringe), A40125.54005-54083.4023 $2,476 (Contractual) and Revenue Account A401243.43450.4023 $30,003 (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. On motion of Ms. Price; Seconded by Mr. Cornell, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MS. PRICE RESOLUTION NO. 203-12 Authorize Agreements/Accept Funds Health Dept./Environmental Health Drinking Water Program WHEREAS, the Cortland County Health Dept. has been awarded $100,180 from the New York State Dept. of Health to continue the Drinking Water Program for the period April 1, 2012 through March 31, 2013, to continue to provide drinking water supply protection services, AND WHEREAS, these funds are in the 2012 County Budget in accounts A40125.51005 $61,822 (Personnel), A40125.58020-58060 $29,247 (Fringe), A40125.54000-54500.4021 $9,111 (Contractual), and A401243.43450.4021 $100,180 (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. On motion of Ms. Price; Seconded by Mr. Bushnell, Agenda Item No. 19 was introduced. Ms. Price disclosed that she is an un-paid volunteer program director for the Virgil Youth Commission, which is receiving funds through this program. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MS. PRICE RESOLUTION NO. 204-12 Resource Allocation Plan 158 ---PAGE BREAK--- NYS Office of Children and Family Services Health Department/Youth Bureau WHEREAS, the NYS Office of Children and Family Services, through the Resource Allocation Plan, has made available the sum of $64,557.00 in Youth Development/Delinquency Prevention Funds (YDDP) and Special Delinquency Prevention Program Funds (SDPP) for Cortland County, through the Youth Bureau, AND WHEREAS, the County Youth Bureau has designated the funds to the various county municipalities and agencies for the year 2012 in accordance with the following schedule: 2012 New York State office of Children and Family Services funds will not exceed the descriptions below. Program Title Sponsoring Municipality Funding Type State Aid 2011 Anticipated State Aid 2012 Actual State Aid 2012 YDDP Funding Cortland County Youth Bureau Administration Cortland (County) YDDP- Administrative $8,670.00 $5,809.00 $6,297.00 Administration- City of Cortland Youth Bureau City of Cortland (City) YDDP- Administrative $25,818.00 $17,298.00 $18,752.00 Total $25,049.00 YDDP Initiative Bridges for Kids (YI) Cortland (County) YDDP- Initiative $1,540.00 $1032.00 $1,232.00 More Steps Cortland County YDDP- Initiative $4,500.00 $3015.00 $3,212.00 Total $6,040.00 $4,047.00 $4,444.00 Bridges for Kids Cortland (County) YDDP- Service $1,960.00 $1,313.00 $1,313.00 Child and Adult Respite Cortland (County) YDDP- Service now recreation $4,500.00 $3,015.00 $4,104.07 City of Cortland Recreation City of Cortland (City) YDDP- Recreation $3,538.00 $2,370.00 $2,857.59 City of Cortland Youth Bureau City of Cortland (City) YDDP (Service) $4,110.00 $2,753.00 $3137.35 Joint Youth Commission- Taylor Taylor (town) YDDP- Recreation Youth Services $500.00 $335.00 $124.92 $65.87 $59.05 Cuyler Recreation Cuyler (Town) YDDP- Recreation Youth Services $500.00 $335.00 $253.95 $133.90 $120.05 Educational Support Cortland YDDP- Service $3,509.00 $2351.00 $2351.00 159 ---PAGE BREAK--- Program (County) Harford Recreation Program Harford (Town) YDDP- Recreation Youth Services $500.00 $335.00 $223.54 $117.87 $105.68 Homer Recreation Program- Town Homer- Town YDDP- Recreation Youth Services $553.00 $370.00 $377.87 $338.78 $716.65 Homer Teen Center Cortland (County) YDDP- Recreation $956.00 $641.00 $737.20 Homer Teen Center- Recreation Cortland (County) YDDP- Recreation $1,527.00 $1023.00 $1,664.00 Joint Youth Commission Willet (Town) YDDP- Recreation Youth Services $1,000.00 $670.00 $276.14 $145.60 $130.54 Joint Youth Commission- Cincinnatus Cincinnatus YDDP- Recreation Youth Services $500.00 $335.00 $256.42 $135.20 $121.22 Marathon Recreation- Town Marathon (Town) YDDP- Recreation Youth Services 500.00 $335.00 $252.31 $133.03 $119.27 McGraw Recreation Program- Solon Solon- Town YDDP- Recreation Youth Services 500.00 $335.00 $245.73 $129.57 $116.16 Preble Recreation Preble (Town) YDDP- Recreation Youth Services 500.00 $335.00 $277.78 $146.47 $131.32 Scott Recreation Program Scott (Town) YDDP- Recreation 800.00 $536.00 $280.25 $147.77 $132.48 Town of Cortlandville Recreation Cortlandville (Town) YDDP- Recreation Youth Services $1,065.00 $713.00 $1520.42 $801.86 $718.75 Town of Freetown Freetown (Town) YDDP- Recreation Youth Services $500.00 $335.00 $179.98 $94.90 $85.08 Truxton Recreation Truxton (Town) YDDP- Recreation Youth Services $500.00 $335.00 $260.53 $137.37 $123.16 Village of Homer Recreation Homer YDDP- Recreation Youth Services $516.00 $345.00 $737.19 $388.70 $348.49 Village of Marathon Marathon YDDP- Recreation Youth Services $500.00 $335.00 $198.89 $94.02 $104.87 Village of McGraw McGraw YDDP- Recreation Youth Services $1,500.00 $1,005.00 $256.42 $135.20 $121.22 Virgil Youth Virgil YDDP- $1,500.00 $1,005.00 $525.16 160 ---PAGE BREAK--- Commission Recreation Youth Services $276.90 $248.26 Lapeer Lapeer (Town) YDDP- Recreation Youth Services $195.60 $103.13 $92.47 Virgil Youth Commission/Youth Services Virgil YDDP/ Service $606.00 $406.00 $1,159.00 Total: $32,640.00 $21,866.00 $ 24,444 SDPP Funding Bridges For Kids Cortland (County) SDPP- Type A $5,370.00 $3,598.00 $3,965.00 Cortland County Youth Bureau Administrative Cortland (County) SDPP- Type A $1,380.00 $1,035.00 $1,117.00 More Steps Cortland (County) SDDP- Type A $1,000.00 $670.00 $1,000.00 Educational Support Program Cortland (County) SDPP- Type A $2,864.00 $2,148.00 $2,514.00 $10,614.00 451 $8,596.00 Educational Support Program Cortland (County) SDDP- Type B $2,505.00 $1,878.75 $2,024.00 Total: $13,119.00 $9,329.75 $10,620.00 Total $86,787.00 $58,145.00 $64,557.00 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review by the County Attorney, be and hereby is authorized to execute the Resource Allocation Planning Agreement with the NY State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that in the event that the county does not receive the appropriate funds from the NY State Office of Children and Family Services, the County shall not be liable to pay any of its own funds to meet any deficiency under the terms of the contract, AND BE IT FURTHER RESOLVED, that the 2012 Adopted County Budget be and hereby is amended as follows: Increase Revenue: A731243.43820 Youth Bureau $64,557.00 Expense: A73125.54525.4309 Cortland Co. Youth Bureau YDDP $53,937.00 A73125.54530.4310 City Youth Bureau SDDP $10,620.00 161 ---PAGE BREAK--- On motion of Ms. Price; Seconded by Mr. Troy, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MS. PRICE RESOLUTION NO. 205-12 Authorize Agreement Department of Social Services (Cortland County Area Agency on Aging) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the Cortland County Area Agency on Aging for assistance with the Home Energy Assistance Program application process, AND WHEREAS, the costs of this Agreement will not exceed $18,700.00 and the funding needed for this Agreement is in the Miscellaneous Supporting Services Account A60105.54083, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of August 1, 2012 through May 31, 2013 with the Cortland County Area Agency on Aging. On motion of Ms. Price; Seconded by Ms. Cobb, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MS. PRICE RESOLUTION NO. 206-12 Authorize Agreement Department of Social Services (Cornell Cooperative Extension) WHEREAS, Cortland County Department of Social Services is desirous of contracting with Cornell Cooperative Extension for independent living services for eligible foster children, AND WHEREAS, the costs of this Agreement will not exceed $10,500 and the funding needed for this Agreement is in the Miscellaneous Supporting Services Account A60105.54083, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of August 1, 2012 through July 31, 2013 with Cornell Cooperative Extension. On motion of Ms. Price; Seconded by Mr. Bushnell, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MS. PRICE RESOLUTION NO. 207-12 Appoint Members Cortland County Youth Board 162 ---PAGE BREAK--- RESOLVED, that the following persons be and hereby are appointed to the Cortland County Youth Board, to serve without compensation for the following terms. Breanna Murray 24 Pearne Avenue 6/1/12 – 5/31/13 Youth Representative Cortland, NY 13045 On motion of Mr. Fuller; Seconded by Mr. Cornell, Agenda Item No. 23 was introduced. Mr. Fuller said this money is coming from the FAA to repair the navigational aids at the airport which are currently not functioning properly. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. FULLER RESOLUTION NO. 208-12 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 – NAVAIDS Replacement WHEREAS, the County of Cortland owns Cortland County Airport, General Levi R. Chase Field, and as owner, is eligible for federal grant monies for Airport Improvement Projects (AIP funding), and has agreed to all federal grant assurances promulgated by the United States Government, as administered by the FAA, AND WHEREAS, the FAA and NYSDOT have offered grants to the County of Cortland for the construction and construction inspection contracts associated with replacement of certain NAVAIDS at Cortland County Airport, AND WHEREAS, the County of Cortland desires to a) Support and maintain the Cortland County Airport; b) Provide for the highest possible safety of users engaged in aviation operations at the Cortland County Airport, AND WHEREAS, the funding for said Contracts will be available at participation levels of up to 257,400.00 (90%) Federal, $14,300.00 State and $14,300.00 Local funding, for a total estimated cost of $286,000.00, AND WHEREAS, the local (County) funding amount of $14,300.00 is already wholly appropriated as part of the amount in Account No. A56105.52253 in the 2012 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 NAVAIDS replacement project at Cortland County Airport at said funding levels, at a total project cost not to exceed $286,000.00, 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 $286,000.00, AND BE IT FURTHER RESOLVED, that the Local (County) funding amount of $14,300.00 is hereby authorized to be transferred to the project revenue account from Account No. A56105.52253 in the 2012 Airport Budget, AND BE IT FURTHER 163 ---PAGE BREAK--- RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2012 County Budget as follows to account for said project: Increase: Expenditure: H56105 52253 5620 NAVAIDS Replacement Expense $286,000.00 Increase: Revenue: H561044 44597 5620 Federal Revenue $257,400.00 H561043 43597 5620 State Revenue $14,300.00 H561048 45031 5620 Interfund Transfer Revenue $14,300.00 Decrease A56105 52253 $14,300.00 Increase A99505 59950 5620 $14,300.00 On motion of Mr. Fuller; Seconded by Mr. Spaulding, Agenda Item No. 24 was introduced. Ms. Arnold asked Mr. Chambers to discuss the design and how it accommodates high-water periods. Mr. Chambers said the project is a box culvert that will allow debris to pass through to avoid flooding, which has been a problem in the past, and has caused damage to public and private land. This structure will also be strong and wide enough to allow modern equipment such as snow plows and other large emergency vehicles to pass through. Mr. Troy asked if a one month delay would create a problem. Mr. Chambers answered yes, that the County needs to be on the schedule to receive the pre-cast portions of the project, and there are permit constraints with the NYS DEC and the Corps of Engineers. Ms. Briggs suggested the County wait one month to hear from Ms. Miller regarding the design. Mr. Parker asked if the DEC or the Army Corps of Engineers have reviewed and/or accepted the design of the culvert. Mr. Chambers said that both he and Mr. Buerkle have corresponded with the Army Corps of Engineers and the plans have been transmitted to the necessary agencies. Chairman Park said one of the factors that has increased the cost of the project is the “pilings” that must be put in place so as not to encroach on Ms. Miller’s property. Mr. Rocco interrupted the discussion and Chairman Park warned him that if he continues to disrupt the proceedings he will be asked to leave. Mr. Rocco continued, and Chairman Park asked that Mr. Rocco leave the meeting and asked the Sheriff to please escort Mr. Rocco out of the room. Ms. Cobb asked how the design of the culvert was determined. Mr. Chambers said the software that was used is used in standard engineering projects throughout the Country. Ms. Miller asked for permission to speak. Chairman Park replied no, and warned that if she continued to interrupt that she too would be asked to leave. Ms. Miller said she had information that was pertinent to the discussion that she would like to share. Chairman Park asked that she leave and requested the Sheriff to escort Ms. Miller from the room. Ms. Briggs asked what could be done to provide Ms. Miller an opportunity to speak. The Clerk said the public is provided an opportunity to speak during privilege of the floor, and a member of the public may be recognized by the Chairman, or by a motion from the floor being approved. Ms. Briggs made a motion to allow Ms. Miller to address the Legislature for three minutes. The motion was seconded by Ms. Cobb. Chairman Park asked for a roll call vote. Legislators Arnold, Boyden, Briggs, Cobb, Price, Troy and Willcox voting in favor. All others opposed. The motion failed with a weighted vote of 19,167. Chairman Park called for a vote on the resolution. All members voting in favor, except Ms. Briggs and Mr. Troy, who were opposed. Agenda Item No. 24 became: 164 ---PAGE BREAK--- ON MOTION OF MR. FULLER RESOLUTION NO. 209-12 Award Highway Construction Project – Replacement of Large Culvert on East River Rd. (C.R. 114) Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the Replacement of a Large Culvert on East River Rd. 114), AND WHEREAS, the bids received are as follows: BIDDERS BID G. DeVincentis & Son Const. Co., Inc. $347,000.00 7 Belden St. Binghamton, NY 13903 R. De Vincentis Construction, Inc. $348,000.00 One Brick Avenue Binghamton, NY 13901 Procon Contracting, LLC $363,000.00 100 Vestal Rd. Box 1037 Vestal, NY 13851 Adhan Piping Co., Inc. $383,014.11 1865 State Rt. 13 Cortland, NY 13045 Vector Construction Corp. $405,571.95 6364 Island Rd. Cicero, NY 13039 Silverline Construction, Inc. $408,194.00 4299 Newton Rd. Burdett, NY 14818 Bothar Construction, LLC $423,381.35 170 East Service Rd. Binghamton, NY 13901 D.E. Tarolli, Inc. $446,461.50 6602 Herman Rd. Warners, NY 13164 , NOW THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction agreement to the lowest bidder: G. DeVincentis & Son Const. Co., Inc., 7 Belden Rd., Binghamton, NY 13903, AND BE IT FURTHER 165 ---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, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said construction agreement from Account D51125.54077.7264 Materials and Supplies for the East River Road Large Culvert Replacement Project. On motion of Mr. Fuller; Seconded by Mr. Cornell, Agenda Item No. 25 was introduced. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. FULLER RESOLUTION NO. 210-12 Award Highway Construction Project – Supply of Reinforcement Bars on Union Valley Rd.(C.R. 158) Highway Department WHEREAS, the Highway Superintendent advertised for and received bids to Supply Galvanized Reinforcement Bars on Union Valley Rd. 158) structure, AND WHEREAS, the bids received are as follows: BIDDERS BID Tarco Steel, Inc. $11,435.00 13 Spud Lane Binghamton, NY 13904 , NOW THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the supply of galvanized reinforcement bars to the lowest bidder: Tarco Steel, Inc., 13 Spud Lane, Binghamton, NY 13904, with an amount not to exceed $11,435.00, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said construction materials from Account D51125.54077.7293 Materials and Supplies for the Union Valley Road project. On motion of Mr. Fuller; Seconded by Ms. Price, Agenda Item No. 26 was introduced. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. FULLER RESOLUTION NO. 211-12 Amend 2012 Budget Highway Department Capital Plan Highway Department WHEREAS there are funds remaining in McLean Road and Road Reconstruction accounts that can be used for current Highway Projects, NOW THEREFORE BE IT 166 ---PAGE BREAK--- RESOLVED that the money remaining in these accounts be transferred to the County Road Fund to complete these projects, AND BE IT FURTHER RESOLVED that the following transfers be made: Increase Revenue D501048 45031 $202,544.87 Expenditure D51125.54077.7001 $30,000.00 E. Keeney Ext. Road D51125.54077.7005 $30,000.00 E. Keeney Road D51125.54077.7006 $20,544.87 W. State Road D51125.54077.7008 $100,000.00 S. Cortland-Virgil Rd. D51125.54077.7264 $22,000.00 E. River Rd. Culvert H 99015 59950 5128 $152,750.29 H 99015 59950 5124 $ 49,794.58 On motion of Mr. Fuller; Seconded by Mr. Troy, Agenda Item No. 27 was introduced. Mr. Chambers indicated that this resolution is a required part of the grant application the County has hired Thoma Development to submit. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. FULLLER RESOLUTION NO. 212-12 Authorize Agreement New York State Local Waterfront Revitalization Program Little York Lake Dam Highway Department WHEREAS, the Cortland County Highway Legislature has approved a Project for the Replacement the Little York Lake Dam, AND WHEREAS, the Cortland County Legislature approved a contract with Thoma Development Consultants to prepare a grant application to the New York State Local Waterfront Revitalization Program (LWRP) by Resolution 169-12, AND WHEREAS, Thoma Development has recommended entering into an Agreement with the New York State Department of State to obtain funds from the LWRP grant for the Replacement of the Little York Lake Dam in the amount of $600,000, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is hereby authorized and directed to file an application for funds from the New York State Department of State Local Waterfront Revitalization Program in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $600,000, 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 Little York Dam Replacement Project and, if appropriate, a conservation/preservation covenant to the deed of the assisted property. On motion of Mr. Fuller; Seconded by Mr. Bushnell, Agenda Item No. 28 was introduced. Mr. Murphy said the money collected goes to help offset the costs of Highway and Sheriff’s personnel on site. All members voting in favor; none opposed. Agenda Item No. 28 became: 167 ---PAGE BREAK--- ON MOTION OF MR. FULLER RESOLUTION NO. 213-12 Authorize Parking Fee July 3 Fireworks at Dwyer Park WHEREAS, Cortland County contracts with the Cortland County Chamber of Commerce to provide a fireworks celebration in honor of Independence Day at Dwyer Park, AND WHEREAS, Cortland County assumes costs by providing parking attendants and sheriff patrols, NOW THEREFORE BE IT RESOLVED, that a parking fee of $5 per vehicle be charged to park visitors the evening of the Independence Day fireworks celebration, AND BE IT FURTHER RESOLVED that money collected from said parking fee shall be deposited in the following Revenue account (A711042.42001). On motion of Mr. Ross; Seconded by Mr. Bushnell, Agenda Item No. 29 was introduced. Chairman Park said the Homer Town Board has released Mr. Snyder to contract with the County. He said if the Town of Homer should need representation for the proposed project then they would hire outside counsel if necessary to avoid a conflict of interest. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. ROSS RESOLUTION NO. 214-12 Authorize Engagement of Patrick M. Snyder, Attorney at Law Legal Services – Wind Project WHEREAS, the Cortland County Agriculture & Planning Committee has recommended obtaining legal services in the State Environmental Quality Review process for an alternative energy (wind) project proposed by TCI Renewables in the towns of Cortlandville, Homer, Solon and Truxton, AND WHEREAS, and escrow account was established by Resolution 186-09 to offset the costs of the lead agency in the proposed Crown City Wind Farm project, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized and directed to engage Patrick M. Snyder, 70 Port Watson Street, Cortland, NY, to represent and counsel the County relating to the proposed project, and that payment for services shall be made out of said escrow account. On motion of Mr. Ross; Seconded by Mr. Bushnell, Agenda Item No. 30 was introduced. Ms. Arnold said she has concern that the proper SEQR process has been followed to date. Chairman Park said that Mr. Snyder and the County’s representative from Labella & Associates have both given their respective approval to act on the SEQR. Mr. Murphy said the scoping period that will be considered following the adoption of a positive declaration, is not a mandatory portion of SEQR, however TCI Renewables, as well as the County, feel that a scoping period to allow interested parties to help guide the creation of the Environmental Impact Statement. Mr. Murphy said the public comment period recommended by the DEC is a minimum of 20 days, and then the County has up to 60 days to submit those comments to TCI. The 60 day timeframe begins upon the official receipt of the documents from TCI. All documents that are received from TCI as part of the scoping 168 ---PAGE BREAK--- period are required to be provided to interested agencies, and be made available to the public. Chairman Park refuted the statement made by Mr. Rocco and said that all four interested towns have been invited to recent meetings, and Cortlandville has declined to attend. Mr. Murphy said that if the County was not the lead agency, and each project was considered individually, then each town would have to go through SEQR individually, and that each town has the authority to establish their own zoning regulations that could impact the project. All members voting in favor, except Ms. Briggs, who was opposed. Agenda Item No. 30 became: ON MOTION OF MR. ROSS RESOLUTION NO. 215-12 Resolution Issuing a Positive Declaration Under New York State Environmental Quality Review (SEQR) Act For The Crown City Wind Farm Cortland County WHEREAS, Resolution 348-08 Air Energy TCI, Inc (TCI) proposed the development of a 90 megawatt (MW) wind farm project know as Crown City Wind Farm in the Town of Cortlandville, Homer, Solon and Truxton, AND WHEREAS, TCI submitted a Full Environmental Assessment Form (EAF) with Part I completed to Cortland County under the New York State Environmental Quality Review Act (herein “SEQR), AND WHEREAS, Cortland County determined that the proposed wind farm constitutes a Type I Action as defined by SEQR, AND WHEREAS, the SEQR document submitted by TCI included a list of Involved Agencies, as defined by SEQR regulation, AND WHEREAS, in Resolution 348-08, Cortland County was an Involved Agency as defined by SEQR regulations, Cortland County declared itself Lead Agency for the purpose of completing the environmental review under SEQR, AND WHEREAS, pursuant to SEQR, all Involved Agencies have been notified of the County’s intent to act as lead agency, AND WHEREAS, Resolution 186-09, resolved that due to the complexity of the Project and the fact that it is the first proposed project in Cortland County, the County would retain and intends to retain consultants, engineers, environmental consultants, attorneys and other experts (herein “Consultants”) to assist in its review of the Project, AND WHEREAS, Resolution 186-09 authorized Air Energy TCI and Cortland County to enter into an agreement concerning the payment of the County’s reasonable and necessary costs and expenses to process and review the Project, including but no limited to Consultant’s fees for services rendered to the County, NOW THERFORE BE IT RESOLVED, that the County makes a positive declaration of significance under SEQR, AND BE IT FURTHER, RESOLVED, that the Project constitutes an action described in one or more categories contained in 617.17(c), and accordingly, an environmental impact statement (“EIS”) is appropriate to assess the Project’s environmental impacts, AND BE IT FURTHER 169 ---PAGE BREAK--- RESOLVED, that the County directs TCI to prepare an EIS which shall address environmental impacts in conformance with 617.17 and shall be subject to all applicable procedures of Part 617, AND BE IT FURTHER RESOLVED, that the County authorizes and directs its officers and employees to do such further things to perform such further acts and execute such documents as are necessary and/or appropriate to file and publish the positive declaration in accordance with 617.12, including providing notice to all entities identified therein, publication in the Environmental Notice Bulletin; as well as take any further necessary steps in accordance with SEQR On motion of Mr. Ross; Seconded by Ms. Price, Agenda Item No. 31 was introduced. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. ROSS RESOLUTION NO. 216-12 Authorize Request for No-Cost Time Extension of Local/Miscellaneous Contract/Amend 2012 Budget New York State Department of Transportation (NYSDOT) Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom Cortland County Planning Department WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1) and Section 5317 New Freedom, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase access for recipients of public assistance and low income persons to employment, as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5317 Federal formula reimbursement funds for new public transportation services and public transportation alternatives beyond those required by the American Disability Act of 1990 (ADA), that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services, as identified through a coordinated planning process, and consistent with eligible activities described in the FTA Circular 9045.1, AND WHEREAS, Resolution No.177-10 and 178-10 accepted grant/authorized agreement/amend 2010 budget under the JARC program intended to fund innovative and flexible programs which identify and address the transportation needs of individuals with limited incomes and persons with disabilities, AND WHEREAS, Resolution No. 136-11 and 137-10 amended the 2011 budget in order to continue the grant funding for Section 5316, Job Access and Reverse Commute (JARC) and Section 5317, New Freedom, AND WHEREAS, Seven Valleys Health Coalition served as the project manager and was responsible for continuing the mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and continuing the Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies, AND 170 ---PAGE BREAK--- WHEREAS, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, AND WHEREAS, the mobility management program has taken longer than budgeted to expend all funds and the operating project was late in getting started and has funds remaining to spend and a second contract is still awaiting FTA approval and there are continuing cost associated with the project, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is authorized, upon County Attorney approval to sign the Request for No-Cost Time Extension of Local/Micellanous Contract, AND BE IT FURTHER RESOLVED, that the 2012 County Budget is hereby amended as follows: Section 5316: Increase: A80205-54055-8021 $25,500.28 Expense Increase A802042-42189.8021 $25,500.28 Revenue Section 5317: Increase A80205-54055-8022 $15,525.36 Expense Increase A802042.42189-8022 $15,525.36 On motion of Mr. Cornell; Seconded by Mr. Bushnell, Agenda Item No. 32 was introduced. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 217-12 Standard Work Day and Reporting Resolution 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 Legislator Thomas Hartnett 4475 41029588 7 1-1-12 – 12-31-13 N 8.47 171 ---PAGE BREAK--- Legislator Kathie Arnold 2181 42644492 7 1-1-12 – 12-31-13 N 8.2 Legislator Susan Briggs 8302 50010784 7 1-1-12 – 12-31-13 N 8.09 County Clerk Elizabeth Larkin 8625 41029554 7 1-1-12 - 12-31-15 N 20 Coroner Kevin Sharp 2955 40429136 7 1-1-12 – 12-31-15 N 2.08 Corner Whitney Meeker 6182 42215988 7 1-1-12 – 12-31-15 N 2.00 Appointed Officials Clerk of the Legislator Jeremy Boylan 6532 41992728 7 1-1-12 – 12-31-13 Y N/A Director of Veterans’ Service Agency Carl Bullock 2042 37443876 7 1-1-12 – 12-31-13 Y N/A County Auditor Jane Sharpe 7506 30526651 7 1-1-12 – 12-31-13 Y N/A Election Commissioner Robert Howe 9649 37097375 7 1-1-12 – 12-31-13 N 20 On motion of Mr. Whitney; Seconded by Mr. Spaulding, Agenda Item No. 33 was introduced. Mr. Whitney said the County’s membership in the Southern Tier Consortium will position the County better in the next grant application. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 218-12 Authorize Membership In The Southern Tier East Regional Emergency Service Interoperable Communications Consortium WHEREAS, Cortland County desires to participate with the counties of Broome, Chenango, Delaware, Otsego, Schoharie, Tioga and Tompkins to form the Southern Tier East Regional Emergency Service Interoperable Communications Consortium, AND WHEREAS, said agreement is necessary to develop a common communications network, interoperability governance and enhance our ability to receive grant funding, NOW THEREFORE BE IT RESOLVED, that this County Legislature hereby accepts the Southern Tier East Regional Emergency Service Interoperable Communications Alliance Memorandum of Agreement, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the agreement on behalf of Cortland County, upon the approval of the County Attorney. On motion of Mr. Whitney; Seconded by Mr. Cornell, Agenda Item No. 34 was introduced. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 219-12 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: $9,420.00 172 ---PAGE BREAK--- Shed-It $3,642.00 CINTAS $1,276.00 , 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, 2012 and ending June 30, 2013. On motion of Mr. Whitney; Seconded by Ms. Cobb, Agenda Item No. 35 was introduced. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 220-12 Authorize Intra-Office Agreement Cortland County District Attorney (Child Advocacy Program) (Contracting with VIP Installations) WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective handling of cases involving child victims of sexual and other abuse, which program is funded by New York State grants through the NYS Office of Children and Family Services (“OCFS”), and which funds are administered by the District Attorney of Cortland County AND WHEREAS, the CAP through the DA wishes to contract with VIP Installations for the modification of the already installed key fob system (Resolution #154-12) in order to ensure proper functioning in the case of a fire, purchase of a microphone to replace one currently being used from the old center which is not functioning properly, and installation of a new speaker system to produce white noise and alleviate any confidentiality issues due to the proximity of the space to the public defender’s office, the interview rooms to the waiting room, and the conference room to the hallway for a total amount of $1803.75, paid for through said NYS grant, as approved for the current fiscal year, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign such agreements as are necessary to purchase the needed equipment and is hereby authorized to approve payment of such amount. On motion of Mr. Whitney; Seconded by Mr. Bushnell, Agenda Item No. 36 was introduced. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 221-12 Public Defender Extend Temporary Keyboard Specialist WHEREAS, a temporary part-time Keyboard Specialist position was created January 1, 2012 per Resolution 333-11, AND 173 ---PAGE BREAK--- WHEREAS, there is a need to extend the temporary part-time Keyboard Specialist position for up to three months, AND WHEREAS, the Judiciary & Public Safety and Budget & Finance Committees recommend this position be extended, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the extension of one temporary, part-time (17 hours per week, no benefits) Keyboard Specialist,(CSEA grade 5, $13.0374- 15.8620/hr., competitive class) from July 1, 2012 and ending no later than September 30, 2012. On motion of Mr. Whitney; Seconded by Mr. Spaulding, Agenda Item No. 37 was introduced. Mr. Whitney said keeping the current Director at part time, for no more than two months, will allow for the proper training of the new director. Ms. Price asked if the Legislature will be making the appointment of the new Director. Mr. Murphy said that Mr. Moses, the current director, officially retires on June 29. He said the position was posted, a committee has interviewed candidates and selected a candidate to offer the job to, pending reference checks. Mr. Murphy deferred to the County Attorney as to whether the appointment authority for this position lies with the Legislature or the Administrator. Chairman Park said a workshop will be held in soon to address this issue and clarify the process. Mr. Purser said he would reserve judgment until the workshop. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 222-12 Create Temporary Director of Weights & Measures Weights & Measures WHEREAS, the Personnel/Civil Service Office has classified one new temporary part-time position of Director of Weights & Measures, AND WHEREAS, the Personnel/Budget & Finance Committees recommend the creation of one temporary part-time Director of Weights & Measures, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the creation of one temporary part-time Director of Weights & Measures (Grade 10, $24.9847/HR, up to 17 hours/week, competitive class) on or after July 2, 2012 until August 31, 2012, AND BE IT FURTHER RESOLVED, that the 2012 budget be amended as follows: Increase: A66105 51005 Personal Services $3,822.66 Decrease: A19905 Contingency $3,822.66 On motion of Mr. Willcox; Seconded by Ms. Price, Agenda Item No. 38 was introduced. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 223-12 Abolish/Create Buildings & Grounds Department Cleaner/Custodian 174 ---PAGE BREAK--- WHEREAS, the needs of the agency will be better served by reclassifying one position of Cleaner in the Buildings & Grounds Department, AND WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Custodian, AND WHEREAS, the Buildings & Grounds/Budget & Finance Committees recommend the creation of these positions, NOW THEREFORE BE IT RESOLVED, that one position of Cleaner (Grade 2, $11.4182-13.8919/hr, CSEA contract, labor class) be and hereby are abolished effective June 28, 2012, AND BE IT FURTHER RESOLVED, that one position of Custodian (Grade 3, $12.0988-14.7201/hr., CSEA contract, competitive class) be created effective June 28, 2012. On motion of Mr. Willcox; Seconded by Mr. Bushnell, Agenda Item No. 39 was introduced. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MR WILLCOX RESOLUTION NO. 224-12 Authorize Amendment Information Technology (Lexis-Nexis) WHEREAS, Cortland County has a Subscription for services with Lexis-Nexis used in various County Departments which is due to expire on 7/31/2012, AND WHEREAS, a Subscription Plan Amendment has been received from Lexis-Nexis for Cortland County Offices as follows: Terms: 36 months Payments: 8/1/2012 thru 7/31/2015 @ $ 960.00/month Total Contract Price: $34,560.00 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 Items 40 and 41 were approved earlier in the Legislative Session. On motion of Mr. Pace; Seconded by Mr. Cornell, Agenda Item No. 42 was introduced. All members voting in favor; none opposed. Agenda Item No. 42 became: ON MOTION OF MR. PACE RESOLUTION NO. 225-12 175 ---PAGE BREAK--- Adopt Cortland County Purchasing Policy/Amend Procurement Policy County Administration WHEREAS, Resolution No. 262-93 adopted a procurement policy for Cortland County, AND WEHREAS, Cortland County has implemented a new purchasing/requisition system through the MUNIS accounting software, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature, upon approval of the County Attorney, hereby adopts the Cortland County Purchasing and Requisition Policy attached hereto, AND BE IT FURTHER RESOLVED, that Resolution No. 262-93 is hereby rescinded. The Clerk noted that two resolutions were not included in the agenda, and asked for a motion to suspend the Rules of Order to consider them. Mr. Troy made a motion to suspend the Rules of Order. Seconded by Mr. Parker. All members voting in favor; none opposed. The motion was approved. On motion of Mr. Park; seconded by Mr. Troy, the following resolution was introduced: “Authorize Agreement Between United States Environmental Protection - Agency And County Of Cortland Regarding Former Buckbee-Mears Site.” Mr. Purser said the US Attorney General’s Office is requesting action on this to resolve the liens on the property, which will allow the EPA to foreclose on the property. All members voting in favor; none opposed. The item became: ON MOTION OF MR. PARK RESOLUTION NO. 226-12 Authorize Agreement Between United States Environmental Protection Agency And County Of Cortland Regarding Former Buckbee-Mears Site WHEREAS, the United States Environmental Protection Agency (“EPA”) performed a cleanup response action pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA” or “Superfund”), 42 U.S.C. 9601-9675, at the Buckbee-Mears Co. Site, a former manufacturing facility including approximately 50 acres of real property and any buildings and improvements located thereon, at 30 Kellogg Road, Cortland County, City of Cortland, New York (hereinafter the “Site”), AND WHEREAS, the City of Cortland (“City”) has a lien against real property included within the Site more particularly described as Tax Map Parcel Number 87.78-01-01.000 on the Cortland County Tax Map, street address 30 Kellogg Road, City of Cortland, State of New York (the “City Property”) for unpaid ad valorem real property taxes, which totaled approximately $1.2 million (hereinafter, “City’s Tax Lien”) as of December 31, 2011, AND WHEREAS, this City Property has been in the wholly exempt section of the tax rolls since September 15, 2009, AND WHEREAS, the County of Cortland (“County”) has a lien against real property more particularly described as Tax Map Parcel Number 97.00-01-02.000 on the Cortland County Tax Map, street address 3727 Kellogg Road, Town of Cortlandville, State of New York, (the “Town Property”), for unpaid ad valorem real property taxes, which totaled approximately $5,727.28 (hereinafter, “County’s Tax Lien”) as of December 31, 176 ---PAGE BREAK--- 2011. In addition to the City Property, the Site encompasses a portion of the Town Property. The City Property and Town Property are collectively referred to herein as the “Properties”, AND WHEREAS, the State Bank of India, New York Branch (the “Bank”) has alleged that IED owes it approximately $8.4 million under a Credit Agreement, that the Bank holds a Mortgage and Security Agreement given by IED on the Properties, and that IED is in default on such loans, and the Bank has initiated a foreclosure action on the Properties in the Cortland County Supreme Court, AND WHEREAS, pursuant to Section 107(l) of CERCLA, 42 U.S.C. § 9607(l), the United States of America, on behalf of EPA, has a lien against each of the Properties in the amount of the total response costs it has incurred in connection with EPA’s response action at the Site, which lien amount, exclusive of interest, was, as of December 31, 2011, approximately $8.3 million (hereinafter, “CERCLA Lien”), AND WHEREAS, pursuant to Section 107(r) of CERCLA, 42 U.S.C. § 9607(r), a windfall lien may arise against the Properties in the amount of any increase in the Properties’ fair market value due to EPA’s response action at the Site (hereinafter, “Windfall Lien”), AND WHEREAS, the Properties are owned by International Electron Devices (USA), LLC IED has abandoned the Properties, and neither IED nor its principals or their representatives have resolved the City’s Tax Lien, the County’s Tax Lien, EPA’s CERCLA Lien, or EPA’s potential Windfall Lien, AND WHEREAS, pursuant to federal statutes codified at 28 U.S.C § 2410(c), the United States would have a one-year right to redeem if the City Property or the Town Property was sold to satisfy the City’s Tax Lien or the County’s Tax Lien, respectively, AND WHEREAS, EPA and the Bank may enter into a settlement agreement (“Bank Agreement”), and EPA and the City have entered into a settlement agreement (“Municipality Agreement”), in an effort to facilitate the foreclosure, sale, and redevelopment of the Properties, AND WHEREAS, the County will cooperate with the Bank, the City, the Town and/or EPA, as applicable, to facilitate the sale of the Properties, in accordance with this agreement (“County Agreement”), and with the Municipality Agreement and/or Bank Agreement, whichever has been finalized, AND WHEREAS, the County desires that EPA remove its CERCLA Lien, waive its right of redemption in order to facilitate recovery of response costs and redevelopment through the sale of the Properties, and waive its potential Windfall Lien, AND WHEREAS, EPA supports the redevelopment of former Superfund sites and is willing to remove its lien and waive its right of redemption in consideration of the payments for reimbursement of response costs required pursuant to the Bank Agreement, the Municipality Agreement, and this County Agreement, as applicable, NOW THEREFORE BE IT RESOLVED that Cortland County is hereby authorized to enter into an agreement with the United States Environmental Protection Agency (EPA) regarding the sale of the premises known as 3727 Kellogg Road, Cortland, New York (Tax Map No. 97.00-01-02.000) that would provide that Cortland County would receive the sum of $2,120.00 for its tax lien on the subject property if the premises are sold subsequent to a mortgage foreclosure action commenced by Bank of India or pay 50% of the net proceeds if the premises are sold by the County at an In Rem Tax Foreclosure proceeding to EPA, AND BE IT FURTHER 177 ---PAGE BREAK--- 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 United States Environmental Protection Agency to incorporate the above terms. On motion of Mr. Park, seconded by Mr. Pace, the following resolution was introduced: “Authorize Agreement Between Cortland County and the State University of New York (SUNY Cortland) County Legislature.” Mr. Murphy said the County has been negotiating with SUNY Cortland for some time, but any agreements needed to be approved in Albany, which has delayed the process. SUNY Cortland was the only agency to respond to the County’s RFP for purchase/lease of the facility. All members voting in favor; none opposed. The item became: ON MOTION OF MR. PARK RESOLUTION NO. 227-12 Authorize Agreement Between Cortland County and the State University of New York (SUNY Cortland) County Legislature WHEREAS, Cortland County owns the building at 22 W. Court Street, Cortland, NY, totaling approximately 3,200 square feet, and an adjacent parking lot, AND WHEREAS, Cortland County solicited proposals for the purchase and/or lease of the property, AND WHEREAS, only one response was provided to the County’s request for proposals, and said response was from SUNY Cortland, 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 lease agreement with SUNY Cortland for the lease of 22 W. Court Street, Cortland, NY, AND BE IT FURTHER RESOLVED, that the terms of said lease shall commence Aug. 1, 2012, for two years, at an annual rental cost of $28,800, and in accordance with the terms and conditions sent forth in the attached agreement. Mr. Murphy said while the County is going to discuss appointment authority at the upcoming work shop, he still needs direction as to whether to offer and appoint a new Director of Weights & Measures. Ms. Price said that if the person accepts the position, a special meeting of the Legislature should be held to appoint the person by resolution. Mr. Purser said if necessary the Legislature could hold an executive session to review the candidate Mr. Murphy has in mind. Mr. Willcox made a motion that the Administrator be granted the authority to appoint the Director of Weights & Measures, contingent upon the issue be addressed at the upcoming work shop. Seconded by Mr. Fuller. All members voting in favor; none opposed. The motion was approved. Announcements: Ms. Price announced that the Committee would be meeting directly after session to discuss the status of the Interoperable Communications Project, as well as the Municipal Electric & Gas Alliance. Adjournment Mr. Park adjourned the meeting and read the 2012 State of the County Address. 178 ---PAGE BREAK--- Cortland County Legislature July 26, 2012 6:00 P.M. Minutes Order of Business Chairman Park opened the meeting at approximately 6:02 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 June 28, 2012 Regular Meeting. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor There was no one present requesting privilege of the floor. Proclamations & Recognitions The Clerk read a proclamation, declaring July 28, 2012 as ADA Awareness Day. Ms. Price presented the proclamation to Fran Pizzola, Director of Access to Independence. Receive & File Mr. Troy made a motion to Receive and File an Investigative Report and Findings from Mr. Michael Surowka. Seconded by Mr. Willcox. Mr. Natoli said he does not believe the County should refer the report to the District Attorney, as there is a conflict of interest, and the report should go directly to the Attorney General. Mr. Park said he has been advised that if the Legislature refers the matter directly to the Attorney General then it will be sent back to the DA’s office anyway, further delaying the process. Mr. Natoli said this investigation should have been handled by the previous legislature and the fact that it wasn’t also warrants investigation. Ms. Price asked by what authority the report is being referred to the DA. The Clerk explained that a motion was approved by the Investigation Committee to do so. Ms. Briggs asked if the Investigation Committee had the authority to bypass the legislature in making that referral. Mr. Purser said the report is a public report, and it can be taken or given to whoever they wish. He said the committee had all the powers afforded by County Law Section 209. He said any public officer has an obligation to report any perceived wrong-doing. Mr. Cornell asked if this was ever referred to the Board of Ethics prior to hiring an attorney. Mr. Murphy said this was a personnel matter and would not be appropriate for the County to refer to the Ethics Board. Mr. Natoli said that an investigation was done regarding the public defender in July of 2011 and that this issue should have been cleared up at that time. Mr. Murphy said the allegations against the public defender were received in January of 2012, and the subject matter of the July meetings were different that the current circumstances. Ms. Price asked what would happen if the Legislature voted down the motion to receive and file. All members voting in favor; except Mr. Natoli and Mr. Cornell, who were opposed. The motion was approved. New Business 179 ---PAGE BREAK--- The Clerk asked if there were any objections to considering Agenda Item No. 16 first in order to accommodate President’s Hayne’s schedule. Seeing none, he asked for a motion to introduce the resolution. On motion of Mr. Pace; Seconded by Troy, Agenda Item No. 16 was introduced. Ms. Briggs asked if the item was time sensitive. Mr. Haynes said all paperwork needs to be provided to the Governor’s Division of Budget by late September or early October, and it will take nearly a month to prepare all the documents. He said approval by the Legislature at the August meeting would put the college in a difficult situation. Ms. Briggs asked if the college could use chargeback funds to eliminate the county’s payment for the interest on the bonds. Mr. Haynes said the college’s chargeback account could not afford to do that. He added that the chargeback funds come to TC3 by bringing out-of-county students to the college. Cortland County must pay other counties for students who go to out-of-county community colleges. Therefore, keeping TC3 a competitive choice for students make financial sense for the County. Mr. Park said he was going to end debate and call the question. All members voting in favor of calling the question, except Ms. Briggs, Mr. Ross, Mr. Willcox, who were opposed. Mr. Park call for a vote on the resolution itself. All members voting in favor, except Mr. Willcox and Ms. Briggs, who were opposed. Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 228-12 Endorsing Tompkins Cortland Community College Campus Master Plan And Approving Expansion And Renovation Of Tompkins Cortland Community College Facilities Subject To State Approval And Funding WHEREAS, the Cortland County Legislature and the Tompkins County Legislature as sponsors of Tompkins Cortland Community College, recognize the need for building space modifications within the Tompkins Cortland Community College campus to address the need for additional classroom space, student support services space, and infrastructure preservation to the College, AND WHEREAS, the State University of New York (SUNY) requires all campuses to provide a five-year campus master plan, AND WHEREAS, the College entered into an agreement with HOLT Architects, P.C., for the development of a five-year Campus Master Plan with a focus on instructional space utilization, AND WHEREAS, the Campus Master Plan has been completed under guidance and direction of college officials producing an updated Campus Master Plan that will guide the college and its sponsors in ensuring the integrity of the physical plant and in providing for the programmatic needs of the college, AND WHEREAS, HOLT Architects, P.C., has estimated that all costs related to the Campus Master Plan are not likely to exceed $7,050,000, one-half of which would be funded by New York State and one-half by the local sponsors, AND WHEREAS, the local sponsor share of the principal will be funded by Tompkins Cortland Community College’s Capital Chargeback Fund, NOW THEREFORE BE IT RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the Cortland County Legislature does hereby approve the Tompkins Cortland Community College Campus Master Plan, AND BE IT FURTHER RESOLVED, that subject to the approval of said Master Plan by the State and the appropriation of 50% (fifty percent) State funding, this Legislature does hereby approve the undertaking of the Campus Master 180 ---PAGE BREAK--- Plan, AND BE IT FURTHER RESOLVED, that Tompkins Cortland Community College shall submit to the State appropriate applications and information necessary for approval and funding of the Campus Master Plan, AND BE IT FURTHER RESOLVED, that certified copies of this Resolution be sent to the Tompkins County Legislature, the Board of Trustees of Tompkins Cortland Community College, the Board of Trustees of the State University of New York, and the State University Construction Fund, AND BE IT FURTHER RESOLVED, that this Resolution shall become effective upon the adoption of a concurrent resolution by the Tompkins County Legislature. On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 1 was introduced. Ms. Price said the two seats are opening up by the resignation of Ms. Price and Mr. Troy, who will be retaining ex-officio status, and this will also allow public citizens to serve on the board. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 229-12 Appoint Member Community Services Board Mental Health Subcommittee WHEREAS, the By-laws of the Cortland County Community Services Board, Article 3, Section 1 states that the Board shall have separate Subcommittees for Mental Health, Developmental Disabilities, and Chemical Dependency, each having no more than nine members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Subcommittee shall be four years except for the vacancies of unexpired terms, AND WHEREAS, Ms. Price has agreed to resign her membership and serve the Subcommittee as an ex- officio member, NOW THERFORE BE IT RESOLVED, that the following Subcommittee appointment be made: NAME/ADDRESS TERM EXPIRATION Christopher Hyde 12/31/2015 21 Cayuga Street Homer, N.Y. 13077 On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION NO. 230-12 Appoint Member Community Services Board 181 ---PAGE BREAK--- Chemical Dependency Subcommittee WHEREAS, the By-laws of the Cortland County Community Services Board, Article 3, Section 1 states that the Board shall have separate Subcommittees for Mental Health, Developmental Disabilities, and Chemical Dependency, each having no more than nine members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Subcommittee shall be four years except for the vacancies of unexpired terms, AND WHEREAS, Mr. Troy has agreed to resign his membership and serve the Subcommittee as an ex- officio member, NOW THERFORE BE IT RESOLVED, that the following Subcommittee appointment be made: NAME/ADDRESS TERM EXPIRATION Michael Johnson 12/31/2015 132 Main Street Apartment 11 Cortland, N.Y. 13045 On motion of Mr. Park, second by Ms. Price, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 231-12 Appoint Members Cortland County 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 the vacancies of unexpired terms, AND WHEREAS, there are two current vacancies due to the resignation of Kimberly Reakes, and the expiration of term of Emmanuel Lann, NOW THERFORE BE IT RESOLVED, that the following appointments be made: NAME/ADDRESS TERM EXPIRATION Michael Johnson 12/31/2015 132 Main Street Apartment 11 Cortland, N.Y. 13045 Christopher Hyde 12/31/2013 21 Cayuga Street Homer, N.Y. 13077 182 ---PAGE BREAK--- On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 232-12 Accept Funds Mental Health Department System of Care Learning Collaborative WHEREAS, the Cortland County Mental Health Department has applied to the Conference of Local Mental Hygiene Directors to establish a local System of Care Learning Collaborative, AND WHEREAS, the Cortland County Mental Health Department proposal has been accepted by the NOW THERFORE BE IT RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: A 43105 54870 4221 MENTAL HEALTH ASSOCIATION $5,000.00 Revenues: A431042 41689 4221 $5,000.00 On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 233-12 Authorize Agreements Mental Health Department Home Care for Cortland County, Inc. WHEREAS, the Home Care for Cortland County Inc was operating under the agreement with the Cortland County Health Department to provide nursing services to the Cortland County Mental Health Department, AND WHEREAS, the contract between the Cortland County Health Department and Home Care for Cortland County Inc. has expired, NOW THERFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to appropriation of funding by the Legislature, is hereby authorized to execute agreements for 2012 with Home Care for Cortland County Inc., to be paid out of Professional Services (A54055) and shall not exceed $10,000. On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 234-12 183 ---PAGE BREAK--- 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 $212.01 p/ton 1 Recycle Drive Owego, NY 13827 Contento’s $185.00 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. On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 7 was introduced. Mr. Chambers said this will allow the Virgil Fire District to save on fuel costs. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 235-12 Amend Budget/Transfer Funds Highway Department WHEREAS, the Virgil Fire District has requested to purchase motor fuels from the Cortland County Highway Department, AND WHEREAS, the Cortland County Highway Department is estimated to receive $700.00 more revenue from the sale of motor fuel as a result of the Virgil Fire District fuel purchases in the 2012 budget, AND 184 ---PAGE BREAK--- WHEREAS, the County Highway Department Budget must be increased to purchase the requested fuel for the Virgil Fire District, NOW THEREFORE BE IT RESOLVED, that the 2012 Adopted County Budget is hereby amended as follows: Increase: Revenue: E513042.42300 Fuels Sales $700.00 Increase: Expense: E51305.54078 Fuel $700.00 On motion of Mr. Ross, second by Ms. Price, Agenda Item No. 8 was introduced. Mr. Ross said this will generate revenue for transportation by putting advertising on the back of the First Transit, County-owned busses. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. ROSS RESOLUTION NO. 236-12 Authorize to Seek Proposals for Transit Display Advertising Services For Cortland County Owned Buses (operated by First Transit, Inc) Cortland County Planning 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, AND WHEREAS, Resolution 263-11 authorized the transit display advertising service aboard Cortland County owned buses by seeking written and sealed proposals for the sale and promotion of transit display advertising space aboard Cortland County owned buses (operated by First Transit) from qualified advertising firms for the 2012-2013 years, AND WHEREAS, additional documentation and New York State Department of Transportation approval was necessary before submitting a Request for Proposal (RFP) for the 2012-2013 years, AND WHEREAS, the additional documentation has been completed in order to proceed with submitting an RFP to the New York State Department of Transportation for approval, AND WHEREAS, in order to continue 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 (tailboard only) aboard County owned buses (operated by First Transit) from qualified advertising firms for 2013-2014 years. The funds generated by the transit display advertising space aboard the County owned buses can only be used solely for the transportation system, AND WHEREAS, any proposal for transit display advertising space aboard County owned buses must be in accordance with guidelines 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 185 ---PAGE BREAK--- WHEREAS, there will be no cost to Cortland County for any advertising costs, NOW THEREFORE BE IT RESOLVED, that Cortland County continue to increase funding for the transportation system by authorizing seeking written and sealed proposals for the sale and promotion of transit display advertising space (tailboard only) aboard Cortland County owned vehicles (operated by First Transit) from qualified advertising firms for the 2013-2014 years, as long as such advertising meets the requirements set forth by the New York State Department of Transportation and Cortland County. On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 9 was introduced. Mr. Whitney said this agreement will allow for assistance between counties in Central New York in case of emergencies relating to the communication systems, such as a large portable generator that would be provided to Cortland County, from Oswego County, if it was required. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 237-12 Authorize Memorandum Of Understanding – Reserve Equipment Central New York Interoperable Communications Consortium WHEREAS, Cortland County has agreed to work with the counties of Cayuga, Madison, Onondaga and Oswego as part of the Central New York Interoperable Communications Consortium, AND WHEREAS, an agreement is necessary to develop a reserve of communications equipment to be used to sustain critical infrastructure within the CNYICC or others in need of communications equipment, NOW THEREFORE BE IT RESOLVED, that this County Legislature hereby accepts the Reserve Equipment Memorandum of Understanding with the Central New York Interoperable Communications Consortium, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the agreement on behalf of Cortland County, upon the approval of the County Attorney. On motion of Mr. Whitney, second by Mr. Troy Agenda Item No. 10 was introduced. Mr. Whitney said the NYS Police will purchase a generator, which will become property of the County, in exchange for space on a County communications tower, and space on the South Hill Road shelter. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 238-12 Authorize Agreement – Backup Generator Purchase New York State Police WHEREAS, the County of Cortland is in the process of constructing and implementing an Interoperable Radio Communication project, AND WHEREAS, New York State Police desires to use/lease space on a proposed new tower together with space in the County’s shelter located on South Hill Road in the Town of Cortlandville, New York, AND 186 ---PAGE BREAK--- WHEREAS, in consideration for such use, the New York State Police agree to purchase, install and maintain a backup propane generator of sufficient size and capacity to support the operations of the County of Cortland and the New York State Police in accordance with a Letter Agreement dated April 22, 2012, NOW THEREFORE BE IT RESOLVED, that this Agreement will be for a five year period commencing with the initial operation of the Interoperable Radio Project and further providing that either party may terminate this Agreement after five years by providing One Hundred Eight (180) days notice of such termination to the other party, AND BE IT FURTHER RESOLVED that the Chairman of the Legislature of the County of Cortland be and hereby is authorized to sign the Agreement on behalf of Cortland County, upon approval of the County Attorney. On motion of Mr. Whitney, second by Ms. Cobb, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 239-12 Establish Committee Disaster Preparedness, Recovery Plan County Clerk/RMO WHEREAS, the Cortland County Clerk has worked with a consultant paid by a Local Government Records Management Improvement Fund grant to research and write a framework of a Disaster Preparedness, Recovery and Continuity of Operations Plan for Cortland County, AND WHERAS, the cooperation, consultation and contribution of ideas of key county departments is required to complete and develop areas of the plan that are unique to Cortland County, NOW THERFORE BE IT RESOLVED, that the Cortland County Legislature appoint a committee to complete a Disaster Preparedness, Recovery and Continuity of Operations Plan for Cortland County, AND BE IT FURTHER RESOLVED that said committee be composed of the Information Technology Director, the Personnel Officer the Maintenance Supervisor, the Safety Officer, the Fire and Emergency Management Coordinator, the Health Department Director, the Highway Supervisor, the Sheriff , the Clerk of the Legislature, and County Administrator, or their respective designees, with the County Clerk/RMO as Chair of the committee. On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 12 was introduced. Mr. Whitney said this software is necessary, with or without the new communications system, and it records all emergency communications. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 240-12 Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation 187 ---PAGE BREAK--- 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, 2012, AND WHEREAS, the cost of such maintenance agreement is $5,814.00 annually, for the period of September 1, 2012 through August 31, 2013, 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 $5,814.00 be paid from Account A30255-54050 Equipment Maintenance and Repairs. On motion of Mr. Whitney, second by Mr. Wheelock, Agenda Item No. 13 was introduced. Mr. Murphy said that in exchange for 10 portable radios and one control station, TLC would give the County, and its employees (who are enrolled in the County health plan), a reduced rate for all ambulatory services. The reduced rate will be at the Medicaid rate. Based upon a two-year average, the County would save an average of $11,000 per year. The radios will become the property of TLC. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 241-12 Authorize Contract/TLC Emergency Medical Services Information Technology WHEREAS, the County has contracted for the installation of an interoperable radio communication project throughout Cortland County, AND WHEREAS, TLC is engaged in the business of transporting patients, accident victims, etc. in Cortland County often in an emergency situation and desires to utilize the County’s interoperable radio project and equipment for more efficient service for those requiring their services in the County, NOW THEREFORE BE IT RESOLVED, That the County shall provide TLC with equipment compatible with the interoperable radio communication project, in accordance with the attached, from January 1, 2013 to December 31, 2022, AND BE IT FURTHER RESOLVED, That TLC shall charge the County for the services during the period of this agreement as follows: CONTRACT (Medicare) RATES Service County Personnel* Sheriff Coroner Coroner Transport $300.00 ALS non-emergency $253.77 $253.77 ALS emergency $401.80 $401.80 ALS 2 $581.55 $581.55 BLS non-emergency $211.47 $211.47 BLS emergency $338.35 $338.35 Paramedic Assist $370.08 $370.08 Mileage(1-17) $ 10.65 $ 10.65 Mileage (17+) $ 7.10 $ 7.10 $5.00/mile outside Cortland County *Does not include County employees injured under Worker’s Comp. 188 ---PAGE BREAK--- , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney is hereby authorized and directed to enter into an agreement with TLC Emergency Medical Services in accordance with the above, and the terms set forth in the attached agreement. AGREEMENT THIS AGREEMENT, made effective this day of July 2012, by and between COUNTY OF CORTLAND, New York, (the “COUNTY”), a municipal corporation organized and existing under the laws of the State of New York with offices at 60 Central Avenue, Cortland, New York 13045, and TLC Emergency Medical Services (TLC), a domestic corporation with a place of business at 638 Burnet Avenue, Syracuse, New York, 13204, WHEREAS, the County has contracted for the installation of an interoperable radio communication project throughout Cortland County, and WHEREAS, TLC is engaged in the business of transporting patients, accident victims, etc. in Cortland County often in an emergency situation and desires to utilize the County’s interoperable radio project and equipment for more efficient service for those requiring their services in the County, IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: 1. The County shall provide TLC with the following equipment compatible with the interoperable radio communication project during the period of this Agreement: Item Quantity Mobile Units 10 Portable Units 10 Station Unit 1 2. TLC shall charge the County for the following services during the period of this agreement as follows: CONTRACT (Medicare) RATES Service County Personnel* Sheriff Coroner Coroner Transport $300.00 ALS non-emergency $253.77 $253.77 ALS emergency $401.80 $401.80 ALS 2 $581.55 $581.55 BLS non-emergency $211.47 $211.47 BLS emergency $338.35 $338.35 Paramedic Assist $370.08 $370.08 Mileage(1-17) $ 10.65 $ 10.65 Mileage (17+) $ 7.10 $ 7.10 $5.00/mile outside Cortland County *Does not include County employees injured under Worker’s Comp. The above service rates shall be the same as the Medicare reimbursement rate with the exception of Coroner transport and shall be adjusted accordingly. 3. TLC shall be solely responsible for the care and maintenance of the above equipment during the period of this agreement except for any warranty period. The County shall not be responsible for the replacement of any of the above equipment. Provided TLC is not in default in terms and conditions of this 189 ---PAGE BREAK--- Agreement, the County agrees to convey the equipment listed in Paragraph No. 1 herein upon termination of this Agreement. 4. The above equipment shall be used exclusively by TLC, its employees, its agents and associates only and shall be returned to the County at the termination of the Agreement, or any extension thereof. 5. The transfer or use of the above equipment by any other entity other than TLC shall be prohibited. 6. TLC shall indemnify, defend and hold the COUNTY, its Departments, and its officers, employees, contractors, representatives and agents harmless from and against any and all claims, fines, demands, losses, damages and expenses, including attorney’s fees, relating to or arising out of any negligent or intentional acts and/or omissions of the TLC or any of its directors, officers, employees, contractors, representatives, or agents. 7. TLC, including all its officers, employees and agents agrees that their relationship with the COUNTY and any of its Departments or units, is that of an independent contractor, and said TLC covenants and agrees that they will not conduct themselves as, nor hold themselves out as, nor claim to be an officer or employee of the COUNTY by reason hereof and that they will not claim, demand or make an application to or for any right or privilege applicable to an officer or employee of the COUNTY, including, but not limited to, Worker’s Compensation coverage, Unemployment Insurance benefits, Social Security coverage, medical and/or dental benefits, or retirement membership or credit. 8. Neither party may assign or sub-contract this contract or any portion thereof, without prior written consent of the other party hereto. 9. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended to make such insertion. 10. The exclusive means of disposing of any dispute arising under this Agreement shall be decided in a New York State Court of competent jurisdiction located within Cortland County, New York. There shall be no right to binding arbitration. The parties agree to meet and negotiate any disputed interpretation of this Agreement prior to any legal action. 11. The remedies specified herein shall be cumulative and in addition to any other remedies available of law or in equity. Waiver of a breach of any provision of this Agreement shall not constitute a waiver of any other or future breach of the same provision or any other provision of the Agreement. 12. All notices of any nature referred to in this agreement shall be in writing and sent by registered or certified mail, postage pre-paid, to the respective addresses set forth below or to such other addresses as the respective parties may designate in writing. To the CONTRACTOR: TLC Emergency Medical Services 638 Burnet Avenue Syracuse, New York 13204 To the COUNTY: Chairman of the Legislature County of Cortland 60 Central Avenue Cortland, New York 13045 13. In the event any provision hereof shall be held for any reason to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this agreement, which shall continue in full and effect. 14. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 190 ---PAGE BREAK--- 15. The COUNTY shall have no liability under this Agreement to the TLC or to anyone else beyond funds appropriated and available for this Agreement. 16. TLC agrees to retain all books, records and/or other documents relevant to this Agreement for six years after the expiration or termination of this agreement or six years after final payment, whichever is later, unless otherwise agreed to by the parties in writing. New York State auditors and/or any other persons duly authorized by the COUNTY shall have full access to and the right to examine any of the above- mentioned documents during the above-stated time period. 17. This Agreement is governed by the laws of the State of New York. 18. This Agreement shall be effective from January 1, 2013 to December 31, 2022. On motion of Mr. Willcox, second by Mr. Bushnell, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 242-12 Accept Proposal/Authorize Agreement/Amend 2012 Budget Seven Valley Seal Coating Buildings And Grounds WHEREAS, the Cortland County Buildings and Grounds Committee is desirous of pot hole repair, hot crack sealing, asphalt seal coating and striping of its parking lots located at the County Office Building, Court House and 37 Church St., AND WHEREAS, the Buildings and Grounds Committee has solicited proposals from five local seal coating vendors, AND WHEREAS, Seven Valley Seal Coating, 12239 Water Street, Locke, N.Y. 13092 has met the provisions of the Request for Proposal and has also provided the required insurance documentation, AND WHEREAS, Account # A16205.54076 will be utilized to fund this expense and was unfunded in the 2102 Budget for this expense, AND WHEREAS, the funds ($16,000.00) for this expenditure will need to be transferred from A16205.52000.1622 – Cap. Equipment to A16205.54076 – B&G Expense to facilitate payment, NOW THEREFORE BE IT, RESOLVED, that the Cortland Legislature accepts Seven Valley Seal Coating’s proposal and authorizes the Chairman of said Legislature to enter in an agreement with Seven Valley Seal Coating for the proposed cost of $16,000.00, upon approval of the County Attorney, AND BE IT, FURTHER, RESOLVED, that the County Treasurer is hereby directed to transfer the funds ($16,000.00) from A16205.52000.1622 – Cap. Equipment to A16205.54076 B&G Expense. On motion of Mr. Willcox, second by Mr. Bushnell, Agenda Item No. 15 was introduced. Mr. Murphy said this is an agreement for a work order software program that will allow for better tracking and reporting. It is a free one-year trial, with no commitment to renew. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 243-12 191 ---PAGE BREAK--- Accept Proposal/Authorize Agreement Buildings And Grounds Facility Dude WHEREAS, the Cortland County Buildings and Grounds Committee has received and reviewed a proposal from Facility Dude, 11000 Regency Parkway #200, Cary, North Carolina, 27518 to supply a Work Order system ( Maintenance Edge) that is cloud based, AND WHEREAS, by participating with Johnson Control and Facility Dude the initial first year expense is waived and subsequent year’s renewal fees are reduced to $2,394.00 per year, AND WHEREAS, there are no commitments to renew, NOW THEREFORE BE IT RESOLVED, that the Cortland Legislature accepts Facility Dude’s proposal and authorizes the Chairman of said Legislature to enter in an agreement with Facility Dude at a cost of $0.00 for the first year and $2,394.00 for subsequent years, if the County chooses to renew, upon approval of the County Attorney. On motion of Mr. Pace, second by Ms. Price, Agenda Item No. 17 was introduced. Mr. Purser said the water park assessment will stay the same, and the change in assessment relates to the condominiums. The reason for this is that a condominium assessment is based on its income, rather than its market value. With a reduced usage, a reduced value is warranted. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 244-12 Authorize Settlement Of A Tax Proceeding Commenced By Hope Lake Condominium And Hope Lake Investors, LLC Against David Briggs, As Assessor Of The Town Of Virgil For The Tax Year 2011 WHEREAS, two lawsuits have been brought to contest the real property tax assessments on certain property located within the Town of Virgil, 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, AMD WHEREAS, Resolution 275-11 pledged financial support to litigate certain Tax Certiorari proceedings, AND WHEREAS, pursuant to Resolution No. 362-11 the County entered into an Inter-municipal Agreement with the Town of Virgil and Cortland Enlarged City School District to share the cost and expenses of defending the above lawsuits, AND WHEREAS, the parties have reached an agreement and stipulation resolving all issues relating to said lawsuits, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature authorizes the settlement of the tax assessment for the year 2011 in accordance with the attached Stipulation and Agreement. 192 ---PAGE BREAK--- The Clerk said there is one additional resolution that was not on the agenda and it is being sponsored by Chairman Park, as it is time sensitive, and 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. Second by Mr. Troy. All members voting in favor, except Mr. Wheelock, who was opposed.. The motion was approved. On motion of Mr. Park, second by Mr. Troy, the resolution (Agenda Item No. 18) was introduced. Mr. Troy said at the last Solid Waste Committee meeting several changes were recommended to the current solid waste law – to allow BUD material at the landfill and to allow for out-of-county recyclables. He said this will require a new SEQR to be done on the law, and in an effort to expedite the process this resolution hires Barton & Loguidice to update the SEQR that was done for the proposed local law last year. All members voting in favor, none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PARK RESOLUTION NO. 245-12 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 WHEREAS, Res. 231-11 Amended Res. 14-11 to include additional work, outside the original Term Agreement, AND 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 $1,000, to be paid out of Account EL 81605 54055. AND BE IT FURTHER RESOLVED that Resolution 14-11 is hereby amended as such. Adjournment Mr. Park adjourned the meeting at about 7:04 p.m. 193 ---PAGE BREAK--- Cortland County Legislature August 23, 2012 6:00 P.M. Minutes Public Hearing At 6:00 p.m. Chairman Park opened the public hearing for proposed Local Law No. 5 of 2012 - A Local Law To Establish A Program For The Collection, Transportation And Disposal Of Solid Waste And Recyclables At The Cortland County Landfill. The Clerk read the legal notice advertising the hearing. As there was no one who wished to speak, Mr. Park closed the meeting. Order of Business Following the public hearing, Chairman Park opened the regular meeting at 6:02 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Ross, and Ms. Price and Mr. Spaulding, who were excused. Approval of Minutes Mr. Parker made a motion to approve the minutes of the July 26, 2012 Regular Meeting. Seconded by Mr. Bushnell. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Mr. Michael of Cortland spoke regarding Agenda Item No. 8. He urged the legislature to create a position for the oversight of the Solid Waste program. He warned the legislature about “car fluff” as BUD material, and asked that the legislature take extra care in the evaluation and handling of BUD material if it is accepted. Presentation of Petitions, Communications and Notices Mr. Fuller introduced Ed Kossman, the new director of Cornell Cooperative Extension of Cortland County. The legislature welcomed Mr. Kossman and wished him luck. Ms. Kristen Monroe, DSS Commissioner, gave an overview of the Foster Care Program. She emphasized the important decisions made every day for the benefit of children in Cortland County. Current average is 130 children per month, which is 12% higher than 2011, but is 17% lower than 2010, which saw a significant spike in foster care cases. In the past five years, allegations of Child Protective reports are unprecedented, going up 99% over those years. Cortland County has consistently been in the top 10 highest number of foster care cases in the state over the last 25 years. She said that more than 60% of the cases are reported by mandated reporters. Mr. Patrick Snyder gave an update on the SEQR proceedings regarding the proposed Crown City Windfarm project. He said as a positive declaration was made by the County, a Draft Environmental Impact Statement is required. An options scoping meeting was held July 23, and approximately 45 different comments were submitted. The scoping period was closed Aug. 2, and a few late comments were also accepted. He said he expects that the final scoping document will be provided by the County’s engineer, Labella & Associates, by Aug. 30. Mr. Snyder and Labella have been reviewing sections of the DEIS in advance. The next decision for the legislature will be whether or not to accept the DEIS, and if accepted, setting a date for the public hearing. Following a public hearing, comments will be included and addressed, and a Final Environmental Impact Statement will be provided. The legislature will have an option to accept this as a final document, and subsequently whether or not to approve the project. He said the project sponsor, TCI Renewables, is hoping that Legislature will accept the DEIS by the end of September in order to take advantage of potential tax credit subsidies. Failure to reach this timetable could result in the project being delayed cancelled. 194 ---PAGE BREAK--- New Business The Clerk asked if there were any objections to considering an item not included on the agenda first. Mr. Cornell made a motion to suspend the Rules of Order. Seconded by Mr. Troy. All members voting in favor; none opposed. On motion of Mr. Park, Seconded by Mr. Bushnell, the item was introduced. Mr. Pace explained that the County owed HCR for services rendered during the transfer of the County Certified Home Health Agency. He said the County was able to negotiate a lower payment from about $87,000 down to $44,000. Ms. Feuerherm said that this will complete the payment due as part of the management staffing agreement, but the County still owes a payment of about $36,000 that was received as revenue, for services HCR provided. All members voting in favor; none opposed. The item became: ON MOTION OF MR. PARK RESOLUTION NO. 246-12 Authorize Payment/Amend Budget HCR Home Care Health Department/CHHA WHEREAS, Resolution No. 313-10 authorized and directed to accept the monetary offer of $1.2 million for the transfer of Cortland County’s Certificate of Need to HCR, 85 Metro Park, Rochester, NY 14623 and further to negotiate a management agreement, AND WHEREAS, in accordance with the management agreement and new NYS regulations, a negotiated settlement has been reached, NOW THEREFORE BE IT RESOLVED, that the County of Cortland shall make payment to HCR for a total of $44,000, paid out of account A40115 54500 5049, and that said payment shall be made no later than Aug. 31, 2012, AND BE IT FURTHER RESOLVED, that the 2012 budget be amended as follows: Decrease: Revenue: A401147 42770 4039 $44,000.00 Increase: Expense: A40115 54500 5049 Patient Expense $44,000.00 On motion of Mr. Park, Second by Mr. Troy, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 247-12 Appoint Representative to the Syracuse Regional Airport Authority WHEREAS, the Syracuse Regional Airport Authority (SRAA) has requested that a representative from Cortland County be appointed to the SRAA’s Regional Advisory Board, NOW THEREFORE BE IT 195 ---PAGE BREAK--- RESOLVED, that the Cortland County Highway Superintendent or his designee be and hereby is appointed to the Syracuse Regional Airport Authority’s Regional Advisory Board for a two year term. On motion of Mr. Cornell, second by Mr. Bushnell, Agenda Item No. 2 was introduced. Mr. Pace said that this health department grant will allow for about 1,268 people to be immunized, focusing primarily on uninsured and underinsured residents. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MS. PRICE RESOLUTION NO. 248-12 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization Action Plan Grant) WHEREAS, the NYS Department of Health has awarded the Cortland County Health Dept. $30,000 for the period 4/1/12 through 3/31/13 to continue the Immunization Action Plan Grant (IAP) to improve immunization levels of people in Cortland County, AND WHEREAS, these funds are in the 2012 County Budget in accounts A40115.51005-51010 $21,132 (Personnel), A0115.58020-58060 $6,270 (Fringe), A40115.54000-54078.4032 $2,598 (Contractual), and A401143.53450.4032 $30,000 (IAP 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 Department of Health to accept these funds. On motion of Mr. Cornell, second by Mr. Troy, Agenda Item No. 3 was introduced. County Administrator Mr. Murphy said that the two positions are being switched to more accurately reflect the job duties being performed. One of the salaries will be going up, and another will be going down. All costs will be covered within the existing budget. All members voting in favor, except for Ms. Briggs, who was opposed. Agenda Item No. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 249-12 Mental Health Abolish/Create Fiscal Officer, Compliance Officer/Administrative Services Manager, Office Manager 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 WHEREAS, the Health Committee recommends changing the titles of two positions to better reflect the job descriptions of the two positions, NOW THEREFORE, BE IT RESOLVED, that one full-time position of Fiscal Officer (Grade 15, $17.8113-21.6702/HR, CSEA contract, competitive class) be and hereby is abolished effective August 24, 2012, AND BE IT FURTHER 196 ---PAGE BREAK--- RESOLVED, that one full-time position of Administrative Services Manager (Grade 10, $39,019- 47,472/YR, Employee contract/Management Compensation Plan, competitive class) be created effective August 24, 2012, AND BE IT FURTHER RESOLVED, that one full-time position of Compliance Officer (Grade 17, $$19.0761-24.9090/HR, CSEA contract, competitive class) be and hereby is abolished effective August 24, 2012, AND BE IT FURTHER RESOLVED, that one full-time position of Office Manager (Grade4, $17.6728-21.5017/HR, Management compensation Plan/Management Confidential, competitive class) be and hereby is created effective August 24, 2012. On motion of Mr. Cornell; second by Mr. Troy, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 250-12 Authorize Agreements Mental Health Department Empire Interpreting Services WHEREAS, Empire Interpreting Services is operating under the agreement with the Cortland County Health Department to furnish translation services to the patients of the Cortland County Health Department, AND WHEREAS, The Cortland County Mental Health Clinic must furnish translation services to patients under the Medicaid part 599 regulations, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to appropriation of funding by the Legislature, is hereby authorized to execute agreements for 2012 between Empire Interpreting Services and the Cortland County Mental Health Department, AND RESOLVED, that funding for the agreement between Empire Interpreting Services and the Cortland County Mental Health Department is not to exceed $3,000 and shall be paid out of Professional Services A4310 54055. On motion of Mr. Cornell, second by Mr. Wheelock, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 251-12 Authorize Agreement Department of Social Services (Cortland County Employment and Training Department) WHEREAS, Cortland County Department of Social Services is desirous of contracting with the County of Cortland on behalf of the Cortland County Employment and Training Department as a Sub-Lessee for space at the Cortland Works Career Center to the extent the Department provides services at that site, AND 197 ---PAGE BREAK--- WHEREAS, the actual costs of this Agreement will fluctuate based on the number of Full Time Equivalent (FTE) of staff co-located at the Cortland Works Career Center and due to an increase of 3% each year in the lease agreement, AND WHEREAS, the funding needed for this Agreement is subject to adequate appropriations in the Cortland County budget each year between 2012 and 2017, 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 1, 2012 through November 30, 2017 with the County of Cortland. On motion of Mr. Fuller, second by Mr. Troy, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 252-12 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, year-end 2011, with a cost not to exceed $8,000.00 to be paid from the Highway Professional Services Account No. D50205.54055. On motion of Mr. Troy, second by Mr. Cornell, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. TROY RESOLUTION NO. 253-12 SEQR Determination Proposed Local Solid Waste Law (Local Law No. 5 of 2012) Highway Department WHEREAS, the County desires to adopt a local law regarding its solid waste program that amends and restates Local Law No. 3 of 1981, No. 5 of 1992 and No. 3 of 2002, AND WHEREAS, the proposed local law will enable the County Landfill to be more fully utilized by authorizing the landfill to accept Beneficial Use Determination (BUD) materials generated both within and outside of Cortland County and by allowing for the use of Beneficial Use Determination (BUD) materials as cover material at the landfill and the proposed local law amendment will not increase the maximum annual permitted tonnage limit at the County Landfill, AND 198 ---PAGE BREAK--- WHEREAS, the proposed local law will enable the County Recycling Center to be more fully utilized by authorizing the Recycling Center to accept recyclable materials generated both within and outside of the County of Cortland, AND WHEREAS, the adoption of this local law requires a SEQR determination, AND WHEREAS, Cortland County is the Project Sponsor, and the Cortland County Solid Waste Committee has completed the SEQR Short Environmental Assessment Form Part 1 (Short EAF Part 1, SEQR), after gathering and documenting information relating thereto, AND WHEREAS, the County is legally empowered to declare itself to act as Lead Agency under SEQR, AND WHEREAS, the County Solid Waste Department has completed the Short Environmental Assessment Form Parts 1, 2 and Part 3 under SEQR and has made a finding of no significant environmental impacts associated with the adoption of this local law, for the reasons noted on the Short EAF, and that the proposed adoption of this local law can be classified as an Unlisted Action under SEQRA, NOW THEREFORE BE IT RESOLVED, the County hereby declares itself Lead Agency and is responsible for determination of Significance under SEQR and the County finds that the proposed local law will not result in any large and important impacts and, therefore, will not have a significant impact on the environment, therefore a negative declaration will be prepared by the Cortland County Solid Waste Committee, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, as responsible officer, is authorized and directed to sign the Short Environmental Assessment Form indicating a “negative declaration” for this project. On motion of Mr. Troy, second by Mr. Cornell, Agenda Item No. 8 was introduced. Mr. Troy said that this was one of the recommendations by the EnSol report. He assured that the BUD material that the County will accept will have both DEC approval and further review by the County on a case-by-case basis. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. TROY RESOLUTION NO. 254-12 ADOPT PROPOSED LOCAL LAW NO. 5 FOR THE YEAR 2012 WHEREAS, The Cortland County Legislature wishes to correct/consolidate previously adopted local laws relating to the County’s Solid Waste Plan, AND WHEREAS, the Cortland County Solid Waste Committee has reviewed and recommended the adoption of the attached Local Law, AND WHEREAS, the law sat the required seven days on legislators desks, a public hearing was held August 23, 2012, and proper notice of said public hearing was provided, NOW THEREFORE BE IT RESOLVED, that, upon approval of the County Attorney, the attached local law, titled Local Law No. 5 of 2012 - “A Local Law To Establish A Program For The Collection, Transportation And Disposal Of Solid Waste And Recyclables At The Cortland County Landfill,” is hereby adopted by the Cortland County Legislature. 199 ---PAGE BREAK--- Proposed Local Law No. 5 of 2012 - “A Local Law To Establish A Program For The Collection, Transportation And Disposal Of Solid Waste And Recyclables At The Cortland County Landfill.” Be it enacted by the County Legislature of the County of Cortland as follows: SECTION I. LEGISLATIVE INTENT The County Legislature hereby finds that a safe, sanitary, efficient, economical and environmentally sound manner of conducting solid waste management is declared to be of importance to the health, safety, and welfare of the inhabitants of the County of Cortland. Control of the collection, transportation, and disposal of solid waste and recyclables in the county is essential to the economy and general welfare of the citizens of Cortland County. This local law is intended to supersede all prior local laws and enactments relative to solid waste and recyclable programs in Cortland County; including, but not limited to, Local Laws Number 3 of 1981, Number 5 of 1992 and Number 3 of 2002. SECTION II. DEFINITIONS a. The term “Beneficial Use Determination” shall mean a designation made by the NYS Department of Environmental Conservation as to whether the 6 Part 360 Solid Waste Management Facilities regulations have jurisdiction over waste material which is to be beneficially used. Once the Department of Environmental Conservation grants a Beneficial Use Determination (or “BUD”), the waste material ceases to be considered solid waste for the purposes of Part 360 when used as described. There are 16 pre-determined BUDs listed in 6 Part 360-1.15(b). In situations where a particular reuse is not specifically identified in Part 360-1.15(b), generators and potential users can petition the Department of Environmental Conservation for a case-specific BUD in accordance with the 6 Part 360-1.15(d). b. The term “Board of Hearing” shall mean the board described in Section V(1) of this local law. c. The term “Cortland County Legislature” shall mean the duly elected County Legislature of Cortland County. d. The term “Commercial Waste” shall mean solid waste generated by stores, offices, institutions, restaurants, warehouses, non-manufacturing activities in industrial facilities and agricultural enterprises. e. The term “Commercial Waste Permit” shall mean the permit issued pursuant to Section IV of this local law. f. The term “Construction and Demolition Debris” shall mean solid waste resulting from construction, remodeling, repair and demolition of structures, roads, buildings, and land clearing. Such wastes include, but are not limited to, bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree and bush stumps. g. The term “Contractor” shall mean any individual, association, partnership, firm, corporation, not-for- profit organization, municipality, educational institution or any other person so deemed by the department, 200 ---PAGE BREAK--- engaged in the commercial collection, pickup, transfer, removal and/or disposal of Commercial Waste, Construction and Demolition Debris and/or Industrial Waste excluding Refuse. h. The term “County” shall mean Cortland County, a municipal corporation of the State of New York, with offices at 60 Central Avenue, Cortland, New York 13045. i. The term “County Landfill” shall mean the landfill owned and operated by the County of Cortland and located on Town Line Road in the Towns of Cortlandville and Solon, New York, or any other landfill owned and/or operated, or caused to be operated by, the County of Cortland. j. The term “Department” shall mean Cortland County Solid Waste/Recycling as a part of the Cortland County Highway Department, or its successor. k. The term “Electronic Equipment Recycling” shall have the meaning specified in the NYS Environmental Conservation Law, Article 27, Title 26, also known as the “NYS Electronic Equipment Recycling and Reuse Act”. l. The term “Facility” shall mean any Solid Waste management facility owned or operated, or caused to be operated by the County, or any such other facility or facilities in or out of County that accepts or disposes of Solid Waste and/or Recyclables generated, originated or brought into the County, including, but not limited to landfills, transfer stations, materials, recovery facilities, drop-off centers, and resource recovery facilities. m. The term “Hazardous Waste” shall mean those materials, substances, or wastes including, but not limited to, pesticides and containers used for pesticides, other waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the New York State Commissioner of the Department of Environmental Conservation, (6 Parts 370, 373, 376), and any other material determined, now or in the future, to be hazardous by state or federal rule, regulation and/or statute. n. The term “Farm” shall have the meaning specified in 6 §360-1.2, as the same may be amended, suspended or replaced. o. The term “Industrial Waste” shall mean Solid Waste generated by manufacturing or industrial processes. Such waste may include, but is not limited to the following manufacturing processes: electric power generation, fertilizer/agricultural chemicals, inorganic chemicals, iron and steel manufacturing, leather and leather products, non-ferrous metals manufacturing/foundries, organic chemicals, plastics and resins manufacturing, pulp and paper industry, rubber and miscellaneous plastic products, stone, glass, clay and concrete products, textile manufacturing, transportation equipment, and water treatment. This term does not include oil or gas drilling, production and treatment wastes (such as brines, oil, and fluids) or overburden, spoil or tailings resulting from mining, or solution mining brine and insoluble component wastes. p. The term “Infectious Waste” shall have the meaning specified in 6 360-1.2 as the same may be amended, superseded or replaced. q. The term “M.R.F. Recycling Facility” shall mean the materials recovery facility located at 137 South Pendleton Street, Cortland, New York. r. The term “Open Dump” shall mean a Solid Waste disposal area which does not comply with the required public health and environmental control practices. s. The term “Person” or “Persons” shall mean any individuals, company, partnership, association, firm, corporation, municipality or any other entity. 201 ---PAGE BREAK--- t. The term “Private Business/Farm Permit” shall mean the permit issued pursuant to Section IV(2) of this local law. u. The term “Processor” shall mean a primary user of the particular material such as Recyclables, including, but not limited to, glass factories, detinner, plastic recovery facility, paper mill or a consolidator of the material. v. The term “Prohibited Materials” shall mean the following materials, as may be modified from time to time by the Department, and these materials shall not be accepted at the County Landfill or any other Facility in the County: i. Well drilling debris tailings from the drilling of wells or hydraulic fracturing) ii. Septic tank pumpings iii. Liquid wastes iv. Pesticides and chemicals v. Junked vehicles, car parts, motor parts vi. Explosives vii. Compressed gas tanks viii. Fluorescent bulbs (including compact fluorescent bulbs) ix. Hot ashes, other burning or hot loads x. Sealed containers xi. Hazardous waste xii. Large dead animals xiii. Motor oil xiv. Friable asbestos xv. Sludge (without a permit) xvi. Batteries w. The term “Recyclables” shall mean such material designated from time to time by the Department which under any applicable law or regulation is not Hazardous Waste and which can be reasonably separated from the Solid Waste stream and held for its material recycling or reuse value. The following materials as my be modified from time to time by the Department, shall be considered Recyclables: i. glass ii. newspapers iii. corrugated cardboard iv. metal containers v. plastic containers (marked with recycling triangle, numbers 1 through 7) vi. residential metal appliances (with statement of purging CFC or Freon) vii. tires (for an additional fee) x. The term “Refuse” shall mean putrescible and incidental non-putrescible Solid Waste including, but not limited to, animal, vegetable and paper waste. Refuse originates primarily in homes, business and restaurants, and has characteristics similar to that Solid Waste collected and disposed of as part of normal residential and commercial collections. y. The term “Resident” shall mean any individual who is a legal resident of the County or any individual who is a temporary resident of the County. 202 ---PAGE BREAK--- z. The term “Residential Waste Permit” shall mean the permit issued for the disposal of Solid Waste generated from houses, apartments and other residential dwellings. z. The term “Solid Waste” shall mean all materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies characteristics of hazardous waste promulgated by the New York State Commissioner of the Department of Environmental Conservation. (See also NYS County Law §226-b) aa. The term “Source Separation” shall mean the dividing of solid waste into some or all of its component parts at the point of generation, including the separation of recyclables from each other, or the separation of recyclables from other solid waste. (6 §360-1.2 (160)). The residue remaining after recyclables are removed from the waste stream is not considered source separated material. bb. The term “Waste Collector” shall mean any individual, association, partnership, firm, corporation, not-for-profit organization, municipality, educational institution, or any other person so deemed by the Department, engaged in the commercial collection, pick-up, transfer, removal and/or disposal of Solid Waste and/or Recyclables generated, originated or brought within the boundaries of the County. SECTION III. ADMINISTRATION a. The Department, or its successor, shall be primarily responsible for all ministerial and administrative duties described or reasonably required by the terms of this local law. b. The Cortland County Legislature, pursuant to New York State County Law §226-b, may, by resolution, establish schedules of rates or fees to be charged for any solid waste collection or management facilities or services provided, including, but not limited to, the establishment of solid waste permit, tipping and user fees. Such fees shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. c. The Department, or its successor, shall administer the program of registering and permitting all waste collectors, contractors and other persons collecting, transporting or disposing of Solid Waste and Recyclables in the County. This includes the issuance, renewal, and revocation of all permits described in this local law. d. The Department, or its successor, may promulgate rules in connection with the operation of the County Landfill or any other Facility. e. The Department, or its successor, shall issue warning notices, and may initiate proceedings pursuant to Section V of this local law subject to the approval of the Cortland County Legislature or its designee. f. The Department, or its successor, may encourage and conduct studies, investigations and research relating to various aspects of Solid Waste Management as it deems necessary or as requested by the Cortland County Legislature. SECTION IV. 203 ---PAGE BREAK--- STANDARDS AND REGULATIONS 1. Commercial Waste Permit Requirements a. No waste collector or contractor shall collect, transport or dispose of Solid Waste at the Cortland County Landfill without obtaining a Commercial Waste Permit issued by the County. b. All applications for Commercial Waste Permits shall be in writing and shall contain such information as requested by the Department, but at a minimum, as set forth in this local law. All Commercial Waste Permit information shall be verified by the applicant as required by this local law and the Department. The applicant shall file with any application proof of insurance and shall pay the required permit fee as set forth in this local law. c. All Commercial Waste Permit holders must provide curbside recycling pick-up to their residential and commercial customers, either directly or by subcontracting a duly licensed contractor to provide this service to their commercial and residential customers. d. Each Commercial Waste Permit applicant shall be required to pay a Commercial Waste Permit fee per vehicle. The fees, rates, or charges for Commercial Waste Permit holders shall be established by resolution of the Cortland County Legislature and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. e. Proof of insurance shall be filed with the application executed by the representatives of an insurance company, duly authorized and qualified by the Department, evidencing that said insurance company has issued motor vehicle liability and property damage insurance policies covering the following: i.All operations of the applicant or any other person, firm or corporation employed by him in transporting Solid Waste and/or Recyclables. ii.The disposal of such Solid Waste and/or Recyclables to and within the designated and approved County Landfill and/or Facility. iii.Protecting the public and any person from injuries or damages sustained by reason of transporting Solid Waste and/or Recyclables. iv.The certificate or affidavit to be filed with the application shall be executed by the representatives of a duly qualified insurance company evidencing that said insurance company shall provide to the County of Cortland at least 30 days notice of any cancellation or reduction of coverage, and further evidencing that said insurance company has issued commercial vehicle insurance policies. f. Upon receipt of the application and the proper proof of insurance and the payment of the Commercial Waste Permit fee, the Department shall thereupon issue the applicant a Commercial Waste Permit. A Commercial Waste Permit shall expire on the next December 31st following the date of issue. Upon issuance of the Commercial Waste Permit, the Department shall affix the Commercial Waste Permit identification sticker issued to each and every vehicle operated by the permitted commercial hauler. 204 ---PAGE BREAK--- g. Renewal of Commercial Waste permits shall be in the same manner and subject to the same conditions as original Commercial Waste Permits, and also shall be subject to any additional requirement in effect at the time of application for renewal as specified by the Department or the Cortland County Legislature. h. Whenever proof, by means of an affidavit, is submitted to the Department that a Commercial Waste Permit issued for the purpose set forth in this local law has been lost or destroyed, the Department shall, upon payment of $5.00 by the applicant, issue a new Commercial Waste Permit in lieu of the one which was lost or destroyed. i. No Commercial Waste Permit issued pursuant to the provision of this local law shall be transferable. j. All collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be in strict conformance with the rules and regulations prescribed in this local law and as such rules and regulations may hereafter be amended or supplemented by the Department. k. All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. Operation of vehicles shall be done in such a manner as to prevent spilling or loss of contents. l. Any Commercial Waste Permit issued pursuant to this local law shall be in the nature of a privilege subject to the terms and conditions set forth in this local law and as amended or supplemented by the Department, and shall not be deemed to create a property interest with respect to the Commercial Waste Permit in the holder. m. All such Commercial Waste Permit requirements specified herein, including, but not limited to, Commercial Waste Permit fees and insurance coverage amounts, may be amended or adjusted from time to time by resolution of the Legislature of Cortland County. 2. Residential Waste Permit and Private Business / Farm Permit Requirements a. Residential Waste Permits shall be available and are required for passenger cars, vans, station wagons and pick-up trucks (up to one ton capacity). All other vehicles must be registered under the provisions applicable to a Commercial Waste Permit or Private Business/Farm Permit. The Department, in its sole discretion, may require any vehicle, regardless of type or size, transporting Solid Waste and/or Recyclables for compensation paid to the owner or operator, to comply with the provisions applicable to a Commercial Waste Permit or Private Business/Farm Permit. b. Persons and contractors not holding Commercial Waste Permits may obtain a Private Business/Farm Permit for the collection, transportation and/or disposal of Solid Waste other than Refuse at the County Landfill. A Private Business/Farm Permit must be obtained from the Department. The fees, rates or charges for Private Business/Farm Permit holders shall be established by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. Holders of a Private Business / Farm Permit shall be required to make immediate cash payment of the required fee for the first 90 days, and once a month thereafter. c. The Department may, at its sole discretion, require certain Private Business/Farm Permit holders to provide proof of insurance in a form and amount satisfactory to the Department before such Private Business/Farm Permit holder may dispose of Solid Waste and/or Recyclables at the County Landfill or any other Facility. 205 ---PAGE BREAK--- d. Residential Waste Permit holders and Private Business/Farm Permit holders shall strictly comply with all rules and regulations prescribed by the Department. e. All Residential Waste Permit and Private Business/Farm Permit requirements specified herein, including, but not limited to, Residential Waste Permit fees and Private Business/Farm Permit fees, may be amended or adjusted from time to time by resolution of the Cortland County Legislature. 3. Disposal of Solid Waste a. No waste collector, contractor, or other person shall dispose of Solid Waste at the County Landfill or any Facility for the disposal of Solid Waste, without a Commercial Waste Permit, Residential Waste Permit, or Private Business/Farm Permit. b. Only Solid Waste generated within the County will be accepted at the County Landfill or at any other Approved Landfill Facility located in the County. Combined loads containing Solid Waste from within the County as well as from a contiguous County will not be accepted for disposal at the County Landfill . c. Recyclable material generated within the County and from out of the County will be accepted at the Recycle Facility located in the County. d. The County Landfill will accept BUD material from outside the county as defined and allowed under the rules and regulations of the NYS Department of Environmental Conservation and the Cortland County Legislature. e. The County Landfill is authorized to accept construction and demolition debris subject to prior approval. f. Anyone entering the County Landfill or any other Facility to dispose of Solid Waste must adhere to the rules and regulations as posted, and must follow the instructions of the attendant on duty. g. Nothing within this local law shall be construed at any time to restrict the ability of the Department to refuse to accept Hazardous Waste or other Prohibited Materials at the County Landfill or any other Facility. h. No Waste Collector, Contractor, or other Person shall dispose of Solid Waste at the County Landfill or at any other Facility unless such Person or entity shall pay the tipping fee. i. Tipping fees for Commercial Waste Permit holders, Private Business/Farm Permit holders, and Residential Waste Permit holders shall be established by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. A minimum fee per transaction shall be established by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. j. Commercial Waste Permit holders and Private Business/Farm Permit holders will be billed by the County. Such bills must be paid within 30 days of the mailing of the fee statement. Such bills unpaid within 30 days of mailing will be charged an additional 2% per month finance charge. Failure to make payments when due shall result in suspension or revocation of the Commercial Waste Permit or Private Business / Farm Permit. 206 ---PAGE BREAK--- k. All Solid Waste Permit disposal requirements specified in this subsection including, but not limited to, tipping fees, permit costs, etc., may be amended or adjusted from time to time by resolution of the Cortland County Legislature. l. There shall be no Open Dumps in the County. This shall not be construed as to prohibit disposal areas located within the property boundaries of a farm for Solid Waste generated from that farm as otherwise permitted by law except in cases creating a public health nuisance. 4. Disposal of Recyclables a. All persons generating Solid Waste, and/or Waste Collectors and Contractors operating in the County, must separate from the Solid Waste stream those Recyclables designated by the Department. The Recyclables stream, as may be further modified from time to time by the Department, must be separated into two categories: newspaper, magazines and corrugated cardboard; and plastic, glass, aluminum and metal. This number of Recyclables categories for separation will be set by resolution of the Cortland County Legislature, subject to DEC approval, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. b. Any individual, firm or corporation depositing contaminated and/or non-recyclable material as recyclable will be charged accordingly and any license or permit is subject to suspension or cancellation. c. Electronic Equipment Recycling shall comply with the requirements of Environmental Conservation Law Article 27, Title 26. Manufacturers of covered electronic equipment (CCE) are required to provide the county with at least one convenient method of recycling. Municipalities are not required to provide electronic waste collection and recycling programs. If the County of Cortland chooses to do so, with the permission of the Cortland County Legislature by resolution, the county may voluntarily enter into agreements with manufacturers or collective electronic waste acceptance programs to provide collection services to assist manufacturers in meeting their obligations under the Electronic Equipment Recycling and Reuse Act; and/or collect electronic equipment that is not included in the Act as covered electronic equipment. d. Recyclables and Solid Waste must be separately packaged or contained in proper containers as specified in this local law or as designated by the Department. If plastic bags are utilized for this purpose, the bags shall be transparent to facilitate viewing of their contents. e. Commercial Waste generators may elect to contract with a Processor of Recyclable material and have such material delivered directly to the Processor from the place of generation or place of business. All Recyclables sold in this manner must be reported to the Department for inclusion in data required by the New York State Department of Environmental Conservation. f. The Department may maintain Recyclable drop-off stations under agreement with the various municipalities for use by existing Recyclable drop-off stations located in the Towns. The Department reserves the right to increase, decrease, or eliminate the number, or relocate such Recyclable drop-off stations. g. Tipping fees or disposal charges may be imposed by resolution of the Cortland County Legislature at any Facility located in the County for the disposal of Recyclables. 207 ---PAGE BREAK--- h. All Recyclable disposal requirements specified in this subsection may be adjusted from time to time by resolution of the Cortland County Legislature. SECTION V. ENFORCEMENT 1. Civil Sanctions (except for non-payment of tipping fees covered in Section V) a. The Department shall have the right to impose a civil penalty and/or suspend or revoke any Commercial Waste Permit, Residential Waste Permit, or Private Business/Farm Permit if the holder of such permit violates any of the provisions of this local law. Revocation, suspension or civil penalty may only follow a written notice of violation and, if demanded, a hearing as provided for in this local law. b. Upon any violation of the provisions of this local law, the Department shall serve notice of violation in person or by ordinary and certified mail sent to the holder of any permit issued pursuant to this local law at the address set forth in the permit application on file with the Department. Such notice shall state the Department’s intent to revoke or suspend, and/or impose a civil penalty upon the permit holder. c. Any holder of a Commercial Waste Permit, Residential Waste Permit or Private Business/Farm Permit may demand a hearing as allowed by Section V(1) of this local law by serving upon the Department a written request for a hearing. Such request must be received by the Department within twenty (20) days of the date of service of notice. Upon receipt of such demand, a hearing shall be scheduled and held at the offices of the County of Cortland during regular business hours. d. Upon the expiration of such twenty (20) day notice period provided for in Section V(1)(c) of this local law, or the majority determination of the Board of Hearing, the revocation, suspension and/or civil penalty in the notice or as modified by the Board of Hearing, shall be effective. e. The Board of Hearing shall consist of the three members, each appointed by a majority vote of the Cortland County Legislature at the first regular meeting following the biennial organizational meeting. The term of office shall coincide with that of the Legislature appointing the members. The Chairman of the Board of Hearing shall be selected by the Chairman of the County Legislature. Members shall be residents of the County of Cortland. One member shall be an elected or appointed officer or employee of the County. In no instance shall elected or appointed officers or employees constitute a majority of the Board of Hearing. f. The Board of Hearing shall promulgate rules and regulations in furtherance of its powers and duties, including rules governing the conduct of adjudicatory proceedings and appeals relating to the assessment of civil penalties authorized by this local law. The Board of Hearing shall have the authority to conduct investigations necessary to carry out the provisions of this law. Pursuant to this power and duty, the Board of Hearing may administer oaths or affirmations, subpoena witnesses (whether or not a County officer, employee or appointed official), compel their attendance and require the production of any document, book or record deemed relevant or material to resolving the adjudicatory proceeding. g. The Board of Hearing shall make a complete record of all adjudicatory proceedings conducted before it. A final decision, determination or order adverse to a party in an adjudicatory proceeding shall be in writing and stated in the record and shall include findings of fact and conclusions of law or reasons for the decision, determination or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision, determination or order shall include a ruling 208 ---PAGE BREAK--- upon each proposed finding. A copy of the decision, determination or order shall be delivered or mailed forthwith to each party and to his attorney of record. h. Any person who violates any of the provisions of this local law may be required to pay a civil penalty not to exceed $2000.00 for each violation. Such civil penalty must be paid in full before any permit issued pursuant to this local law can be reinstated. SECTION VI. SEVERABILITY If any part of this local law, as originally enacted or as amended from time to time, is found to be illegal, or it application to any person or circumstances is held to be invalid, the remainder and the application of its provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall remain in full force and effect. SECTION VII. EFFECTIVE DATE cc. 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. On motion of Mr. Troy, second by Mr. Willcox, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. TROY RESOLUTION NO. 255-12 Authorize Exemption From Tipping Fees River Clean-Up Cortland County Highway Department Division Of Solid Waste WHEREAS, the Cortland County Soil and Water Conservation District is coordinating the Cortland County River Clean-Up for September 29, 2012, as part of the ongoing commitment to water quality improvement and conservation education, AND WHEREAS, the Cortland County Soil and Water Conservation District has requested an exemption from the tipping fees at the Cortland County Landfill for trash and debris collected during the Cortland County River Clean-Up event, AND WHEREAS, the Solid Waste Committee has approved the request for exemption at its August 9, 2012 Committee Meeting, NOW THEREFORE BE IT RESOLVED, that the Division of Solid Waste is hereby authorized to waive the tipping fees for the trash and debris delivered to the landfill as a result of the Cortland County River Clean-Up from September 29, 2012. 209 ---PAGE BREAK--- On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 256-12 Authorize Agreement With Richard Fritts And Karen Fritts For Overhead Electrical Service To Radio Tower On Fritts Road, Town Of Lapeer WHEREAS, the County has purchased a parcel of land in the Town of Lapeer from Richard and Karen Fritts for the purpose of erecting a radio tower for the interoperable radio communication project, AND WHEREAS, the County agreed that all electrical services to the radio tower would be underground, AND WHEREAS, the cost of installing underground electrical service from Fritts Road to the radio tower is substantial due to rock and/or shale in the right-of-way, AND WHEREAS, Richard and Karen Fritts have agreed to allow overhead electrical service in consideration of the sum of $2,500.00, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature is authorized to enter into an agreement with Richard Fritts and Karen Fritts permitting NYSEG to provide overhead electrical service to its radio communication tower on Fritts Road in the Town of Lapeer, New York upon approval of the County Attorney. Mr. Whitney pulled Agenda Item No. 11 from consideration. Agenda Item No. 11 was “Authorize Agreements/Interoperable Communications System Agreement/Various Agencies /Municipalities” On motion of Mr. Willcox, second by Mr. Troy, Agenda Item No. 12 was introduced. Mr. Willcox said that proposals were requested and reviewed, and this authorizes a contract for various masonry work that needs to be done. The contractor submitted the lowest priced proposal. All members voting in favor, except Mr. Hartnett, who was opposed. Agenda Item No. 12 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 257-12 Accept Proposal/Authorize Agreement Amend 2012 Budget Buildings And Grounds First Choice Asphalt Sealing, Paving And Concrete WHEREAS, the Cortland County Buildings and Grounds Committee is desirous of completing the six projects identified in the Masonry RFP issued on August 10, 2013 for masonry work at the County Office Building and Court House, AND, WHEREAS, the Buildings and Grounds Committee has solicited proposals from twenty four (24) vendors, AND 210 ---PAGE BREAK--- WHEREAS, First Choice Asphalt Sealing, Paving and Concrete, 2197 Greenwood Road, Cortland, N.Y. 13045 has met the provisions of the Request for Proposal including the mandatory site review and has provided the lowest overall cost, $23,260.00, AND WHEREAS, Account # A16205.54076 will be utilized to fund this expense and was unfunded in the 2102 Budget for this expense, AND WHEREAS, the funds ($23,260.00) for this expenditure will need to be transferred from A16205.52000.1622 – Cap. Equipment to A16205.54076 – B&G Expense to facilitate payment, NOW, THEREFORE, BE IT RESOLVED, that the Cortland County Legislature accepts First Choice Asphalt Sealing, Paving, and Concrete’s proposal and authorizes the Chairman of said Legislature to enter in an agreement with First Choice Asphalt Sealing, Paving and Concrete for the proposed cost of $23,260.00, upon approval of the County Attorney, AND BE IT FURTHER, RESOLVED, that the County Treasurer is hereby directed to transfer the funds ($23,260.00) from A16205.52000.1622 – Cap. Equipment to A16205.54076 B&G Expense. On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PACE RESOLUTION NO. 258-12 Amend Resolution 144-12 Cortland County Airport WHEREAS, Resolution 144-12 approved the Main Hangar MH-1 Bathroom Renovation Project and to award contracts for said project, AND WHEREAS, the ACM Removal Project Monitoring Contract was awarded to Link Environmental Services Inc., 8 Broom St. Binghamton, NY 13903 for the amount quoted of $1,143.40, AND WHEREAS, the quote of $1,143.00 was dependent upon the Contractors estimate of the number of hours of work, mileage, and number of samples to be taken, AND WHERAS, that due to actual project conditions, the Contractor’s actual hours and mileage caused an increase of $260.40 over the quoted amount, for a total invoiced amount of $1,403.40, AND WHEREAS, this additional cost will not require a change to the approved total project, NOW THEREFORE BE IT RESOLVED, that the approved contract for ACM Removal Project Monitoring with Link Environmental Services Inc., 8 Broome St., Binghamton, NY 13903 is hereby amended by $260.40 for a total cost not to exceed $1,403.40. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 14 was introduced. Mr. Pace said that the System’s East proposal for tax collection software was a lower price than that of the other company. He said 211 ---PAGE BREAK--- this will allow taxpayers to pay their taxes at home with a credit card, and will allow for the Treasurer’s Office and thusly the Legislature to better track delinquent properties and tax installments. County Treasurer Cindy Monroe agreed and said that training is included in the price. Chairman Park said that after the first year an annual maintenance agreement will cost about $14,000 per year, with an annual increase not to exceed All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PACE RESOLUTION NO. 259-12 Authorize Purchase Agreement County Tax Collection System County Treasurers’ Office WHEREAS, The Cortland County Treasurers Office collects unpaid property and school taxes, AND WHEREAS, it is important to maintain unpaid taxes on an accurate and up to date tax collection system, AND WHEREAS, The County Treasure, after viewing such a system, is desirous of purchasing a new tax collection system to better accommodate the tax payers and to meet our expanding needs, NOW THEREFORE BE IT RESOLVED, that a proposal submitted by Systems East, Inc. 6 Locust Ave., Cortland, New York be accepted at a cost of $98,245. These funds shall be taken from account A13255.54004, Computer Software, AND BE IT FURTHER RESOLVED, that upon acceptance of their proposal, Systems East, Inc. will begin installation of the new County tax collection system on approximately November 1, 2012, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature of the County of Cortland be and hereby is authorized to sign the agreement on behalf of Cortland County, upon approval of the County Attorney. Executive Session Mr. Park asked for a motion to go into executive session to discuss pending litigation. Mr. Pace made a motion to hold an executive session. Seconded by Mr. Troy. All members voting in favor; none opposed. The Legislature held an executive session Following the executive session, Mr. Cornell made a motion to settle the litigation between Richard VanDonsel/Mary Leonard vs. Cortland County et al, in accordance with the apology distributed by County Attorney Ed Purser. Seconded by Mr. Willcox. All members voting in favor; none opposed. The motion to settle the lawsuit was approved. Adjournment Mr. Park adjourned the meeting at about 6:44 p.m. 212 ---PAGE BREAK--- Cortland County Legislature September 27, 2012 6:00 P.M. Minutes Order of Business Chairman Park opened the regular meeting at 6:00 p.m., followed by the Salute to the Flag. The Legislature remained standing for a moment of silence in honor of former Legislator Ray Homer, former Director of Real Property William Cinquanti and former County Nurse Pedigrossi. The Clerk of the Legislature took roll call. All members were present. Approval of Minutes Mr. Parker made a motion to approve the minutes of the August 23, 2012 Regular Meeting. Seconded by Mr. Cornell. All members voting in favor; none opposed. The minutes were approved as printed. Presentation of Petitions, Communications and Notices Chairman Park called on Gareth McDonald from TCI Renewables to give an update on the proposed Crown City Wind Farm project. Mr. McDonald said the project is going through the SEQR process, including having a variety of studies done, a rigorous scoping period and the submittal of the Draft Environmental Impact Statement. He said his company feels the DEIS is adequate and would like the legislature to act as soon as possible to declare its adequacy, which will allow for public review and input. Brett O’Connor of TCI said that TCI is facing a deadline of October 8, 2012, which relates to the interconnection of the energy with the New York State Independent Systems Operator. The milestone to be reached by Oct. 8 is the acceptance and statement of adequacy of the DEIS by the lead agency. He said the project has the potential to create about 310 jobs, and inject $15-$20 million in the local economy. Kevin Bernstien, an environmental lawyer with Bond & Schoenik and King, representing TCI gave an overview of the SEQR Process. He said the lead agency’s role at this time is to determine if everything listed in the scoping document has been addressed in the DEIS, which would then allow for a public input period. Gathering and analyzing the public input will allow the Legislature to prepare the Final Environmental Impact Statement. Mark Tayrien of Labella & Associates, the County’s consultant on the project, provided a list of 59 concerns as to the adequacy of the DEIS. He said declaring the DEIS adequate for public review does not mean the Legislature agrees with the information provided. Rather, a statement of adequacy only means the information required by the scoping document is addressed. He said the DEIS is the applicant’s (TCI’s) documents. The Final Environmental Impact Statement (FEIS) is the County’s document, and will reflect all of the County’s concerns on the project. Mr. Park said that with about 59 changes recommended by the County’s consultant it is obvious that the DEIS will not be declared adequate for public review at this meeting. He said in a meeting with TCI and the County’s consultants Pat Snyder and Mark Tayrien, all parties are comfortable with providing TCI all County’s comments on the DEIS by the October 11 Ag & Planning meeting. TCI will then revise the DEIS accordingly. If TCI provides the revisions in enough time to call a special meeting of the Ag & Planning Committee, then such a meeting will be held, at which a recommendation will be made to the full legislature as to the adequacy of the DEIS. Mr. Park asked if all legislators were in favor with the proposed schedule. All stated yes, none were opposed. Mr. Park stated that a letter from the County will be provided to TCI, outlining that schedule. 213 ---PAGE BREAK--- Proclamations & Recognitions The Clerk read a proclamation declaring October as Disability Employment Awareness Month. Ms. Price presented the proclamation to Robin Sandwick, Director of the County Employment & Training Program. The Clerk read a recognition of the Cortland County 4-H Youth Development Program. Mr. Fuller presented the recognition to Ed Kossman, Director of Cornell Cooperative Extension of Cortland County. Privilege of the Floor Mr. Andy Harris of Truxton spoke regarding the proposed Crown City Wind Farm. He questioned TCI’s experience and capability of developing such a large wind farm. He suggested working with a US-based company. Ms. Cindy Hurlbert spoke, saying the proposed windmills would diminish the beauty of the She said her children have behavioral problems, and one has seizure problems and other health problems which may be worsened due to the effects of a windmill in the area. Mr. Michael of Cortlandville said TCI has created a self-imposed crises, and now must try to rush the project through the SEQR process. He said the information presented in the DEIS, such as the environmental studies, are not as in-depth as they should be. He encouraged the legislature to use the full extent of the time allotted by the SEQR process to do the review of the DEIS. Ms. Lisa Soshinsky of McGraw spoke in favor of wind power and the Crown City Wind Farm. She said the wind speeds at her house in McGraw are more than adequate to place a windmill on the property. Ms. Susan Morgan spoke in opposition to Agenda Item No. 28. She said that the Special Investigation Committee has taken action without the consent of the full legislature, and therefore the resolution should be voted down. She asked if the personnel department who oversees payroll and leave accruals is doing a good enough job, and she asked if the County Administrator does annual performance evaluations. Receive & File Mr. Cornell made a motion to Receive & File the 2011 Annual Report of the Cortland County Sheriff, the Deferred Compensation Plan Fiscal Statements for 2010 and 2011, and the Annual Independent Audit / Fiscal Statements for year-end 2011. Seconded by Ms. Price. All members voting in favor; none opposed. The motion was approved. New Business On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 260-12 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 214 ---PAGE BREAK--- 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/Title Address Sector Business Term Peter Schug, V.P. Dryden, NY Private Sector Cayuga Press 9/1/12-6/30/14 On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MS. PRICE RESOLUTION NO. 261-12 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on August 30, 2012 for the period October 1, 2012 through December 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 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 Sysco Food Service, PO Box 80, Route 173 North, Warners, NY 13164 , NOW THEREFORE, BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for the period October 1, 2012 through December 31, 2012. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 262-12 Authorizing the Chairman of the Cortland County Legislature to Sign the Local Plan for Program Year 2012-2013 for the Workforce Investment Act 215 ---PAGE BREAK--- Title I-B and Wagner Peyser Programs WHEREAS, pursuant to the Workforce Investment Act of 1998 (20 USC 9201 et, Seq, Public Law 105-220, 112 Stat.936) a Local Plan is required to be submitted for the Cayuga-Cortland Workforce Investment Area (WIA) for the Title I-B and Wagner Peyser programs, AND WHEREAS, said Local Plan has been developed and posted for the mandated 30 day local public review and comment period, AND WHEREAS, said Local Plan must be signed by the Workforce Investment Board Chairman and the Chief Elected Officials in Cayuga and Cortland Counties, AND WHEREAS, said plan is due to be submitted to the New York State Department of Labor by September 14, 2012, AND WHEREAS, this legislature has been informed that there are no local funds involved in the program, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature and Cayuga-Cortland Workforce Investment Board Director, upon review and approval by the County Attorney, be and hereby is authorized and directed to execute the Local Plan for WIA Title I-B and Wagner Peyser programs and related documents. On motion of Ms. Price, seconded by Mr. Spaulding, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 263-12 Authorize Agreements/Accept Funds Health Department/Administration Public Health Emergency Preparedness Program WHEREAS, the Cortland County Health Department has been awarded a grant by Health Research, Inc., in the amount of $53,500 to continue the Public Health Emergency Preparedness Program for the period 7/1/12 – 6/30/13 to continue to assist our County in the development of a Public Health emergency response and preparedness plan, AND WHEREAS, $53,500 is already in the 2012 County Budget in Expenditure Account A40105.51005.4010 $43,896 (Personnel), A40105.58020-58065 $9,604 (Fringe) and Revenue Account A401043.43450.4010 $53,500 (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 the Health Research, Inc. to accept these funds. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 264-12 216 ---PAGE BREAK--- Authorize Agreement City of Syracuse and Onondaga County Health Department Health Department WHEREAS, the Cortland County Health Department is tasked by the New York State Department of Health with being prepared to provide medical countermeasures, such as vaccinations and prophylactic medications, within a 48 hour period to the entire population of Cortland County, AND WHEREAS, the Health Department would need networked computers and printers in order to meet this requirement, AND WHEREAS, the City of Syracuse in conjunction with the Onondaga County Health Department (OCHD), under a federal grant, is purchasing such networked computers and printers and is offering to give the Cortland County Health Department, as a member of the Central New York Epidemiological Alliance, equipment at a cost not to exceed $4,000.00, AND WHEREAS, there would be no cost to the County for the purchase of said equipment, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with the City of Syracuse and Onondaga Health Department to accept computers and printers for use in Point-Of-Dispensing Clinics. On motion of Ms. Price, seconded by Mr. Spaulding, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MS. PRICE RESOLUTION NO. 265-12 Amend 2012 Budget/Transfer Funds Health Department (Medicare Reimbursement) WHEREAS, there is need to transfer funds to pay HCR their share of Medicare reimbursement for Certified Home Health Agency services provided during the 60 day transition period and transfer of patients, AND WHEREAS, the cost of paying the expenses was not budgeted, but is incurred due to the late sale of the Certified Home Health Agency, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget is hereby amended as follows: Increase: Expenses: A40115.54500 Patient Expenses $ 35,936.81 Decrease: Expenses: A29605.54445 Tuition $ 35,936.81 RESOLVED, that the County Administrator is hereby authorized to transfer appropriate monies to cover patient expenses to finalize the sale of the Certified Home Health Agency to HCR. 217 ---PAGE BREAK--- On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MS. PRICE RESOLUTION NO. 266-12 Authorize Expense Account (Cortland Regional Medical Center) WHEREAS, the New York State Office of Mental Health has approved additional state aid funding for Cortland Regional Medical Center in 2012, in the amount of $107,200.00 to replace New York State Disproportionate Share Funding (DSH), NOW THEREFORE BE IT RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: A 43105 54870 4222 Cortland Regional Medical Center (OMH) $107,200.00 Revenues: A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH $107,200.00 On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MS. PRICE RESOLUTION NO. 267-12 Authorize Agreements Mental Health Department WHEREAS, the Cortland County Mental Health Department has a contract for with Accumedic Computer Systems to provide computerized billing and scheduling software for 2011-2012, AND WHEREAS, the aforementioned contract is due to expire on September 30th, 2012, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to appropriation of funding by the Legislature, is hereby authorized to execute agreements for 2012-2013 with Accumedic Computer Systems for computerized medical billing and scheduling software, the term of which will begin October 1st, 2012 and end September 30th, 2013. The sum of payments for the agreement is not to exceed $4,814.10. On motion of Mr. Price, second by Mr. Troy, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MS. PRICE RESOLUTION NO. 268-12 Authorize Agreement 218 ---PAGE BREAK--- Department of Social Services (LexisNexis Risk Solutions FL, Inc.) WHEREAS, Cortland County Department of Social Services is desirous of contracting with LexisNexis Risk Solutions FL, Inc. for access to a database to locate individuals for various program related purposes, AND WHEREAS, the costs of this Agreement will not exceed $2,400.00 and the funding needed for this Agreement is in the Publications Account A60105.54041, NOW THEREFORE BE IT RESOLVED, the Chairman of the County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an Agreement for the time period of September 1, 2012 through December 31, 2013 with LexisNexis Risk Solutions FL, Inc. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MS. PRICE RESOLUTION NO. 269-12 Abolish/Create Health Department Principal Account Clerk/Senior Medical Services Clerk WHEREAS, the needs of the agency will be better served by reclassifying one position of Principal Account Clerk in the Health Department, AND WHEREAS, the Health Committee has classified the new duties as appropriate to the title of Senior Medical Services Clerk, NOW THEREFORE BE IT RESOLVED, that one position of Principal Account Clerk (Grade 13, $16.6582-20.2672/HR, CSEA contract, competitive class) be and hereby are abolished effective September 28, 2012, AND BE IT FURTHER RESOLVED, that one position of Senior Medical Services Clerk (Grade 10, $15.1342-18.4131/HR., CSEA contract, competitive class) be created effective September 28, 2012. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MS. PRICE RESOLUTION NO. 270-12 Amend Budget Department of Social Services WHEREAS, the Cortland County Department of Social Services is in receipt of an insurance settlement in connection with the recent loss of a fleet vehicle as the result of a motor vehicle accident, AND WHEREAS, the Cortland County Department of Social Services has a need to replace the lost vehicle, NOW THEREFORE BE IT 219 ---PAGE BREAK--- RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Expense: A60105.52030 Motor Vehicle Equipment $13,588.90 Revenue: A601042.42680 Insurance Recoveries $13,588.90 , AND BE IT FURTHER RESOLVED, that the following transfer be made to provide the balance of funds necessary to consummate acquisition of a new vehicle: Decrease: Expense: A60105.54800 Program Expense $2,200.00 Increase: Expense: A60105.52030 Motor Vehicle Equipment $2,200.00 On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 12 was introduced. Mr. Willcox said with nearly 10,000 square feet available, the space could be better utilized and potentially bring additional revenue. All members voting in favor; except Mr. Willcox, who was opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 271-12 Authorize Hangar Lease Building MH-3 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-3 for a 5-year term, AND WHEREAS, the Airport Advisory Board met on August 22, 2012 and reviewed all proposals received in response to said RFP for the lease of said building, AND WHEREAS, one proposal, from David Jones Aircraft Services, 922 NYS Route 222, Hangar MH-3, Cortland, NY 13045, was received, opened and reviewed by the Airport Advisory Board at said meeting, AND WHEREAS, the David Jones Aircraft Services 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 1 $550 2 $560 3 $570 220 ---PAGE BREAK--- 4 $580 5 $590 , 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 David Jones Aircraft Services, AND WHEREAS, the Highway Committee of the Cortland County Legislature recommends approval of said lease of Hangar MH-3, in its entirety, at Cortland County Airport to David Jones Aircraft Services, 922 NYS Route 222, Hangar MH-3, Cortland, NY 13045, in accordance with the proposal received from David Jones Aircraft Services for a 5-year term (10/1/2012 - 9/30/2017), per the above listed rental rate schedule, NOW THEREFORE BE IT RESOLVED, that the Legislature hereby approves the lease of said Hangar MH-3, in its entirety, at Cortland County Airport to David Jones Aircraft Services, 922 NYS Route 222, Hangar MH-3, Cortland, NY 13045, in accordance with the proposal received from David Jones Aircraft Services for a 5-year term (10/1/2012- 10/30/2017), per the above listed rental rate schedule, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney as to form, is hereby authorized to execute the necessary Hangar Lease Agreement for said Hangar MH-3 Building at Cortland County Airport. On motion of Mr. Fuller, second by Mr. Wheelock, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 272-12 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 $ 3,466.98 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 2012-2013 snow season for the amount of $1,040.09 to be paid as follows: One-fourth in November 2012 ($260.02), One- fourth in February of 2013 ($260.02) and One-half in April of 2013 ($520.05), 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 Truxton subject to the County Attorney’s review and approval as to 221 ---PAGE BREAK--- form. On motion of Mr. Troy, second by Mr. Cornell, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. TROY RESOLUTION NO. 273-12 Reject Bids for the 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 requested bids for the Load, Transfer, Haul, Facility Maintenance & Operational Staff, AND WHEREAS, the Cortland County Highway Superintendent received the following bid: COMPANY NAME AMOUNT OF BID Casella Waste Services of NY, Inc. $13,500 per Month Expense to County 798 Cascadilla Street Ithaca, NY 14850 $2,700 Est. Revenue per Month to the County , NOW THEREFORE, BE IT RESOLVED, that in accordance with the recommendations of the Solid Waste Committee, the County Legislature hereby rejects the bid for the Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials, from Casella Waste Services of NY, Inc., 798 Cascadilla Street, Ithaca, NY 14850. On motion of Mr. Ross, second by Mr. Bushnell, Agenda Item No. 15 was introduced. Ms. Price said that while the legislature is in favor of clean water and the Clean Water Act, there is language within the bill that could potentially cost the County a lot of time and money. Ms. Arnold said the omission of the term “navigable” would require additional engineering and permitting for nearly every body of water, no matter how small. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. ROSS RESOLUTION NO. 274-12 Resolution to Oppose Clean Water Act Draft Guidance Proposed by the Environmental Protection Agency WHEREAS, Cortland County affirms its commitment to environmental stewardship and the protection of our natural resources, and recognizes the need to harmonize municipal and agricultural programs and services with the legislative intent and objectives of the Clean Water Act (CWA), AND 222 ---PAGE BREAK--- WHEREAS, the CWA was not intended to protect ditches and other channels through which water flows intermittently nor was it intended to capture seeps, wet areas, isolated man-made ponds and other structures not currently subject to the CWA, AND WHEREAS, the Environmental Protection and Agency (EPA) and the United States Corps of Engineers (Corps) has developed draft guidance on Identifying Waters Protected by the Clean Water Act (draft guidance) to clarify the EPA and Corps’ understanding and definition of the CWA that will inform all of EPA’s regulatory programs and policy actions, AND WHEREAS, this draft guidance creates uncertainty, confusion and would capture a significant number of agricultural and public works activities and transportation infrastructure that will now be subject to the CWA and its costly and time-consuming permitting and regulatory protocols, AND WHEREAS, the draft guidance greatly expands the number of projects subject to jurisdictional determination or CWA permitting, which do not currently require such oversight, at great expense to the municipalities, and thus to the taxpayers, and to the farmers of Cortland County with little, if any, environmental benefit while diverting scarce resources from other programs that do provide environmental protection and conservation benefits, AND WHEREAS, the financial impact of the draft guidance to Cortland County will be significant, with the increased engineering and construction efforts estimated to increase the County Highway budget by $750,000 to $1,000,000 annually due to the need for jurisdictional determinations by the Corps or CWA permitting, and city, town and village highway departments and budgets would also be commensurately impacted, including the need to have engineering staff, AND WHEREAS, the safety of the public would be impacted because highway departments would not be able to respond to a roadside problems without first obtaining permits, AND WHEREAS, Cortland County believes that it is improper to so significantly change the scope of the Clean Water Act without legislative authorization by the U.S. Congress or through the formal rulemaking process to allow public and stakeholder comments on this critically important and complex issue NOW THEREFORE BE IT RESOLVED, that Cortland County urges the EPA and the Corps to withdraw the draft CWA guidance immediately, work collaboratively with states and local governments to enforce the current scope of the CWA while respecting the authority of state and local governments in ensuring the protection of our water resources, AND BE IT FURTHER RESOLVED, that Cortland County supports any federal legislation consistent with the above recommendations and urges its Congressional and State representatives to intercede with EPA and request that EPA report to them on their response and adaptations regarding the aforementioned concerns, AND BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted to U.S. Senators Charles Schumer and Kirsten Gillibrand, U.S. House Representative Richard Hanna , EPA Administrator Lisa Jackson, New York Governor Andrew Cuomo, New York State Senator James Seward, New York Assembly Representatives Barbara Lifton , Gary Finch, and Brian Kolb, and EPA Region 2 Administrator Judith Enck. On motion of Mr. Ross, second by Mr. Bushnell, Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: 223 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 275-12 Amend 2012 Budget No-Cost Time Extension of Local/Miscellaneous Contract New York State Department of Transportation (NYSDOT) Section 5316 – Job Access and Reverse Commute (JARC) Section 5317 – New Freedom (NF) Cortland County Planning Department WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1) and Section 5317 New Freedom, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase access for recipients of public assistance and low income persons to employment, as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5317 Federal formula reimbursement funds for new public transportation services and public transportation alternatives beyond those required by the American Disability Act of 1990 (ADA), that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services, as identified through a coordinated planning process, and consistent with eligible activities described in the FTA Circular 9045.1, AND WHEREAS, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, AND WHEREAS, Resolution 216-12 Amended the 2012 Budget to include the unused portion of the Section 5316 Job Access and Reverse Commute (JARC) and Section 5317 New Freedom (NF) as part of the No Cost Time Extension, AND WHEREAS, the request for increase in the revenue accounts were for Account Number A802042- 42189.8021 and Account Number A802042-42189.8022, which represents the portion of the grant which is paid with Local Funding, the correct Account number should be A802043-43594.8021 and A802043.43594.8022 which represent the portion of Federal Funding, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget is hereby amended as follows: Section 5316: Increase A802043-43594.8021 $25,500.28 Revenue Decrease A802042.42189.8021 $25,500.28 Revenue 224 ---PAGE BREAK--- Section 5317: Increase A802043.43594.8022 $15,525.36 Revenue Decrease A802042.42189.8022 $15,525.36 Revenue On motion of Mr. Ross, second by Mr. Bushnell, Agenda Item No. 17 was introduced. All members voting in favor; none opposed. Agenda Item No. 17 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 276-12 Accept Grant Application/Authorize Agreement/Amend 2012 Budget NYS DOT Federal Section 5311 Capital Replacement Needs Consolidated Operating and Capital Grant for 2011 and 2012 Fiscal Years Cortland County Planning Department WHEREAS, Cortland County had submitted a grant application and has been approved for a grant of funds by the New York State Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider, AND WHEREAS, Cortland County and the State of New York are entering into a Agreement which authorizes the undertaking of the Project and payment of the Federal and State Shares for the project as identified as State Contract No. C003671, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement for the above named project for the following: 1) Any and all Agreements between Cortland County and the State of New York for the above named project. 2) Any and all Agreements between Cortland County and any third party subcontractors necessary to complete the project. 3) Any municipality/vendor contracts for the purchase and/or installation of vehicles and/or equipment or facilities, AND BE IT FURTHER RESOLVED, that Cortland County certifies through this resolution that the estimated local share of $28,210.00 is committed to this project, AND BE IT FURTHER RESOLVED, that the local share of $28,210.00 is to be provided by First Transit, Inc., as stipulated in their agreement with Cortland County to provide public transportation, AND BE IT FURTHER RESOLVED, that the 2012 Budget be amended to reflect the revisions by the New York State Department of Transportation to the to amount Federal, State and Local funding allotted for this project, 5311 Capital Project Expense 225 ---PAGE BREAK--- A56305.52030 Capital Equipment $282,100.00 5311 Capital Project Revenue: A563042-42300 5311 Local Share $ 28,210.00 A563044.44597 5311 Capital Federal/State Share $253,890.00 On motion of Mr. Cornell, second by Mr. Troy, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 277-12 Authorize Agreement ProAct Prescription Drug Program Administration WHEREAS, requests for proposals were requested by Benefit Consulting Group for the Administration of the Prescription Drug Program for Cortland County, AND WHEREAS, it is the recommendation of Benefit Consulting Group, the County Administrator and Personnel Officer, that the County of Cortland Contract with ProAct for Administration of the Prescription Drug Program for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney is authorized to enter into an agreement with ProAct from January 1, 2013 and ending December 31, 2015 in accordance with the proposal submitted in the third quarter of 2012. On motion of Mr. Cornell, second by Ms. Price, Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 278-12 Awarding Proposal for the Administration of the Cortland County Internal Revenue Code, Section 457 Deferred Compensation Retirement Plan and Authorizing Agreements with Nationwide Retirement Solutions, Nationwide Financial Services Inc. and Nationwide Trust Company in Furtherance Thereof WHEREAS, Cortland County provides a Deferred Compensation Retirement Plan under Section 457 of the Internal Revenue Code to its employees, AND WHEREAS, an administrator of the Cortland County Deferred Compensation Plan is required, AND WHEREAS, the County has solicited proposals for the administration of said plan resulting in seven proposals, AND WHEREAS, these proposals have been evaluated by the County Administrator and Personnel Officer, AND WHEREAS, it is the recommendation of the County Administrator, the Personnel Director and Personnel Committee that the County Legislature award the administrative responsibilities of the plan to Nationwide Retirement Solutions, NOW THEREFORE BE IT 226 ---PAGE BREAK--- RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, is authorized and directed to execute agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc. and Nationwide Trust Company for five years, with additional option to renew for two one year extensions beginning October 12, 2012 for the provision of a Section 457 Deferred Compensation Retirement Plan in 2012 in accordance with option B of their proposal dated August 24, 2012 reflecting an administrative fee of 55 basis points per year. On motion of Mr. Cornell, second by Mr. Troy, Agenda Item No. 20 was introduced. Ms. Briggs asked said the resolution should reflect what the money is going to. Mr. Park said this is replenishing the professional services line, which does not have enough money to pay for all expenses. The clerk said the money will pay for the audit of the deferred compensation program and other professional services. Ms. Briggs said she would like it known that the money is not in the account because it was used to may Mr. Michael Surowka for the investigative report regarding the public defender’s office. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. CORNELL RESOLUTION NO. 279-12 Transfer Funds Personnel/Civil Service WHEREAS, the Cortland County Legislature created a special committee for the purpose of investigating allegations of employee misconduct, with the powers and duties as provided by NYS County Law §209, AND contracts for various professional services to assist in the provision of services, AND WHEREAS, the cost of investigation was paid from professional services from the Personnel/Civil Service budget and needs to be replaced so that the department’s bill can be paid, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves monies to be transferred from contingency to the Personnel/Civil Service budget, AND BE IT FURTHER RESOLVED, that the 2012 budget be amended as follows: Increase A1430 54055 Professional Services $16,000.00 Decrease A19905 54775 Contingency $16,000.00 On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 280-12 Adopt Interoperable Communications System Agreement Information Technology WHEREAS, Cortland County is implementing an Emergency Interoperable Communications System which utilizes portable radios by various agencies, AND 227 ---PAGE BREAK--- WHEREAS, it is necessary to enter into an Interoperable Communications System Agreement with the various entities utilizing the system, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the attached Interoperable Communications Agreement, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to sign said agreement with any/all necessary agencies. Interoperable Communications System Agreement The parties to this Agreement shall be the County of Cortland, a municipal corporation of the State of New York, (hereinafter “County”) and , with its principal offices located at (hereinafter “User”). Witnesseth: WHEREAS, Cortland County operates a Department of Emergency Communications which among other things, is responsible for administering the operation of a county-wide emergency communications center; and WHEREAS, the Cortland County Interoperable Communications System (“CCICS”) is an integrated system of equipment and facilities necessary for the provision of county-wide emergency communication services; and WHEREAS, to provide for the safety and protection of the public and public safety responders, and to maintain the integrity of the CCICS, it is necessary to establish procedures for the use of the CCICS; NOW, THEREFORE, in consideration of the benefits conferred and obligations incurred herein, the parties do mutually agree as follows: 1. Purpose: The CCICS is a system for providing emergency communication services, coordinated and operated by the County, which system includes, but is not limited to, communication towers, base stations, antennas, system controllers, equipment shelters, system frequencies, and subscriber radio equipment. The County hereby grants User access to the CCICS for the purpose of providing emergency communication services, subject to the terms of this Agreement. 2. Term: This Agreement shall take effect on January 1st, 2013 and shall be for a term of five years. Thereafter, this Agreement shall be automatically renewed without further action of the parties for three additional five year terms. Either party may terminate this Agreement by providing written notice, as provided for herein, at least sixty (60) days prior to the end of the five year term. Either party may terminate this Agreement for cause at any time, provided, however, that the party seeking to terminate shall provide written notice stating the cause and shall provide the other party thirty days to cure. Upon termination of this Agreement, unless otherwise authorized by the County, User agrees to remove any CCICS talk groups and frequencies from User’s equipment at User’s expense. 3. Obligations of the Parties: 3.1 - OWNERSHIP AND USE OF RADIO EQUIPMENT – The County hereby grants to User the rights to use, and operate the radio equipment listed on Exhibit A (hereinafter “County-assigned equipment”), attached hereto and made a part hereof. The County shall own such equipment for a period of ten years which 228 ---PAGE BREAK--- shall commence on January 1st, 2013 and upon the expiration of said ten year period, ownership shall transfer to User unless the county requests the return of same prior thereto. The User’s obligation to return the equipment provided hereunder shall survive the expiration or termination of this agreement. User agrees not to sell, transfer or pledge this equipment without the prior written approval of the county. User agrees to repair and replace the County-assigned equipment under the terms of the warranty, as provided for in §3.3 of this Agreement. User agrees to repair and/or replace any broken or lost equipment at User’s expense. If for any reason, User fails to use such equipment, User shall notify the County and if requested by the County, shall return such equipment to the County in working order within 30 days of the request of the County. 3.2 - PAYMENT – The County has bonded and leased debt costs associated with the purchase of the County-assigned equipment and contractual obligations in connection with FCC rebanding. As such, the County agrees to provide the County-assigned equipment listed on Exhibit A to the User without charge therefore. There will be no user fee associated with the use of this system. 3.3 - EQUIPMENT MAINTENANCE - User is responsible for the operational integrity and compatibility of all County-assigned equipment, as well as any User-owned subscriber equipment (i.e. portables, mobiles, vehicular repeaters, and control stations) that interfaces with the CCICS. User shall, at its own cost and expense, maintain all such equipment in proper working order in accordance with factory and CCICS specifications and cause all replacements, hardware or software upgrades or modifications, and repairs to be made timely to any such equipment that interfaces with the CCICS. To ensure system integrity, User shall use only a factory-authorized radio service shop(s), approved by the County, to perform the maintenance, upgrading, modification, or repair of such equipment. With respect to County-assigned equipment, User agrees to provide for the repair and/or replacement of such equipment through the warranty to the extent covered by said warranty. Upon expiration of said warranty, User shall continue to maintain such equipment in full working order at User’s expense for so long as such equipment remains a part of the CCICS. 3.4 - USE OF ADDITIONAL EQUIPMENT AND ACCESSORIES - The County shall maintain a list of approved subscriber equipment, required options and feature sets, and related peripheral accessories, and User agrees to use only approved equipment while accessing the CCICS. User shall not assign new subscriber equipment to the network or add an accessory to a CCICS radio unless the make, model, options, and feature sets of the equipment/accessory have been tested and approved by the County. User may request that a particular radio or accessory be added to the list of approved equipment/accessories by providing the make and model number of the item as well as sufficient technical details to allow the County to determine if the equipment is compatible with the CCICS network and its critical operating features. User is advised that some CCICS feature sets (e.g. Advanced Digital Privacy may be proprietary to a particular vendor and may not properly interface with the CCICS. It may be necessary for the USER to provide a sample of said equipment for testing on the system to verify it will not cause adverse effects to the system. User shall provide a sample of any equipment for the purpose of testing if requested to do so by the County. The County shall present any and all requests or actions listed in this section to the Cortland County Communications Advisory Board hereinafter “CAB” for their review and endorsement prior to approval. User is further advised that the use of unapproved equipment or accessories may adversely affect the CCICS system. 3.5 - EQUIPMENT PROGRAMMING – The programming or reprogramming of any piece of radio equipment, including County-assigned equipment that interfaces with the CCICS, must occur through the use of designated authorized programming vendors and/or technicians. The County, upon consultation with the CAB, must approve in writing any programming or reprogramming to include the addition of non-CCICS 229 ---PAGE BREAK--- licensed frequencies on such equipment, and such programming or reprogramming must be done by a County-approved vendor or technician. 3.6 - SYSTEM FEATURES - User may request the County to make changes to feature sets and talk groups. The County, upon consultation with the CAB, will consider whether there is a demonstrated need for such change together with the potential impact of such on the network as a whole and for the other system subscribers. 3.7 - SYSTEM KEYS – The County may, at their discretion, make system keys available to User for purposes of accessing and changing radio programming settings. System keys shall remain the property of the County, and User shall return any system keys upon the request of the County. User shall not copy or transfer system keys to any entity without the prior written authorization of the County. 3.8. - SYSTEM USE - User agrees to use the CCICS and maintain its County-assigned or User-owned radio equipment in accordance with FCC rules and regulations and in accordance with CCICS policies and procedures. User agrees to use only those frequencies authorized by the County and further agrees to use the CCICS in a professional manner for official business purposes only. User shall attempt no modifications to county equipment unless authorized and shall not attempt to program or re-program equipment from the county or any source without the prior authorization of the County. 3.9 - FAILURE TO COMPLY – If, after all attempts to resolve non-compliance issues and after given reasonable time to comply, the County may, at their sole discretion, terminate User’s IP address and remove the User-owned subscriber equipment from the CCICS for failure to comply with the terms of this Agreement; and reactivate User-owned subscriber equipment upon demonstration of compliance. Any failure to comply will be reported to the CAB. 4. Liability: In no event shall the County or CAB be liable to User or to any third party who acts in reliance on User for any damages resulting from this Agreement, including indirect, incidental, special or consequential. This limitation includes damages attributed to any malfunction of the CCICS system, regardless of the cause of action, arising out of or connection with a party’s performance. 5. Independent Contractor: All users, including all its officers and agents, agree that its relationship to the County and any of its Departments is that of an independent contractor and said user covenants and agrees that it will not conduct itself as, nor hold itself out, nor claim to be an officer or employee or agent of the County. 6. System Governance: At all times, User shall ensure that its officers, employees, volunteers and agents comply with FCC regulations applicable to the system. Consistent therewith the County shall establish policies and procedures for access to CCICS and for the operation of the CCICS, which policies and procedures shall be adopted by the County only after consultation with the CAB. The County agrees to make such policies and procedures available to User by mailing a written copy thereof and/or by posting them on its website. Users may request changes to the CCICS policies and procedures by submitting such request to the County, who shall consult with the CAB. Final approval of such changes remains with the County. 6. Assignment: Pursuant to General Municipal Law §109, User shall not assign any of its rights, interests or obligations under this Agreement. 7. Statutory Compliance: In acceptance of this Agreement, User agrees to comply in all respects with all Federal, State, and County laws and regulations which pertain to the services provided herein. 230 ---PAGE BREAK--- 8. Licenses and Permits: If the User wants to add their own frequencies to any radio equipment used to on the CCICS than the User agrees that it will obtain at its own expense all licenses or permits necessary for the operation of its radio equipment prior to the commencement of its use of the CCICS. 9. Appropriations: It is understood by and between the parties that this Agreement shall be deemed executory only to the extent of the monies appropriated and available for the purpose of this Agreement. No liability on account thereof shall be incurred by the County, City, Towns or Villages beyond funds appropriated and available for the purpose of this Agreement. 10. Retention of Records: User agrees to retain all books, records and other documents relevant to this Agreement for Five years after the termination of this Agreement, or the length of time the state or federal government required retention period, whichever later occurs. County, or any State and/or Federal auditors, and any other persons duly authorized by the County, shall have full access and the right to examine any of said materials during said period. 11. Acceptance of Substituted Service: The User hereby consents and agrees to accept to substituted service of process via first class mail to the above referenced address of any summons, process or pleading pertaining to or arising from litigation concerning this agreement in lieu of any other methods authorized by the New York Civil Practice Law and Rules. Service of process shall be deemed to be complete upon mailing same. This provision shall survive the termination of this agreement and shall not be construed requiring substituted service, should the County elect to commence litigation by other means provided for by law. The County or any other municipality subject to this agreement does not waive personal service herein and will require service of process in conformity with CPLR§311(4). 12. Dissolution/Consolidation Of Services: Should the User dissolve under the provisions of state law and cease to exist as a municipal corporation, non-profit corporation or business corporation providing EMS or other services, any equipment provided by the county shall revert to the ownership of the County of Cortland and User agrees to return same to the County within thirty (30) days of dissolution. Should a municipal corporation's fire or police department be consolidated or dissolved, the municipal User agrees to return any requested equipment to the County within thirty (30) days' of dissolution or consolidation. 13. Set-Off Rights: The County of Cortland shall have all of its common law, equitable and statutory rights of set-off hereunder. These rights shall survive the expiration or termination of this agreement, to the extent same are applicable and shall include, but are not limited to, the County’s right to withhold for the purposes of set-off any monies otherwise due to User under this Agreement, (ii) under any other agreement or contract with the County, including any agreement or contract for a term commencing prior to or after the term of this Agreement, or (iii) from the County by operation of law. The County also has the right to withhold any monies otherwise due under this Agreement for the purposes of set-off as to any amounts due and owing to the County for any reason whatsoever including, without limitation, snow and ice payments, contractual payments, real property tax delinquencies, hotel/motel tax delinquencies, sales tax delinquencies, fee delinquencies or monetary penalties and/or interest relative thereto. 14. Personal Use Prohibited: The User understands and agrees that the equipment provided hereunder and the frequencies owned by the county are for Fire, EMS, Police, Public Service and/or municipal use only. Inconsistent uses may constitute a breach of this agreement and may constitute a crime. 15. No Arbitration: Any and all disputes involving this Agreement, including the breach or alleged breach thereof must instead only be heard in the Supreme Court of the State of New York, with venue in Cortland County or, if appropriate, in the Federal District Court with venue in the Northern District of New York, Syracuse division. 231 ---PAGE BREAK--- 16. Governing Law: This Agreement shall be governed by the laws of the State of New York. User shall abide by all applicable federal, state and local laws, rules and regulations pertaining to the User's obligations hereunder for the duration of this agreement. 17. Contract Modifications: This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may be amended only by written instrument signed by both parties, except as otherwise provided in this Agreement. 18. Severability: If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and every other term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 19. Clauses Required by Law: The parties to this Agreement understand and agree that each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to have been inserted herein. If through mistake or inadvertence, such provision is not inserted; such provision shall be deemed to have been inserted and shall have the full force and effect of law. 20. Notices: Notices provided for in this Agreement shall be delivered by mail to the following: For Cortland County: For User: Chairman of the Legislature 60 Central Avenue Cortland, NY 13045 IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement on the date and year hereafter written. Dated: County of Cortland By: Michael R. Park, Legislative Chairman Dated: User By: Exhibit A The County shall provide User with the following pieces of radio equipment for use with the Cortland County Interoperable Communications System (“CCICS”). On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 281-12 Authorize Contract County Clerk’s Office Document Management System 232 ---PAGE BREAK--- WHEREAS, the contract with Info Quick Solutions to furnish and support the County Clerk’s Electronic Document Management System along with the required equipment will expire as of December 31, 2012, AND WHEREAS, the County Clerk in cooperation with the Cortland County Information Technology Director and Deputy Director have researched alternative systems, NOW THEREFORE BE IT RESOLVED, THAT THE County Chairman upon review and approval of the County Attorney, be and is hereby authorized to enter into an agreement for 5 years with Info Quick Solutions Inc, Liverpool, NY to provide a complete document management system for the County Clerk’s Office to include document indexing, retrieval, microfilming internet accessibility and all software and hardware including computer equipment, scanners printers, etc. for an amount not to exceed $3800.00 per month. On motion of Mr. Whitney, second by Mr. Ross, Agenda Item No. 23 was introduced. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 282-12 Authorize Agreement Cortland County District Attorney (McMahon/Ryan Child Advocacy Center) WHEREAS, a Child Advocacy Center (“CAC”) has been created in Cortland County under the aegis of the District Attorney’s Office 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 CAC will employ an Executive Director “Director” to effectuate the purposes of the CAC and run the day to day operations of the CAC, 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 been providing this service throughout out the 2012 year per resolution # 334-11, contract # 076-12, 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 to continue this contract for another year for the time period of January 1,2013 through December 31, 2013, with McMahon/Ryan on behalf of the DA. On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 24 was introduced. The Clerk noted that a change made in committee was not on the resolution, and asked for a motion to amend the resolution that will state the position change in contingent upon the County continuing to receive NYS funds to cover the costs. Ms. Briggs made the motion to amend the resolution as stated. Seconded by Mr. Cornell. All members voting in favor of the amendment, none opposed. All members voting in favor of the resolution as amended; none opposed. Agenda Item No. 24 became: 233 ---PAGE BREAK--- ON MOTION OF WHITNEY RESOLUTION NO. 283-12 Abolish/Create Public Defender Assistant Public Defender (part-time)/Assistant Public Defender (full time) WHEREAS, the needs of the agency will be better served by reclassifying one position of Assistant Public Defender in the Public Defender’s Office, AND WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Assistant Public Defender, AND WHEREAS, the Judiciary & Public Safety Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one position of Assistant Public Defender (part-time, Grade 4, $30,216-36,631/YR, Management Compensation Plan, Exempt class) be and hereby is abolished effective October 9, 2012, AND BE IT FURTHER RESOLVED, that one position of Assistant Public Defender (full-time, Grade 4, $60,217-73,263/YR, Management Compensation Plan, Exempt class) be created effective September 28, 2012, AND BE IT FURTHER RESOLVED, that said position shall be contingent upon expenses being covered by money provided by New York State. On motion of Mr. Whitney, second by Ms. Price, Agenda Item No. 25 was introduced. All members voting in favor, none opposed. Agenda Item No. 25 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 284-12 Public Defender Keyboard Specialist WHEREAS, a temporary part-time Keyboard Specialist position was created January 1, 2012 per Resolution 333-11, AND WHEREAS, there is a need to extend the temporary part-time Keyboard Specialist position for up to three months, AND WHEREAS, the Judiciary & Public Safety and Budget & Finance Committees recommend this position be extended, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the extension of one temporary, part-time (17 hours per week, no benefits) Keyboard Specialist,(CSEA grade 5, $13.0374- 15.8620/hr., competitive class) from October 1, 2012 and ending no later than December 31, 2012. 234 ---PAGE BREAK--- On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 26 was introduced. Sheriff Price indicated an error in the resolution, which was corrected. All members voting in favor, none opposed. Agenda Item No. 26 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 285-12 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, 2012, AND WHEREAS, the cost of such maintenance agreement is $13,537.50 annually, for the period of January 1, 2013 through December 31, 2013, AND WHEREAS, the Sheriff is authorized to pay this annual billing, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with Black Creek Integrated Systems Corporation at a cost per year not to exceed $13,537.50 per year to be paid from Account A31505-54004 Computer Software. On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 27 was introduced. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 286-12 Authorize Agreement Sheriff's Department Porter Lee Corporation WHEREAS, the maintenance agreement on the Porter Lee Corporation Software will expire October 31, 2012, AND WHEREAS, the cost of such maintenance agreement is $875.00 annually, for one year, for the period of November 1, 2012 through October 31, 2013, AND WHEREAS, the Sheriff is authorized to pay $875.00 for the annual support fee for the (BEAST Barcode System) to Porter Lee Corporation as annual bill of each year, 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 Porter Lee Corporation at a cost per year not to exceed $875.00 per year to be paid from account A31105-54004, Computer Software. On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 28 was introduced. Mr. Pace said the resolution asks the legislature to rescind an action that may be irreversible, particularly when the investigation has already been assigned to a Tompkins County official, by the Cortland County Court system. Mr. Purser said once the matter is referred to the District Attorney, then the Legislature has no authority to withdraw an 235 ---PAGE BREAK--- action, however the Legislature can make a request, indicating their position on the matter. Ms. Briggs said the Legislature never took action to forward the report to the District Attorney, or to allow Mr. Purser to take action on a counter suit against Mr. Dayton. The clerk agreed, and said the Legislature never did vote on those actions, and said the investigation was referred to the District Attorney by a motion of the Special Investigation Committee on July 24, upon receipt of the report by the Legislature on July 26. The report was hand delivered July 30. Ms. Briggs said she does not think the investigation committee had the authority to refer the report to the District Attorney, therefore bypassing the full legislature. Mr. Natoli said he does not think the County Attorney has the right to file a counter suit without the approval of the Legislature. Mr. Purser said he does not come to the Legislature for approval every time he defends the County, and that the counter suit is part of the lawsuit that was brought by Mr. Dayton. He said any further discussion regarding the pending litigation would require an executive session. Mr. Willcox made a motion to go into executive session to discuss pending litigation. Second by Mr. Pace. Chairman Park called for a roll call vote. Legislators Arnold, Boyden, Cobb, Fuller, Pace, parker, Ross, Spaulding, Whitney, Willcox and Park voting in favor. Legislators Briggs, Bushnell, Cornell, Hartnett, Natoli, Price, Troy and Wheelock voting against. The motion was approved with a weighted vote of 28,377. The Legislature held and Executive Session. Following the Executive Session, Mr. Willcox made a motion to end debate on the resolution and call the question. Seconded by Mr. Pace. Chairman Park called for a roll call vote to end debate and call the question. Legislators Cobb, Fuller, Pace, Ross, Spaulding, Willcox and Park voting in favor. Legislators Arnold, Boyden, Briggs, Bushnell, Cornell, Hartnett, Natoli, parker, Price, Troy, Wheelock and Whitney opposed. The motion failed with a weighted vote of 17,093. Mr. Parker made a motion to amend the resolution, breaking it into two separate actions. The first resolution would request no further action by the Tompkins County District Attorney regarding the investigative report, while the second would deal with the court proceedings of Mr. Dayton’s lawsuit, dropping the counter claim and offering a settlement. Second by Mr. Troy. Chairman Park called for a roll call vote. Legislators Arnold, Boyden, Fuller, Pace, parker, Ross, Troy, Whitney and Park voting in favor. Legislators Briggs, Bushnell, Cobb, Cornell, Hartnett, Natoli, Price, Spaulding, Wheelock and Willcox opposed. The motion failed with a weighted vote of 23,710. Chairman Park called for a roll call vote on the original resolution. Ms. Briggs said that all legislators will soon be deposed by Mr. Dayton’s attorney. She said the County’s Management Compensation Plan needs to be addressed to ensure that this doesn’t happen again. Mr. Willcox made a motion to call the question. Second by Mr. Hartnett. Chairman Park called for a roll call vote. All members voting in favor, except Legislators Cobb, Natoli and Spaulding. The motion was approved with a weighted vote of 41,598. Chairman Park called for a roll call vote on the original resolution. Legislators Boyden, Briggs, Bushnell, Cornell, Hartnett, Natoli, Parker, Price and Wheelock voting in favor. Legislators Arnold, Cobb, Fuller, Pace, Ross, Spaulding, Troy, Whitney, Willcox and Park opposed. The motion failed, with a weighted vote of 22,959. On motion of Mr. Willcox, second by Mr. Troy, Agenda Item No. 29 was introduced. Mr. Willcox said this is an annual agreement to treat the county’s boilers. All members voting in favor, except Mr. Natoli, who was opposed. Agenda Item No. 29 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 287-12 Accept Proposal/Authorize Agreement Water Treatment Boilers Buildings and Grounds Department 236 ---PAGE BREAK--- WHEREAS, the Buildings and Grounds Committee has received a proposal for treating water for Boilers & Cooling Towers from Integrated Water Management, Inc. 289 Cortland Road, Dryden, N.Y. 13053 to include service and chemical, 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, Integrated Water Management, Inc. for a sum of $225.00 per month for five years for a Total of $5,400 to be paid from Account No. A16205.54015, Maintenance Agreements & Repairs, total of $2,700.00 per year through December 31, 2017. On motion of Mr. Willcox, second by Mr. Troy, Agenda Item No. 30 was introduced. All members voting in favor, except Ms. Briggs and Mr. Natoli, who were opposed. Agenda Item No. 30 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 288-12 Accept Proposal/Authorize Agreement Siemens Industry, Inc. Buildings and Grounds Department WHEREAS, the Buildings & Grounds Department has solicited, received and reviewed proposals from Penn Power Systems, Siemens Industry Inc, and Kraft Power Corporation, NOTE – Kingsley Power was solicited but failed to forward a proposal AND, WHERAS, Siemens Industry, Inc., 85 Northpointe Parkway, Ste. 8, Amherst, N.Y. 14228 has provided the low estimate of $3,005.00 for 2013, $3095.15 for 2014, $3,188.00 for 2015, $3,283.64 for 2016, and $3,382.15 for 2017, AND WHEREAS, the Buildings and Grounds Committee has reviewed the proposal and agrees with the recommendation, NOW THEREFORE BE IT, RESOLVED, that this Legislature hereby authorizes the Chairman of this Legislature, upon approval of the County Attorney, to enter into an agreement with Siemens Industry, In. for the sums previously identified for the years 01/01/2013 through 12/31/2017 funded from Account No. A16205- 54015, Maintenance Agreements & Repairs, to perform preventative maintenance on the standby generators at the County Office Building , Court House, Highway Garage, Highway Office, PSB, Virgil and Solon Communication Towers, and Cortland County Landfill. On motion of Mr. Willcox, second by Mr. Ross, Agenda Item No. 31 was introduced. All members voting in favor, except Mr. Natoli, who was opposed. Agenda Item No. 31 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 289-12 Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc Buildings and Grounds Department WHEREAS, the Buildings & Grounds Department has solicited, received and reviewed proposals from Pleasant Valley Electric, Inc., Simplex Grinnell, Integrated Security& Safety Systems, and ABJ Fire Protection Co. for replacement of the Fire Alarm Panel in the Cortland County Court House, AND 237 ---PAGE BREAK--- WHERAS, Pleasant Valley Electric, Inc., 405 Third St., Ithaca, N.Y. 14850 has presented the lowest cost estimate for installing an addressable fire alarm panel at a proposed cost of $5,312.00, AND WHEREAS, the Buildings and Grounds Committee has reviewed the proposal and agrees with the recommendation, NOW THEREFORE BE IT RESOLVED, that this Legislature hereby authorizes the Chairman of this Legislature, upon approval of the County Attorney, to enter into an agreement with Pleasant Valley Electric, Inc. to replace the fire alarm panel at the Cortland County Court House and to be paid for from Account A16205-54076, B&G Expenses. On motion of Mr. Willcox, second by Ms. Price, Agenda Item No. 32 was introduced. Mr. Murphy said that this is the same program that saved the County money in other buildings through reduced utility bills. All members voting in favor, none opposed. Agenda Item No. 32 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 290-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid Small Business Program regarding rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, the Buildings & Grounds Committee has reviewed those proposals and recommends participating in the National Grid Small Business Program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, 7 Clayton Ave, Cortland, N.Y. has been identified as eligible, AND WHEREAS, there is the need to complete lighting retrofit work at 7 Clayton Ave. Cortland, N.Y. at a cost of $7,148.16 resulting in an annual savings of $2,1398.08, with the County’s contribution of $2,144.45 and a National Grid Contribution of $5,003.71 AND WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $1,822.78 to take advantage of the 15% discount offered under the program, to be funded from Acc# A16205 5200 1622 Capital equipment, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter an agreement with National Grid Small Business Program to participate in a rebate program associated with a lighting retrofit project. On motion of Mr. Willcox, second by Mr. Wheelock, Agenda Item No. 33 was introduced. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 291-12 Accept Proposal/Authorize Agreement Buildings And Grounds 238 ---PAGE BREAK--- Ehrlich Pest Control WHEREAS, the Cortland County Buildings and Grounds Committee is desirous in continuing its efforts to thwart the crow infestation on and around its County Office Building and Courthouse, AND, WHEREAS, 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 two additional misters and its Migrate Aerial Treatment increased to times per week the first two weeks and times per week for the next two weeks, 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 $11,890.00, AND WHEREAS, the New York State Department of Conservation has implemented a requirement for daily monitoring for the (30) thirty day treatment time period at an additional cost of $2,250.00, NOW THEREFORE BE IT RESOLVED, that the Cortland Legislature accepts Enrlich’s proposals 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 $14,140.00, 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. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 34 was introduced. All members voting in favor, except Ms. Briggs and Mr. Natoli, who were opposed. Agenda Item No. 34 became: ON MOTION OF MR. PACE RESOLUTION NO. 292-12 Authorize Additional Payment Of Legal Fees To Outside Counsel For Cortland County And The Cortland County Legislature Regarding Eminent Domain Proceeding WHEREAS, the County Highway Department was authorized by Resolution 71-10 to acquire necessary property rights for the purpose of removing Obstructions to Aviation at Cortland County Airport, under FAA Grant No. AIP 3-36-0017-16-1 and NYDOT PIN 3903.46, AND WHEREAS, the County Highway Department was authorized by Resolution 357-11 to retain the services of Patrick Snyder, Esq. as legal counsel for the County of Cortland at an initial cost not to exceed $8,000.00, AND WHEREAS, Patrick Snyder has successfully concluded the acquisition portion of the Eminent Domain proceeding in this matter on behalf of Cortland County and submitted an invoice for said legal services in the amount of $8,402.71, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the payment of an additional $402.71 to Patrick Snyder, Esq. On motion of Mr. Pace, second by Ms. Price, Agenda Item No. 35 was introduced. Mr. Pace said that this work is required to complete the transaction between the County and HCR for the Certified Home Health Agency. All members voting in favor; none opposed. Agenda Item No. 35 became: 239 ---PAGE BREAK--- ON THE MOTION OF MR. PACE RESOLUTION NO. 293-12 Authorize Agreement Cortland County Health Department/Nursing Division Jack Venesky, CPA WHEREAS, the Certified Home Health Agency (CHHA), serving as the CHHA is required to prepare a cost reports for Medicaid and/or Medicare for the period January 1, 2012, through March 18, 2012, AND WHEREAS, preparation of said reports requires specialized software and must be certified upon completion by an independent auditor, AND WHEREAS, Jack Venesky, CPA and Associates specializes in consulting with government-owned CHHAs for the preparation and interpretation of financial and statistical reports used in the development, implementation, and refinement of a business plan which maximizes third party revenues and in preparation of said cost reports, AND WHEREAS, Jack Venesky CPA, has provided the CHHA with the specialized software required to prepare the required cost reports, has served the CHHA as the independent auditor for certification of the cost reports, and is able to provide the necessary professional accounting and auditing services, NOW THEREFORE BET IT RESOLVED, that the 2012 County Budget be amended as follows: Increase: Expenses: A40115.54055 Professional Services $12,000 Decrease: Expenses: A29605.54445 Tuition $12,000 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, upon review and approval of the County Attorney, are hereby authorized to enter into an agreement with Jack Venesky, CPA, to provide cost report software, consulting, and auditing services for the CHHA for cost reporting period January 1, 2012, through March 18, 2012 for the fee of $12,000. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 36 was introduced. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. PACE RESOLUTION NO. 294-12 Resolution Calling For The Governor And State Legislature To Compensate Counties For State-Mandated District Attorney’s Salaries 240 ---PAGE BREAK--- WHEREAS, salaries of full time district attorneys and the clerks of the five boroughs of New York City are statutorily tied to those of New York State judges and justices in the Unified Court System, AND WHEREAS, when salaries increase for judges and justices, counties are mandated to raise the salaries of their district attorneys as required under section 183-a of the Judiciary Law, AND WHEREAS, New York State has significantly increased judges’ salaries over the next three years, forcing counties to increase pay for district attorneys, AND WHEREAS, this increased State mandate requires Cortland County to raise the salary of the district attorney from $119,200 in 2011 to $152,500 by 2014, AND WHEREAS, although the State pays the entire salary and benefits of judges and justices, the State only provides supplemental appropriations to counties to partially cover the cost of State-mandated pay for local district attorneys, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature calls upon the Governor and the State Legislature to reimburse counties for the entire amount of district attorneys’ mandated pay and its associated retirement and social security costs, leaving counties responsible only for any portion of district attorneys’ compensation that exceeds the State’s mandated amount, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward certified copies of this Resolution to Governor Andrew M. Cuomo, State Senator James Seward, and Assembly-Members Barbara Lifton, Brian Kolb and Gary Finch, and the New York State Association of Counties. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 37 was introduced. Mr. Pace said because the services were court ordered, the County has little choice but to pay for it. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. PACE RESOLUTION NO. 295-12 Amend 2012 Budget/Mental Health Evaluations WHEREAS, Cortland County has received invoices from County, Family and Surrogate Court Justice Hon. William F. Ames for forensic evaluations and expert testimony in court proceedings, AND WHEREAS, payment of said invoices totaled $6,000 and has put a deficit in the Mental Health budget, NOW, THEREFORE BE IT RESOLVED that the 2012 budget be amended as follows: Increase A43105 54500 4200 Medical Fees & Services $6,000.00 Decrease A19905 54775 Contingency $6,000.00 241 ---PAGE BREAK--- Adjournment On motion of Mr. Hartnett, Mr. Park adjourned the meeting. Cortland County Legislature October 25, 2012 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing on proposed Local Law No. 5 of 2012 – A Local Law Establishing Procedures for Leasing County Property at the Cortland County Airport – Gen Levi R. Chase Field. The Clerk read the legal notice advertising the meeting. As there was no one present who wished to speak, Chairman Park closed the meeting. Order of Business Chairman Park opened the regular 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 September 27, 2012 Regular Meeting. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Presentation of Petitions, Communications and Notices Chairman Park called on Gareth McDonald from TCI Renewables to give an update on the proposed Crown City Wind Farm project. Mr. McDonald admitted that TCI should have started the SEQR process sooner. He said amendments have been made to the Draft Environmental Impact Statement and that TCI believes the document is adequate for public review. He said a summary document of the mitigations of potential environmental impacts addressed in the DEIS. TCI also provided a response to all the comments provided at the Oct. 11 Ag & Planning meeting, showing how and where the concerns were addressed in the revised DEIS. He said that without a determination of adequacy, “the project dies.” He said the County still has concerns regarding any potential impacts of turbines on the Interoperable Communications System, which TCI has committed to mitigating. Mr. Brett O’Connor said that TCI has been removed from the NYISO queue, but have been given a grace period of 15 business days (until Nov. 1) to achieve the regulatory milestone of having a DEIS declared adequate for public review. He said being removed from the queue will require having interconnection studies redone as to how TCI would provide power to the grid, which could take nearly two years. Mr. Pat Snyder said there are three major steps of SEQR are determining adequacy of the DEIS, preparing the Final EIS, and issuing of findings. He said SEQRA gives the lead agency 45 days to determine adequacy, so he recommended making a formal determination by resolution that the DEIS is adequate, or that it is inadequate based on the findings of the Oct. 11 Ag & Planning meeting. Mr. Snyder said a minimum of 30 days is required for the public to review the DEIS, once deemed adequate, but there is no maximum amount of time. Ms. Arnold suggested voting on the DEIS and declaring it inadequate. Mr. Park said that he would like to call a special meeting of the legislature on Oct. 30 at 6 p.m., to determine adequacy or not. Mr. Ross will call a meeting of Ag & Planning at 4:30 p.m., prior to the special meeting. 242 ---PAGE BREAK--- Privilege of the Floor Mr. Victor Siegle spoke about the SEQR process, saying that a vote is not necessary to determine adequacy of the DEIS, and that the findings provided Oct 11 should have stopped the 45-day review period, and the re- submission of the revised DEIS would have started a 30-day review period. He said the DEIS must address alternatives, one of which is creating a sub-station to tap into the electricity provided by the James Bay Project, a hydro-power plant in Canada. Mr. Michael said the legislature should not be considering determining the inadequacy of the original DEIS when the revised DEIS has already been submitted. He said the DEIS should not be declared adequate until the Office of Parks, Recreation and Historic Preservation has issued a declaration of no significance. Mr. Jeff Zarnowski of Truxton said he has a wind mill in his back yard, and that the level of noise and light flicker being discussed are being exaggerated, and that the alleged effect on animals is also false, as turkey and deer are often seen directly under the windmill. He said all changes causes some environmental effects. He said trains go throughout the entire country and cause a much larger noise and environmental impact than a wind farm would. He said PILOT agreements have not been reviewed or discussed and would have a positive impact on the tax base in Cortland County. Mr. Mike Joyner of McGraw said he lives next door to Mr. Zarnowski, and he can hear the windmill if the wind is over 30 miles per hour. He said he has visited the windmill farm in Fenner which produced very little noise. He said that deer, turkey and other wild animals walk through cities and up to homes, and that a wind mill would not effect the animal population. He asked the legislature to rely on facts, not scare tactics. Ms. Lisa Soshinsky of McGraw encouraged the legislature to declare the DEIS adequate for public review to allow the project to move forward and allow the public an opportunity to review the details of the windfarm. She said renewable energy such as windmills will be an essential source in the future. Mr. Karl Klein of Solon said his home is nearly energy independent, and encouraged the SEQR process to move forward and declare the DEIS adequate for public review. He said the alternative of windmills will be additional coal being burned, more nuclear power and more reliance on fossil fuels. New Business Mr. Murphy said the 2013 tentative budget proposes a tax levy increase of 2.77%, and as directed by the legislature the budget is within the 2% property tax cap, with about $38,000 to spare. The budget also reduces the constitutional taxing limit by He clarified a statement about the senior centers, saying that the centers will remain open for all hours they are now, however the hours worked by center aids will be reduced. He said two new sheriff deputies are being added to the budget. Mr. Pace will be scheduling budget review sessions with the Budget & Finance Committee. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 1 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 296-12 Appoint Member Community Services Board Developmental Disabilities Subcommittee 243 ---PAGE BREAK--- WHEREAS, the By-laws of the Cortland County Community Services Board, Article 3, Section 1 states that the Board shall have separate Subcommittees for Mental Health, Developmental Disabilities, and Chemical Dependency, each having no more than nine members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Subcommittee shall be four years except for the vacancies of unexpired terms, AND WHEREAS, Mr. Pace has agreed to resign his membership and serve the Subcommittee as an ex- officio member, NOW THERFORE BE IT RESOLVED, that the following Developmental Disabilities Subcommittee appointment be made: NAME/ADDRESS TERM EXPIRATION Regina Grantham 12/31/2015 4059 Quail Ridge Rd Cortland NY 13045 On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 2 was introduced. Planning Director Dan Dineen said the County Planning Board consists of 11 members, plust three ex-officio members. There can not be more than one member from each municipality, except the City of Cortland can have up to 5 members. Also, there can be no more than six members from the same political party. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION NO. 297-12 Appoint Member Cortland County Planning Board Danny Ross WHEREAS, the terms of office set by Local Law 1975-3 established four year terms for the Cortland County Planning Board, AND WHEREAS, a vacancy exists on the board, the above named has expressed an interest in serving on the Cortland County and the Planning Board, NOW THEREFORE BE IT RESOLVED, that Danny Ross, 8 Church Street, McGraw, NY is hereby appointed to the Cortland County Planning Board for a four year term, effective November 1, 2012 through October 31, 2016. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 3 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 298-12 Appoint Members to Agricultural and Farmland Protection Board BE IT RESOLVED, that the following persons be and hereby are appointed to the Agricultural and Farmland Protection Board as follows: 244 ---PAGE BREAK--- Name New Term Ending Danny Ross 10/25/2012 to 12/31/13 8 Church Street McGraw, NY 13101 William Weddle 10/25/2012 to 10/24/2016 5249 State Route 281 Homer, NY 13077 Tina Whiteman 10/25/2012 to 10/24/2016 Farm Service Agency 1 N. Main St. Cortland, NY 13045 Eduard Kossmann 10/25/2012 to 10/24/2016 Cooperative Extension 60 Central Ave. Cortland, NY 13045 Eugene Wright 10/25/2012 to 12/31/14 5155 Brake Hill Road Homer, NY 13077 On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 4 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 299-12 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 January 1, 2012 through December 31, 2012, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Expenses: A67745-54007 4340 Custodial/Household Supplies +$1,600.00 A67745-54078 4340 Fuel +$7,500.00 A67745-54300 4340 Vehicle Expense +$7,500.00 A67745-54400 4340 Food +$7,000.00 Revenues: A6774 4 1972 4340 IIIC Donations +$15,800.00 A6774 4 1972 4341 SNAP Donations 3,200.00 245 ---PAGE BREAK--- A6774 4 1972 4342 Nutrition Program Contracts 4,600.00 On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 300-12 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 in 2013 for or with the following: 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, second by Mr. Troy, Agenda Item No. 6 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MS. PRICE RESOLUTION NO. 301-12 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 $23,206 to continue the Breast and Cervical Cancer Early Detection Program for the period 6/30/12 – 6/29/13 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 246 ---PAGE BREAK--- WHEREAS, $23,206 is already in the 2012 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 Health Research, Inc. to accept these funds. On motion of Ms. Price, second by Mr. Bushnell, Agenda Item No. 7 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MS. PRICE RESOLUTION NO. 302-12 Authorize Agreement Health Department/Administration (Agreement of Referral STAP) WHEREAS, the Southern Tier AIDS Program (STAP) is required by New York State to have an agreement with the Cortland County Health Department in order to receive payments and grant awards for providing referral services, AND WHEREAS, the Cortland County Health Department wishes to enter into an agreement with Southern Tier Aids Program, Inc. to provide the referral services, AND WHEREAS, said referral services are necessary to provide intake, case management, education, housing, treatment for Cortland County residents with HIV/AIDS or Hepatitis C regardless of whether or not they become a client of STAP, AND WHEREAS, this agreement is for referral services only and there is no cost to the County for this agreement, nor is there any money received for referrals, AND WHEREAS, the term of the agreement will remain in full force and effect indefinitely from the date of execution, 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 Southern Tier Aids Program, Inc., 122 Baldwin Street, Johnson City, New York 13790, to accept these funds. On motion of Ms. Price, second by Mr. Bushnell, Agenda Item No. 8 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MS. PRICE RESOLUTION NO. 303-12 Health Department Abolish Full-time Medical Services Clerk/Health Department WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Medical Services Clerk/Health Department, AND 247 ---PAGE BREAK--- WHEREAS, the Health and Budget & Finance Committees recommend the abolition of this position, NOW THEREFORE BE IT RESOLVED, that one full-time position of Medical Services Clerk/ Health Department (CSEA grade 8, $14.2304-17.3135/HR., competitive class) be and hereby is abolished effective at the end of the day on October 26, 2012. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 9 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MS. PRICE RESOLUTION NO. 304-12 Authorize/Renew Agreement/Accept Grant Funds Mental Health Department WHEREAS, the Cortland County Mental Health Department had been selected to receive funding from the New York State Office of Mental Health to support the developments of an Early Recognition, Coordination and Screening Process in Cortland County, AND WHEREAS, the New York State Office of Mental Health will provide annual funding for the program in the amount of $112,460.00 in 2013 to continue to employ one FTE staff dedicated to the process, and resources to support the continuance of a Cortland County 211 information referral system, 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. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MS. PRICE RESOLUTION NO. 305-12 Accept Funds/Amend 2012 Budget Catholic Charities WHEREAS, the New York State Office of Mental Health has approved additional funding for Catholic Charities in 2012 in the amount of $3,837.00 in order to add a new bed to their supported housing program, NOW THEREFORE BE IT RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: A 43105 54870 4215 Catholic Charities HCCA (OMH) $3,837.00 Revenues: A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH $3,837.00 248 ---PAGE BREAK--- On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 11 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MS. PRICE RESOLUTION NO. 306-12 Amend Budget Department of Social Services (Daycare) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2012 Budget, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.56109 Program-Family Assistance $90,000 Increase: Expense: A60105.56055 Program-Daycare $90,000 On motion of Ms. Price, second by Mr. Bushnell, Agenda Item No. 12 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MS. PRICE RESOLUTION NO. 307-12 Amend Budget Department of Social Services (Medical Assistance) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2012 Budget, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.56109 Program-Family Assistance $12,000 Increase: Expense: A60105.56101 Program-Medical Assistance $12,000 On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 13 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MS. PRICE RESOLUTION NO. 308-12 Amend Budget 249 ---PAGE BREAK--- Department of Social Services (Services for Recipients) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2012 Budget, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Decrease: Expense: A60105.56123 Program-JD/PINS $85,000 Increase: Expense: A60105.56070 Program-Services for Recipients $85,000 On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 14 was introduced. There was no discussion. Agenda Item No. 14 became: ON MOTION OF MS. PRICE RESOLUTION NO. 309-12 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 2013 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. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 15 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MS. PRICE RESOLUTION NO. 310-12 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 2013 for foster care and adoption services with foster care and adoption agencies and/or foster care parents licensed or otherwise authorized by the New York State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that the said agreements shall be contingent upon the approval of the County Attorney or designee and subject to appropriation of funding by the Legislature. 250 ---PAGE BREAK--- On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 16 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MS. PRICE RESOLUTION NO. 311-12 Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or designee and subject to appropriation of funding by the Legislature, be and hereby is authorized to execute agreements between 1/1/13 and 12/31/13 for or with the following: All Metro Health Care Catholic Charities Community Action Program (CAPCO) Cornell Cooperative Extension for Cortland County Cortland County Area Office for Aging Cortland County Central Services Cortland County District Attorney Cortland County Probation Department Cortland County Sheriff’s Department DNA Diagnostic Center, Inc. Elmcrest Children’s Services Family Counseling Services First Transit d/b/a Cortland Transit Home Care for Cortland County Jennifer Genovese, ACSW, LCSW J.M. Murray Center L. Woerner, Inc. dba Home Care of Rochester Legal Aid Society of Mid-New York Legal Consultants/Attorneys LexisNexis Risk Solutions FL, Inc. Liberty Resources Lifeline Systems, Inc. MedRev Recoveries Photo Micrographics, Inc. Skeele Valley Detention Center Stafking Healthcare Systems, Inc. YWCA On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 17 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MS. PRICE RESOLUTION NO. 312-12 Authorize Agreements Department of Social Services (Work Experience Work Sites) 251 ---PAGE BREAK--- RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or designee, be and hereby is authorized and directed to execute contractual agreements from 1/1/13 through 12/31/13 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. Fuller, second by Mr. Ross, Agenda Item No. 18 was introduced. There was no discussion. All members voting in favor, except Ms. Briggs, Cornell, Boyden and Willcox, who were opposed. Agenda Item No. 18 became: ON MOTION OF MR. FULLER RESOLUTION NO. 313-12 Adopt Local Law No. 5 for the Year 2012 WHEREAS, the County desires to adopt a local law to establish procedures for leasing property at Cortland County Airport – Gen Levi R. Chase Field and streamline leasing of airport property in order to maximize revenues and beneficial uses of the airport property and facilities and to continue financial and operational success of the airport, AND WHEREAS, the Cortland County Airport Advisory Board reviewed and recommended adoption of the attached Local Law, AND WHEREAS, the Highway Committee of the Cortland County Legislature has reviewed and recommended adoption of the attached Local Law, AND WHEREAS, the law sat the required seven days on legislators’ desks, a public hearing was held October 25, 2012, and proper notice of said public hearing was provided, NOW THEREFORE BE IT RESOLVED, that, upon approval of the County Attorney, the attached local law, titled Local Law No. 6 of 2012 - “A Local Law Establishing Procedures for Leasing County Property at the Cortland County Airport – Gen. Levi R. Chase Field” is hereby adopted by the Cortland County Legislature Proposed Local Law No. 5 of 2012 - “A Local Law Establishing Procedures for Leasing County Property at the Cortland County Airport – Gen. Levi R. Chase Field” Be it enacted by the County Legislature of the County of Cortland as follows: 252 ---PAGE BREAK--- Section 1. The County of Cortland owns the Cortland County Airport in the Town of Cortlandville, and there are numerous hangars, facilities, and other resources of the airport which are currently under a lease or rental agreement. Section 2. It is essential that qualified aviation businesses be located on the airport premises in order to ensure the continued financial success of the airport. Section 3. The Legislature finds that it is in the public interest to streamline the airport leasing procedures, in order to maximize revenues and beneficial uses of the airport facilities. Section 4. The Airport Manager, with the assistance of the Airport Advisory Board and the approval of the Highway Committee of this body, is hereby authorized to negotiate proposed leases of hangars, facilities, and other resources at the Cortland County Airport. Any such proposed lease shall be subject to approval by the full legislature. Section 5. Any Lease shall be consistent with the current approved Airport Master Plan, and the term of any lease shall not exceed five years. Section 6. No such lease shall require public bidding. Section 7. No such lease shall require a public hearing unless a public hearing is found to be necessary by the Legislature. Section 8. This Local Law shall supersede General municipal Law section 352 and County Law Section 215, to the extent that it is inconsistent with either law. Section 9. In accordance with Municipal Home Rule Law Section 24, this Local Law shall be subject to a referendum on petition. Section 10. This Local law shall take effect 45 days from its enactment, or as otherwise provided for in Municipal Home Rule law Section 24. On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 19 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. FULLER RESOLUTION NO. 314-12 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 253 ---PAGE BREAK--- 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, 2015, 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. On motion of Mr. Troy, second by Mr. Bushnell, Agenda Item No. 20 was introduced. Mr. Troy said the JM Murray Center is the current manager of the Recycling Center, and they have done a very good job, and this change is based on issues out of their control, such as volume of recyclables and the inevitable change from dual to single-stream recycling. Casella can accept single-stream recycling and will transfer material from the County site to an off-site facility, thus saving the use and maintenance of County equipment. He said that SUNY Cortland will be switching to a single-stream program which would further reduce the volume at the recycling center under current operations. Mr. Willcox said he has contacted the hospital and they indicated they will also be switching to a single-stream program. Mr. Ross said that the County should have been setting aside more money for maintenance and repairs of the equipment at the Recycling Center, and this move will save the County from these necessary improvements. Ms. Briggs asked what the cost would be for the County to run a single-stream recycling program at the center. Highway Superintendent Don Chambers said the County would need to purchase a tractor trailer and large conveyor truck to haul material to anther material, as well as a specialized loader to load the materials. The estimated cost would between $400,000 and $500,000, as well as personnel to do the work. Ms. Price thanked the JM Murray Center for their good work. Ms. Price disclosed that her son-in-law drives a truck for Casella and asked if she should recuse herself from voting. Mr. Purser told her that was not necessary. All members voting in favor, except Ms. Briggs, who was opposed. Agenda Item No. 20 became: ON MOTION OF MR. TROY RESOLUTION NO. 315-12 Award Contract Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials Recycling Center/Highway Department WHEREAS, the Cortland County Highway Superintendent advertised for proposals for: The Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials from the Cortland County Recycling Facility, AND WHEREAS, the proposal documents requested a proposal for the Load, Transfer, Haul, Facility Maintenance & Operational Staff, AND WHEREAS, the Cortland County Highway Superintendent received the following bids: COMPANY NAME AMOUNT OF PROPOSAL Casella Recycling, LLC $10,333.00 Fee 798 Cascadilla Street $3,600 estimated revenue Ithaca, NY 14850 , NOW THEREFORE BE IT 254 ---PAGE BREAK--- RESOLVED, that in accordance with the recommendations of the Solid Waste Committee, the County Legislature hereby awards the contract for the Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials to Casella Recycling, LLC, 798 Cascadilla Street, Ithaca, NY 14850 for a three year term from January 1, 2013 to December 31, 2015, AND BE IT FURTHER RESOLVED, that upon mutual agreement of Casella Recycling, LLC and Cortland County, the contract may be extended three times, every three years beginning January 1, 2016, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute the necessary agreements for said contract, AND BE IT FURTHER RESOLVED, that all revenues associated with the Receipt, Processing, Marketing, Transfer and Hauling of Recyclable Materials from the Cortland County Recycling Center shall be credited to account #EL816142.42130 and fee of $10,333.00 shall be charge to account #EL81615.54055. On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 21 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. ROSS RESOLUTION NO. 316-12 Authorize Assigning Village of Homer House Numbers Cortland County Planning Department WHEREAS, Resolution 245-85 authorized the Cortland County Planning Department to assume responsibility for a Uniform House Numbering House System for Cortland County for areas of the County outside of villages and the City of Cortland, AND WHEREAS, the intent of this resolution was to assure that there was a uniform house numbering system in Cortland County for the quick response of emergency services and for providing a specific address location for the delivery of all types of other services including U.S. mail, AND WHEREAS, it has been recognized that there is no central agency in the Villages or the City of Cortland which is responsible for assigning house numbers, AND WHEREAS, Resolution 366-06 authorized the Cortland County Planning Department to assume responsibility for assigning house numbers in the Village of McGraw, AND WHEREAS, on September 17, 2012, the Cortland County Planning Department received a letter from the Village of Homer Board of Trustees requesting that the Cortland County Planning Department assign house numbers to properties in the Village of Homer, NOW THEREFORE BE IT RESOLVED, that to provide uniform house numbering to the Village of Homer, the Cortland County Planning Department hereby is assigned the responsibility for assigning house numbers in the Village of Homer, Cortland County. On motion of Mr. Ross, second by Ms. Price, Agenda Item No. 22 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 22 became: 255 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 317-12 Accept Payment from Twin Bridges Snowmobile Club Snowmobile Trail Maintenance Fund Planning Department WHEREAS, Cortland County under Section 27.17 of the State Parks, Recreation and Historic Preservation Law applied for and received grant funding for Snowmobile Trail Development and Maintenance for the period of April 1, 2011 to March 31, 2012, AND WHEREAS, Cortland County was approved for 292 funded trail miles and 11 high snow miles, which total $103,280 in grant funding for the Snowmobile Trail Development and Maintenance Funding, AND WHEREAS, the Snowmobile Trail Development and Maintenance Funding is distributed to the nine Cortland County clubs in a 70% payment in January and a 30% payment in September, AND WHEREAS, the total grant funding was adjusted to $97,748.99 to reflect decreased amount of trail maintenance necessary due to the limited amount of snowfall for the 2011-2012 season, AND WHEREAS, Twin Bridges Snowmobile Club was only eligible for a limited amount of funding for the 2011-2012 season, which was less then the 70% payment in January, AND WHEREAS, Cortland County has received payment in the amount of $1,348.20 from Twin Bridges Snowmobile Club as reimbursement towards the Snowmobile Trail Development and Maintenance Funding, AND WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation have deducted $1,348.20 from the NY State voucher to reflect Twin Bridges reimbursement to Cortland County, NOW THEREFORE BE IT RESOLVED, that $1,348.20 is received from Twin Bridges Snowmobile Club to be deposited into the Snowmobile Revenue account A80205-54080 On motion of Mr. Ross, second by Mr. Bushnell, Agenda Item No. 23 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. ROSS RESOLUTION NO. 318-12 Accept Grant/Authorize Agreements/Amend 2012 Budget New York State Department of Transportation (NYSDOT) Section 5316 – Job Access and Reverse Commute (JARC) Cortland County Planning Department WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1), AND 256 ---PAGE BREAK--- WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase access for recipients of public assistance and low income persons to employment, as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND WHEREAS, Resolution No.138-11 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 incomes, AND WHEREAS, Seven Valleys Health Coalition will serve as the project manager and will be responsible for continuing the mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and continuing the Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies, AND WHEREAS, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement for the above named project for the following: 1) Any and all Agreements between Cortland County and the State of New York for the above named project. 2) Any and all Agreements between Cortland County and any third party subcontractors necessary to complete the project. 3) Any municipality/vendor contracts for the purchase and/or installation of vehicles and/or equipment or facilities , AND BE IT FURTHER RESOLVED, that the 2012 County Budget is hereby amended to reflect the revisions by the New York State Department of Transportation to amount of Federal, State and local funding allotted for this project: 5317 JARC - (Low Income) A80205-54055-8021 $318,723 5317 JARC – (Low Income) - Local Match A802042.42189.8021 $127,804 5317 JARC (Low Income) - Federal Match A802043.43594.8021 $190,919 On motion of Mr. Ross, second by Ms. Price, Agenda Item No. 24 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 24 became: 257 ---PAGE BREAK--- ON MOTION OF MR. ROSS RESOLUTION NO. 319-12 Accept Grant Application/Authorize Agreements/Amend 2012 Budget Agreement New York State Department of Transportation (NYSDOT) 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, NYSDOT has been designated by the Governor of the State of New York to administer Section 5317 Federal formula reimbursement funds for new public transportation services and public transportation alternatives beyond those required by the American Disability Act of 1990 (ADA), that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services, as identified through a coordinated planning process, and consistent with eligible activities described in the FTA Circular 9045.1, AND WHEREAS, Resolution No.138-11 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, Seven Valleys Health Coalition will serve as the project manager and will continue with the mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and continue the Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies, AND WHEREAS, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement for the above named project for the following: 1) Any and all Agreements between Cortland County and the State of New York for the above named project. 2) Any and all Agreements between Cortland County and any third party subcontractors necessary to complete the project. 3) Any municipality/vendor contracts for the purchase and/or installation of vehicles and/or equipment or facilities , AND BE IT FURTHER 258 ---PAGE BREAK--- RESOLVED, that the 2012 County Budget is hereby amended to reflect the revisions by the New York State Department of Transportation to amount of Federal, State and Local funding allotted for this project: 5317 NF (ADA) A80205-54055-8022 $195,014 5317 NF (ADA) – Local Match A802042.42189.8022 $ 61,818 5317 NF (ADA) – Federal Match A802043.43594.8022 $133,196 On motion of Mr. Ross, second by Mr. Troy, Agenda Item No. 25 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. ROSS RESOLUTION NO. 320-12 Authorize Continuing Agreement for Federal Section 5311 Operating Assistance New York State Department of Transportation Planning Department WHEREAS, Section 5311 of Title 49, United States Code, provides federal financial assistance for public transportation in rural and small urban areas by way of a formula grant program to be administered by the States, AND WHEREAS, Cortland County may make application annually to the New York State Department of Transportation for such federal aid for operating assistance for a Project to provide public mass transportation service on a continuing basis in Cortland County as a fixed route and demand services with limited services to contiguous counties, AND WHEREAS, Cortland County desires to enter into a continuing agreement with the State of New York for the undertaking of the Project, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is authorized, upon County Attorney approval to sign a continuing agreement between Cortland County and the State of New York providing for the undertaking of the Project and authorizing annual grant applications for such Section 5311 funds, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is authorized to sign any contracts or agreements between Cortland County and any third party subcontractor necessary to complete the public transportation Project. On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 26 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PARK RESOLUTION NO. 321-12 Set November, December 2012 Meeting Dates 259 ---PAGE BREAK--- County Legislature WHEREAS, the Cortland County Legislature’s Rules of Order state that all regularly scheduled Legislative meetings shall be held on the fourth Thursday of each month at 6 p.m., AND WHEREAS, in accordance with the Rules of Order, the regularly scheduled meeting can be changed, by resolution, AND WHEREAS, it is necessary to change the regularly scheduled meeting in November and December due to conflicts with federal holidays, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature shall hold its regularly scheduled meetings November 20, 2012 and December 20, 2012 at 6:00 p.m. On motion of Mr. Park, second by Ms. Price, Agenda Item No. 27 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PARK RESOLUTION NO. 322-12 Amend County Health Insurance Plan Definition of Dependent WHEREAS, the current definition of dependent in the Cortland County Health Plan is “your child or legal spouse from whom you are not legally divorced or whose marriage has not been legally annulled. A common law spouse, civil union partner, same-sex spouse or domestic partner is not recognized as your legal spouse under the Plan, even if it is recognized in the State or municipality of residence,” AND WHEREAS, the Cortland County Legislature desires to amend the current definition of dependent in the Cortland County Health Plan to include spouses of all legal marriages, NOW THEREFORE BE IT RESOLVED, that the Cortland County Health Insurance Plan be amended effective September 1, 2012, to reflect the definition of dependent as “your child or legal spouse from whom you are not legally divorced or whose marriage has not been legally annulled. A common law spouse, civil union partner or domestic partner is not recognized as your legal spouse under the Plan, even if it is recognized in the State or municipality.” On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 28 was introduced. Mr. Murphy said there would need to be an executive session if the Legislature wanted to discuss the terms of the contract. There was no further discussion. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 323-12 Authorize Agreement Between the County of Cortland and the New York State Nurse’s Association Effective July 1, 2012 to June 30, 2016 WHEREAS, the Cortland County and New York State Nurse’s Association negotiating committees have met to negotiate a new contact, AND 260 ---PAGE BREAK--- WHEREAS, the negotiating committees have agreed on a new contract, AND WHEREAS, the Cortland County Nurse’s Association has ratified the contract on October 22, 2012, NOW, THEREFORE, BE IT RESOLVED, that the Cortland County Legislature hereby approves the attached contract. On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 29 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 324-12 Amend Resolution 39-12, 124-12 Authorize Agreement – Autopsy Services Lourdes Hospital WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from Our Lady of Lourdes Memorial Hospital, Inc., 169 Riverside Drive, Binghamton, New York 13905, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has increased the rates, and will only perform certain services as indicated below, thus requiring a contract with individual physicians performing autopsies, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature be and hereby is authorized to enter into an agreement, upon approval of the County Attorney, with Our Lady of Lourdes Memorial Hospital, Inc. for autopsy and forensic laboratory services for a term beginning Jan. 1, 2012 and expiring Dec. 31, 2012, as follows: Autopsy Fees: Morgue Fee Per Case $400.00 Special Fees: Alcohol Level: $115.50 Serum Drug Screen: $689.75 Radiographs: Skull Partial $285.85 Chest 2 views, Posterior and Lateral 2 views, Posterior $ 94.30 Spine Cervical, minimum of 4 views $421.25 Pelvis AP only AP Pelvis 1-2 views $ 90.25 Abd. Single Antero $184.30 261 ---PAGE BREAK--- On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 30 was introduced. There was not discussion. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 325-12 Authorize Agreements – Autopsy Services Various Physicians WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physicians, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has declined to sign a contract which includes the autopsy services of said physicians, thus requiring a contract with each physician, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature be and hereby is authorized and directed to enter into an agreement, upon approval of the County Attorney, with the following physicians to perform autopsy services for a term beginning Jan. 1, 2012 and expiring Dec. 31, 2012: Robin Eastman-Abaya, MD 169 Riverside Drive Binghamton, NY 13902 Michael Zur, MD 169 Riverside Drive Binghamton, NY 13902 Kazuko Nitta, MD 169 Riverside Drive Binghamton, NY 13902 James Terzian, MD 169 Riverside Drive Binghamton, NY 13902 Zarina Hernandez-Shipplic, MD 169 Riverside Drive Binghamton, NY 13902 On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 31 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 326-12 Authorize Agreement Fire & Emergency Management United Radio Service 262 ---PAGE BREAK--- WHEREAS, Cortland County currently has a three-year Radio Maintenance Agreement, which includes maintenance of the Ultra High Frequency (UHF) paging system, purchased from and installed by United Radio Service, 5706 Enterprise Parkway, East Syracuse, NY, 13057, which expires on 12/31/2012 per Resolution No. 250-09; Contract# 006-10, AND WHEREAS, upon the implementation of the new Interoperable Emergency Communications (IOEC) system, all radio equipment will be under an initial three-year warranty from the vendor, Motorola, Inc., therefore a radio maintenance agreement will no longer be needed, AND WHEREAS, the portion of current contract that pertains to the UHF paging system only, as stated in Appendix B of said contract, at a locked rate of $669.17/month will continue to be necessary as the UHF paging system will continue after the IOEC system is activated, NOW THEREFORE BE IT RESOLVED, that the County of Cortland enter into an agreement with United Radio Service, to extend the current contract for another three years, to expire on 12/31/2015, to provide maintenance of all UHF paging equipment purchased therein, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized to execute an agreement for 2013-2015 with United Radio Service, at the above-mentioned address, for UHF pager maintenance, the term of which will begin January 1, 2013 and end December 31, 2015, the sum of payments for the agreement is not to exceed $8,030.04 annually or $24,090.12 over the term of this agreement. On motion of Mr. Whitney, second by Mr. Cornell, Agenda Item No. 32 was introduced. There was not discussion. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 327-12 Authorize Agreement Fire & Emergency Management Office Fire Service Safety Testing, Inc. WHEREAS, the Cortland County Fire & Emergency Management Office, per the National Fire Protection Association (NFPA) 1932, Chapter 5, currently conducts a fire service ground ladder test and inspection annually of ground ladders used for fire service training at the Regional Training Center with Fire Service Safety Testing, Inc., 270 Huffer Road, Hilton, NY 14468, AND WHEREAS, the Cortland County Fire & Emergency Management Office desires to enter into a three year rate lock agreement with the above-mentioned vendor to perform this service, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized to execute an agreement for 2013-2015 with Fire Service Safety Testing, Inc., at the above-mentioned address, for ground ladder testing and inspection used for fire service training, for the term beginning January 1, 2013 and ending December 31, 2015, the sum of payments for the agreement not to exceed $561.60 annually or $1,684.80 over the term of this agreement. 263 ---PAGE BREAK--- On motion of Mr. Whitney, second by Ms. Cobb, Agenda Item No. 33 was introduced. There was no discussion. All embers voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 328-12 Authorize Agreement Fire & Emergency Management Tyler Fire Equipment WHEREAS, the Cortland County Fire & Emergency Management Office currently owns a Bauer Air Compressor, used for air quality testing for the Cortland County fire service respiratory program purchased from and installed by Tyler Fire Equipment, PO Box 4037, Elmira NY 14904-0037, an authorized vendor who conducts annual maintenance, air quality, and service procedures per National Fire Protection Association (NFPA) 1989, AND WHEREAS, the Cortland County Fire & Emergency Management Office desires to enter into a three year maintenance, air quality, and service agreement with Tyler Fire Equipment at the above-mentioned address, to perform this service, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, is hereby authorized to execute an agreement with Tyler Fire Equipment for the annual maintenance, air quality, and service procedures, for the term beginning January 1, 2013 and ending December 31, 2015, the sum of payments for the agreement not to exceed $1,908.00 annually/$5,724.00 for the three year term of this agreement. On motion of Mr. Whitney, second by Ms. Cobb, Agenda Item No. 34 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 329-12 Authorize Agreement Amendment Probation Department Electronic Monitoring (BI Incorporated) WHEREAS, there is a need to reduce the population of inmates at the Cortland County Jail, AND WHEREAS, electronic monitoring is an authorized and accepted method of providing Court-ordered supervision of offenders in the community, AND WHEREAS, Cortland County Probation Department has contracted with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, since 2005 and the latest contract, as authorized by Resolution 176- 08, and an Amendment to said contract, as authorized by Resolution 44-12, with said company expires December 31, 2012, AND WHEREAS, BI Incorporated has agreed to amend the previous contract for an additional one year period, January 1, 2013 and ending December 31, 2013, with no change in the current charges, AND WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for products services at no increase in costs from the previous contract, AND 264 ---PAGE BREAK--- WHEREAS, funds are available in account A3405.54055, Professional Services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute a one year amendment with BI Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, for the term January 1, 2013 through December 31, 2013, for the purpose electronic monitoring through the Cortland County Probation Department. On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 35 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 330-12 Authorize Agreement Probation Department (Medlab, Inc.) WHEREAS, it is necessary for the Cortland County Probation Department to conduct drug testing as required to enhance supervision and verification to enforce Probation Department client abstinence from the illegal use of chemical substances and provide court verification of compliance with probation terms and conditions, AND WHEREAS, Cortland County Probation Department has contracted with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, since 2005 and latest contract, as authorized by Resolution 413-07, and an Amendment to said contract, as authorized by Resolution 45-12, with said company expires December 31, 2012, AND WHEREAS, Medlab Inc. has agreed to amend the previous contract for an additional one year period, January 1, 2013 and ending December 31, 2013, with no change in the current charges, AND WHEREAS, the Cortland County Probation Department desires to continue to contract with said company for these services at no increase in costs from the previous contract, AND WHEREAS, funds are available in account A31405.54500, Medical Fees/Services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the County Attorney, be and hereby is authorized to execute a one year agreement with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, for the term January 1, 2013 through December 31, 2013, for the purpose on conduction drug testing in the Cortland County Probation Department. On motion of Mr. Whitney, second by Mr. Willcox, Agenda Item No. 36 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 331-12 Accept Grant/Amend Budget Homeland Security Grant Program 265 ---PAGE BREAK--- Sheriff's Department WHEREAS, the County of Cortland Sheriff’s Department has been awarded $30,082 from the WM2011 SLETPP (Law Enforcement Terrorism Prevention Program) NYS Comptroller’s Number T970012, 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 $30,082, AND BE IT FURTHER RESOLVED, that the 2012 County Budget be amended as follows: Increase: Revenue: A311043-43389 Weapons of Mass Destruction $30,082.00 Expense: A31105-52012-3100 Technical Equipment $30,082.00 , AND B E 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 September 01, 2011 to August 31 2014, whereby in consideration of the total sum $30,082 to the Cortland County Sheriff’s Department as set forth in said contract. On motion of Mr. Willcox, second by Mr. Troy, Agenda Item No. 37 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 332-12 Amend 2012 Budget Information Technology (Re-appropriation of Revenues) WHEREAS, the Telephone System at the Mental Health Department has reached end of life and is in need of replacement, AND WHEREAS, after speaking with the County Administrator, there are excess revenues in the Phone Line Budget to make the replacement purchase, NOW THEREFORE BE IT RESOLVED that the 2012 County Budget hereby be amended as follows: Increase: Revenue A161042 41289 1272 Departmental Fees $25,000 Expense: 266 ---PAGE BREAK--- A16105 52015 Technical Equipment $25,000 On motion of Mr. Willcox, second by Mr. Cornell, Agenda Item No. 38 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 333-12 Amend Resolution. 257-12 Further Amend 2012 Budget Buildings And Grounds First Choice Asphalt Sealing, Paving And Concrete WHEREAS, there is additional masonry work required to address water infiltration at the Public Safety Building, AND WHEREAS, First Choice Asphalt Sealing, Paving and Concrete, 2197 Greenwood Road, Cortland, N.Y. 13045 has met the provisions of the Request for Proposal including the mandatory site review and has provided the lowest overall cost, $23,260.00, AND WHEREAS, First Choice Asphalt Sealing, Paving and Concrete has submitted a proposal for $3,900.00 to complete the additional work while on site, AND WHEREAS, Account # A16205.54076 will be utilized to fund this expense and was unfunded in the 2102 Budget for this expense, AND WHEREAS, the funds ($3,900.00) for this expenditure will need to be transferred from A16205.52000.1622 – Cap. Equipment to A16205.54076 – B&G Expense to facilitate payment, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature accepts First Choice Asphalt Sealing, Paving, and Concrete’s additional work to be added to the original proposal and authorizes the amendment to Resolution # 257-12 to include this additional work with First Choice Asphalt Sealing, Paving and Concrete for the proposed cost of $3,900.00, upon approval of the County Attorney, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby directed to transfer additional funds ($3,900.00) from A16205.52000.1622 – Cap. Equipment to A16205.54076 B&G Expense. On motion of Mr. Willcox, second by Mr. Ross, Agenda Item No. 39 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 334-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department 267 ---PAGE BREAK--- WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid Small Business Program regarding rebates associated with an outdoor lighting retrofit project for County facilities, AND WHEREAS, the Buildings & Grounds Committee has reviewed those proposals and recommends participating in the National Grid Small Business Program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, 46 Greenbush St, (Court House) and 54 Greenbush St.(PSB/Jail), Cortland, N.Y. have been identified as eligible, AND WHEREAS, there is the need to complete outdoor lighting retrofit work at 46 Greenbush Cortland, N.Y. at a cost of $9,599.01 resulting in an annual savings of $2,870.94, with the County’s contribution of $4,109.67 and a National Grid Contribution of $5,489.34, AND WHEREAS, there is the need to complete outdoor lighting retrofit work at 54 Greenbush Cortland, N.Y. at a cost of $11,269.56 resulting in an annual savings of $2,881.75, with the County’s contribution of $4,690.71 and a National Grid Contribution of $6,578.85, AND WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $3,756.78 for 46 Greenbush St. and $4,267.78 to take advantage of the 15% discount offered under the program, to be funded from Acc# A16205 5200 1622 Capital equipment, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter an agreement with National Grid Small Business Program to participate in a rebate program associated with an outdoor lighting retrofit project. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 40 was introduced. There was not discussion. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. PACE RESOLUTION NO. 335-12 Transfer Funds/Treasurers Office Cortland Abstract WHEREAS, Part of the Tax Foreclosure process each year includes ordering Title Searches on each delinquent tax property, AND WHEREAS, the Title Searches for the 2011 Tax Foreclosure has been completed and the bill submitted from the company hired to do the Title Searches, AND WHEREAS, the Professional Services line item in the Treasurers budget does not have enough money to pay the bill to Cortland Abstract in the amount of $20,880.00, and there are no other line items to transfer the money from, NOW THEREFORE BE IT RESOLVED, that $10,000.00 be transferred from A19905.54775 Contingency to A13255.54055 Professional Services to cover said bill. 268 ---PAGE BREAK--- On motion of Mr. Pace, second by Mr. Ross, Agenda Item No. 41 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. PACE RESOLUTION NO. 336-12 Authorize Payment Fiscal Advisors/Treasurer WHEREAS Resolution 60-11 authorized a contract with Fiscal Advisors to 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 for a cost not to exceed $2,500, AND WHEREAS, costs of services exceeded that amount by $900, NOW THEREFORE BE IT RESOLVED, that Cortland County shall make payment to Fiscal Advisors for services rendered out of Account A97725.54055. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 42 was introduced. Ms. Price said that Rick McNeilly has served the County well in the past and deserves to be hired again. Mr. Pace agreed that Mr. McNeilly has done a good job, but that the NYS Comptroller recommends rotating auditors at least every five years. He said there will likely be additional work for County employees during this transition. All members voting in favor, except Ms. Price, Ms. Briggs, Mr. Wheelock and Mr. Cornell, who were opposed. Agenda Item No. 42 became: ON MOTION OF MR. PACE RESOLUTION NO. 337-12 Authorize Agreement For Cortland County Audits For Years Ending 12/31/20012, 12/31/2013 and 12/31/2014 WHEREAS, an independent financial audit is required by federal regulations to satisfy the “Single Audit Act Amendments of 1996 and Office of Management and budget (OMB) Revised Circular A-133 known as “Audits of State and Local Governments And Non-profit Organizations,” AND WHEREAS, such general purpose financial statements with Single Audit Reports are commonly called the “Single Audit” for Cortland County, AND WHEREAS, the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156 sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards, AND WHEREAS, Circular A-133 –“Audit Of States, Local Governments, And Non-profit Organizations” is issued under the authority of sections 503, 1111, and 7501 et seq. of title 31, United States Code, and Executive Orders 8248 and 11541, AND WHEREAS, the Office of the New York State Comptroller does not perform Single Audits for the County and the County Auditor is an internal auditor and is not an independent auditor for the purpose of the Single Audit requirements, AND 269 ---PAGE BREAK--- WHEREAS, New York State Office of Mental Health, Mental Health Retardation Development Disabilities and Alcohol & Substance Abuse Services mandates an audit of the annual New York State Consolidated Fiscal Report, AND WHEREAS, the County Administrator requested proposals for auditing firms to provide the above services, with options form 2015, 2016, 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 the Bonadio & Company in the amount of $127,500 to: 1. Perform the Single Audits for 2012, 2013 and 2014, (with options for 2015 and 2016 for $43,500 each year) to satisfy the Single Audit Act and the OMB Circular A-133, Revised to show changes published in the Federal Register June 27, 2003, “Audit Of States, Local Governments, And Non-profit Organizations”, and 2. Perform the mandated audit of the New York State Consolidated Fiscal Report for the Mental Health Department. 3. Perform annual mandated audit to comply with 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 On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 43 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 43 became: ON THE MOTION OF MR. PACE RESOLUTION NO. 338-12 Authorize Agreement Real Property Tax Services Image Mate Online WHEREAS, Resolution 253-07 authorized an agreement between the Cortland County Real Property Tax Services department and Systems Development Group, Inc. (SDG, Inc.) for the “Image Mate Online” software allowing access to real property tax information over the Internet, AND WHEREAS, said agreement has expired, and the Cortland County Real Property Tax Services office wishes to continue to use the software and the County needs software support, AND WHEREAS, SDG, Inc. is the sole provider of said software, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with SDG, Inc. for annual software support for the term beginning December 1, 2012 and ending November 31, 2013 to be paid out of Account #A13555-54004 in the amount of $4,500. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 44 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 44 became: 270 ---PAGE BREAK--- ON MOTION OF MR. PARK RESOLUTION NO. 339-12 Appoint Member CNY RC&D Council WHEREAS, Cortland County has the right to appoint a representative to the Council of the Central New York Resource Conservation and Development Project, Inc, (CNY RC&D), an incorporated 501(c)(3) involved in natural resource conservation and rural economic development activities in the Central and Southern Tier regions of rural New York State; whose partnership of federal, state, local and private organizations/agencies results in dollars brought into the region and the empowerment of rural residents, NOW THEREFORE BE IT RESOLVED, that John Steger, 7506 Friendly Lane, Tully, NY be appointed to the CNY RC&D Council for a term ending October 24, 2015. On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 45 was introduced. Mr. Fuller noted that the attachment only listed three municipalities. Mr. Murphy said this will be corrected and that all towns and villages that are due Mortgage Tax payments shall receive them. All members voting in favor; none opposed. Agenda Item No. 45 became: ON MOTION OF MR. PARK RESOLUTION NO. 340-12 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, 2012 Cortlandville Village of McGraw 0.022598655 $ 1,946.35 Village of Homer 0.003512354 $ 302.51 Town of Cortlandville 0.973888991 $ 83,877.81 $ 86,126.66 Homer Village of Homer 0.216171117 $ 8,403.18 Town of Homer 0.783828883 $ 30,469.62 271 ---PAGE BREAK--- $ 38,872.80 Marathon Village of Marathon 0.185760182 $ 3,031.43 Town of Marathon 0.814239818 $ 13,287.62 $ 16,319.05 On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 46 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 46 became: ON MOTION OF MR. PARK RESOLUTION NO. 341-12 Accept Proposal/Authorize Agreement Pleasant Valley Electric, Inc. Buildings and Grounds Department WHEREAS, the Buildings & Grounds Department has solicited, received and reviewed proposals from Pleasant Valley Electric, Inc., Simplex Grinnell, Integrated Security& Safety Systems, and ABJ Fire Protection Co. for replacement of the Fire Alarm Panel in the Cortland County Court House, AND WHERAS, Pleasant Valley Electric, Inc., 405 Third St., Ithaca, N.Y. 14850 has presented the lowest cost estimate for installing an addressable fire alarm panel at a proposed cost of $5,312.00, AND WHEREAS, the Buildings and Grounds Committee has reviewed the proposal and agrees with the recommendation, NOW THEREFORE BE IT RESOLVED, that this Legislature hereby authorizes the Chairman of this Legislature, upon approval of the County Attorney, to enter into an agreement with Pleasant Valley Electric, Inc. to replace the fire alarm panel at the Cortland County Court House and to be paid for from Account A16205-54076, B&G Expenses. Adjournment On motion of Mr. Bushnell, Mr. Park adjourned the meeting. Cortland County Legislature October 30, 2012 6:00 P.M. Minutes Order of Business Chairman Park opened the regular 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, except Ms. Price, who was excused. 272 ---PAGE BREAK--- Privilege of the Floor Mr. Park said due to the number of people wishing to speak, he would like to suspend the Rules of Order and allow two minutes per person. Mr. Troy made a motion to suspend the Rules of Order. Second by Mr. Parker. All members voting in favor; none opposed. The motion was approved. The first speaker was Mary Curcio, Superintendent of Schools for McGraw. She said the proposed project would affect her district, and asked to be kept informed of any future developments. Mr. James McGuinness of Cortland said he has served as a service technician on many windmill projects. He said many of the rumors associated with the project would be dispelled by the Draft Environmental Impact Statement being released for public review. Ms. Lisa Soshinky of McGraw said that the acceptance of the DEIS does not bind the County to anything, and only allows the public their right to review and voice opinions on the project, and urged the Legislature to approve the DEIS as adequate for review. Mr. Mahlon Irish of Homer, Chairman of the Fire Advisory Board, said he wants the Legislature to ensure that the proposed project does not affect the viability of the new Communications Project, which cost the County $14 million. If any interruption does occur, the required mitigations need to be addressed. Mr. Eric Johnson of McGraw said TCI has not been open or forthcoming with information during various public meetings. He said the County should not have been the lead agency for the project, rather the towns should be, as they are the permitting agencies. Mr. Steven Moffitt of McGraw said he has made major investments in property in McGraw which could be significantly affected if the project moves forward. Mr. Chris Bushnell of Cortland said the legislature has not had adequate time to review the initial, or the revised DEIS, and asked the legislature to vote the DEIS inadequate for public review. Mr. Michael of Cortland said the SEQR process should not be an expedited process that TCI is requesting, and requested the Legislature declare the DEIS inadequate and take additional time to review the material. Mr. Mike Joyner of McGraw said he is in favor of the wind farm, and that the energy and other payments from the windmills will help farmers and others who are facing increasing property taxes, and he encouraged the legislature to vote in favor of the DEIS. Mr. Bill MacLean of McGraw, said he has about 650 acres of property involved in this project, and he feels the Legislature is stalling the project and urged them to vote to accept the DEIS. Mr. Frank Suits Jr. of Cortlandville said that the government, both local, state and federal, should not provide any subsidies for any type of energy project. Mr. Randy Young of Truxton said the Legislature have not had enough time to thoroughly review the DEIS, and that TCI’s time constraints are not those of the County. He said in 2009 he was part of an Environmental Committee established to review this project, and TCI stalled the project which created the deadlines they are now faced with. 273 ---PAGE BREAK--- Mr. Victor Siegle of Homer asked the legislators to declare the DEIS inadequate and to take the full 30 days to review the material. He said providing TCI with an expedited adequacy determination would be arbitrary and capricious. Mr. Roydell Hurlbert of Cortland said there has been more than 100 changes made to the DEIS, and the Legislature has not had time to review them. He said repeaters being added to the Communications system to combat any potential interference of the Communications system is not an adequate mitigation. Mr. Michael Niswender of Homer said he is in favor of the windmill project and said it would be fair to the public to allow them to review the project. He said such a project in Cortland County would benefit the County economy through new business, new jobs and new property taxes Mr. Rory Cantwell, from Montreal, QC, an employee of TCI, said that the company has done a door- knocking campaign in the area of the project and found overwhelming support for the project. He said a PILOT program for taxes will benefit the property owners and others throughout the County. Ms. Ann Swisher of Solon said the wind company may have violated its code of ethics by entering into a contract with a municipal officer on the Solon Town Board. Mr. Mark Gallagher of TCI Renewables said he has worked on windmill projects in Ireland, Canada and the US. He said this is the first project he has seen that is at risk of never getting to the public comment period, and urged the Legislators to accept the DEIS as adequate for review. Ms. Shelly White read a list of names who support the comments of Paul Heider, who will speak next. Mr. Paul Heider of Solon said the proposed windmills would be the tallest in NYS. He said the DEIS is not just a draft, rather it is the footprint of the project that all others are based upon. He said TCI has admitted to mishandling the timing of this project, and the Legislature should take the full time to review the DEIS, rather than sacrificing a thorough review to make up for TCI’s mistakes. He said that Mr. McDonald, the project manager, has never been to a wind farm the size of which is being proposed. New Business On motion of Mr. Ross, second by Mr. Fuller, Agenda Item No. 1 was introduced – “A Resolution Making a Declaration of Adequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm.” Mr. Whitney said the legislature should not be put under duress to make a decision based on the DEIS because of poor timing by the applicant. He read e-mail correspondence from Motorola and Federal Engineering. Motorola will not certify that TCI’s design will not have a negative effect on the County’s Interoperable Communications program, but that ComSearch would be a good third party to review the plans. Federal Engineering stated that ComSearch reports show due diligence, but they have not had time for a thorough review, and further, that the mitigations suggested by TCI to address any interruption of service are still inadequate. Mr. McDonald said that all the concerns of the County and the public can be addressed during the public comment period and urged the legislature to accept the DEIS as adequate for review. He said nearly 300 jobs would be created by the project being built, and an estimated $12 million would be spent in the four towns, in addition to the cost of the project which would increase tax value in the towns and county. Ms. Kathie Spencer of Labella Associates, the County’s environmental consultant, said Labella originally found 89 instances in which the original DEIS did not meet the scoping requirements. She said the revised version of the DEIS has adequately addressed all of Labella’s findings. However, Labella has not had a chance to review the revised DEIS as it relates to the comments provided by Ms. Arnold and the Ag & 274 ---PAGE BREAK--- Planning Committee, and could not make a recommendation as to the document’s adequacy in that respect. Ms. Spencer said that while the County and/or it’s other consultants may not agree with the mitigations set forth regarding the Communications System, she said that TCI has addressed this impact as required by the scope. Determining if the mitigations are sufficient should be part of the public review and creation of the FEIS, which has a variable timeframe, which TCI has agreed to extend as needed. The Clerk read a statement from Ms. Price, stating that she would not vote in favor of the DEIS until all concerns regarding the Interoperable Communications project have been addressed. Mr. Park asked for a roll call vote. Legislators Fuller, Pace, Ross, and Park voting in favor; and legislators Arnold, Boyden, Briggs, Bushnell, Cobb, Cornell, Hartnett, Natoli, Parker, Spaulding, Troy, Wheelock, Whitney, Willcox opposed. The motion was defeated with a weighted vote of 10,064. On motion of Mr. Ross, second by Mr. Cornell, Agenda Item No. 2 was introduced. Ms. Arnold said she has provided a copy of remaining inadequacies in the revised DEIS. Mr. Park called for a roll call vote. Legislators. Arnold, Boyden, Briggs, Bushnell, Cobb, Cornell, Fuller, Hartnett, Natoli, Pace, Parker, Spaulding, Troy, Wheelock, Whitney, Willcox and Park voting in favor; Mr. Ross was opposed. The motion was approved with a weighted vote of 43,078. Agenda Item No. 2 became: ON MOTION OF MR. ROSS RESOLUTION NO. 342-12 Resolution Making a Declaration of Adequacy of the Draft Environmental Impact Statement for the Proposed Crown City Wind Farm WHERAS, Air Energy TCI Inc. (“TCI”) proposes to lease land from the County at the County owned landfill as part of its proposed Crown City Wind Energy Project, AND WHERAS, Resolution 384-08 established the county as lead agency under the State Environmental Quality Review Act, AND WHERAS, Resolution 215-12 issued a positive declaration under New York State Environmental Quality Review which has required that TCI submit a draft environmental impact statement AND WHERAS, TCI submitted a draft EIS on September 17, 2012, and TCI subsequently revised the draft to address various concerns and resubmitted on October 23, 2012, AND WHERAS, the Agriculture, Planning and Environment committee provided TCI with a list of concerns regarding the draft EIS on or about October 11, 2012, AND WHERAS, the legislature has not had adequate time to review the TCI responses to those concerns, NOW THEREFORE BE IT RESOLVED that the legislature hereby determines that the draft EIS is incomplete. Executive Session Mr. Parker made a motion to hold an executive session regarding pending litigation. Second by Mr. Willcox. All members voting in favor; none opposed. The motion was approved. Adjournment On motion of Mr. Fuller, Mr. Park adjourned the meeting. 275 ---PAGE BREAK--- Cortland County Legislature November 20, 2012 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing at 6:01 p.m. to consider proposed Local Law No. 6 of 2012 - A Local Law Overriding Tax Levy Limit for Fiscal Year 2013. The Clerk read the legal notice announcing the hearing. As there was no one present who wished to speak Chairman Park closed the public hearing. Order of Business Chairman Park opened the regular meeting at 6:02 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present except Mr. Cornell and Mr. Parker, who were excused. Approval of Minutes Mr. Troy made a motion to approve the minutes of the October 25, 2012 Regular Meeting. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Proclamations & Recognitions The Clerk read a proclamation recognizing Patricia director of the County Nutrition Program, for her 38 years of dedicated service to Cortland County. Mr. Fuller, a member of the Nutrition Board, presented Ms. with the recognition and thanked her for her dedication to the Area Agency on Aging over the years. New Business On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 1 was introduced. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 343-12 Appointing Member to the Cortland County Board of Ethics WHEREAS, On August 28, 2008, the Cortland County Legislature adopted Local Law 2 of 2008 “Adopting a County Code of Ethics and Requiring Financial Disclosure by Certain County officials and Employees,” AND WHEREAS, Local Law 2 of 2008 establishes a five-member County Board of Ethics, charged with the general responsibility for ensuring full compliance with the Code of Ethics and disclosure and which shall serve at the pleasure of the Cortland County Legislature, AND WHREAS, Resolution 156-10 appointed Andrew Palm to the Board of Ethics, AND 276 ---PAGE BREAK--- WHEREAS Mr. Palm has since resigned from this position, leaving a vacancy, NOW THEREFORE BE IT RESOLVED, that Lori Megivern, Kohne Road, Cortland, NY 13045, is hereby appointed to an additional term to expire 1/22/13. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 2 was introduced. There was no discussion. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MS. PRICE RESOLUTION NO. 344-12 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 in 2012 and 2013 for or with the following: Franciscan Companies New York State Energy Research and Development Authority (NYSERDA) Seven Valley Health Coalition On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 345-12 Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (EIP NYS GRANT) WHEREAS, continued funding from the New York State Dept. of Health is available in the amount of $26,737 for the Early Intervention Program (EIP), for the contract period of 10/01/12 – 09/30/13, AND WHEREAS, $26,737 of these funds are already in the budget in Expenditure Accounts A40595.51005, $18,500 (Personnel), A40595.58020-58065, $8,237 (Fringe), and Revenue Account A405944.44451, $26,737, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign an agreement with New York State Dept. of Health to accept these funds. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 346-12 277 ---PAGE BREAK--- Authorize Agreements/Accept Funds Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) WHEREAS, the Cortland County Health Dept., Children with Special Needs Division, has been awarded $109,758 from the NYS Dept. of Health to continue the Facilitated Enrollment Program, for the period January 1, 2013 through December 31, 2013, which assures families access to high quality health care through insurance enrollment by community based providers, AND WHEREAS, these funds are in the 2013 County Budget in Accounts A40595.51005 $60,133 (Personnel), A40595.58020-58065 $28,449 (Fringe), A40595.54000-54078.4053 $21,176 (Other Than Personnel Services and Contractual) and Revenue Account A405943.43489 $109,758 (Facilitated Enrollment), AND WHEREAS, the Cortland County Health Department will be contracting with community agencies to help coordinate the efforts of this grant, AND WHEREAS, these agreements shall include a ninety day extension clause contingent on continued grant funding, 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 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 and to contract with other community agencies to help coordinate the efforts of this grant. On motion of Ms. Price, second by Mr. Wheelock, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 347-12 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 10/01/12 – 09/30/13 to continue the Lead Poisoning Prevention Program, AND WHEREAS, these funds will be used to support and enhance local efforts to reduce the prevalence of elevated blood lead levels in children under six years of age through implementation of a comprehensive program of primary and secondary prevention which includes: public and professional outreach and education, collaboration with local primary care providers; screening, diagnostic evaluation, medical management and education and environmental interventions, AND WHEREAS, these funds are in the 2012 budget in accounts A40115-A40125.51005 $27,000 (Personnel), A40115.58020-58065 $12,774 (Fringe), A40115.54001-54500.4033 $283 (Contractual), and A401143.43450.4033 $40,057 (Lead Revenue), NOW THEREFORE, BE IT 278 ---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. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MS. PRICE RESOLUTION NO. 348-12 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Traffic Safety and Injury Prevention Program WHEREAS, the State of New York through the Governor’s Traffic Safety Committee has awarded the Cortland County Health Department $35,494 to continue to fund the Traffic Safety and Injury Prevention Program for the period of 10/01/12 – 09/30/13, AND WHEREAS, this will provide bike, pedestrian and traffic education programs to reduce the number of crashes, injuries, and deaths on New York’s roads, AND WHEREAS, these funds are in the 2012/2013 County Budget in Expenditure Account A40105.51005 (Personal Services), A40105.58020-58065 (Fringe), A40105.54000.4003-A40105.54083.4003 (Contractual) and Revenue Account A401043.43450.4003 (Traffic Safety), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign this agreement to accept these funds. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON THE MOTION OF MS. PRICE RESOLUTION NO. 349-12 Authorize Memorandum of Understanding Cortland County Health Department/Jacobus Center for Reproductive Health New York State Department of Health (SDOH) Family Planning Benefit Program Application and Enrollment Assistance WHEREAS, the Cortland County Health Department/Jacobus Center for Reproductive Health provides services covered by the Family Planning Benefit Program (FPBP), AND WHEREAS, the New York State Department of Health (NYSDOH) is offering the opportunity for local FPBP providers to perform Medicaid Family Planning Benefit Program Application and Enrollment Assistance (presumptive eligibility determination for Medicaid) for patients seeking family planning services, AND WHEREAS, NYSDOH requires that the local health department enter into a Memorandum of Understanding in order to participate in the presumptive eligibility determination program, AND 279 ---PAGE BREAK--- WHEREAS, there is no cost to the County for participation in this program and participation will allow the County to bill Medicaid for the initial FPBP visit for those patients found to be presumptively eligible, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or designee, upon review and approval of the County Attorney, are hereby authorized to enter into an agreement with the New York State Department of Health for Family Planning Benefit Program Application and Enrollment Assistance. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MS. PRICE RESOLUTION NO. 350-12 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 for 2013 for or with the following: Catholic Charities of Cortland County Cortland Enlarged City School District Docutrac Family Counseling Services of Cortland County, Inc. Franziska Racker Centers, Inc. J.M. Murray Madison-Cortland ARC Mental Health Association Sentry Alarms Seven Valley Council on Alcoholism and Substance Abuse Services, DBA Cortland Prevention Resources Richard McNeilly, CPA Cortland Regional Medical Center Empire Interpreting Services On motion of Ms. Price, second by Ms. Cobb, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MS. PRICE RESOLUTION NO. 351-12 Authorize Agreement Mental Health Department (HealtheConnections) WHEREAS, New York State is promoting the utilization of Regional Health Information Organizations to develop and enable interoperable health information processes with the overall mission to improve health care quality through the use of information technology, AND 280 ---PAGE BREAK--- WHEREAS, The Health Advancement Collaborative of Central New York, Inc., a New York Not- for-Profit corporation, d/b/a “HealtheConnections” has been designated by New York State as the Regional Health Information Organization covering Cortland County, AND WHEREAS, the Cortland County Mental Health Department wishes to enter into a participation agreement with HealtheConnections to be designated as a “data recipient”, to enable use of the system for treatment, quality improvement, and care management, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to the approval of the Legislature, is hereby authorized to sign a Participation Agreement with HealtheConnections to be registered with the Regional Health Information Organization as a Data Recipient. There are no fees or charges to participating organizations to access HealtheConnections at this time. On motion of Ms. Price, second by Mr. Bushnell, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MS. PRICE RESOLUTION NO. 352-12 Authorize Agreement Department of Social Services (Franciscan Companies) WHEREAS, Cortland County Department of Social Services is desirous of contracting with Franciscan Companies 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 January 1, 2013 through December 31, 2013 with Franciscan Companies. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MS. PRICE RESOLUTION NO. 353-12 Amend 2012 Budget/Mental Health (OCFS) WHEREAS, the Office of Children and Family Services has approved additional funding for Family Support Services, in the amount of $4,104.07 to offset Part-Time personal services costs THEREFORE NOW BE IT RESOLVED, that the 2012 county budget be amended as follows: Increase: Expenses: 281 ---PAGE BREAK--- A 43105 51010 4204 FSS PT-PAY $4,104.07 Revenues: A431442 41620 4204 MENTAL HEALTH FEES $4,104.07 On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 12 was introduced. Legislators Fuller, Price, Pace and Troy spoke in favor of the resolution and commended Mr. Chambers for his work over the years. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 354-12 Re-Appoint Superintendent of Highways Highway Department WHEREAS, the Cortland County Legislature, through Resolution No. 393-04, appointed Donald R Chambers as the Superintendent of Highways on December 09, 2004 for a four-year term ending December 08, 2008 and re-appointed through Resolution No. 363-08 on December 19, 2008 for a four-year term ending December 18, 2012, pursuant to Section 100 of New York State Highway Law, AND WHEREAS, the County Administrator, pursuant to Section 5 of Local Law No. 7 of year 2002 is responsible for making recommendations to the County Legislature for the appointment of each department head, AND WHEREAS, the County Administrator, after evaluation, recommends the re-appointment of Donald R Chambers as Superintendent of Highways, AND WHEREAS, the Highway Committee Chairman, after conducting his evaluation and reviewing the evaluation and recommendation of the County Administrator, concurs with the County Administrator’s recommendation of re-appointment, NOW THEREFORE BE IT RESOLVED, that Donald R Chambers, Truxton NY be and is hereby appointed for a term commencing December 19, 2012 and ending December 18, 2016, and shall be compensated in accordance with the Management and Management Confidential Compensation Policy as may be amended from time to time. On motion of Mr. Fuller, second by Ms. Price, Agenda Item No. 13 was introduced. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 355-12 Transfer Funds- Road Machinery Highway Department WHEREAS, the actual cost for motor fuels has exceeded the amount budgeted in the 2012 County Highway Road Machinery Budget, AND WHEREAS, the County Highway Department’s utility costs are lower than the amount budgeted in the 2012 County Highway Road Machinery Budget, NOW THEREFORE BE IT 282 ---PAGE BREAK--- RESOLVED, that with the recommendation of the Cortland County Highway Superintendent that the following accounts be modified, AND BE IT FURTHER RESOLVED, that the 2012 County Budget be amended as follows: Increase Expense: Fuel $70,000.00 E51305.54078 Decrease Expense: Utilities $70,000.00 E51305.54025 On motion of Mr. Troy, second by Mr. Bushnell, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. TROY RESOLUTION NO. 356-12 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 January 1, 2013 and ending December 31, 2013. On motion of Mr. Troy, second by Mr. Bushnell, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. TROY RESOLUTION NO. 357-12 Award Solid Waste Bid Alternative Landfill Cover Broker Solid Waste WHEREAS, the Highway Superintendent advertised for and received bids an Alternative Landfill Cover Broker, AND WHEREAS, the bids received are as follows: BIDDERS BID Advanced Resource Management, LLC $16.80 Net Per Ton 109 Angelo St. Payment to the County Geneva, NY 14456 283 ---PAGE BREAK--- , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Solid Waste Committee, the County hereby awards the Alternative Landfill Cover Broker contract to the highest bidder: Advanced Resource Management, LLC, 109 Angelo St., Geneva, NY 14456, 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 Advanced Resource Management, LLC, 109 Angelo St., Geneva, NY 14456 AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to deposit revenues from Alternative Landfill Cover for an estimated annual amount of $84,000.00 into Refuse Account EL816042.42130. On motion of Mr. Troy, second by Mr. Bushnell, Agenda Item No. 16 was introduced. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. TROY RESOLUTION NO. 358-12 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 MINICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, AND WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid; NOW THEREFORE BE IT RESOLVED BY the Cortland County Legislature: 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That the Chairman of the Legislature or his/her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the STATE for the State share of such costs. 284 ---PAGE BREAK--- 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. On motion of Mr. Ross, second by Ms. Price, Agenda Item No. 17 was introduced. All members voting in favor; none opposed. Agenda Item No. 17 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 359-12 Authorize Grant Application, Accept Agreement and Amend Budget NYS DOT Federal Section 5311 Consolidated Operating and Capital Grant for 2013 and 2014 Fiscal Years Cortland County Planning Department WHEREAS, the County of Cortland is submitting a request for consolidated grant funds to the New York State Department of Transportation, pursuant Federal Section 5311, Title 49 United States Code, for projects to provide public mass transportation service for fixed route and demand responsive service throughout the County, with limited service to contiguous counties by First Transit, Inc., Cortland County’s public transportation provider and the purchase of capital equipment that would consist of new buses and other equipment that would be used by First Transit, Inc., Cortland County’s public transportation provider, for the 2013 and 2014 fiscal years, AND WHEREAS, the County of Cortland and the State of New York have entered into a continuing agreement for a six-year period of 1/1/2013 to 12/31/2018 that authorizes the undertaking of the Project and payment of the Federal Share, identified as State Contract No.C005583, AND WHEREAS, there is no cost to the County of Cortland, as the local share required is provided by First Transit, Inc., as stipulated in their agreement with Cortland County, AND WHEREAS, applications are due by December 31, 2012, 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; 1) The application for funding 2) Any and all agreements between the County of Cortland and the State of New York for the above named project; 3) Any and all agreements between the County of Cortland and any third party subcontractors necessary to complete the above named project; and 4) 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. 5) Contingent upon the local share being received from First Transit 285 ---PAGE BREAK--- On motion of Mr. Pace, second by Mr. Spaulding, Agenda Item No. 18 was introduced. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PACE RESOLUTION NO. 360-12 Authorize Agreements Personnel/Civil Service (Several Agencies) WHEREAS, the Personnel Department contracts for various professional services to assist in the provision of services, AND WHEREAS, funds have been allocated and proposed in the 2013 budget in account numbers A14305.54004, A14305.54055 and CH9060 554055, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon and approval by the County Attorney or designee and subject to appropriation of funding by the Legislature, be and hereby is authorized to execute agreements beginning January 1, 2013 through December 31, 2013 for or with the following to be paid from the accounts listed, and in accordance with the attached: PSTEK, Inc. BCG Dermody, Burke, & Brown, CPA’s LLC On motion of Mr. Pace, second by Ms. Arnold, Agenda Item No. 19 was introduced. Ms. Price made a motion to amend the resolution to strike the following: Full-time Employees covered by this policy understand and agree that their employment with the County is of primary importance, and that secondary employment must not inhibit or impede the efficient and effective performance of their job duties, responsibilities, or attendance; nor shall it impair their judgment in exercising of their official duties. Department Heads, Deputy Department Heads, and Division Heads will discuss and receive written approval annually from the County Administrator prior to engaging in secondary employment. Any changes to the terms of the secondary employment approval, requires subsequent approval. Copies of all correspondence will be kept in the personnel files, AND BE IT FURTHER And replace it with: Employees covered by this policy understand and agree that their employment with the County is of basic and primary importance, and that secondary employment must not inhibit or impede the efficient and effective performance of their job duties, responsibilities, or attendance; nor shall it impair their judgment in the exercising of their official duties. Department Heads, Deputy Department Heads, and Division Heads engaged in secondary employment will notify the County Administrator’s Office of the details of their employment. Ms. Price’s motion was seconded by Ms. Briggs. Ms. Price said while the County should have knowledge of an employee’s outside employment, the County should not have the authority to prohibit outside employment as long as it does not impede their work at the County. Mr. Murphy said that the amendment would allow for each employee, rather than the County Administrator, to determine if their work for the County would be impeded. Ms. Briggs asked Mr. Purser if the County has the authority to restrict secondary employment. Mr. Purser answered yes, the County is within its authority by adopting this. Mr. Whitney asked what the appeal 286 ---PAGE BREAK--- process or dispute mechanism would be. Mr. Murphy said that responsibility would fall to the administrator as well. Mr. Park called for a roll call vote. Legislators Boyden, Briggs, Bushnell, Natoli, Price, Wheelock and Whitney voting in favor, all others opposed. The motion failed with a weighted vote of 18,242. Mr. Park called for a vote on the original motion. All members voting in favor, except Ms. Price, Mr. Bushnell and Mr. Natoli, who were opposed. Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 361-12 Amend County of Cortland County Employment Policy Manual WHEREAS, the County Legislature has adopted a County of Cortland Employment Policy Manual, AND WHEREAS, the County Legislature wishes to amend said policy manual, NOW, THEREFORE BE IT RESOLVED, that Section 1,5 Secondary Employment will be amended and effective immediately to read as follows: Employees covered by this policy understand and agree that their employment with the County is of basic and primary importance, and that secondary employment must not inhibit or impede the efficient and effective performance of their job duties, responsibilities, or attendance; nor shall it impair their judgment in the exercising of their official duties. Department Heads, Deputy Department Heads, and Division Heads engaged in secondary employment will notify the County Administrator’s Office of the details of their employment. Full-time Employees covered by this policy understand and agree that their employment with the County is of primary importance, and that secondary employment must not inhibit or impede the efficient and effective performance of their job duties, responsibilities, or attendance; nor shall it impair their judgment in exercising of their official duties. Department Heads, Deputy Department Heads, and Division Heads will discuss and receive written approval annually from the County Administrator prior to engaging in secondary employment. Any changes to the terms of the secondary employment approval, requires subsequent approval. Copies of all correspondence will be kept in the personnel files, AND BE IT FURTHER RESOLVED, that Section II Compensation Health, Dental, and Vision Insurance, be amended and effective March 1, 2013 as follows: A. Health Insurance: Cortland County provides group health, hospitalization, major medical insurance, and prescription drug coverage through a self-insured Participating Provider Network (PPN) for all full time and part-time employees covered by this policy and their eligible dependents. Effective January 1, 2006, both the full and part-time employee share of this coverage shall be fifteen percent (15%) of the premium, plus any applicable co-payments and deductibles. Effective January 1, 2007, both the full and part-time employee share of this coverage shall be twenty percent The County’s Health Benefits Program is fully described in the Plan Booklet. Prescription Drug Coverage: 287 ---PAGE BREAK--- The County Health Insurance Plan includes a three (3)-tier formulary plan for prescription drugs. Each employee who participates will contribute $5.00 co-pay for generic prescriptions, $10.00 co-pay for brand name prescriptions and $25.00 co-pay for non-formulary prescriptions. Employees may utilize the multi-month maintenance medication program for prescriptions and pay one co- pay for three month supply. Prescriptions for maintenance drugs filled at a retail pharmacy will require one co-pay for each one-month supply. The County Health Insurance Plan includes a three tier formulary plan for prescription drugs. Employees may obtain prescription medications through the following providers and will pay the following co-pays: Maintenance medications A. Employees may obtain available brand name prescription maintenance medications through the voluntary international mail order program from SBTMeds (CanaRx Services Inc.) at $0 co pay. Please check available medications list at the Personnel Office or sbtmeds.com. B. Employees who fill prescriptions for maintenance medications through the domestic mail order program will pay one co-pay per 90-day supply: $5 for generic $15 for brand name formulary $30 for non-formulary C. Employees who fill prescriptions for maintenance medications at a retail pharmacy will pay one co-pay per 30-day supply. Only 30 day fills will be available at the retail pharmacy. $5 for generic $15 for brand name $30 for non-formulary UPON THE FOURTH REFILL AT RETAIL, EMPLOYEES SHALL PAY A PENALTY CO PAY AT 50% OF THE DRUG COST. Maintenance medications that are not able to be filled through the mail order program are excluded from the fourth refill penalty and may be processed as non-maintenance medications as described below. Non-maintenance medications $5 for generic $15 for brand name formulary $30 for non-formulary , AND BE IT FURTHER RESOLVED, that Section II,12 Tuition Reimbursement be amended and effective immediately as follows: The County shall reimburse the renewal cost of licenses and certifications required to perform their jobs. 288 ---PAGE BREAK--- Professional development requests will be reviewed as part of the annual County budget process subject to procedures developed by the County Administrator. On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item No. 2o became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 362-12 Authorize Agreements – Autopsy Services Various Physicians WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on deceased individuals, AND WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory services and related professional services from the following physicians, AND WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has declined to sign a contract which includes the autopsy services of said physicians, thus requiring a contract with each physician, NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be and hereby is authorized and directed to enter into an agreement, upon approval of the County Attorney, with the following physicians to perform autopsy services for a term beginning Jan. 1, 2013 and expiring Dec. 31, 2013. Robin Eastman-Abaya, MD 169 Riverside Drive Binghamton, NY 13902 Michael Zur, MD 169 Riverside Drive Binghamton, NY 13902 Kazuko Nitta, MD 169 Riverside Drive Binghamton, NY 13902 James Terzian, MD 169 Riverside Drive Binghamton, NY 13902 Zarina Hernandez-Shipplic, MD 169 Riverside Drive Binghamton, NY 13902 On motion of Mr. Whitney, second by Mr. Hartnett, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 363-12 289 ---PAGE BREAK--- Accept FY 2011 State Homeland Security Grant Program Fire & Emergency Management (NYS Division of Homeland Security & Emergency Services – C970010) WHEREAS, the Cortland County Department of Fire & Emergency Management applied for the FY 2011 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 Division of Homeland Security & Emergency Services and the County of Cortland has been received for a total award of $58,918.00, NOW, THEREFORE, BE, IT RESOLVED, that the 2012 Adopted County Budget is hereby amended as follows: Increase: Revenues: A341043.43306-3111 Miscellaneous Revenue $58,918.00 Expenses: A34105.54080-3111 Miscellaneous Grant $58,918.00 On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 364-12 Amend Budget/Authorize Agreement (NYS Office of Indigent Legal Services) Public Defender WHEREAS, Resolution No. 261-11 and Contract No. 276-11 authorized the acceptance of funds in the amount of $22,056.00 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 an agreement with the NYS Defenders Association, Inc., 194 Washington Avenue, Suite 500, Albany, NY 12210-2314 for the delivery of a Public Defense Case Management System, AND BE IT FURTHER, RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Revenue: A43025 State Aid – Public Defender $22,056.00 Expense: A54035 Education and Training $1,800 A52060 Computer Equipment $18,850 A54041 Publications (Legal Reference Materials) $1,406 290 ---PAGE BREAK--- On motion of Mr. Whitney, second by Mr. Troy, Agenda Item No. 23 was introduced. Ms. Briggs asked if this grant covered the salary of recently switching from a part-time to a full-time Assistant Public Defender. Mr. Murphy answered yes, and that the grant, and the position are guaranteed for three years. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 365 Accept Funds/Authorize Agreement/Amend Budget Public Defender WHEREAS, the New York State Office of Indigent Legal Services has authorized the provision of funds to assist the County in improving the quality of indigent legal services, in the amount of $150,522.00, split evenly over three years ($50,174 per year) to the County Public Defender’s Office for, 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 the Office of Indigent Legal Services, commencing on June 1, 2012 and terminating on May 31, 2015, for acceptance of funds totally $150,522.00, to be disbursed in the annual amounts of: Increase: Revenue: $50,174.00 – 2012 Increase: Expense $50,174.00 - 2012 On motion of Mr. Willcox, second by Mr. Pace, Agenda Item No. 24 was introduced. The Clerk said the resolution required a friendly amendment to the title only, and that rescinding a resolution is not necessary, only amending the current contract. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 366-12 Rescind Resolution # 334-12 /Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid Small Business Program regarding rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, the Buildings & Grounds Committee has reviewed those proposals and recommends participating in the National Grid Small Business Program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, 7 Clayton Ave, Cortland, N.Y. has been identified as eligible, AND WHEREAS, there is the need to complete lighting retrofit work at 7 Clayton Ave. Cortland, N.Y. at a cost of $10,023.03 resulting in an annual savings of $2,398.08, with the County’s contribution of $5,019.32 and a National Grid contribution of $5,003.71 AND 291 ---PAGE BREAK--- WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $4,697.65 to take advantage of the 15% discount offered under the program, to be funded from ACC# A16205 5200 1622 Capital Equipment, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to rescind Resolution # 334-12 and enter into the agreement with National Grid Small Business Program to participate in a rebate program associated with a lighting retrofit project as described above. On motion of Mr. Willcox, second by Mr. Bushnell, Agenda Item No. 25 was introduced. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 367-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid Small Business Program/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 Small Business Program/SmartWatt for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, 60 Central Ave., Cortland, N.Y. - Outdoor Lighting has been identified as eligible, AND WHEREAS, there is the need to complete exterior lighting retrofit work at 60 Central Ave. Cortland, N.Y. at a cost of $29,466.12 with Utility incentives of $5,294.59 reducing the final cost to Cortland County to $24,141.53 and also resulting in an annual savings of $4,331.46 in energy savings plus $1,371.61 annual maintenance savings, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter an agreement with National Grid Small Business Program/SmartWatt to participate in a rebate program associated with the exterior lighting retrofit project and be funded from A16205.5200.1622, Capital Equipment. On motion of Mr. Willcox, second by Mr. Troy. Mr. Pace said the City has been looking into privatizing some cleaning services and that if that’s the case then the floor would not be included in the scope of work. Buildings & Grounds Director Brian Parker said the City’s contractor would not clean the gym floor, foyer or the rugs, and that according to the City Youth Bureau, they would take care of the floor, and hire out cleaning the bathrooms. Mr. Murphy said it does not matter who does the cleaning, as long as it is done daily, and is the responsibility of the City. Mr. Purser said this is a one year contract and should state that it expires Dec. 31, 2013, and if the City does not live up to the terms of the agreement, then the city has the authority to void the contract. Mr. B. Parker said a portion of the proceeds from the gym rental the city takes in should come to the County. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION MR. WILCOX RESOLUTION NO. 368-12 292 ---PAGE BREAK--- Authorize Agreement City of Cortland & County of Cortland Cortland County Gym Buildings & Grounds WHEREAS, Cortland County owns the Gymnasium located at 60 Central Ave. Cortland, N.Y., AND WHEREAS, the City of Cortland Youth Bureau has had an informal arrangement dating back to the 1980’s for the use of the Gymnasium, AND WHEREAS, the County and City would like to have a more formal agreement identifying the responsibilities of each party, NOW THEREFORE BE IT RESOLVED, the this Legislature authorizes the Chairman of the Cortland County Legislature to enter into a formal, mutually agreeable arrangement with the City Of Cortland that identifies the responsibilities associated with operating the Gymnasium, for a term to expire 12/31/13 upon approval of the County Attorney. On motion of Mr. Willcox, second by Ms. Price, Agenda Item No. 27 was introduced. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 369-12 Accept Proposal/Authorize Agreement Participate in National Grid Small Business Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from National Grid Small Business Program regarding rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, the Buildings & Grounds Committee has reviewed those proposals and recommends participating in the National Grid Small Business Program for rebates associated with a lighting retrofit project for County facilities, AND WHEREAS, 54 Greenbush St, Cortland, N.Y. has been identified as eligible, AND WHEREAS, there is the need to complete an exterior lighting retrofit work at 54 Greenbush St. Cortland, N.Y. at a cost of $11,269.56 resulting in an annual savings of $2,881.75, with the County’s contribution of $4,690.71 and a National Grid Contribution of $6,578.85, AND WHEREAS, the Buildings & Grounds Committee has recommended to include payments as a lump sum of $4,267.78 to take advantage of the 15% discount offered under the program, to be funded from Acc# A16205 5200 1622 Capital equipment, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter an agreement with National Grid Small Business Program to participate in a rebate program associated with a lighting retrofit project. 293 ---PAGE BREAK--- On motion of Mr. Pace, second by Mr. Ross, Agenda Item No. 28 was introduced. Mr. Murphy said that adopting this local law is a safeguard against errors in preparing the budget or changes at the state level, and that there is no “down side” to adopting it just as the Legislature did last year. He said the tax levy will increase about 1% and there would be no change in the tax rate from 2012. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MR. PACE RESOLUTION NO. 370-12 Adopt Local Law No. 6 of 2012 – A Local Law Overriding Tax Levy Limit for Fiscal Year 2013 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 20, 2012, to hear all persons interested in proposed Local Law No. 6 of 2012, NOW THEREFORE BE IT RESOLVED, on recommendation of the Budget, and Finance Committee, that Local Law No, 6 of 2012 – A Local Law Overriding Tax levy Limit for Fiscal Year 2013 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. On motion of Mr. Pace, second by Ms. Price, Agenda Item No. 29 was introduced. Mr. Pace made a motion to amend the 2013 tentative budget by reducing the overtime in the Sheriff’s Department Road Patrol by $80,000. Second by Mr. Willcox. Mr. Pace said that in 2010 there were two employees added to the jail, and subsequently overtime was reduced in the budget by $80,000, and noted that two new employees are being added again this year. He said that Cortland Prevention Resources was awarded a grant for $40,000 for police enforcement during the Cortaca Jug game, which was given over entirely to the City of Cortland. Mr. Pace said that a revenue line could be added with money from Occupancy Tax to help offset overtime expenses from the New York Jets, the Fourth of July fireworks or other events. He said that non-mandated training could be cut as it takes time away from employees and causes a need for overtime. Mr. Whitney said the two deputies were included in the new position appendix, but were not included in the corresponding budget lines. He said the sheriff worked within the Administrator’s recommended budget, except for $10,000, to fill both positions beginning in March. Ms. Briggs said if the budget is cut by $80,000, and the overtime goes over budget, the County will need to find some way to pay for it anyway. Mr. Pace and Mr. Willcox voting in favor; all others opposed. Mr. Troy made a motion that the budget be amended to show the Cortland County Historical Society from $22,500 to $21,000, and decrease Lime Hollow Nature Center and 1890 House to $8,000 each. Mr. Hartnett 294 ---PAGE BREAK--- seconded the motion. Ms. Price asked what affect these changes would have on the tax rate. Mr. Murphy said none at all. Mr. Troy withdrew his motion. Mr. Park said the tax rate is staying the same as 2012 and the tax levy is increasing about 1% and thanked Mr. Murphy for his effort on the budget. He added the constitutional tax limit is being reduced to 88%. Mr. Park called for a vote on the original motion. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. PACE RESOLUTION NO. 371-12 Revise 2013 Tentative Budget WHEREAS, the Tentative Budget for 2013 was presented by the County Administrator/Budget Officer and filed with the Clerk of the Cortland County Legislature on October 23, 2012, 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. On motion of Mr. Pace, Second by Mr. Ross, Agenda Item No. 30 was introduced. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. PACE RESOLUTION NO. 372-12 Adopt 2013 County Budget as Revised WHEREAS, a Public Hearing was held before this Legislature on November 20, 2012 to consider the Tentative Budget, NOW THEREFORE BE IT RESOLVED, that the 2013 Tentative Budget, as amended and revised with a Real Property Tax Levy of $32,799,061 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. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 31 was introduced. Mr. Purser said that the new sales tax agreement with the city cannot begin until June 1, 2013, therefore an extension of the current agreement must be authorized until that time. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. PACE RESOLUTION NO. 373-12 Extending Sales Tax Agreement / City Of Cortland 295 ---PAGE BREAK--- WHEREAS, the County of Cortland currently imposes a sales tax on retail sales and other similar transactions and compensatory use taxes in Cortland County, all as authorized by §1210 of the Tax Law of the State of New York, AND WHEREAS, the County of Cortland and the City of Cortland have entered into an agreement dated June 29, 2012 for the collection and distribution of the sales tax as described in Article 28 and 29 of the Tax Law of the State of New York effective June 1, 2013 and continuing in effect for the next five years, AND WHEREAS, the present Agreement dated March 1, 2007 between the parties for the collection and distribution of the sales tax as provided in Article 28 and 29 of the Tax Law of the State of New York expires December 31, 2012, AND WHEREAS, the parties are desirous of extending the agreement dated March 1, 2007 and expiring December 31, 2012 for an additional five months, NOW THEREFORE, BE IT RESOLVED, that the terms and conditions of a Sales Tax Agreement dated March 1, 2007, the County of Cortland and the City of Cortland, and approved by the New York State Comptroller on July 12, 2007, is hereby extended to May 31, 2013 subject to the approval of the City of Cortland and the New York State Comptroller. On motion of Mr. Pace, second by Mr. Ross, Agenda Item No. 32 was introduced. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. PACE RESOLUTION NO. 374-12 Authorize Agreement Employment and Training Department and P.A.C.S. Security/Monitoring WHEREAS, there is a need to authorize an annual agreement with P.A.C.S. Security, 2 Joseph Street, Cortland, NY 13045 for the monitoring of the Security System and fire alarm system at the Cortland Works Career Center at 99 Main Street, Cortland, N.Y., AND WHEREAS, P.A.C.S Security is offering this service at $650.00 per year, AND WHEREAS, the new lease at the center is for a five year period beginning December 1, 2012 and ending November 30, 2017, AND WHEREAS, the Human Services Legislative Committee recommends authorizing this service for the time period December 1, 2012 – November 30, 2013, AND WHEREAS, WIA Title I funds will be used to pay for this service from accounts: D12215054 (Adult Funds) D12212054 (Youth In-School Funds) D12213554 (Youth Out-Of-School Funds) D12217054 (Dislocated Worker Funds), , NOW THEREFORE BE IT 296 ---PAGE BREAK--- RESOLVED, that the Chairman of this Legislature is authorized to execute said agreement with P.A.C.S., upon review and approval by the County Attorney, AND BE IT FURTHER RESOLVED, it is agreed and understood by all parties this service is contingent upon the receipt of Federal Workforce Investment Act funds and that Cortland County nor any of its Departments will not be obligated for payments to P.A.C.S. should these funds no longer be available. On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 33 was introduced. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR PACE RESOLUTION NO. 375-12 Enter into Agreement Employment and Training Department and P.A.C.S. Security/Inspection and Servicing WHEREAS, there is a need to authorize an agreement with P.A.C.S. Security, 2 Joseph Street, Cortland, NY 13045 for the annual inspection and servicing of the Security System and fire alarm system at the Cortland Works Career Center at 99 Main Street, Cortland, N.Y., AND WHEREAS, P.A.C.S Security is offering this service at $250.00 per year, AND WHEREAS, the new lease at the center is for a five year period beginning December 1, 2012 and ending November 30, 2017, AND WHEREAS, the Human Services Legislative Committee recommends authorizing this service for the time period December 1, 2012 – November 30, 2015, AND WHEREAS, WIA Title I funds will be used to pay for this service from accounts: D12215054 (Adult Funds) D12212054 (Youth In-School Funds) D12213554 (Youth Out-Of-School Funds) D12217054 (Dislocated Worker Funds), , NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature is authorized to execute said agreement with P.A.C.S., upon review and approval by the County Attorney, AND BE IT FURTHER RESOLVED, it is agreed and understood by all parties this service is contingent upon the receipt of Federal Workforce Investment Act funds and that Cortland County nor any of its Departments will not be obligated for payments to P.A.C.S. should these funds no longer be available. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 34 was introduced. Mr. Pace said this is an annual requirement for the Convention & Visitor’s Bureau to receive money from NYS. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MR. PACE RESOLUTION NO. 376-12 Designate Tourism Promotion Agency 297 ---PAGE BREAK--- 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 2013, 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. On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 35 was introduced. Mr. Willcox asked if the County requested bids for this contract. Mr. Murphy said no, and in fact, the County has never had a contract in place, and this is correcting that situation. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. PACE RESOLUTION NO. 377-12 Authorize Agreement Workers’ Compensation/Self Insurance Program WHEREAS, the County of Cortland believes it to be in its best interest to continue to contract with McNeil & Company for the administration of the County’s Workers’ Compensation/Self Insurance program, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the county Attorney, be and hereby is authorized and directed to execute a three year agreement with McNeil & Company for the administration of the Workers’ Compensation/Self Insurance Program, AND BE IT FURTHER RESOLVED, that said agreement shall be in the sum of $42,291.00 for the year April 1, 2012 through March 31, 2013; $43,559.73 for the year April 1, 2013 through March 31, 2014; and $44,866.52 for the year April 1, 2014 through March 31, 2015. On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 36 was introduced. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. PACE RESOLUTION NO. 378-12 Correct Tax Warrants, Rolls & Bills Real Property Tax Services Town of Cortlandville 298 ---PAGE BREAK--- WHEREAS, the County Administrator as Acting Director of Real Property Tax Services petitioned this Legislature for the purpose of correcting certain errors on the following, made in the 2012 tax rolls and payable in 2012: TAX MAP # ASSESSED TO 105.08-02-03.000 Barden & Robeson Corp. TOWN DATED Cortlandville October 30, 2012 , NOW THEREFORE BE IT RESOLVED, that the tax roll, warrants and tax bills of the aforementioned town be corrected as regulated in said application and that the County Treasurer be and hereby is authorized and directed to make such charge backs, withholding, refund, payments and denials and to make corrections and changes in her books and records as may be necessary by reason of the relief sought in said application. On motion of Mr. Pace, second by Mr. Willcox, Agenda Item No. 37 was introduced. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. PACE RESOLUTION NO. 379-12 Amend 2012 Budget/Poll Inspectors Board of Elections WHEREAS, there was not enough money in the 2012 budget to pay for the required poll inspectors in the November 2012 election, NOW THEREFORE BE IT RESOLVED, that the 2012 budget is hereby amended as follows: Increase: A14505 54055 Professional Services $8,440 A14505 51015 Temp. Pay $ 665 A14505 54020 Postage $ 600 A14505 54060 Legal Advertising $ 630 Decrease: A19905 Contingency $10,335 On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 38 was introduced. Mr. Troy said that in the past the County has had an Office of Conflict Attorney which appeared to save money, however the local law creating the position was overturned by the courts for not properly approving it. He said this is something the County should consider again when developing the plan for indigent defense. Mr. Park said that he, Mr. Murphy and Mr. Whitney met with the Bar Association and the Office of Indigent Legal Defense to develop a plan. Mr. Murphy said the conflict attorney position is being looked into. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. PACE RESOLUTION NO. 380-12 299 ---PAGE BREAK--- Amend 2012 Budget County Attorney Assigned Counsel / Professional Services WHEREAS, the Cortland County Legislature has set forth funds in the 2012 County budget for the payment of legal fees submitted by attorneys that are appointed to represent indigent defendants, AND WHEREAS, the appropriated fund set forth in the Professional Services line of the County Attorney’s Office 2012 budget in the amount of $453,022.00 has been expended, it is necessary to appropriate additional funds for the fiscal year 2012, NOW THEREFORE BE IT RESOLVED, that the 2012 County Budget be and hereby is amended as follows: Increase: Expenses: A1420.54055 Professional Services $150,000.00 A359900 Appropriate Fund Balance $150,000.00 On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 39 was introduced. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MR. PACE RESOLUTION NO. 381-12 Amend Resolution 120-12 Deferred Compensation Audit WHEREAS, Resolution 120-12 authorize expenditures to Dermody Burke & Brown, not to exceed $13,500, but did not include payment for travel and out-of-pocket expenses incurred in the completion of the required Deferred Compensation Audit, NOW THEREFORE BE IT RESOLVED, that the payment of travel and out-of-pocket expenses of $130.00, be paid out of account #A1430 54055. On motion of Mr. Pace, second by Mr. Ross, Agenda Item No. 40 was introduced. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. PACE RESOLUTION NO. 382-12 Transfer Funds/Computer Software Treasurer’s Office WHEREAS, the first payment to Systems East for the Tax Collection System Computer Software will become due by years end, AND WHEREAS, no money was allocated in the 2012 Treasurers Office budget for computer software, NOW THEREFORE BE IT RESOLVED, that the 2012 budget be amended as follows: 300 ---PAGE BREAK--- Increase Expense: A13255.54004 Computer Equipment: $98,245.00 Decrease: A359900 Appropriate Fund Balance $38,245.00 Decrease: A19905 Contingency $59,995.00 On motion of Mr. Pace, second by Ms. Price, Agenda Item No. 41 was introduced. Ms. Cobb asked when the County will be having a property auction. County Treasurer Monroe. She said an auction will likely be held in January or February, and that the new owners will be responsible for the 2013 taxes beginning Jan. 1. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. PACE RESOLUTION NO. 383-12 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 Foreclosures: Index 10-594, AND WHEREAS the Treasurer’s Office has received proposals from the following New York State licensed auctioneers: ABSOLUTE AUCTION & REALTY INC. 45 South Ave. Pleasant Valley, N.Y. 12569-7844 AUCTIONS INTERNATIONAL 11167 Big Tree Rd. East Aurora, N.Y. 14052 MEL MANASSE & SON AUCTIONEER Whitney Point, N.Y. 13862 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval of the County Attorney, is hereby authorized to execute a contract with Mel Manasse & Son, 12 Henry Street, PO Box 738, Whitney Point, N.Y. 13862 for the 2010 foreclosed properties. On motion of Mr. Pace, second by Ms. Price, Agenda Item No. 42 was introduced. All members voting in favor; none opposed. Agenda Item No. 42 became: ON MOTION OF MR. PACE RESOLUTION NO. 384-12 301 ---PAGE BREAK--- Authorize Agreement with Cortland County Industrial Development Agency/ Business Development Corporation WHEREAS, it has been the custom and practice of the County to provide funding to the Industrial Development Agency and Business Development Corporation to promote and enhance economic development in Cortland County, NOW THEREFORE BE IT RESOLVED, that in the next succeeding two years (January 1, 2013 to December 31, 2014), following the submission of a budget by the Industrial Development Agency and Business Development Corporation to the County for review, the County shall fund the Industrial Development Agency and Business Development Corporation in the amount of Four Hundred Ten Thousand Six Hundred Thirty-Two Dollars and 00/100 ($410,632.00) in the first year; and Four Hundred Ten Thousand Six Hundred Thirty-Two Dollars and 00/100 $410,632.00) in the second year, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature be and hereby is authorized to enter into an agreement, upon review and approval by the County Attorney, with the Cortland County Industrial Development Agency and Business Development Corporation in accordance with the above. Ms. Arnold said she has been made aware that on Nov. 1 TCI Renewables is seeking a waiver from the Federal Energy Regulatory Commission (FERC) and 45-day extension to stay in the queue with the NYS Independent System Operator for the proposed Crown City Wind Farm. She said the waiver did not accurately represent the facts on behalf of the County. She made a motion that Chairman Park be authorized to sign a letter clarifying the facts of the situation on behalf of the legislature. Seconded by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Executive Session Ms. Briggs made a motion to go into Executive Session to discuss pending litigation. Seconded by Ms. Cobb. All members voting in favor; none opposed. The Legislature held an Executive Session. Adjournment Following the Executive Session, Mr. Bushnell made a motion to adjourn. Second by Ms. Briggs. Mr. Park adjourned the meeting. Cortland County Legislature December 20, 2012 6:00 P.M. Minutes Public Hearing Chairman Park opened the public hearing at 6:00 p.m. to consider proposed Local Law No. 9 of 2012 - A Local Law To Increase The Salary Of County Officers Elected Or Appointed For A Fixed Term During Their 302 ---PAGE BREAK--- Term Of Office. The Clerk read the legal notice announcing the hearing. As there was no one present who wished to speak Chairman Park closed the public hearing. Public Hearing Chairman Park opened the public hearing at 6:02 p.m. to consider proposed Local Law No. 10 of 2012 - A Local Law Setting The Salary Of Cortland County Election Commissioners. The Clerk read the legal notice announcing the hearing. As there was no one present who wished to speak Chairman Park closed the public hearing. Public Hearing Chairman Park opened the public hearing at 6:04 p.m. to consider To consider the recommendations of the Cortland County Planning Board and the Agricultural and Farmland Protection Board, and any proposed modifications to the Agriculture and Farmland Protection District. The Clerk read the legal notice announcing the hearing. As there was no one present who wished to speak Chairman Park closed the public hearing. Order of Business Chairman Park opened the regular meeting at 6:06 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present except Ms. Cobb, who was excused. Approval of Minutes Mr. Troy made a motion to approve the minutes of the November 20, 2012 Regular Meeting. Seconded by Mr. Willcox. Ms. Arnold requested an addition be made and Ms. Briggs asked for the correction of a typographical error. All members voting in favor; none opposed. The minutes were approved pending corrections. Receive & File Mr. Troy made a motion to Receive & File the Resignation of Brian Mitteer from the IDA Board, the Unpaid village and school tax reports from the County Treasurer; and the Tompkins County Investigation of Former Public Defender, provided by Hon. Julie Campbell’s office. Second by Mr. Willcox. Mr. Natoli asked that a copy of the Tompkins County report be provided to legislators. Mr. Cornell said that he would like to recommend that the Legislature send an apology to Mr. Dayton based upon the findings of the report. Chairman Park said Mr. Cornell may bring that up for discussion under New Business. All members voting in favor, none opposed. The documents were received and filed. Proclamations & Recognitions Chairman Park recognized and thanked Sheriff Price, his department and all involved agencies for their efforts and success in Operation Southbound, which netted about 40 arrests and more than $14 million of cocaine from around the state. New Business Mr. Park requested that Agenda Item No. 43 be moved to the beginning of the Agenda. There were no objections. On motion of Mr. Park, second by Ms. Price, Agenda Item No. 43 was introduced. Ms. Fuller said that the Airport Advisory Board has recommended extending the current lease with McNeil & Company at the County Airport for an additional three months, before negotiating new terms for a long-term lease. Mr. Fran Casullo, counsel for McNeil & Company, said the company has began new operations in California and are evaluating its aviation needs and have requested this 90-day extension. All members voting in favor; none opposed. Agenda Item No. 43 became: ON MOTION OF MR. PARK RESOLUTION NO. 385-12 303 ---PAGE BREAK--- Authorize Extension of Existing Hangar Lease Building MH-2 Cortland County Airport WHEREAS, Cortland County currently owns, maintains and leases various Hangar buildings and spaces at Cortland County Airport on a basis, AND WHEREAS, the current lease for a portion of Hangar Building MH-2 with McNeil & Company, 22 Church St., Cortland, NY 13045 expires on December 31 2012, AND WHEREAS, McNeil & Company has requested an extension of the current lease terms through the end of March 2013, AND WHEREAS, the Airport Advisory Board met on December 11, 2012 and approved a recommendation to the Legislature that they approve an extension of the current lease terms for Hangar MH-2 with McNeil & Company through the end of March 2013, NOW THEREFORE BE IT RESOLVED, that the Legislature hereby approves the extension of the current lease terms for Hangar MH-2 tat Cortland County Airport through March 31, 2013 with McNeil & Company, 22 Church St., Cortland, NY 13045, 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 necessary paperwork regarding the extension through March 31, 2013 of the current lease for Hangar MH-2 Building at Cortland County Airport. Mr. Park then asked for Agenda Item No. 47 to be introduced. There were no objections, an on the motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 47 was introduced. Mr. Murphy read the following statement: “The current Assigned Counsel Plan was adopted in 2006 with the purpose to insure the availability of qualified attorneys to represent indigent defendants and the equal distribution of such cases among the participating attorneys and to centralize the assignment process. The 2006 Plan provided for an independent administrator who is an attorney to assign counsel upon receipt of a Judge’s request in the event of a conflict with the Public Defender. The 2006 Plan identified certain duties and eligibility for assignments including Law Guardian assignments. For many years, the Assigned Counsel Plan has been performed out of the Public Defender’s Office, in conflict with the adopted Plan. The current Assigned Counsel Administrator is not an attorney. The BA has long expressed their opposition to this arrangement. Individually, members have complained about delays in processing payments and that cases were not being equally distributed. Others have privately suggested closer scrutiny of payment vouchers could reduce costs. In response to these complaints, I transferred the responsibility of processing payment to the County Attorney’s Office. The current Assigned Counsel Administrator continues to assign cases and review vouchers. Now, upon approval of the Assigned Counsel Administrator, a voucher is sent to the County Attorney’s office where a purchase order is prepared and sent to the County Auditor for payment. I haven’t received any complaints regarding payment delays since this task was undertaken by the County Attorney’s office. 304 ---PAGE BREAK--- To insure the equal distribution of cases and provide closer scrutiny of the vouchers being submitted, at our November 20 meeting I advised the BA of my plan to temporarily transfer the task of assigning cases and reviewing vouchers to the County Attorney’s office while we continued to work together toward a permanent assigned counsel plan that we could both support. No one objected to this idea at that time. After receiving a letter from Victoria Monty, BA President late yesterday threatening to sue the County if that idea was implemented, I have suspended all plans to transfer assigning cases and reviewing vouchers to the County Attorney’s Office. The current arrangement will continue until a permanent plan that both sides can agree upon is adopted. On March 5, 2012 the BA passed a resolution amending the adopted Assigned Counsel Plan. The recently amended Plan has not been approved by the Office of Court Administration. The 2012 amended Plan gives the BA authority to appoint an Assigned Counsel Administrator and compensate that person at a Grade 4 ($62,000) salary and authorizes at least one Administrative Assistant at a Grade 11 ($31,000) salary. Full-time employees would be entitled to fringe benefits of approximately ($50,000) It also specifies the Assigned Counsel Administrator shall be provided with such facilities, equipment, software and resources as shall be appropriate and adequate for the orderly and efficient operation of the office, all at County taxpayer expense. This Plan as written removes all County control and oversight as to how taxpayer funds are spent and places those responsibilities with those who directly benefit from the plan. While the Office of Court Administration does not approve of it, other counties, such as Madison County, do use County Attorney as the Assigned Counsel Administrator.” Ms. Briggs said the decision to transfer administration to the County Attorney’s office was dictated to the Bar Association, and asked under what authority this was directed. Mr. Murphy said that it was an administrative decision he made, and that Mr. Park and Mr. Whitney were aware of it. Ms. Briggs said the JPS Committee and other legislators should have been informed of the potential change, particularly when the Bar Association considers it an illegal action. Mr. Murphy said that the current practice (assigning cases from the Public Defender’s Office) is also an illegal practice, and that other counties do allow the County Attorney to assign cases. Mr. Murphy said that prior to a Dec. 19 e-mail, the Bar Association had voiced no objection to the transfer of duties to the County Attorney, but were well aware of the change. Mr. Natoli asked if the Bar Association plan was adopted, if the assigned counsel administrator would be a County Employee. Mr. Murphy said it was not clear, but the plan calls for the Bar Association soliciting, interviewing and appointing the individual. Mr. Natoli asked if this could be done by a private contractor, rather than a County employee. Mr. Murphy said that option has been discussed, and that he had provided the Bar Association with a Request for Proposals to circulate and review. This RFP included office space provided in the County Office Building. He said the Bar Association did not review, respond or take any action on the RFP. He said he feels the Bar Association’s plan has not been approved by the Office of Court Administration because it calls for an independent agency to allocate public funds. Mr. Whitney stated that he is not the chair of this discussion committee, rather Chairman Park is, as he had started the process as the previous chair of JPS. All members voting in favor of the resolution; none opposed. Agenda Item No. 47 became: ON MOTION OF MR. PARK RESOLUTION NO. 386-12 Public Defender Keyboard Specialist WHEREAS, a temporary part-time Keyboard Specialist position was created January 1, 2012 per Resolution 333-11, AND 305 ---PAGE BREAK--- WHEREAS, there is a need to extend the temporary part-time Keyboard Specialist position for up to three months, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby approves the extension of one temporary, part-time (17 hours per week, no benefits) Keyboard Specialist,(CSEA grade 5, $13.2330- 16.4220/hr., competitive class) from January 1, 2013 and ending no later than March 31, 2013. On motion of Mr. Park, second by Mr. Parker, Agenda Item No. 1 was introduced. Mr. Park said that Brian Mitteer has offered his resignation from the IDA board, as he has moved out of the County, though he continues to work for the hospital. He said Mr. Dries is a local businessman who has served well on the BDC and has been recommended by Executive Director Garry VanGorder, and Board Chair Michael McMahon. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PARK RESOLUTION NO. 387-12 Appoint Member Industrial Development Agency Board of Directors 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, Brian Mitteer, was appointed by Res. 32-12, has resigned from the position, NOW THEREFORE BE IT RESOLVED, that Paul Dries is hereby appointed to the Industrial Development Agency Board of Directors effective immediately to complete a two year term to expire 12/31/13 or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years. On motion of Mr. Park, second by Mr. Ross, Agenda Item No. 2 was introduced. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PARK RESOLUTION NO. 388-12 Appoint/Re-Appoint Members Fire Advisory Board WHEREAS, pursuant to a resolution dated December 18, 1950, establishing a Cortland County Fire Advisory Board under the provisions of Article 10, Section 209-K of the General Municipal Law, AND WHEREAS, Article 3, Section 4 of the Cortland County Fire Advisory Board By-Laws states that the term of each member be one year, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby are appointed to the Cortland County Fire Advisory Board, to serve without compensation for a term beginning January 1, 2013 and expiring December 31, 2013: NAME DEPARTMENT ADDRESS 306 ---PAGE BREAK--- Shawn Scoville Cincinnatus 5756 Telephone Rd. Cincinnatus, NY 13043 Richard Allen Cortland 35 Garfield Street, Cortland, NY 13045 Erik Verfuss Cortland 7 Arthur Ave, Cortland, NY 13045 Charles Glover Cortland 16 Dawn Drive, Cortland, NY 13045 Michael Biviano Cortlandville 3900 Highland Road, Cortland, NY 13045 Jared Gebel Cortlandville PO Box 5331, Cortland, NY 13045 Kelvin Corbin Cuyler 4976 Lincklaen Road, Cuyler, NY 13158 Michael Price Harford 59 Route 200, Harford Mills, NY 13158 Mahlon Irish, Jr. Homer 32 Center Street, Homer, NY 13077 Michael Niehus Homer 2 Brentwood Drive, Homer, NY 13077 John Ryan Jr. Homer 5449 Mead Road, Homer, NY 13077 Dustin Contri Marathon 1306 Conrad Road, Marathon, NY 13803 Norm Forrest Marathon 544 Jennings Creek Road, Marathon, NY 13803 Thomas Heller McGraw 28 West Center Street, McGraw, NY 13101 Brian Davis McGraw 3777 Clinton Street Ext. McGraw, NY 13101 Michael Compton Preble 6929 Otisco Valley Road, Preble 13141 Bruce Potter Truxton 5775 Cheningo Road, Truxton, NY 13158 Daniel Selver Virgil 245 Kohn Road, Dryden, NY 13053 Murray Kinney irgil West State Road, Cortland, NY 13045 Ted Kemak, Jr. Willet 204 Route 26, Willet, NY 13863 Richard Bushnell Legislator JPS Legislator On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 3 was introduced. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 389-12 Re-Appoint Member Cortland County Board of Health (Douglas A. Rahner, M.D.) WHEREAS, the term of Douglas A. Rahner on the Cortland County Board of Health will expire on December 31, 2012, NOW THEREFORE BE IT RESOLVED, that Douglas A. Rahner, M.D., 20 South William Street Homer, New York 13077 be and hereby is re-appointed to the Cortland County Board of Health for a six year term to expire December 31, 2018. On motion of Ms. Price, second by Mr. Tory, Agenda Item No. 4 was introduced. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MS. PRICE RESOLUTION NO. 390-12 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on November 29, 2012 for the period January 1, 2013 through March 307 ---PAGE BREAK--- 31, 2013 for the purchase of miscellaneous groceries and frozen foods in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest 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 Reinhart Food Service, 100 Industrial Park Rd., Coal Township, PA 17866 Sysco Food Service, PO Box 80, Route 173 North, Warners, NY 13164 , NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for the period January 1, 2013 through March 31, 2013. On motion of Ms. Price, second by Mr. Troy, Agenda Item No. 5 was introduced. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MS. PRICE RESOLUTION NO. 391-12 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on November 29, 2012 for January 1, 2013 through June 30, 2013 for the purchase of paper goods and maintenance supplies in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest bidder, AND WHEREAS, the following bids were received: Eastern Maintenance & Supply, 107 Norris Dr, Suite G, Rochester, NY 14610 Hummels Office Supply, 25 Canal St., Mohawk, NY 13407 Maines Paper & Food Serv, PO Box 450, 101 Broome Corp Pkwy, Conklin, NY 13748 Peters Supply, PO Box 1276, Elmira, NY 14902 Quandt’s, PO Box 700, Amsterdam, NY 12010 Sanico, Inc., PO Box 2037, Binghamton, NY 13902 , NOW THEREFORE, BE IT 308 ---PAGE BREAK--- 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 January 1, 2013 through June 30, 2013. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 6 was introduced. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MS. PRICE RESOLUTION NO. 392-12 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 2013 annual state grant, AND WHEREAS, the Bureau of Women’s Health of the New York State Health Department has issued an additional Legislative Add-on Award of $6,170 for a total Award of $372,431 for their 2013 annual state grant, AND WHEREAS, $6,170 for the period of 01/01/2013-12/31/2013, needs to be added in the 2013 County Budget Revenue Account A403543.43435. $366,261 for the period of 01/01/2013-12/31/2013, funds are already reflected in the 2013 County Budget Revenue Account A403543.43435 (Family Planning State Aid Grant) and in Expenditure Accounts A40355.1005-1040 $206,566(Personal Services), A40355.58020-58065 $104,755 (Fringe) and A40355.54000-54500 $61,110 (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. On motion of Ms. Price, second by Mr. Spaulding, Agenda Item No. 7 was introduced. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MS. PRICE RESOLUTION NO. 393-12 Authorize Agreement Kinney Management Services, LLC, Kchecks® Licensing Fee Health Department/Mental Health Department WHEREAS, the Office of the Medicaid Inspector General mandates that all providers who bill the Medicaid program screen all employees, prospective employees, and contractors (individuals and entities) on a basis to determine if they have been excluded or terminated from participation in federal health care programs and/or New York State Medicaid, AND WHEREAS, Kinney Management Services, LLC provides a program entitled Kchecks® that holds the State contract and that checks all required entities on a basis via a master database, AND 309 ---PAGE BREAK--- WHEREAS, Cortland County, including the Health Department and Mental Health Department (as indicated by regulatory interpretation) desire to contract with Kinney Management Services, LLC for a Kchecks® Licensing Agreement at an annual cost of $600 per agency (state rate) for the period January 1, 2013 through December 31, 2014, AND WHEREAS, this agreement shall include a ninety day extension clause, allowing the respective agreement to be extended until March 31, 2015, if a successor agreement is not executed by December 31, 2014, AND WHEREAS, funding is available in the 2012 budget in the appropriate accounts for each department, NOW THEREFORE BE IT RESOLVED, RESOLVED, that the Chairman of the Legislature; the Public Health Director, or designee; and the Director of Administrative Services for the Mental Health Department, upon review and approval by the County Attorney, are hereby authorized to sign a Kchecks ® Licensing Agreement with Kinney Management Services, LLC, for the period January 1, 2013 through December 31, 2014. On motion of Ms. Price, second by Mr. Cornell, Agenda Item No. 8 was introduced. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MS. PRICE RESOLUTION NO. 394-12 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Traffic Safety and Injury Prevention Program Child Passenger Safety Program WHEREAS, the State of New York through the Governor’s Traffic Safety Committee has awarded the Cortland County Health Department $14,000 continue to fund the Child Passenger Safety Program for the period of 10/01/12 – 09/30/13, AND WHEREAS, this will provide education on the proper use and installation of child safety seats in New York State, AND WHEREAS, these funds are in the 2012/2013 County Budget in Expenditure Account A40105.54005.4003-A40105.54078.4003 $14,000 (Contractual) and Revenue Account A401043.43450.4003 $14,000 (Traffic Safety) NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized and directed to sign this agreement to accept these funds. On motion of Ms. Price, second by Mr. Wheelock, Agenda Item No. 9 was introduced. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MS. PRICE RESOLUTION NO. 395-12 Authorize Agreement/Accept Funds 310 ---PAGE BREAK--- Health Department/Administration (Healthy Places to Live, Work and Play Grant) WHEREAS, the Cortland County Health Dept. (CCHD) wishes to enter into an agreement with Seven Valleys Health Coalition, Inc. (SVHC) for our Public Health Educators to provide assistance to the SVHC in development and implementation of specific activities related to the NYSDOH grant awarded to SVHC titled “Healthy Places to Live, Work and Play”, AND WHEREAS, in consideration of CCHD providing assistance for the period April 1, 2012 through December 31, 2012, SVHC will pay a total amount up to $16,339 to compensate the CCHD for salary and fringe, to be added to the 2012 County Budget Revenue Account A401042.41689.4000, AND WHEREAS, in consideration of CCHD providing assistance for the period January 1, 2013 through March 31, 2013, SVHC will pay a total amount up to $5,535 to compensate the CCHD for salary and fringe, to be added to the 2013 County Budget Revenue Account A401042.41689.4000 , NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with Seven Valley Health Coalition, Inc. to accept these funds. On motion of Mr. Fuller, second by Mr. Spaulding, Agenda Item No. 10 was introduced. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF FULLER RESOLUTION NO. 396-12 Award Highway Equipment – Snow Plow Equipment/Dump Trucks Highway Department WHEREAS, the Highway Committee has approved the purchase of two 2013 or newer International Cab & Chasis, AND WHEREAS, the Highway Committee has approved the purchase of two 2013 or newer Snow Plow Equipment packages, AND WHEREAS, the Oneida County Bid Reference #1571 for purchasing International Trucks allows other municipalities within New York State to “piggyback” on the Oneida County bid, AND WHEREAS, the Genesee County Bid Reference #2015-05 for purchasing Snow Plow Equipment packages allows other municipalities within New York State to “piggyback” on the Genesee County bid, AND WHEREAS, the Cortland County Highway Department has determined that it is in the best interest of Cortland County to utilize the Oneida County Bid and the Genesee County Bid, AND WHEREAS, the Highway Superintendent has recommended the purchase of two 2013 or newer International Cab and Chasis with the bid as follows: International Cab & Chasis 311 ---PAGE BREAK--- BIDDERS BID Navistar, Inc. $113,600.00 each 339 Albany Shaker Road Suite 202 Loudonville, NY 12211 , AND WHEREAS, the amount is not to exceed $227,200.00, AND WHEREAS, the Highway Superintendent has recommended the purchase of two 2013 or newer Snow Plow Equipment Packages with the bid as follows: Snow Plow Packages BIDDERS BID Viking Cives $71,000.00 each 14331 Mill St. Harrisburg, NY 13648 , AND WHEREAS, the amount is not to exceed $142,000.00, 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 2013 or newer International Trucks, and two 2013 or newer Snowplow Equipment Packages. On motion of Mr. Fuller, second by Mr. Cornell, Agenda Item No. 11 was introduced. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 397-12 Engineering Services Term Agreement Highway Department and the Solid Waste Division WHEREAS, the County Highway Superintendent has identified the need for Professional Engineering Services for the performance of highly specialized engineering tasks for the Cortland County Highway Department and the 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, NY 13220 to provide Professional Engineering Services to the County Highway Department and the Solid Waste Division on various engineering tasks assigned by the County Highway Superintendent, NOW THEREFORE BE IT 312 ---PAGE BREAK--- 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 Highway D50205.54055 and D51125.54055.7017 and the Solid Waste Division EL81605.54055 and EL81615.54055 or any other Professional Services Accounts established in the Highway Department Budget, 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, NY 13220, for Professional Engineering Services for a two year term beginning January 1, 2013 and ending December 31, 2014. On motion of Mr. Fuller, second by Mr. Bushnell, Agenda Item No. 12 was introduced. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 398-12 Engineering Services Highway Department Abatement Services WHEREAS, the Cortland County Legislature has recommended Barton & Loguidice, 290 Elwood Davis Road, Syracuse, NY 13220 to provide Professional Engineering Services to the County Highway Department on various engineering tasks assigned by the County Highway Superintendent, AND WHEREAS, the County Highway Superintendent, along with the Building and Grounds Department, has identified the need for Professional Engineering Services for the Abatement Design, Construction Drawings, Specifications, Bidding Assistance and Construction services for the removal of vermiculite insulation on the top of the ceilings in HB-1 (Highway Building One), NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment for said Professional Engineering Services from Account A16205.54076 for an estimated cost of $7,500.00. On motion of Mr. Troy, second by Mr. Cornell, Agenda Item No. 13 was introduced All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. TROY RESOLUTION NO. 399-12 Authorize Agreement/Leachate Testing Highway Department/ Landfill WHEREAS, the Highway Superintendent has recommended Microbac-New York, 3821 Buck Drive, Cortland New York to perform leachate laboratory testing, AND WHEREAS, the testing of leachate and storm water is required under the NYSDEC landfill permit and the City of Cortland Wastewater permit, NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Microbac-New York, 3821 Buck Drive, Cortland New York to perform the leachate testing and the associated report preparation for the Cortland 313 ---PAGE BREAK--- County Landfill for an estimated cost of $12,000 per year, commencing on the execution of the agreement and ending December 31, 2013, AND BE IT FURTER RESOLVED, that Microbac-New York services may be required by the Highway Department to perform various miscellaneous tasks, AND BE IT FURTHER RESOLVED, that all costs associated with landfill leachate testing shall be charged to account # EL81605.54055 and all miscellaneous testing be charged to #D50205.54055. On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 14 was introduced. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PACE RESOLUTION NO. 400-12 Revise Self Insurance Rates – Cortland County Employees’ Health Benefits Program WHEREAS, the County sets premium equivalent rates to be charged to individuals, employees and/or County agencies participating in the County’s Health, Dental and Vision Insurance programs, AND WHEREAS, said premiums are based upon claims experience within each program, AND WHEREAS, BCG has recommended premium equivalents based upon projected claims during the period January 1, 2013 through December 31, 2013, NOW THEREFORE BE IT RESOLVED, that effective January 1, 2013, the premium equivalents to be charged to the individuals, employees and/or County agencies participating in the Cortland County Government Employee’s Health Benefits Program shall be in accordance with the attached schedule, AND BE IT FURTHER RESOLVED, that the Personnel Office is hereby directed to notify the affected parties of this revision. EFFECTIVE FOR FEB. 1, 2013 HEALTH/DENTAL/VISION INSURANCE RATES HEALTH INSURANCE RATES 2012 RATES 2013 RATES Individual $674.59 $ 682.69 +1.2% Family $1640.85 $1660.54 +1.2% Employees Total Employee County Employee Share County Share Premium Share Share Per Pay Check Per Pay Check S10 682.69 68.27 614.42 31.54 283.58 S20 682.69 136.54 546.15 62.99 252.09 S30 682.69 204.81 477.88 94.53 220.58 F10 1660.54 166.05 1494.49 76.67 689.75 F20 1660.54 332.11 1328.43 153.29 613.16 F30 1660.54 498.16 1162.38 229.93 536.46 314 ---PAGE BREAK--- DENTAL INSURANCE RATES – no change 2012 Rate 2013 Rate Emp. Mo. Share County Share Emp Share/Pay Single 12.00 12.00 6.00 6.00 2.78 Family 48.00 48.00 42.00 6.00 18.76 VISION INSURANCE RATES – no change 20012 Rate 2013 Rate Emp. Mo. Share County Share Emp Share/Pay Single 3.25 3.25 1.63 1.63 0.75 Family 13.00 13.00 11.37 1.63 5.00 COBRA INSURANCE HEALTH DENTAL VISION Single 696.34 12.24 3.31 Family 1693.75 48.96 13.26 RETIREES S10% w/o MC $68.27 - 0 = 68.27 F10% w/o MC 166.05 - 0 = 166.05 S10% w/ MC 68.27 - 104.90 = 0 F10% w/MC 166.05 - 104.90 = 61.15 S20% w/o MC 136.54 - 0 = 136.54 F20% w/o MC 332.11 - 0 = 332.11 S20% w/ MC 136.54 - 104.90 = 31.64 F20% w/MC 332.11 - 104.90 = 227.21 S30% w/o MC 204.81 - 0 = 204.81 F30% w/o MC 498.16 - 0 = 498.16 S30% w/MC 204.81 - 104.90 = 99.91 F30% w/MC 498.16 - 104.90 = 393.26 MEDICARE PART B/SURVIVOR’S SURVIVORS TOTAL PREMIUM/MO. COUNTY SHARE SHARE Single w/o MC 682.69 0 682.69 Single w/MC 682.69 104.90 577.79 On motion of Mr. Pace, second by Mr. Troy, Agenda Item No. 15 was introduced. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PACE RESOLUTION NO. 401-12 Amend Management/Management Confidential Compensation Policy Grade and Step Schedule for 2013 WHEREAS, the Cortland County Legislature adopted a local law on November 14, 2011 entitled A Local Law to Adopt the County of Cortland Employment Policy Manual for Department Heads, Management Employees, Management/Confidential Employees and a Grade and Step plan for employees falling under the plan, AND WHEREAS, the County Administrator is recommending that the 2013 Grade and Step Plan be adjusted and established to incorporate a 1.5% cost of living adjustment, effective January1, 2013 in 315 ---PAGE BREAK--- 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 THRERFORE 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 2013 Grade and Step plan for employees falling under the plan effective January 1, 2013 in accordance with the following schedule. TENNATIVE 2013 GRADE AND STEP FOR MANAGEMENT CONFIDENTIAL BASED ON A 1.5% INCREASE 1 2 3 4 5 6 Grade hire rate 2 year 4 year 6 year 8 year 10 year 1 $75,930 $78,968 $82,126 $85,411 $88,827 $92,380 2 $70,632 $73,459 $76,396 $79,451 $82,629 $85,935 3 $65,705 $68,333 $71,066 $73,909 $76,865 $79,939 4 $61,120 $63,565 $66,108 $68,752 $71,502 $74,362 5 $56,856 $59,131 $61,496 $63,955 $66,513 $69,174 6 $52,890 $55,005 $57,205 $59,493 $61,873 $64,348 7 $49,199 $51,168 $53,214 $55,343 $57,557 $59,859 8 $45,766 $47,598 $49,503 $51,482 $53,541 $55,683 9 $42,574 $44,277 $46,048 $47,890 $49,805 $51,797 10 $39,604 $41,188 $42,836 $44,548 $46,332 $48,184 11 $33,603 $34,947 $36,345 $37,799 $39,310 $40,883 Management Confidential 5 $19.4055 $20.1818 $20.9891 $21.8286 $22.7017 $23.6099 4 $17.9379 $18.6554 $19.4016 $20.1777 $20.9847 $21.8242 3 $17.2479 $17.9379 $18.6554 $19.4016 $20.1777 $20.9847 2 $16.5846 $17.2479 $17.9379 $18.6554 $19.4016 $20.1777 1 $15.9467 $16.5846 $17.2479 $17.9379 $18.6554 $19.4016 2013 Grade 1 Public Defender County Attorney Commissioner of Social Services Director of Information Technology Public Health Director Director, Comm. Grade 2 Supt. Highways Sheriff Grade 3 Undersheriff Personnel Officer Grade 4 Probation Director II County Auditor Deputy Highway Supt. Deputy Public Health Director Director of Planning County Clerk Asst. District Attorney 316 ---PAGE BREAK--- Mental Health Services Asst. Public Defender Asst. County Attorney Social Services Attorney Deputy Director of Information Technology Grade 5 Director, Agency on Aging Director, Real Property 1 Grant Administrator Director of Clinical Operations Director of Environmental Health Grade 6 Director Hospice Director of Social Services Director of Administrative Services Clinical Dir of MH Programs Grade 7 Bldg. & Gr. Superintendent Medical Director Medical Advisor Grade 8 Deputy Personnel Officer Fiscal Manager Public Health Program Manager Grade 9 Emp. & Training Director Family Support Services Director Grade 10 Director Fire & Emergency Management Fiscal Officer Clerk –Legislature Dir. of Veterans’ Services Agency Dir. of Weights and Measurers Administrative Services Manager Grade 11 Deputy County Clerk Motor Vehicle Director Asst. Director Fire & Emergency Management Safety Officer Coroner County Treasurer Fiscal Officer Trainee Grade 1 Secretary I Secretary to County Attorney Election Clerk Grade 2 Secretary II Secretary to Co. Administrator Investigator Secretary to County Administration Secretary to the Commissioner of Social Services Grade 3 Sr. Election Clerk Secretary to Sheriff Secretary to D. A. Grade 4 Paralegal Personnel Tech. Trainee Payroll Coordinator Office Manager Grade 5 Audit/Accounts Payable Specialist Personnel Technician 317 ---PAGE BREAK--- On motion of Mr. Pace, second by Mr. Whitney, Agenda Item No. 16 was introduced. Personnel Director Annette Barber said that an MSD study to review all County positions was begun in 2000, and finally adopted in 2005. She said the Management Compensation Plan was also adopted in 2005 to include all elected and appointed officials. She said prior to 2005 these salary increases were always approved by local law, then the practice stopped until 2011, when it began again, with the passage of a local law indicating that all of the elected and appointed officials were to be included in the management compensation plan, with the intent being to give the elected and appointed department heads the same salary increase as others in the management compensation policy. Mr. Troy asked the County Attorney about the legality of increasing salaries of elected officials during their term. Mr. Purser said it can be done by local law. Mr. Fuller said that this law is subject to a permissive referendum. All members voting in favor, except Legislators Bushnell, Briggs, Boyden, Hartnett, Cornell, Spaulding, and Wheelock, who were opposed. Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 402-12 Adopt Proposed Local Law No. 9 For The Year 2012 A Local Law To Increase The Salary Of County Officers Elected Or Appointed For A Fixed Term During Their Term Of Office 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 preserve the integrity of the Management Compensation Plan, the goal of which is to treat all employees equally by maintaining grade level salary increments attached to years of service to the county. It is therefore necessary for the County Legislature to extend by local law the same increase in salary for those county officers elected or appointed for a fixed term, in compliance with New York State County Law §201, as has been previously adopted pursuant to the Grade and Step Schedule for Management/Management Confidential Employees through Cortland County Local Law No. 4 of 2011. SECTION II. The Cortland County Employment Policy Manual for Department Heads, Management and Management / Confidential Employees includes a Grade and Step Schedule, with salary increments tied to grade levels and years of service. Certain officers are excluded pursuant to New York State County Law §201, as the salary of any officer elected or appointed for a fixed term may only be increased by local law subject to permissive referendum as provided for in Municipal Home Rule Law §24(2)(h). SECTION III. The same rate of annual salary increase for fiscal year 2013 extended to Cortland County Management and Management/Confidential Employees through the modification of the Grade and Step Schedule, shall be provided to those officers elected or appointed for a fixed term, during their term of office. The annual salary of said officers elected or appointed for a fixed term, during their term of office, is to be adjusted and paid over the balance of the 2013 calendar year, upon the effective date of this local law. This local law shall function to increase the salary of the following officers, during their term of office: 318 ---PAGE BREAK--- Elected officers include: County Clerk County Coroner(s) County Sheriff County Treasurer Officers appointed for a fixed term include: Clerk of the Legislature Commissioner of Social Services County Attorney County Auditor Highway Superintendent Personnel Officer Public Defender Public Health Director Real Property Tax Services Director Veterans Services Agency Director SECTION IV. This local law is subject to permissive referendum and shall not take effect until at least forty-five (45) days after its adoption as provided for by Municipal Home Rule Law §24. On motion of Mr. Pace, second by Mr. Cornell, Agenda Item No. 17 was introduced. All members voting in favor, except for legislators Briggs, Boyden, Bushnell and Hartnett. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 403-12 Adopt Proposed Local Law No. 10 For The Year 2012 A Local Law Setting The Salary Of Cortland County Election Commissioners Be it enacted by the County Legislature of the County of Cortland as follows: SECTION I. Pursuant to Election Law §3-208, each Cortland County Election Commissioner shall receive an equal annual salary, to be fixed by the County Legislature. SECTION II. The annual salary for each Cortland County Election Commissioner shall be increased from $28,411 to $28,837 for fiscal year 2013 and paid over the balance of the 2013 calendar year, upon the effective date of this local law. 319 ---PAGE BREAK--- SECTION III. This local law is subject to permissive referendum and shall not take effect until at least forty-five (45) days after its adoption as provided for by Municipal Home Rule Law §24. On motion of Mr. Pace, second by Mr. Ross, Agenda Item No. 18 was introduced. Ms. Arnold said that she has contacted the NYS Comptroller’s office about the potential changes to this plan. The Comptroller’s office would not give her a formal opinion, and that if the County does want a formal opinion a request should be sent from the County Attorney. Ms. Arnold said that NYS law states that school districts are required to have an independent audit committee as a checks and balances on internal auditors, and that the same practices make sense for County government. She said in particular the positions of Clerk of the Legislature, Auditor and County Attorney should be independent positions, working as a check and balance to the administrator, and as direct reports to the legislature. Ms. Price said the Legislature should have a say in who is being recommended for appointment and while the proposed changes do include a process which includes legislators, the ultimate responsibility and recommendation lies with the Administrator, and she believes a committee should make the recommendation. Mr. Cornell said that the Rules of Order should be amended prior to this policy, as the Rules need a two-thirds majority to be amended. Mr. Pace said a work session held earlier in the year the Legislature advised that department head recommendations should be given by the Administrator, and the appointment authority for those positions in which the law is silent should also be made by the Administrator. He said while the recommendation is made by the administrator for the five biennial positions the Legislature still retains ultimate appointment authority. Mr. Natoli said that if this passes there would then be a conflict with the Rules of Order, and asked which policy would then take precedence over the other. Mr. Pursers said this policy would supersede the Rules of Order. Mr. Natoli said that the proposed policy calls for two legislators to assist in the review of candidates, and with the administrator this constitutes a committee. The majority vote of the committee should dictate the recommendation, not the administrator, who could make a recommendation that conflicts with that of the legislators. Mr. Murphy said that Local Law No. 7 of 2002 states that the Administrator shall make the recommendation. The Clerk read a statement from Ms. Cobb, saying “she supports recommendations coming from the County Administrator, but that final appointment should be made by the Legislature.” The Clerk further stated that the intent of the policy amendment was to take all appointment procedures out of the Rules of Order, as the Rules were intended to be a guide for legislative proceedings, not a policy manual, and therefore it does not matter which is adopted first – this policy or the Rules. The goal is to have all local laws, policies and the Rules of Order in compliance with each other. Mr. Willcox said it is wrong for the Legislature to hold the Administrator responsible for the actions of department heads for which he has had no input in appointing. Chairman Park called for a roll call vote. Legislators Fuller, Pace, Ross, Troy, Willcox and Park voting in favor; all others opposed. The motion failed with a weighted vote of 14,774. Mr. Pace asked for input, especially for those who voted against the policy, as to what they would prefer. Following this Chairman Park called for a five minute recess. Upon reconvening, Mr. Willcox and Mr. Ross left the meeting. (Agenda Item’s originally sponsored by Mr. Willcox were subsequently sponsored by Mr. Parker) On motion of Mr. Whitney, second by Troy, Agenda Item No. 19 was introduced. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 404-12 Resolution Appointing Coroner’s Physician 320 ---PAGE BREAK--- WHEREAS, Section 400 of the County law requires that a County in which any Coroner is not a physician appoint a Coroner’s Physician, AND WHEREAS, Carrie Jackson, MD has agreed to serve that role for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby appoints Carrie Jackson, MD, as Coroner’s Physician for a term to expire Dec. 31, 2013, 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. On motion of Mr. Whitney, second by Mr. Bushnell, Agenda Item No. 20 was introduced. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. WHITNEY RESOLUTION NO. 405-12 Authorize Agreement – Emergency Medicine Physicians County Coroners WHEREAS, a Coroner’s Physician is required to sign a death certificate, or it is necessary to have an autopsy done on any death in which a certificate has not been signed, AND WHEREAS, it is the wish of the County Coroner’s Office and the Judiciary & Public Safety Committee to authorize additional Coroner’s Physicians to sign death certificates for a fee not to exceed $125 per signature, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to enter into an agreement with Emergency Medicine Physicians, 134 Homer Ave., Cortland, NY 13045, for the purpose of signing death certificates in the absence of the duly appointed Coroner’s Physician. On motion of Mr. Parker, second by Ms. Price, Agenda Item No. 21 was introduced. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PARKER RESOLUTION NO. 406-12 Authorize Agreement JCM Architectural Associates Window& Door Replacement, Security Implementation Buildings & Grounds WHEREAS, the Cortland County Legislature wishes to replace doors and windows at its 37 Church St. facility, replace windows in the County Office Building Gymnasium, replace entry doors at the County Office Building in conjunction with implementing security at that facility, AND 321 ---PAGE BREAK--- WHEREAS, the Buildings & Grounds Committee has solicited quotes from Bell & Spina Architects, JCM Architectural Associates, D. Wagner Drafting, Wendel Companies, and Crawford & Stearns Architects, AND WHEREAS, Bell & Spina, JCM Architects and D. Wagner submitted proposals to prepare specifications for the aforementioned project, AND WHEREAS, JCM Architectural Associates,7449 Morgan Road, Liverpool, N.Y. 13090 has submitted a complete proposal to prepare specifications for the window, door and security project, AND WHEREAS, Cortland County is not requiring additional insurance in excess of one million dollars resulting in savings of $4,500 from the original proposal dated October 8, 2012, AND WHEREAS, JCM Architectural Associates has differentiated the proposed projects as follows: Window & Door Replacement for 37 Church St - $17,000.00, Door Replacement & Security review for 60 Central Ave. - $24,500.00, Window Replacement for 60 Central Ave. - $8,500, Reimbursable expense budget - $1,500.00, for a total cost of $51,500.00 NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to sign an agreement for said services with JCM Architectural Associates in an amount not to exceed $51,500.00 to be funded from Tobacco Securitization Funds. On motion of Mr. Parker, second by Mr. Cornell, Agenda Item No. 22 was introduced. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PARKER RESOLUTION NO. 407-12 Authorize Agreement ACM Material – Highway Barton & Logiudice/Buildings & Grounds WHEREAS, there has been ACM (Asbestos Containing Material) identified at the Highway Office Complex, AND WHEREAS, the County is desirous of mitigating said material, AND WHERAS, there is a need to fund said project by encumbering 2012 funds, AND WHEREAS, Barton & Loguidice has present a proposal to abate said ACM’s for an estimated cost of $ 62,580.00 and be funded from A16205.52025.2302 – Highway ACM Project, NOW THEREFORE BE IT RESOLVED, that this Legislature hereby authorizes the Chairman to enter into an Agreement with Barton & Loguidice to mitigate this problem upon approval of the County Attorney and in accordance with the attached proposal, AND BE IT FURTHER RESOLVED, that the Treasurer is hereby directed to transfer $60,000.00 from Acc. No. A16205.52000.1622 – CAP EQUIP to Acc. No. A16205.52025.2302 – Highway ACM Project and encumber the funds for expenditure in 2013. 322 ---PAGE BREAK--- On motion of Mr. Parker, second by Mr. Troy, Agenda Item No. 23 was introduced. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PARKER RESOLUTION NO. 408-12 Authorize Agreement Information Technology (Munis) WHEREAS, the Contractual Agreement with MUNIS software used in various County Departments will expire on December 31st, 2012 AND WHEREAS, a new Contractual Agreement with MUNIS has been received for the period 1/1/2013 thru 12/31/2013 totaling $33,307.13 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, with MUNIS, for the above service, upon the approval of the County Attorney. On motion of Mr. Parker, second by Mr. Bushnell, Agenda Item No. 24 was introduced. The clerk advised that the resolution was revised by the Budget & Finance Committee, and allows for the acquisition of a utility tractor and a zero-turn lawn mower, but not a skid steer tractor, as was proposed by Building & Grounds Director Brian Parker. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION MR. PARKER RESOLUTION NO. 409-12 Accept Proposal/Authorize Agreement/Amend Budget CNY Farm Supply – Equipment Replacement Buildings & Grounds WHEREAS, the Buildings & Grounds Committee recognizes the periodic replacement of equipment is necessary and also recognizes the need to stabilize equipment replacement costs in the Budget, AND WHEREAS, the Buildings & Grounds Committee has solicited proposals from CNY Farm Supply, Empire Tractor, and Thompson & Johnson in order to obtain the most fiscally responsible method and cost for equipment replacement and stabilize budget numbers, AND WHEREAS, CNY Farm Supply/CNY Power Sports has presented a proposal to replace John Deere utility tractor (trade value $2,700.00) and Massey Ferguson utility tractor (trade value $13,876.00) with utility tractor and zero turn lawn mower for a one time cost of $ 40,900.00, guarantee a two year replacement cost of 13,500.00 and with a guarantee of a “no down time “clause in the agreement, AND WHEREAS, CNY Farm Supply/CNY Power Sports is and has NYS Vendor # 100011291, AND WHEREAS, the zero turn mower is listed under NYS Contract Group# 37000, Award # 21459 and the Vent Trac utility tractor is listed under GSA Contract# GS-21F-0085U, NOW THEREFORE BE IT 323 ---PAGE BREAK--- RESOLVED, that this Legislature authorizes the Legislative Chairman to enter into an agreement with CNY Farm Equipment/CNY Power Sports, 3865 US Route 11, Cortland, N.Y. 13025, for equipment replacement, upon approval of the County Attorney, AND BE IT FURTHER RESOLVED, that this Legislature authorizes the County Treasurer to transfer $40,900.00 from A16205.5200.1622 Capital Equipment to A16205.52025 Repair and Maintenance to fund said agreement. On motion of Mr. Pace, second by Mr. Bushnell, Agenda Item No. 25 was introduced. Mr. Murphy said that this audit will cost no more than $10,000, and will include the review of six entities that collect occupancy tax. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. PACE RESOLUTION NO. 410-12 Amend Budget/Authorize Agreement Occupancy Tax Audit/Bonadio Group County Administrator WHEREAS, the Budget & Finance Committee recommends that an audit be performed on the operations of the County Occupancy Tax Collection program, AND WHEREAS, Bonadio & Co. LLP has submitted a proposal to conduct such an audit, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized and directed to sign an agreement with the Bonadio Group, 171 Sully’s Trail, Suite 201, Pittsford, NY 14534, to audit the operations of six agencies that collect and submit occupancy tax, for a cost not to exceed $10,000, AND BE IT FURTHER RESOLVED that the 2012 budget be amended as follows: Increase: A1175 54055 Professional Services $10,000 Decrease: A351041 41113 Occupancy Tax Revenue $10,000 On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 26 was introduced. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PARK RESOLUTION NO. 411-12 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 324 ---PAGE BREAK--- RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Virgil: 127.15-01-31.000-20 Christopher R. Johnson 66.00 127.15-01-31.000-30 Maria Yarris 55.00 127.15-01-31.000-50 Tom & Lisa McCarthy 66.00 Total $187.00 Submitted to Cortland County Real Property Tax Services on 10/25/12 by Bonnie Hand, Virgil Town Clerk. On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 27 was introduced. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PARK RESOLUTION NO. 412-12 Levying Water Charges - Town of Cincinnatus Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Cincinnatus, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW, THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Cincinnatus: 123.13-01-43.000 Shiloh Aldrich 272.58 113.17-01-06.000 Carlos Almaguer 189.82 123.05-01-72.000 Cindy Ballard 297.12 122.08-01-20.000 Lawrence Blanchard 131.85 123.09-01-02.000 Donald Brown 369.72 123.13-01-01.000 Gordon Brown 126.62 123.00-03-13.000 Kenneth Brown 280.62 123.00-04-19.000 David Christy 15.16 112.20-01-25.000 Blake Davis 307.02 123.13-01-41.000 Wendy Davis 157.42 123.05-01-37.000 James Dibble 126.62 123.00-03-06.200 DKT LLC 15.16 123.13-01-36.000 Charles Eaton 277.87 123.00-04-04.000 Charles Eaton 15.16 123.13-01-32.000 David Gallow 208.57 112.20-01-07.000 Edward Gonzalez 204.72 112.20-01-10.000 Edward Gonzalez 15.16 132.00-01-10.200 Debra Holtmart 161.82 113.17-01-32.000 James Huss 261.70 113.17-01-34.200 James Huss 22.74 123.05-01-33.000 Joseph King 235.00 112.20-01-01.000 Adam Kuscher 126.62 112.20-01-02.000 Adam Kuscher 15.16 325 ---PAGE BREAK--- 122.00-03-04.000 Bryan Kwak 173.76 122.00-03-25.000 Joshua Lieb 295.50 123.05-01-65.000 Keith McDonald 146.04 113.17-01-34.110 Michael McNally 15.16 122.08-02-16.000 Leslie Menshouse 391.78 123.05-01-10.000 Natoli Independent Retailers 126.62 122.12-01-05.000 Jeffrey Pierson 298.77 123.13-01-42.000 Jedadiah Pittsley 233.87 122.12-01-08.000 Emmanuel Pothos 8.27 123.13-01-33.000 Emmanuel Pothos 196.43 122.00-03-21.000 Irene Pothos 126.62 122.00-03-22.000 Irene Pothos 203.62 123.05-01-19.000 Irene Pothos 1030.82 123.05-01-36.000 Irene Pothos 126.62 112.00-03-04.000 Douglas G Renz 289.42 123.13-01-25.000 Jay Rice 294.37 123.00-03-09.000 Judy Rice 74.07 123.05-01-08.000 Jessica Rutan 126.62 123.05-01-58.000 Shawn Scoville 285.57 113.17-02-02.000 Carol Simmons 126.62 113.17-01-03.000 Ronald Smith 222.43 122.08-01-02.000 Vicki Staley 220.40 123.13-01-08.200 David Steacy 111.46 123.13-01-09.000 David Steacy 111.46 123.00-04-20.000 Kathleen Stoker 126.62 123.05-01-07.000 Richard Supley 187.12 122.08-01-36.100 Jeanette Wasko 379.07 113.17-02-16.000 James Williams 746.13 123.05-01-53.000 Robert Woodcock 215.17 123.05-01-48.000 Ricky Yale 384.98 123.09-01-03.000 Ricky Yale 99.12 Total $11,208.74 Submitted to Cortland County Real Property Tax Services 12/5/12 by Dale Bates, Supervisor. On motion of Mr. Park, second by Mr. Cornell, Agenda Item No. 28 was introduced. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MR. PARK RESOLUTION NO. 413-12 Levying Sewer Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT 326 ---PAGE BREAK--- RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: Lindhorst, Walter 76.14-01-01.000 113.80 Pritt, James 76.14-01-09.000 320.27 Watrous, Richard 76.14-01-10.000 49.18 McBride III, Theodore 76.15-01-12.000 229.72 Homer Avenue Inn LLC 76.15-01-29.000 11,535.33 Crandall-Jones, Stacy 76.18-01-31.000 177.42 Poppe, Christine 76.19-01-22.000 269.72 Perelka, Edward 76.19-01-45.100 109.63 Lader, Ronald 85.11-01-04.100 126.48 Ossit, Susan 85.16-01-10.000 62.84 McGrath, John 85.16-01-30.000 246.77 Morris, Judy 85.20-01-27.000 210.74 Cummins, Christopher 85.20-01-33.000 236.01 Cotie, Robert Wayne 86.09-01-12.000 54.96 Casey, Valerie 86.09-01-19.000 75.81 Clark, Earl 86.09-01-24.000 31.13 Locke, Benjamin 86.13-01-44.000 47.95 Cortland Station Inc. 86.13-01-65.100 602.55 3901 West Road LLC 86.17-01-02.120 101.20 Darling, Gerald 87.00-05-07.000 50.60 Baker, William 87.04-01-05.000 49.64 Caughey, Daniel 87.04-01-09.000 311.76 Pothos, Vasilios 87.04-01-12.000 154.63 Beard, James 87.04-01-15.000 463.37 Strauf, Stephen 95.11-03-02.000 324.50 Atkins, Albert 95.11-03-10.000 73.01 Warwick, Michael 95.11-04-06.000 82.27 Cortland County SPCA 95.12-01-06.100 239.89 Brown, Scott 95.14-01-32.000 37.37 Howarth, Jeffrey 95.15-01-07.100 63.22 VanDee, Robert 95.15-03-04.000 169.16 Edinger, John 95.15-03-11.000 192.82 Perkins, Jennifer 95.16-01-25.000 102.81 Corp, Rebecca 95.16-01-40.000 676.21 Nadge, Adrienne 95.16-01-47.000 362.94 Dankert, David 95.16-01-53.000 341.52 Pitts, Charles 95.16-01-55.000 92.75 Ladd Trust Estate, Leo 95.16-01-60.000 547.10 Payne-Lowe, Lydia 95.16-02-04.000 126.50 Burnham, Margaret 95.16-02-09.000 101.20 DeGrazia, David 95.16-02-24.000 353.98 Dorsett, Gail 95.16-02-31.000 206.53 DiNardo, Kyle 95.16-02-37.000 189.08 Rushak-Lamson, Aftin 95.16-02-40.000 88.51 Cortlandville Crossing LLC 95.20-02-06.000-1 53.26 Willcox Tompkins St Prop 96.05-01-19.000 601.84 Cook, Kimberly 96.06-02-14.000 417.18 327 ---PAGE BREAK--- Shute, Courtney 96.06-02-15.000 87.26 Hutchinson, John 96.06-02-20.000 59.28 Spaziani, Maria 96.06-02-49.000 63.98 Grant, George 96.06-02-65.000 162.46 Chierchio, John 96.08-01-01.000 96.10 Decker, Christian 96.09-01-09.000 244.44 Ruggiero, Gerry 96.09-01-26.000 161.03 Wing, Charles 96.09-01-70.000 46.04 Pollock, Gerald 96.09-02-06.000 96.92 Keane, Thomas 96.09-02-08.000 305.49 Kearney, David 96.09-02-13.000 214.90 Vandeuson, James 96.09-02-29.000 259.67 O'Dell, Richard 96.09-02-30.000 139.13 Burt, Richard 96.09-02-33.000 49.37 Towers, Jack 96.09-02-34.000 177.04 Whitcor Funding LLC 96.09-02-38.100 123.50 Stewart, Leon 96.09-04-06.000 282.34 Bean, Robert 96.09-04-09.000 1144.25 Pristash, Kevin 96.10-01-25.000 467.74 Mershon, Michael 96.10-02-11.000 57.45 Rochem Mark 96.10-02-40.000 29.51 Cortland Suites LLC 96.13-01-02.100 268.45 Vasanti Corporation 97.02-01-04.000 3929.74 Hopko, Scott 105.08-02-35.000 266.21 TOTAL $29,807.46 Submitted to Cortland County RPTS 12/10/12 by Karen Q. Snyder, Cortlandville Town Clerk. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 29 was introduced. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. PARK RESOLUTION NO. 414-12 Levying Water Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW, THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: Walsh, Timothy 76.00-01-28.000 79.22 Lindhorst, Walter 76.14-01-01.000 85.58 Pritt, James 76.14-01-09.000 240.86 Watrous, Richard 76.14-01-10.000 36.99 McBride III, Theodore 76.15-01-12.000 172.76 328 ---PAGE BREAK--- Gorman, Heather 76.15-01-15.000 104.63 Sauerbier, Charles 76.17-01-05.000 76.12 Crandall-Jones, Stacy 76.18-01-31.000 133.42 Poppe, Christine 76.19-01-22.000 202.84 Perelka, Edward 76.19-01-45.100 82.46 Lader, Ronald 85.11-01-04.100 95.13 McGrath, John 85.16-01-30.000 175.70 Stiles, John 85.16-02-04.120 148.74 Naylor, Justin 85.19-01-05.000 253.54 Randall, Julie 85.19-01-37.000 1,663.28 Soule, Roger 85.19-01-39.000 69.72 Morris, Judy 85.20-01-27.000 158.49 Cotie, Robert Wayne 86.09-01-12.000 41.33 Casey, Valerie 86.09-01-19.000 57.01 Clark, Earl 86.09-01-24.000 23.41 Locke, Benjamin 86.13-01-44.000 36.06 Cortland Station Inc. 86.13-01-65.100 453.11 3901 West Road LLC 86.17-01-02.120 76.12 Darling, Gerald 87.00-05-07.000 38.06 Caughey, Daniel 87.04-01-09.000 234.43 Petrella, John 95.07-01-12.000 145.82 Jones, William 95.07-02-09.000 272.54 Delucia, Dominick 95.08-01-01.000 60.24 Bergeron, Keith 95.11-01-16.000 132.27 Ruggiero, Gerald 95.11-01-24.000 72.89 Strauf, Stephen 95.11-03-02.000 244.03 Atkins, Albert 95.11-03-10.000 54.91 Warwick, Michael 95.11-04-06.000 61.86 Cortland County SPCA 95.12-01-06.100 180.40 Brown, Scott 95.14-01-32.000 28.11 Howarth, Jeffrey 95.15-01-07.100 47.54 VanDee, Robert 95.15-03-04.000 102.31 Edinger, John 95.15-03-11.000 145.02 Woodward, Wayne 95.16-01-11.000 167.34 Perkins, Jennifer 95.16-01-25.000 77.32 Corp, Rebecca 95.16-01-40.000 508.49 Nadge, Adrienne 95.16-01-47.000 272.95 Dankert, David 95.16-01-53.000 256.83 Pitts, Charles 95.16-01-55.000 69.76 Ladd Trust Estate, Leo 95.16-01-60.000 292.07 Payne-Lowe, Lydia 95.16-02-04.000 50.42 Burnham, Margaret 95.16-02-09.000 76.12 Phelps, Robert 95.16-02-17.000 124.03 DeGrazia, David 95.16-02-24.000 266.19 Dorsett, Gail 95.16-02-31.000 155.32 DiNardo, Kyle 95.16-02-37.000 142.06 Rushak-Lamson, Aftin 95.16-02-40.000 66.56 Cortlandville Crossing LLC 95.20-02-06.000-1 139.05 Slack, Susan 96.00-03-10.110 72.67 McKinney, Scott 96.00-12-03.000 66.80 Willcox Tompkins St Prop 96.05-01-19.000 452.57 329 ---PAGE BREAK--- Harrington, Dustin 96.05-01-32.000 120.11 Cook, Kimberly 96.06-02-14.000 313.72 Shute, Courtney 96.06-02-15.000 65.63 Hutchinson, John 96.06-02-20.000 44.58 Spaziani, Maria 96.06-02-49.000 48.11 Grant, George 96.06-02-65.000 120.03 Chierchio, John 96.08-01-01.000 72.27 Decker, Christian 96.09-01-09.000 183.83 Ruggiero, Gerry 96.09-01-26.000 121.10 Wing Charles 96.09-01-70.000 34.63 Pollock, Gerald 96.09-02-06.000 72.89 Keane, Thomas 96.09-02-08.000 229.73 Kearney, David 96.09-02-13.000 161.61 Vandeuson, James 96.09-02-29.000 195.29 O'Dell, Richard 96.09-02-30.000 104.64 Burt, Richard 96.09-02-33.000 37.14 Towers, Jack 96.09-02-34.000 133.15 Whitcor Funding LLC 96.09-02-38.100 92.89 Stewart, Leon 96.09-04-06.000 212.32 Bean, Robert 96.09-04-09.000 339.03 Pristash, Kevin 96.10-01-25.000 351.74 Mershon, Michael 96.10-02-11.000 43.21 Roche, Mark 96.10-02-40.000 22.20 Cortland Suites LLC 96.13-01-02.100 189.26 Eaton, Dorene 96.36-01-07.000 74.14 Hopko, Scott 105.08-02-35.000 200.19 TOTAL $13,126.94 Submitted to Cortland County RPTS 12/10/12 by Karen Q. Snyder, Cortlandville Town Clerk. On motion of Mr. Park, second by Ms. Price, Agenda Item No. 30 was introduced. The Clerk explained that the town had to mow for code enforcement purposes and have been unable to collect payment through invoices. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. PARK RESOLUTION NO. 415-12 Levying Grass and Weed Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid grass and weed control charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 130 of the Town Law of the State of New York, which statement includes unpaid grass and weed control charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of grass and weed control charges due said Town of Cortlandville: 330 ---PAGE BREAK--- Parker, Richard J 97.04-02-19.000 $271.73 Submitted to Cortland County RPTS 12/11/12 by Karen Q. Snyder, Cortlandville Town Clerk. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 31 was introduced. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. PARK RESOLUTION NO. 416-12 Levying Sewer Charges - Town of Cuyler Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cuyler, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW, THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cuyler: 31.02-02-14.000 Aldrich, Christopher 179.20 31.02-02-20.000 Driscoll, Christopher 179.20 31.02-02-09.000 Marshall, James 179.20 31.02-02-45.000 Aldrich, Chad 179.20 Total $ 716.80 Submitted to Cortland County Real Property Tax Services on 11/20/12 by Wendy Custer, Cuyler Town Clerk. On motion of Mr. Park, second by Ms. Price, Agenda Item No. 32 was introduced. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. PARK RESOLUTION NO. 417-12 Levying Water Charges - Town of Harford Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Harford, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW, THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Harford: 172.06-01-12.200 Dillworth, Marlana $ 330.75 172.05-01-32.000 Murray, Rachel 395.85 172.06-01-09.000 McCutcheon, Ruby 408.45 331 ---PAGE BREAK--- 172.06-01-01.000 Monroe, Edward 372.75 172.05-01-17.112 Poole, Thomas 463.05 Total $1,970.85 Submitted to Cortland County Real Property Tax Services on 11/26/12 by Diane Michaud, Harford Town Clerk. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 33 was introduced. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. PARK RESOLUTION NO. 418-12 Levying Water Charges - Town of Scott Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Scott, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Scott: 35.03-01-03.000 Parker, Chad $ 547.97 35.03-01-09.000 Pooler, Michael 453.98 35.03-01-10.000 Lake, Edward 528.53 35.03-01-13.000 VanLiew, Terry 486.84 35.03-01-14.000 Klotz, Stacy 960.86 35.03-01-24.000 Estep, Nancy 604.76 35.03-01-39.000 Carr, Connal 575.23 35.03-01-55.000 Bisha, Catherine 407.49 Total $4,565.66 Submitted to Cortland County Real Property Tax Service on 12/07/12 by Cathy A.Barber, Scott Town Clerk. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 34 was introduced. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MR. PARK RESOLUTION NO. 419-12 Levying Sewer Charges - Town of Virgil Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT 332 ---PAGE BREAK--- RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Virgil: 127.15-01-31.000-20 Christopher R. Johnson 104.50 127.15-01-31.000-30 Maria Yarris 104.50 127.15-01-31.000-50 Tom & Lisa McCarthy 104.50 Total $313.50 Submitted to Cortland County Real Property Tax Services on 10/25/12 by Bonnie Hand, Virgil Town Clerk. On motion of Mr. Park, second by Ms. Briggs, Agenda Item No. 35 was introduced. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. PARK RESOLUTION NO. 420-12 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, 2013, NOW THEREFORE BE IT RESOLVED, that there shall be and hereby is assessed and levied upon and collected from the taxable real property in the following named towns, outside of any incorporated villages, wholly or partially located therein, the amounts indicated below for the Highway items as specified in the budgets of the respective towns as follows: Town of Cortlandville . . . . . . . . . . . . outside village - $435,000 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 $ 86,363.00 Cuyler 220,953.00 Freetown 196,350.00 Harford 178,305.00 Homer 251,355.00 Lapeer 208,944.00 Marathon 78,520.00 Preble 106,000.00 Scott 165,962.00 Solon 215,694.00 333 ---PAGE BREAK--- Taylor 154,703.00 Truxton 227,295.00 Virgil 337,537.00 Willet 131,150.00 , AND BE IT FURTHER RESOLVED, that the amounts to be raised for the General Fund and Debt Service Fund purposes as specified in the several budgets presented to this Legislature and which are on file in the Office of Real Property Tax Services hereof, shall and hereby are assessed and levied upon and collected from all taxable property in the towns as enumerated below except as otherwise provided by law, namely, Town General Fund Cincinnatus $ Cortlandville townwide 1,261,566.00 Cuyler 160,648.00 Freetown 26,745.00 Harford 60,591.00 Homer townwide 168,059.00 Lapeer 240,410.00 Marathon 162,514.00 Preble Scott Solon 143,796.00 Taylor 87,957.00 Truxton 155,000.00 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 Mr. Park, second by Ms. Briggs, Agenda Item No. 36 was introduced. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MR. PARK RESOLUTION NO. 421-12 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 334 ---PAGE BREAK--- 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, 2013. On motion of Mr. Park, second by Ms. Briggs, Agenda Item No. 37 was introduced. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MR. PARK RESOLUTION NO. 422-12 Amend 2013 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 2013, Towns Amount Lapeer $236,667.34 WHEREAS, by Town of Cuyler resolution, $115,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Cuyler, AND WHEREAS, by Town of Harford resolution, $70,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Harford, AND WHEREAS, by Town of Solon resolution, $153,285.16 of the Sales Tax Revenue has been authorized to 335 ---PAGE BREAK--- be applied against the County Real Property Tax Levy in the Town of Solon, AND WHEREAS, by Town of Taylor resolution, $32,500.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Taylor, AND 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 2013 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 $787,601.45 and net amount to be raised by real property shall be $32,002,349.99. On motion of Mr. Park, second by Ms. Price, Agenda Item No. 38 was introduced. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MR. PARK RESOLUTION NO. 423-12 Levy County Tax City of Cortland Real Property Tax Services RESOLVED, that this Legislature directs the sum of seven million five hundred fifty-eight thousand, five hundred ninety-six dollars and 36 cents ($7,558,596.36) to be levied in the City of Cortland, Cortland County, for County purposes for the fiscal year beginning January 1, 2013 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 Mr. Park, second by Mr. Cornell, Agenda Item No. 39 was introduced. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MR. PARK RESOLUTION NO. 424-12 Fix Date to Sign Warrants Real Property Tax Services RESOLVED, that the date for the annexing of the warrants to the rolls of the Towns for collection of taxes be and hereby is fixed as of January 1, 2013 and that said warrants so annexed be made returnable on or before the first day of June 2013, 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 Mr. Park, second by Mr. Cornell, Agenda Item No. 40 was introduced. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. PARK RESOLUTION NO. 425-12 336 ---PAGE BREAK--- Levying Town Special District Taxes Real Property Tax Services RESOLVED, that there shall be and is hereby assessed and levied upon and collected from the real property liable therefore within the respective fire protection, fire and lighting districts in the towns as indicated below, as specified in their respective annual budgets for the year 2013: Town Fire Tax Light Tax Cincinnatus 95,833.00 11,695.00 Cortlandville 748,960.00 Cuyler 77,100.00 Freetown 37,290.00 Harford 78,429.00 Homer 83,500.00 Lapeer 57,587.00 Marathon 104,028.00 Preble 95,000.00 Scott 37,117.00 Solon 43,000.00 Taylor 36,143.00 Truxton 81,654.00 Virgil 215,255.00 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. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 41 was introduced. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. PARK RESOLUTION NO. 426-12 Resolution Of The Legislature Of The County Of Cortland, Amending Its Sales And Use Tax Resolution To Reflect The Extension Of The Sales Tax Distribution Agreement Between Cortland County And The City Of Cortland, 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. Subparagraph III of paragraph of subdivision of section fourteen of Resolution No. 216 as enacted in nineteen hundred sixty-seven, and last amended by Resolution No. 243 for the year 2011, is amended to read as follows: III. Beginning January 1, 2009, and ending May 31, 2013: 52.00% of such net collections shall be retained by the County; 337 ---PAGE BREAK--- 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 2. This enactment shall take effect immediately. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 42 was introduced. Ms. Arnold said the public comment period to review the regulations being put forth by the DEC is only 30 days, and falls during the holidays. She said the proper order of release would be the Supplemental General Environmental Impact Statement, then these regulations, however, the sGEIS has not yet been released. All members voting in favor, except Mr. Fuller and Mr. Wheelock, who were opposed. Agenda Item No. 42 became: ON MOTION OF MR. PARK RESOLUTION NO. 427-12 Resolution Requesting an Extension of Time for Review of the Revised Regulations for High Volume Hydraulic Fracturing WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has established a 30-day public comment period from December 12, 2012 through January 11, 2013 on the revised draft regulations for high volume hydraulic fracturing, AND WHEREAS, the documents released for public review by NYSDEC number 338 pages including the revised regulations 6 Parts 52, 190, 550 – 556, 560, 750.1, and 750.3; a summary and assessment of public comments; and additional analyses and impact statements, AND WHEREAS, the 30-day review period is completely inadequate for a thoughtful and thorough public review of the released documents and encompasses a period of time with major religious and national holidays, AND WHEREAS, due to Open Meetings Law requirements for advance public notice of agendas and supporting materials, the 30-day comment period essentially eliminates or severely hinders the ability for any municipal regulatory or advisory organizations which meet on schedules to review the released documents and draft, approve, and issue comments, AND WHEREAS, these regulations are intended, in part, to mitigate impacts on local municipalities, and as described above, because of requirements of Open Meetings Law, and the meeting schedule of local governments, a 30 day comment period virtually eliminates the ability of municipalities to draft, hear public comment, revise and vote on a response as to the adequacy of regulations designed to protect them, and WHEREAS, the NYSDEC has not completed and made public its health impact assessment, and it is therefore impossible to comment on the adequacy of these regulations in mitigating these yet undescribed impacts, and WHEREAS, the NYSDEC has not made public its revised economic impact assessment, and it is therefore impossible to comment on the adequacy of these regulations in mitigating these yet unseen impacts, NOW THEREFORE BE IT RESOLVED, that the County of Cortland requests that at a minimum the NYSDEC extend the public comment period on the revised regulations to a minimum of 90 days so as to allow adequate public process at 338 ---PAGE BREAK--- the local level and preferably that the NYSDEC not finalize the regulations on high volume hydraulic fracturing until after the SGEIS is finalized, AND BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to: Governor Andrew Cuomo; New York State Department of Environmental Conservation Commissioner Joe Martens, New York State Association of Counties, NYS Lifton, Fink, and Kolb, and NYS Senator Seward. The Clerk advised that there were three more resolutions not included on the agenda, and asked for a motion to suspend the Rules of Order to consider them. Mr. Troy made a motion to suspend the Rules of Order. Second by Mr. Parker. All members voting in favor; none opposed. The motion was approved. On motion of Mr. Park, second by Mr. Bushnell, Agenda Item No. 44 was introduced. All members voting in favor; none opposed. Agenda Item No. 44 became: ON MOTION OF MR. PARK RESOLUTION NO. 428-12 Appoint/Re-Appoint Members Community Services Board Sub-Committees WHEREAS, vacancies exist on several sub-committees of the Cortland County Community Services Board, NOW THEREFORE BE IT RESOLVED, that the following are hereby appointed For (re)appointment to the Mental Health Subcommittee: Amy Hamilton, PO Box 42, Preble NY -Term exp. 12/31/2016 - second term Tiffanie Parker, 18 Hamlin Ave, Cortland NY -Term exp. 12/31/2016 – second term Loreen Geiger, Van Donsel Rd, Cortland NY - Term exp. 12/31/2016 – Martha Bush vacancy Patricia Hansen, 150 Tompkins St, Cortland NY - Term exp. 12/31/2016 – Christina Taranto vacancy For (re)appointment to the Developmental Disabilities Subcommittee: Ellen Wright, 495 Route 90, Cortland NY -Term exp. 12/31/2016 – second term Jeff Beal, 407 Homer Gulf Rd, Homer NY -Term exp. 12/31/2016 – Tony Pace vacancy Jacquelyn Stegeland, 2381 S Cortland Virgil Rd, -Term exp. 12/31/2013 – Polly Cator vacancy For (re)appointment to the Chemical Dependency Subcommittee: Captain Budd Rigg, 5626 Scott Rd, Homer NY -Term exp. 12/31/2016 – second term On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 45 was introduced. All members voting in favor; none opposed. Agenda Item No. 45 became: ON MOTION OF MR. PARK RESOLUTION NO. 429-12 Appoint Members Region 7 Fish and Wildlife Management Board WHEREAS, the terms of the representatives of the Sportsmen’s Club of the Region 7 Fish and Wildlife Management Board have expired, AND 339 ---PAGE BREAK--- WHEREAS, the County is requested to also appoint a Legislative and a Landowner Representative to said Board, NOW THEREFORE BE IT RESOLVED, that Ronald Anderson, 1267 Route 392, Cortland, New York, 13045 be and hereby is re-appointed to the Region 7 Fish & Wildlife Management Board as the Sportsman Representative for a term ending December 31, 2013, AND BE IT FURTHER RESOLVED, that Brian Parker be appointed as the Legislative Representative on said Board for a term ending December 31, 2013, AND BE IT FURTHER RESOLVED, that the Clerk of the Cortland County Legislature submit a certified copy of this resolution to the NYS Department of Environmental Conservation located in Cortland, New York. On motion of Mr. Park, second by Mr. Troy, Agenda Item No. 46 was introduced. All members voting in favor; none opposed Agenda Item No. 46 became: ON MOTION OF MR. PARK RESOLUTION NO. 430-12 Re-appoint Member Soil & Water Conservation Board Traci Evanick WHEREAS, the term of Traci Evanick, Farm Bureau Representative expires on December 31, 2012, NOW THEREFORE BE IT RESOLVED, that Traci Evanick, Farm Bureau Representative be re-appointed for a three year term to expire on December 31, 2015. Mr. Cornell stated that, under new business, he would like to consider sending an apology to Mr. Dayton, on behalf of the Legislature. Mr. Parker and Mr. Troy both said they recommend waiting on any action regarding this until the pending litigation is settled. Announcements Mr. Cornell announced that he and Ms. Price have put together a year-long schedule of meetings and agendas, and that the group will be meeting on the fourth Tuesday of each month. Adjournment Mr. Bushnell made a motion to adjourn. Second by Mr. Fuller. 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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--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---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 $220,497.00 220,497.00 0.00 0.00 Highway - Townwide $226,363.00 140,000.00 0.00 86,363.00 Comm. Development $3,900.00 3,900.00 0.00 0.00 Sub-Total $450,760.00 $364,397.00 $0.00 $86,363.00 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 $619,843.00 $425,952.00 $0.00 $193,891.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $2,097,766.00 709,020.00 127,180.00 1,261,566.00 Gen - Outside Villages $655,627.00 489,750.00 165,877.00 0.00 Highway - Townwide $271,967.00 0.00 271,967.00 0.00 Hwy - Outside Villages $3,306,251.00 1,924,000.00 947,251.00 435,000.00 Sub-Total $6,331,611.00 $3,122,770.00 $1,512,275.00 $1,696,566.00 Special Districts C'ville Fire District $748,960.00 0.00 0.00 748,960.00 Sewer District $1,208,807.00 706,200.00 115,554.00 387,053.00 Water District $1,105,073.00 530,398.00 86,172.00 488,503.00 Sub-Total Special Districts $3,062,840.00 $1,236,598.00 $201,726.00 $1,624,516.00 Total $9,394,451.00 $4,359,368.00 $1,714,001.00 $3,321,082.00 SUMMARY OF TOWN BUDGETS - 2013 Published from Summary Sheets Submitted by Towns Town of Cincinnatus Town of Cortlandville ---PAGE BREAK--- Budgetary Provisions Less Estimated Other Uses Estimated Unexpended Amount to be Fund Appropriations (to equip reserve) Revenues Balance Raised by Tax General - Townwide $221,508.00 47,550.00 13,310.00 160,648.00 Highway - Townwide $279,338.00 20,000.00 78,385.00 220,953.00 Comm. Development $3,385.00 3,385.00 Sub-Total $504,231.00 $20,000.00 $129,320.00 $13,310.00 $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 77,100.00 Sub-Total Special Districts $88,950.00 $11,850.00 $0.00 $77,100.00 Total $593,181.00 $20,000.00 $141,170.00 $13,310.00 $458,701.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $177,810.00 151,065.00 0.00 26,745.00 Highway - Townwide $302,050.00 105,700.00 0.00 196,350.00 Sub-Total $479,860.00 $256,765.00 $0.00 $223,095.00 Special Districts Freetown Fire District $37,290.00 0.00 0.00 37,290.00 Sub-Total Special Districts $37,290.00 $0.00 $0.00 $37,290.00 Total $517,150.00 $256,765.00 $0.00 $260,385.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $213,095.00 131,300.00 21,204.00 60,591.00 Highway - Townwide $342,950.00 48,500.00 116,145.00 178,305.00 Sub-Total $556,045.00 $179,800.00 $137,349.00 $238,896.00 Special Districts Harford Fire District $78,429.00 0.00 0.00 78,429.00 Harford Mills Water District $5,975.00 5,975.00 0.00 0.00 Sub-Total Special Districts $84,404.00 $5,975.00 $0.00 $78,429.00 Total $640,449.00 $185,775.00 $137,349.00 $317,325.00 Published from Summary Sheets Submitted by Towns Town of Cuyler Town of Freetown Town of Harford SUMMARY OF TOWN BUDGETS - 2013 ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $488,779.00 320,720.00 0.00 168,059.00 Gen - Outside Villages $111,538.00 111,538.00 0.00 0.00 Highway - Townwide $318,500.00 67,145.00 0.00 251,355.00 Hwy - Outside Villages $691,532.17 596,532.17 95,000.00 0.00 Sub-Total $1,610,349.17 $1,095,935.17 $95,000.00 $419,414.00 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 $1,693,849.17 $1,095,935.17 $95,000.00 $502,914.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $273,860.00 13,450.00 20,000.00 240,410.00 Highway - Townwide $307,483.00 78,539.00 20,000.00 208,944.00 Sub-Total $581,343.00 $91,989.00 $40,000.00 $449,354.00 Special Districts Lapeer Fire District $57,587.00 0.00 0.00 57,587.00 Sub-Total Special Districts $57,587.00 $0.00 $0.00 $57,587.00 Total $638,930.00 $91,989.00 $40,000.00 $506,941.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $253,482.00 72,010.00 18,958.00 162,514.00 Gen - Outside Villages $48,916.00 48,916.00 0.00 0.00 Highway - Townwide $124,180.00 36,775.00 8,885.00 78,520.00 Hwy - Outside Villages $245,501.00 241,470.00 4,031.00 0.00 Sub-Total $672,079.00 $399,171.00 $31,874.00 $241,034.00 Special Districts Marathon Fire District $104,028.00 0.00 0.00 104,028.00 Sub-Total Special Districts $104,028.00 $0.00 $0.00 $104,028.00 Total $776,107.00 $399,171.00 $31,874.00 $345,062.00 Town of Homer Town of Lapeer Town of Marathon SUMMARY OF TOWN BUDGETS - 2013 Published from Summary Sheets Submitted by Towns ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $317,300.00 228,350.00 88,950.00 0.00 Highway - Townwide $372,472.00 244,400.00 22,072.00 106,000.00 Sub-Total $689,772.00 $472,750.00 $111,022.00 $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 $784,772.00 $472,750.00 $111,022.00 $201,000.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $205,211.00 124,630.00 80,581.00 0.00 Highway - Townwide $335,106.00 165,063.00 4,081.00 165,962.00 Sub-Total $540,317.00 $289,693.00 $84,662.00 $165,962.00 Special Districts Scott Fire District $37,117.00 0.00 0.00 37,117.00 Water District # 1 $16,660.00 16,910.00 -250.00 0.00 Sub-Total Special Districts $53,777.00 $16,910.00 ($250.00) $37,117.00 Total $594,094.00 $306,603.00 $84,412.00 $203,079.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $190,995.00 47,199.00 143,796.00 Highway - Townwide $325,496.00 99,956.00 9,846.00 215,694.00 Sub-Total $516,491.00 $147,155.00 $9,846.00 $359,490.00 Special Districts Solon Fire District $43,000.00 0.00 0.00 43,000.00 Sub-Total Special Districts $43,000.00 $0.00 $0.00 $43,000.00 Town Total $559,491.00 $147,155.00 $9,846.00 $402,490.00 Town of Solon Town of Preble Town of Scott SUMMARY OF TOWN BUDGETS - 2013 Published from Summary Sheets Submitted by Towns ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $146,332.00 58,375.00 0.00 87,957.00 Highway - Townwide $272,190.00 117,487.00 0.00 154,703.00 Sub-Total $418,522.00 $175,862.00 $0.00 $242,660.00 Special Districts Cincinnatus Fire Protect $36,143.00 0.00 0.00 36,143.00 Sub-Total Special Districts $36,143.00 $0.00 $0.00 $36,143.00 Total $454,665.00 $175,862.00 $0.00 $278,803.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $370,256.00 121,883.00 93,373.00 155,000.00 Highway - Townwide $434,891.00 169,242.00 38,354.00 227,295.00 Sub-Total $805,147.00 $291,125.00 $131,727.00 $382,295.00 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 $886,801.00 $291,125.00 $131,727.00 $463,949.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $613,212.00 403,600.00 85,385.00 124,227.00 Highway - Townwide $755,973.00 415,475.00 2,961.00 337,537.00 Sub-Total $1,369,185.00 $819,075.00 $88,346.00 $461,764.00 Special Districts Virgil Fire District $215,255.00 0.00 0.00 215,255.00 Virgil Sewer District # 1 $262,981.00 127,580.00 19,766.00 115,635.00 Virgil Water District # 1 $141,398.00 75,094.00 10,528.00 55,776.00 Sub-Total Special District $619,634.00 $202,674.00 $30,294.00 $386,666.00 Total $1,988,819.00 $1,021,749.00 $118,640.00 $848,430.00 SUMMARY OF TOWN BUDGETS - 2013 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 $233,481.00 132,345.00 53,231.00 47,905.00 Highway - Townwide $290,008.00 152,229.00 6,629.00 131,150.00 Joint Youth Commission $0.00 0.00 0.00 0.00 Sub-Total $523,489.00 $284,574.00 $59,860.00 $179,055.00 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 $566,489.00 $284,574.00 $59,860.00 $222,055.00 Town of Willet SUMMARY OF TOWN BUDGETS - 2013 Published from Summary Sheets Submitted by Towns