Document cortlandcountyny_gov_doc_c7f13684d1

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 ten. Dated: December 29, 2015 ---PAGE BREAK--- 2010-2011 Cortland County Legislature From Left: Jennifer Gofkowski (LD 10); Newell Willcox (LD9); Danny Ross (LD 12); Kathie Arnold (LD 16); Amy Cobb (LD3); Larry Cornell (LD 18); Don Spaulding (LD Majority Leader Sandra Price (LD 19), Michael Park (LD 11); Chairman Robert “Jack Williams (LD Minority Leader Susan Briggs (LD 14); John Troy (LD Thomas Hartnett (LD County Attorney Edward Purser; Richard Bushnell (LD David Fuller (LD 17); John Steger (LD 15); Ray Parker (LD Anthony Pace (LD Clerk Jeremy Boylan; County Administrator Martin Murphy ---PAGE BREAK--- ---PAGE BREAK--- AGING Res. 79-10 Amend Budget Area Agency on Aging Health Insurance Information, Counseling and Assistance Program 61 Res. 120-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 91 Res. 121-10 Amend Budget/Increase Truxton Senior Center to Four Days per Week Area Agency on Aging 92 Res. 149-10 Amend Budget-Area Agency on Aging/RSVP 113 Res. 216-10 Accept Bids/Authorize Purchase of Miscellaneous Groceries and Frozen Foods (Area Agency on 167 Res. 217-10 Accept Bids/Authorize Purchase of Paper Goods and Maintenance Supplies 167 Res. 218-10 Accept Bids/Authorize Purchase of Milk and Dairy Products 168 Res. 219-10 Amend Budget/Area Agency on Aging (Title VII Long Term Care Ombudsman Program) 169 Res. 296-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Food 230 Res. 319-10 Authorize Agreements Area Agency on Aging (Several Agencies, Departments, Etc.) 250 Res. 400-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies 318 Res. 401-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition/Misc Groceries and Frozen Foods 318 AGRICULTURE Res. 20-10 Resolution Supporting Efforts Encouraging Local Food Production and Distribute in Cortland County 18 Res. 42-10 Authorize Agreement Cortland County (Cornell Cooperative Extension) 35 Res. 43-10 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) 36 Res. 88-10 Re-Appoint Members Agricultural and Farmland Protection Board 69 Res. 94-10 Appoint Member CNY Regional Market Authority 72 Res. 95-10 Appoint Members Soil and Water Conservation Board 72 AIRPORT Res. 71-10 Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration and NYS Department of Transportation, Authorize Acquisition of Land Rights Cortland County Airport/Highway Department 55 Res. 105-10 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) Cortland County Airport-Chase Field 80 Res. 194-10 Authorize Easement and Removal from Tax Foreclosure Auction for the County of Cortland to Retain a Certain Portion of Parcel at 1058 Route 222 in Cortlandville 152 Res. 232-10 Approve Project, Authorize Acceptance of Grants from FAA and NYS DOT, Authorize Engineering Contract for Design of Obstruction Removal Project (County Airport) 177 Res. 288-10 Authorize Hangar Space Lease and Rental Rate Building MH1 – Airport 224 Res. 290-10 Award Construction Contracts (Main Hangar MH1 Renovations) 226 Res. 387-10 Create/Appoint Airport Advisory Board 307 ALTERNATIVES TO INCARCERATION Res. 23-10 Authorize Agreements Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives 21 Res. 52-10 Appoint Members Criminal Justices Advisory Board 44 Res. 163-10 Authorize Agreement Alcohol/Substance Abuse & Referral Services (Probation/A.T.I. – Sheriff/Jail 125 Res. 287-10 Amend and Update Agreements/Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives) 223 APPOINTMENTS Res. 1-10 Selecting Chairman of the County Legislature and Setting Official Undertaking 1 Res. 2-10 Appoint Clerk of the County Legislature 2 Res. 3-10 Appoint County Attorney 2 2010 RESOLUTION INDEX ---PAGE BREAK--- Res. 4-10 Appointment of Veterans’ Service Officer 3 Res. 5-10 Appointment of Public Defender 3 Res. 10-10 Appoint Interim Auditor 10 Res. 12-10 Authorize Appointment Health Department/Environmental Health (Hearing Officer Services) 15 Res. 13-10 Appoint Member/Board of Directors Finger Lakes Tourism Alliance 15 Res. 14-10 Appoint Members/Communications Advisory Board 16 Res. 15-10 Appoint Members TC-3 Financial Oversight Committee 16 Res. 16-10 Appoint Member Fire Advisory Committee 17 Res. 17-10 Appoint Members Records Management Advisory Board 17 Res. 18-10 Appoint Members Cooperative Extension Board of Directors 18 Res. 19-10 Re-Appoint Member Cortland County Convention and Visitors Center Board of Directors 18 Res. 21-10 Appoint Coroner’s Physician Amend Budget/Authorize Agreement - Emergency Medical Physicians- County Coroners 19 Res. 22-10 Appointment of Jail Physician Pursuant to Correction Law §501 20 Res. 24-10 Appoint Probation Director II Cortland County Probation Department 21 Res. 30-10 Appoint Member/Anthony Pace Cortland County Board of Health 27 Res. 36-10 Appoint/Re-Appoint Members Cortland County Youth Bureau 30 Res. 52-10 Appoint Members Criminal Justices Advisory Board 44 Res. 53-10 Appoint Member Cooperative Extension Board of Directors 44 Res. 55-10 Appoint Members Industrial Development Agency Board of Directors 46 Res. 57-10 Appoint Legislative Representation to the Occupancy Tax Allocation Committee 47 Res. 58-10 Appoint Member CNY RC & D Council 48 Res. 63-10 Appoint Member Jury Board 51 Res. 88-10 Re-Appoint Members Agricultural and Farmland Protection Board 69 Res. 89-10 Appoint Members Central New York Regional Planning and Development Board 69 Res. 90-10 Re-appoint Members Empire Zone Administrative Board 70 Res. 91-10 Appoint Member Industrial Development Agency Board of Directors 71 Res. 92-10 Re-Appoint Member Open Space Commission-NYSDEC 71 Res. 93-10 Appoint Members Region 7 Fish and Wildlife Management Board 72 Res. 94-10 Appoint Member CNY Regional Market Authority 72 Res. 95-10 Appoint Members Soil and Water Conservation Board 72 Res. 96-10 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) 73 Res. 97-10 Appoint Cortland County Liaison TC-3 Board of Trustees 73 Res. 98-10 Appoint Members Cortland County Emergency Medical Services Advisory Board 74 Res. 99-10 Appoint Members Community Services Board Mental Health 74 Res. 125-10 Appoint Member-Community Services Board – Mental Health 97 Res. 126-10 Appoint Members-Chemical Dependency Subcommittee Cortland County Community Services Board 98 Res. 127-10 Appoint Members-Mental Retardation/Developmental Disabilities Subcommittee-Cortland County Community Services Board 99 Res. 128-10 Appoint Members-Mental Health Subcommittee-Community Services Board 100 Res. 141-10 Appoint Member-Cortland County Board of Health (Marie Walsh) 109 Res. 154-10 Appoint County Administrator / Authorize Contract-Cortland County Legislature 119 Res. 156-10 Appointing Members to the Cortland County Board of Ethics 121 Res. 157-10 Appoint/Re-appoint Members Community Services Board-Mental Health 122 Res. 158-10 Appoint Members Mental Retardation/Developmental Disabilities Subcommittee-Cortland County Community Services Board 122 Res. 159-10 Appoint Part-time Director of Community Mental Health Services-Cortland County Health Department 123 Res. 172-10 Appoint Member-Cortland County Board of Health 131 Res. 180-10 Re-appoint Members Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board 136 Res. 190-10 Appoint/Re-appoint Members – Cortland County Planning Board 149 Res. 191-10 Appoint Member – Communications Advisory Board 150 Res. 246-10 Appoint Democratic Election Commissioner (Tom Brown) 192 Res. 247-10 Appoint Member – Cortland County Planning Board 192 Res. 249-10 Appoint Members – Cortland County Youth Board 193 ---PAGE BREAK--- Res. 302-10 Appoint Member Community Services Board 238 Res. 303-10 Appoint Members Mental Retardation/Developmental Disabilities Subcommittee Cortland County Community Services Board 238 Res. 304-10 Appoint Members Chemical Dependency Subcommittee Cortland County Community Services Board 239 Res. 318-10 Re-Appointment Personnel Officer Personnel Department 249 Res. 346-10 Re-Appoint Member Cortland County Board of Health (Christopher Moheimani, M. 268 Res. 377-10 Re-Appoint Member Soil and Water Conservation District Board 301 Res. 378-10 Appoint Member Criminal Advisory Board 302 Res. 379-10 Confirming Appointment by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation 302 Res. 382-10 Appoint/Re-Appoint Members Fire Advisory Board 303 Res. 387-10 Create/Appoint Airport Advisory Board 307 Res. 393-10 Extend Appointment of Part-Time Director of Community Mental Health Services Cortland County Mental Health Department 311 Res. 408-10 Appoint Director of Community Mental Health Services Cortland County Mental Health Department 325 BONDING BUDGET Res. 21-10 Appoint Coroner’s Physician Amend Budget/Authorize Agreement - Emergency Medical Physicians- County Coroners 19 Res. 27-10 Amend 2010 Budget Highway Department (Hilsinger Road Bridge) 23 Res. 29-10 Amend Budget Health Department (Reappropriation of Expenses & Revenues Deffered From Prior Year, 2009-2010 24 Res. 32-10 Amend 2010 Budget Mental Health Department 28 Res. 33-10 Amend Budget Mental Health Department 29 Res. 38-10 Amend Budget/Youth Bureau Grant Funds 32 Res. 40-10 Accept Funds/Amend Budget/Authorize Agreement Youth Bureau (The Research Foundation of SUNY) 34 Res. 44-10 Amend Budget/Create Secretary to County Attorney (part-time) County Attorney’s Office 37 Res. 46-10 Create Delinquent Tax Receiver Treasurer’s Office 38 Res. 64-10 Authorize Agreement/Amend Budget Child Passenger Safety Program Sheriff’s Department 52 Res. 65-10 Authorize Agreement/Amend Budget (Governor’s Traffic Safety Committee – STEP) Sheriff’s Department 52 Res. 69-10 Amend 2010 Budget Fire & Emergency Management (Hazard Mitigation Grant Program Project # 1650- 0002 – FYY 2007 54 Res. 70-10 Amend 2010 Budget Fire & Emergency Management (NYS Office of Homeland Security – C838-480) 55 Res. 77-10 Amend Budget/CPL Services Mental Health Department 60 Res. 79-10 Amend Budget Area Agency on Aging Health Insurance Information, Counseling and Assistance Program 61 Res. 103-10 Amend Budget D.A.R.E. Program Sheriff’s Department 78 Res. 115-10 Amend Budget Mental Health Department (NYS Mental Hygiene Agencies) 88 Res. 121-10 Amend Budget/Increase Truxton Senior Center to Four Days per Week Area Agency on Aging 92 Res. 134-10 Amend 2010 Budget-Recognizing Federal and State Disaster Assistance Funding-Highway Department 104 Res. 137-10 Amend 2010 Budget Recognizing Payment for Road Damage Highway Department 106 Res. 145-10 Amend 2010 Budget-Planning Department (5311 STOA Program) 111 Res. 149-10 Amend Budget-Area Agency on Aging/RSVP 113 Res. 150-10 Authorize Agreement/Amend Budget between CNY Works, Inc. and Department of E&T Grant Administration (On behalf of Cayuga –Cortland Workforce Investment Board) 114 Res. 165-10 Transfer Funds/Projects Highway Department 127 Res. 168-10 Amend 2010 Budget Recognizing Payment for Pavement Markings Highway Department 128 Res. 171-10 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Early Detection Program 130 Res. 176-10 Amend 2010 Budget Planning Department (5311 STOA Program) 133 ---PAGE BREAK--- Res. 177-10 Accept Grant/Authorize Agreement/Amend 2010 Budget New York State Department of Transportation (NYSDOT) Section 5316-Job Access and Reverse Commute (JARC) Cortland County Planning Department 133 Res. 178-10 Accept Grant/Authorize Agreement/Amend 2010 Budget Agreement New York State Department of Transportation (NYSDOT) Section 5317 – New Freedom (NF) Cortland County Planning Department 134 Res. 179-10 Amend Budget Reappropriate LGRMIF Funds from 2009 Clerk of the Legislature/Historian 136 Res. 182-10 Accept Grant/Amend Budget Department of E&T Grant Administration Disability Program Navigator 138 Res. 186-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff’s 144 Res. 187-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff’s 145 Res. 330-10 Authorize Public Hearing 2011 Tentative Budget 258 Res. 333-10 Amend Budget/Transfer Funds Sheriff’s Department/Jail (overtime) 260 Res. 334-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Part time Pay) 260 Res. 335-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Medical Services/Medical Supplies) 261 Res. 351-10 Amend Budget Department of Social Services (Transfer) 270 Res. 356-10 Revise Tentative Budget 280 Res. 357-10 Adopt 2011 County Budget 281 Res. 362-10 Amend 2011 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to reduce Real Property Tax Levy Real Property Tax Service 289 Res. 380-10 Authorizing Accounts Payable Year End Adjustments to 2010 Budget 303 Res. 389-10 Amend 2011 Budget Highway Department Flood Related Highway Repairs 309 Res. 391-10 Amend 2011 Budget Highway Department Dwyer Park/Property Repairs 310 Res. 409-10 Amend 2011 Budget Cortland County Historical Society 326 BUILDINGS & GROUNDS Res. 60-10 Resolution Authorizing Safety Officer and Buildings & Grounds to Make Emergency Acquisitions 49 Res. 61-10 Renew Agreement Buildings & Grounds (Simplex/Grinnell) 50 Res. 101-10 Authorize Agreement (Buildings and Grounds) Feher Rubbish Removal Inc. 76 Res. 149-10 Amend Budget-Area Agency on Aging/RSVP 113 Res. 281-10 Authorize Contract – JM General Contracting/County Office Building Painting 219 Res. 282-10 Authorize Contract – Kash & Sons Contracting – County Office Building Maintenance 219 Res. 306-10 Extend Contract Several Departments Uniform & Rug Rental 242 Res. 307-10 Authorize Agreement Buildings & Grounds (6th Judicial District) 242 Res. 308-10 Accept Proposal/Authorize Agreement Kraft Power Corporation Buildings and Grounds Department 243 Res. 309-10 Accept Proposal/Authorize Agreement Water Treatment Boilers Buildings and Grounds Department 243 Res. 353-10-B Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department 271 Res. 376-10 Authorize Confidentiality Agreement SmartWatt Energy Inc. Buildings & Grounds Department 301 CHAMBER OF COMMERCE Res. 152-10 Authorize Agreement-Cortland County Chamber of Commerce 116 CLERK OF THE LEGISLATURE Res. 2-10 Appoint Clerk of the County Legislature 2 Res. 146-10 Authorize Contract Clerk of the Legislature/Historian-Installation for Mobile Shelving 112 Res. 179-10 Amend Budget Reappropriate LGRMIF Funds from 2009 Clerk of the Legislature/Historian 136 CONVENTION AND VISITORS BUREAU Res. 13-10 Appoint Member/Board of Directors Finger Lakes Tourism Alliance 15 Res. 19-10 Re-Appoint Member Cortland County Convention and Visitors Center Board of Directors 18 Res. 47-10 Authorize Agreement Cortland County Convention and Visitors Bureau For Provision of Public Benefits Services For Promotion and Publicity 39 Res. 327-10 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau 255 CORNELL COOPERATIVE EXTENSION Res. 18-10 Appoint Members Cooperative Extension Board of Directors 18 Res. 42-10 Authorize Agreement Cortland County (Cornell Cooperative Extension) 35 ---PAGE BREAK--- Res. 53-10 Appoint Member Cooperative Extension Board of Directors 44 CORONERS Res. 21-10 Appoint Coroner’s Physician Amend Budget/Authorize Agreement - Emergency Medical Physicians County Coroners 19 Res. 102-10 Authorize Agreement – Autopsy Services Lourdes Hospital 91 Res. 193-10 Authorize Agreement – TLC Medical Services Inc. (Coroners) 151 Res. 230-10 Amend Agreement – Autopsy Services (Lourdes Hospital) 175 CORRECTIONS Res. 22-10 Appointment of Jail Physician Pursuant to Correction Law §501 20 Res. 163-10 Authorize Agreement Alcohol/Substance Abuse & Referral Services (Probation/A.T.I. – Sheriff/Jail 125 Res. 310-10 Authorize Contract-Jail Camera Wiring/Information Technology (Cortland Electronics) 244 Res. 333-10 Amend Budget/Transfer Funds Sheriff’s Department/Jail (overtime) 260 Res. 334-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Part time Pay) 260 Res. 335-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Medical Services/Medical Supplies) 261 Res. 336-10 Amend Budget/Transfer Funds Sheriff Department/Jail (Support Services) 262 Res. 386-10 Authorize Agreement Sheriff’s Department/Jail Division Swanson Services Corporation 306 CORTLAND REPERTORY THEATRE (CRT) Res. 108-10 Authorize Issuance of a Theatrical Production And Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) 82 COUNTY ADMINISTRATION Res. 11-10 Accept Resignation/Term of Settlement/Separation 13 Res. 78-10 Resolution Extending the Tenure of Acting County Administrator 61 Res. 154-10 Appoint County Administrator / Authorize Contract-Cortland County Legislature 119 Res. 278-10 Amend Budget – County Administrator 215 Res. 279-10 Adopt Proposed Local Law No. 2 of 2010 – Providing for the Term of Office of County Administrator 216 Res. 380-10 Authorizing Accounts Payable Year End Adjustments to 2010 Budget 218 Res. 395-10 Authorize Agreement Cortland County Administrative Entity for NYS Animal Population Control 313 COUNTY ATTORNEY Res. 3-10 Appoint County Attorney 2 Res. 44-10 Amend Budget/Create Secretary to County Attorney (part-time) County Attorney’s Office 37 Res. 62-10 Resolution Rescinding Res. No. 170-07 and 191-08 “Authorize County Attorney To Proceed With Acquisition Of Land And Improvements Under Eminent Domain Procedure Law” 51 Res. 184-10 Authorize Release Of Lien County Attorney 140 Res. 296-10 Set Date for Deed Filing of Foreclosed Properties 230 COUNTY AUDITOR Res. 10-10 Appoint Interim Auditor 10 Res. 48-10 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 40 Res. 185-10 Amend Policy and Procedure on the Collection, Handling and Disbursement of Departmental Funds 140 Res. 361-10 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 288 COUNTY CLERK Res. 17-10 Appoint Members Records Management Advisory Board 17 Res. 118-10 Authorize the County Clerk to Implement Program Veteran’s Return the Favor County Clerk’s Office 90 Res. 147-10 County Clerk-Create Full-time, Temporary, Deputy County Clerk with Benefits 112 Res. 148-10 Support Assembly Bill A-9919-County Clerk/DMV 113 Res. 245-10 Authorize Contract/Cortland County – Department Shredding (Cintas) 187 Res. 280-10 Authorize Agreement/County Clerk – Plasticard Systems 218 Res. 396-10 Submission of Grant County Disaster Recover Plans for Records County Clerk 313 ---PAGE BREAK--- COURTS Res. 63-10 Appoint Member Jury Board 51 Res. 311-10 Authorize Agreement Extension Sheriff Department (NYS Security Services in Cortland County Courts) 244 DESIGNATIONS Res. 6-10 Designate Official Newspaper 4 Res. 7-10 Designation of Depositories 4 Res. 45-10 Designation of Depositories 38 Res. 54-10 Designating Cortland County as Recovery Zone 45 DISTRICT ATTORNEY Res. 160-10 To Recommend And Request That The State Of New York Delay The Implementation Of The Ignition Interlock Provisions Of Leandra’s Law 124 DWYER MEMORIAL PARK Res. 108-10 Authorize Issuance of a Theatrical Production And Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) 82 Res. 155-10 Authorize Agreement/Amend Budget-Crawford & Stearns-Cortland County Legislature-Dwyer Park Pavilion 120 Res. 225-10 Authorize Grant Application – NYS Office of Parks, Recreation and Historic Preservation (Dwyer Park 148 Res. 228-10 Declare Negative Declaration of SEQR for Little York Pavilion 174 Res. 312-10 Award Bid Dwyer Park Fire Extinguishing System Highway Department 245 Res. 391-10 Amend 2011 Budget Highway Department Dwyer Park/Property Repairs 310 E-911 Res. 14-10 Appoint Members/Communications Advisory Board 16 Res. 100-10 A Resolution Requesting the New York State Legislature Enact Legislation Permitting Cortland County to Increase the Existing Surcharge on Telephone Access Lines 76 Res. 132-10 Requesting That the State of New York Appropriately Disburse the Statewide Wireless 911 Cellular 103 Res. 329-10 Good Faith Negotiation-Interoperable Emergency Communication System/Sheriff (Motorola) 256 Res. 359-10 Resolution Declaring the Legislature of the County of Cortland’s Intent to be Lead Agency for Environmental Review Pursuant to the State Environmental Quality Review Act (SEQA) for the Proposed Cortland County Emergency Radio Communication Project 287 Res. 385-10 Authorize Agreement Sheriff’s Department/911 Center - New World Systems Corporation 306 ELECTIONS Res. 242-10 Amend Budget/Authorize Purchase Board of Elections – Inclusion Solutions/Privacy Screens 185 Res. 246-10 Appoint Democratic Election Commissioner (Tom Brown) 192 ETHICS Res. 156-10 Appointing Members to the Cortland County Board of Ethics 121 EMERGENCY MANAGEMENT (see FIRE & EMERGENCY MANAGEMENT) EMPIRE ZONES Res. 90-10 Re-appoint Members Empire Zone Administrative Board 70 EMPLOYMENT & TRAINING / GRANT ADMINISTRATION Res. 150-10 Authorize Agreement/Amend Budget between CNY Works, Inc. and Department of E&T Grant Administration (On behalf of Cayuga –Cortland Workforce Investment Board) 114 Res. 180-10 Re-appoint Members Employment and Training Grant Administration Cayuga/Cortland Workforce 136 Res. 181-10 Authorize Cayuga-Cortland Workforce Investment Board to Reduce Board Membership from 35 Members to 27 Members 136 Res. 182-10 Accept Grant/Amend Budget Department of E&T Grant Administration Disability Program Navigator 138 ---PAGE BREAK--- Res. 275-10 Authorize Agreement – E&T Development – WIB and Chief Elected Officials of Cayuga and Cortland 213 FIRE & EMERGENCY MANAGEMENT Res. 16-10 Appoint Member Fire Advisory Committee 17 Res. 68-10 Authorize Agreement Fire & Emergency Management State of New York – FFY 2009 LEMPG 54 Res. 69-10 Amend 2010 Budget Fire & Emergency Management (Hazard Mitigation Grant Program Project # 1650- 0002 – FYY 2007 54 Res. 70-10 Amend 2010 Budget Fire & Emergency Management (NYS Office of Homeland Security – C838-480) 55 Res. 98-10 Appoint Members Cortland County Emergency Medical Services Advisory Board 74 Res. 162-10 Award Contract Fire & Emergency Management – National Incident Management System (NIMS) Compliance Consultant 125 Res. 286-10 Accept FY09 State Homeland Security Grant Program Contract C838490 220 Res. 332-10 Petitioning Governor Patterson to declare Cortland County a Disaster Area Following the September 2010 Flooding Event 259 Res. 382-10 Appoint/Re-Appoint Members Fire Advisory Board 304 HEALTH DEPARTMENT (see PUBLIC HEALTH) HEALTH INSURANCE Res. 274-10 Amend County Health Insurance Policy 212 Res. 317-10 Authorize Agreement with Benefits Consulting Group, L.L.C. Health Insurance Benefit Consulting Services County of Cortland County 249 Res. 355-10 Revise Self Insurance Rates-Cortland County Employees Health Benefits Program 278 Res. 398-10 Award Proposal/Authorize Agreement Third Party Administration/Cortland County Health Insurance 315 HIGHWAY Res. 25-10 Award Highway Equipment-Snow Plow/Dump Trucks Highway Department 22 Res. 26-10 Award Highway Equipment-Mechanic Truck Highway Department 23 Res. 27-10 Amend 2010 Budget Highway Department (Hilsinger Road Bridge) 23 Res. 75-10 Award Highway Equipment-Park Mower Highway Department 59 Res. 76-10 Award Highway Equipment-Pickup Trucks Highway Department 60 Res. 106-10 Authorize Agreement/New York State Cheningo Road Bridge B.I.N. – 1034580 80 Res. 134-10 Amend 2010 Budget-Recognizing Federal and State Disaster Assistance Funding-Highway Department 104 Res. 135-10 Award Bids-Highway Department 104 Res. 136-10 Award Bids-Highway Department 106 Res. 137-10 Amend 2010 Budget Recognizing Payment for Road Damage Highway Department 106 Res. 164-10 Award Highway Construction Project-Removal of Structural Concrete on Telephone Ext. Road Bridge Highway Department 126 Res. 165-10 Transfer Funds/Projects Highway Department 127 Res. 166-10 Award Highway Construction Project – Service and Materials Contracts – Telephone Road Extension Bridge Highway Department 127 Res. 167-10 Award Highway Construction Project – Stay-In-Place Forms – Telephone Road Extension Bridge Highway Department 128 Res. 168-10 Amend 2010 Budget Recognizing Payment for Pavement Markings Highway Department 128 Res. 189-10 Authorize Agreement/Thoma Development – Dwyer Memorial Park/NYS EPF Grant 148 Res. 195-10 Award Highway Construction Project – Reinforcement Bars – Telephone Road Extension Bridge 152 Res. 196-10 Rental Contract/Highway Department/County Fairgrounds 153 Res. 197-10 Authorize Agreement/NYS Page Green Road Phase III – PIN 3754.54 153 Res. 198-10 Award Highway Construction Project/Amend Budget – Reconstruction of Page Green Road (CR122) 155 Res. 199-10 Approve Contract/Amend Budget for Engineering – Cheningo Rd. Bridge Replacement PIN 3755.15 156 Res. 200-10 Authorize Contract/Highway Department/Town of Cincinnatus (Snow and Ice – County and State Roads 157 Res. 201-10 Authorize Contract/Highway Department/Town of Homer (Snow and Ice – County and State Roads) 158 Res. 202-10 Authorize Contract/Highway Department/Town of Lapeer (Snow and Ice – County and State Roads) 158 Res. 203-10 Authorize Contract/Highway Department/Town of Marathon (Snow and Ice – County and State Roads) 159 ---PAGE BREAK--- Res. 204-10 Authorize Contract/Highway Department/Town of Solon (Snow and Ice – County and State Roads) 160 Res. 205-10 Authorize Contract/Highway Department/Town of Taylor (Snow and Ice – County and State Roads) 160 Res. 206-10 Authorize Contract/Highway Department/Town of Truxton (Snow and Ice – County and State Roads) 161 Res. 207-10 Authorize Contract/Highway Department/Town of Willet (Snow and Ice – County and State Roads) 162 Res. 233-10 Transfer Funds/Establish Projects (Highway) 178 Res. 234-10 Award Highway Bid – Supply Structural Steel for Landers Corners Road Bridge 178 Res. 235-10 Authorize Extension of State Snow/Ice Control Agreement 179 Res. 260-10 Transfer Funds/Establish Projects – Highway Department 201 Res. 261-10 Amend 2010 Budget, Transfer Funds/Establish Projects – Highway Department 201 Res. 289-10 Authorize South Main Street Building Foundation Removal Project/Highway 225 Res. 312-10 Award Bid Dwyer Park Fire Extinguishing System Highway Department 245 Res. 338-10 Authorize Agreement-Electronic Recycling Highway Department/Solid Waste 263 Res. 339-10 Authorize Agreement Recycling/Highway Department J. M. Murray Center-Recycling Sorting Services 264 Res. 340-10 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 264 Res. 341-10 Authorize Agreement/Leachate Testing/ Highway Department/Landfill 265 Res. 342-10 Authorize Amnesty Highway Department/Landfill Village of McGraw 265 Res. 388-10 Transfer Funds/Establish Projects Highway Department 308 Res. 389-10 Amend 2011 Budget Highway Department Flood Related Highway Repairs 309 Res. 390-10 Household Hazardous Waste Application Highway Department/Landfill 309 Res. 391-10 Amend 2011 Budget Highway Department Dwyer Park/Property Repairs 310 HISTORIAN Res. 146-10 Authorize Contract Clerk of the Legislature/Historian-Installation for Mobile Shelving 112 Res. 179-10 Amend Budget Reappropriate LGRMIF Funds from 2009 Clerk of the Legislature/Historian 136 HOME RULE Res. 100-10 A Resolution Requesting the New York State Legislature Enact Legislation Permitting Cortland County to Increase the Existing Surcharge on Telephone Access Lines 76 IDA/BDC Res. 55-10 Appoint Members Industrial Development Agency Board of Directors 46 Res. 56-10 Resolution In Opposition of the IDA Tax Imposed on All Local Industrial Development Agencies by New York State as a Means to Help Close the State’s Budget Deficit 46 Res. 90-10 Re-appoint Members Empire Zone Administrative Board 70 Res. 91-10 Appoint Member Industrial Development Agency Board of Directors 71 Res. 277-10 Amend 2010 Budget/Grow Cortland Program (Crown Industrial Corp) – IDA 214 Res. 300-10 Confirming Appointments by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation 237 Res. 379-10 Confirming Appointment by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation 302 INFORMATION TECHNOLOGY Res. 49-10 Authorize Agreement Information Technology (All-Mode Communications, Inc.) 41 Res. 50-10 Authorize Agreement Information Technology (Munis) 41 Res. 129-10 Authorize Agreement-Information Technology (Folder/Sealer) 101 Res. 130-10 Amend Agreement-Information Technology (Toshiba Business Solutions Copier Lease Agreement 101 Res. 192-10 Adopt Cortland County Information Security Policy/Appoint Official 150 Res. 229-10 Authorize Amendment/Information Technology (Lexis-Nexis) 174 Res. 256-10 Authorize Agreement/Information Technology (All-Mode Communications) 199 Res. 257-10 Authorize Amendment/Information Technology (All-Mode Communications) 199 Res. 383-10 Authorize Agreement Information Technology (Munis) 305 Res. 384-10 Authorize Agreement Information Technology (Time Warner Cable Business Class) 305 INSURANCE Res. 8-10 Authorizing Procurement of Property and Casualty Insurance 5 ---PAGE BREAK--- Res. 274-10 Amend County Health Insurance Policy 22 Res. 317-10 Authorize Agreement with Benefits Consulting Group, L.L.C. Health Insurance Benefit Consulting Services County of Cortland County 249 Res. 355-10 Revise Self Insurance Rates-Cortland County Employees Health Benefits Program 278 Res. 398-10 Award Proposal/Authorize Agreement Third Party Administration/Cortland County Health Insurance 315 JAIL (see CORRECTIONS) LANDFILL (see SOLID WASTE MANAGEMENT) LEGISLATURE Res. 1-10 Selecting Chairman of the County Legislature and Setting Official Undertaking 1 Res. 2-10 Appoint Clerk of the County Legislature 2 Res. 3-10 Appoint County Attorney 2 Res. 4-10 Appointment of Veterans’ Service Officer 3 Res. 5-10 Appointment of Public Defender 3 Res. 6-10 Designate Official Newspaper 1 Res. 7-10 Designation of Depositories 1 Res. 8-10 Authorizing Procurement of Property and Casualty Insurance 2 Res. 9-10 Adoption of Rules of Order Cortland County Legislature 6 Res. 10-10 Appoint Interim Auditor 10 Res. 11-10 Accept Resignation/Term of Settlement/Separation 13 Res. 12-10 Authorize Appointment Health Department/Environmental Health (Hearing Officer Services) 15 Res. 13-10 Appoint Member/Board of Directors Finger Lakes Tourism Alliance 15 Res. 14-10 Appoint Members/Communications Advisory Board 16 Res. 15-10 Appoint Members TC-3 Financial Oversight Committee 16 Res. 16-10 Appoint Member Fire Advisory Committee 17 Res. 17-10 Appoint Members Records Management Advisory Board 17 Res. 18-10 Appoint Members Cooperative Extension Board of Directors 18 Res. 19-10 Re-Appoint Member Cortland County Convention and Visitors Center Board of Directors 18 Res. 20-10 Resolution Supporting Efforts Encouraging Local Food Production and Distribution in Cortland County 18 Res. 21-10 Appoint Coroner’s Physician Amend Budget/Authorize Agreement - Emergency Medical Physicians County Coroners 19 Res. 22-10 Appointment of Jail Physician Pursuant to Correction Law §501 20 Res. 23-10 Authorize Agreements Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives) 21 Res. 24-10 Appoint Probation Director II Cortland County Probation Department 21 Res. 25-10 Award Highway Equipment-Snow Plow/Dump Trucks Highway Department 22 Res. 26-10 Award Highway Equipment-Mechanic Truck Highway Department 22 Res. 27-10 Amend 2010 Budget Highway Department (Hilsinger Road Bridge) 23 Res. 28-10 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 24 Res. 29-10 Amend Budget Health Department (Reappropriation of Expenses & Revenues Deferred From Prior Year, 2009-2010) 24 Res. 30-10 Appoint Member/Anthony Pace Cortland County Board of Health 27 Res. 31-10 Authorize Agreements/Accept Funds Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) 27 Res. 32-10 Amend 2010 Budget Mental Health Department 28 Res. 33-10 Amend Budget Mental Health Department 29 Res. 34-10 Mental Health Department Create Part-Time Fiscal Officer 30 Res. 35-10 Officer Trainee 30 Res. 36-10 Appoint/Re-Appoint Members Cortland County Youth Bureau 30 Res. 37-10 Authorize Agreements Youth Bureau (New York State Office of Children and Family Services) 31 Res. 38-10 Amend Budget/Youth Bureau Grant Funds 32 Res. 39-10 Authorize Agreement Youth Bureau (AmeriCorps Member) 33 ---PAGE BREAK--- Res. 40-10 Accept Funds/Amend Budget/Authorize Agreement Youth Bureau (The Research Foundation of SUNY) 34 Res. 41-10 Authorize Application for and Acceptance of National Telecommunication and Information Administration Broadband Initiative Program Funding to Create Public Open Access Fiber Optic 34 Res. 42-10 Authorize Agreement Cortland County (Cornell Cooperative Extension) 35 Res. 43-10 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) 36 Res. 44-10 Amend Budget/Create Secretary to County Attorney (part-time) County Attorney’s Office 37 Res. 45-10 Designation of Depositories 38 Res. 46-10 Create Delinquent Tax Receiver Treasurer’s Office 38 Res. 47-10 Authorize Agreement Cortland County Convention and Visitors Bureau for Provision of Public Benefits Services For Promotion and Publicity 39 Res. 48-10 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 40 Res. 49-10 Authorize Agreement Information Technology (All-Mode Communications, Inc.) 41 Res. 50-10 Authorize Agreement Information Technology (Munis) 41 Res. 51-10 Authorize Agreement Cortland County/Gould & Lamb, LLC County Legislature 42 Res. 52-10 Appoint Members Criminal Justices Advisory Board 44 Res. 53-10 Appoint Member Cooperative Extension Board of Directors 44 Res. 54-10 Designating Cortland County as Recovery Zone 45 Res. 55-10 Appoint Members Industrial Development Agency Board of Directors 46 Res. 56-10 Resolution In Opposition of the IDA Tax Imposed on All Local Industrial Development Agencies by New York State as a Means to Help Close the State’s Budget Deficit 46 Res. 57-10 Appoint Legislative Representation to the Occupancy Tax Allocation Committee 47 Res. 58-10 Appoint Member CNY RC & D Council 48 Res. 59-10 Authorize Payment – Barton & Loguidice Authorize Payment to Barton & Loguidice and JCM Architectural Associates DMV facility and South Main Street 48 Res. 60-10 Resolution Authorizing Safety Officer and Buildings & Grounds to Make Emergency Acquisitions 49 Res. 61-10 Renew Agreement Buildings & Grounds (Simplex/Grinnell) 50 Res. 62-10 Resolution Rescinding Res. No. 170-07 and 191-08 “Authorize County Attorney To Proceed With Acquisition Of Land And Improvements Under Eminent Domain Procedure Law” 51 Res. 63-10 Appoint Member Jury Board 51 Res. 64-10 Authorize Agreement/Amend Budget Child Passenger Safety Program Sheriff’s Department 52 Res. 65-10 Authorize Agreement/Amend Budget (Governor’s Traffic Safety Committee – STEP) Sheriff’s Department 52 Res. 66-10 Authorize Agreement/Sheriff’s Department (NYS Security Services to Cortland County Courts) 53 Res. 67-10 Sheriff’s Department Create Temporary Secretary to the Sheriff Full-Time With Benefits 53 Res. 68-10 Authorize Agreement Fire & Emergency Management State of New York – FFY 2009 LEMPG 54 Res. 69-10 Amend 2010 Budget Fire & Emergency Management (Hazard Mitigation Grant Program Project # 1650- 0002 – FYY 2007 54 Res. 70-10 Amend 2010 Budget Fire & Emergency Management (NYS Office of Homeland Security – C838-480) 55 Res. 71-10 Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration and NYS Department of Transportation, Authorize Acquisition of Land Rights Cortland County 55 Res. 72-10 Authorize Agreement Probation Department (Medlab, Inc.) 56 Res. 73-10 Award 10 Gauge Bailing Wire Highway Department/Recycling 57 Res. 74-10 Assign Metal Object Removal Contract Highway Department/Recycling 58 Res. 75-10 Award Highway Equipment-Park Mower Highway Department 59 Res. 76-10 Award Highway Equipment-Pickup Trucks Highway Department 60 Res. 77-10 Amend Budget/CPL Services Mental Health Department 60 Res. 78-10 Resolution Extending the Tenure of Acting County Administrator 61 Res. 79-10 Amend Budget Area Agency on Aging Health Insurance Information, Counseling and Assistance Program 61 Res. 80-10 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau 62 Res. 81-10 Authorize Agreement Cortland County-Cortland County Historical Society 63 Res. 82-10 Authorize Agreement Finger Lakes Library Association 63 Res. 83-10 Authorize Agreement Cortland County (1890 House) 64 ---PAGE BREAK--- Res. 84-10 Authorize Agreement Lime Hollow Nature Center 64 Res. 85-10 Authorize Payment Tompkins Cortland Community College (Operating Budget 2009-2010) 65 Res. 86-10 Authorize Agreement/Treasurer’s Office County Wide Cost Allocation Plan (Jack Venesky, CPA) 65 Res. 87-10 Authorize Amnesty/Tipping Fees South Main Street Properties Highway Department/Solid Waste 66 Res. 88-10 Re-Appoint Members Agricultural and Farmland Protection Board 69 Res. 89-10 Appoint Members Central New York Regional Planning and Development Board 69 Res. 90-10 Re-Appoint Members Empire Zone Administrative Board 70 Res. 91-10 Appoint Member Industrial Development Agency Board of Directors 71 Res. 92-10 Re-Appoint Member Open Space Commission-NYSDEC 71 Res. 93-10 Appoint Members Region 7 Fish and Wildlife Management Board 72 Res. 94-10 Appoint Member CNY Regional Market Authority 72 Res. 95-10 Appoint Members Soil and Water Conservation Board 72 Res. 96-10 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) 73 Res. 97-10 Appoint Cortland County Liaison TC-3 Board of Trustees 73 Res. 98-10 Appoint Members Cortland County Emergency Medical Services Advisory Board 74 Res. 99-10 Appoint Members Community Services Board Mental Health 74 Res. 100-10 A Resolution Requesting the New York State Legislature Enact Legislation Permitting Cortland County to Increase the Existing Surcharge on Telephone Access Lines 76 Res. 101-10 Authorize Agreement (Buildings and Grounds) Feher Rubbish Removal Inc. 76 Res. 102-10 Authorize Agreement – Autopsy Services Lourdes Hospital 77 Res. 103-10 Amend Budget D.A.R.E. Program Sheriff’s Department 78 Res. 104-10 Adopt Rules that Enables/Authorizes Extension of Pricing Through Cortland County 78 Res. 105-10 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) Cortland County Airport-Chase Field 80 Res. 106-10 Authorize Agreement/New York State Cheningo Road Bridge B.I.N. – 1034580 80 Res. 107-10 Resolution To Support Electronics Recycling And Extended Producer Responsibility Legislation For Electric Wastes And Urging Local Governments In Cortland County To Do The Same 81 Res. 108-10 Authorize Issuance of a Theatrical Production And Custodial License Highway Department, Dwyer Park (Cortland Repertory Theatre) 82 Res. 109-10 Authorize Amnesty Week Highway Department/Landfill 83 Res. 110-10 Authorize Agreements Health Department/Children With Special Needs Program (Contracts for Services) 83 Res. 111-10 Authorize Agreement/Accept Funds Health Department/Nursing (Early Intervention ARRA funds) 85 Res. 112-10 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization ARRA Funds) 86 Res. 113-10 Authorize Agreements Health Department (Hospice Division) (Contracted Services) 87 Res. 114-10 Authorize Agreement/Accept Funds Health Department/Jacobus Center for Reproductive Health (State Grant) 87 Res. 115-10 Amend Budget Mental Health Department (NYS Mental Hygiene Agencies) 88 Res. 116-10 Authorize Agreement Cortland County (Federation of Sportsmen) 88 Res. 117-10 Authorize Agreement Cortland County SPCA 89 Res. 118-10 Authorize the County Clerk to Implement Program Veteran’s Return the Favor County Clerk’s Office 90 Res. 119-10 Amend Drug-Free Work Place Policy for County of Cortland 90 Res. 120-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods 91 Res. 121-10 Amend Budget/Increase Truxton Senior Center to Four Days per Week Area Agency on Aging 92 Res. 122-10 Define Authority for County Contract Execution 93 Res. 123-10 Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking 95 Res. 124-10 Resolution to Require Wind Developers to Sign, Implement, and Abide by the NYS Attorney General’s Code of Conduct for Wind Farm Development 97 Res. 125-10 Appoint Member-Community Services Board – Mental Health 97 Res. 126-10 Appoint Members-Chemical Dependency Subcommittee Cortland County Community Services Board 98 Res. 127-10 Appoint Members-Mental Retardation/Developmental Disabilities Subcommittee-Cortland County Community Services Board 99 Res. 128-10 Appoint Members-Mental Health Subcommittee-Community Services Board 100 Res. 129-10 Authorize Agreement-Information Technology (Folder/Sealer) 101 ---PAGE BREAK--- Res. 130-10 Amend Agreement-Information Technology (Toshiba Business Solutions Copier Lease Agreement 101 Res. 131-10 Authorize Agreement-Sheriff’s Department/Jail (GLOBAL TEL*LINK CORPORATION) 102 Res. 132-10 Requesting That the State of New York Appropriately Disburse the Statewide Wireless 911 Cellular Surcharge) 103 Res. 133-10 Authorize Agreement Amendment-Probation Department-Electronic Monitoring (BI Incorporated) 103 Res. 134-10 Amend 2010 Budget-Recognizing Federal and State Disaster Assistance Funding-Highway Department 104 Res. 135-10 Award Bids-Highway Department 104 Res. 136-10 Award Bids-Highway Department 106 Res. 137-10 Amend 2010 Budget Recognizing Payment for Road Damage Highway Department 106 Res. 138-10 Resolution Rejecting Bids-Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) 107 Res. 139-10 Accept Funds-Health Department/Administration (Community Partnership for Tobacco Control Program) 108 Res. 140-10 Authorize Agreement/Accept Funds Health Department/Administration Susan G. Komen Breast Cancer Grant 108 Res. 141-10 Appoint Member-Cortland County Board of Health (Marie Walsh) 1019 Res. 142-10 Health Department Abolish Full-time Director of Patient Services/Create Full-time Assistant Director of Patient Services 109 Res. 143-10 Award Bids/Authorize Agreement-Bus Shelters Planning Department 109 Res. 144-10 Authorize Memorandum of Understanding-Clean Communities of Central New York-Planning Department 110 Res. 145-10 Amend 2010 Budget-Planning Department (5311 STOA Program) 111 Res. 146-10 Authorize Contract Clerk of the Legislature/Historian-Installation for Mobile Shelving 112 Res. 147-10 County Clerk-Create Full-time, Temporary, Deputy County Clerk with Benefits 112 Res. 148-10 Support Assembly Bill A-9919-County Clerk/DMV 113 Res. 149-10 Amend Budget-Area Agency on Aging/RSVP 113 Res. 150-10 Authorize Agreement/Amend Budget between CNY Works, Inc. and Department of E&T Grant Administration (On behalf of Cayuga –Cortland Workforce Investment Board) 114 Res. 151-10 Abolish/Create Social Services Department-Senior Caseworker/Case Supervisor Grade B 115 Res. 152-10 Authorize Agreement-Cortland County Chamber of Commerce 116 Res. 153-10 Resolution Encouraging the New York State Legislature to Enact Legislation Requiring Online Travel Companies to Pay Sale and Use Tax on the Entire “Retail” Rate Charged to the Public 116 Res. 154-10 Appoint County Administrator / Authorize Contract-Cortland County Legislature 119 Res. 155-10 Authorize Agreement/Amend Budget-Crawford & Stearns-Cortland County Legislature-Dwyer Park Pavilion 120 Res. 156-10 Appointing Members to the Cortland County Board of Ethics 121 Res. 157-10 Appoint/Re-appoint Members Community Services Board-Mental Health 122 Res. 158-10 Appoint Members Mental Retardation/Developmental Disabilities Subcommittee-Cortland County Community Services Board 122 Res. 159-10 Appoint Part-time Director of Community Mental Health Services-Cortland County Health Department 123 Res. 160-10 To Recommend And Request That The State Of New York Delay The Implementation Of The Ignition Interlock Provisions Of Leandra’s Law 124 Res. 161-10 Authorize Agreement Sheriff’s Department/Jail/Sheriff-Empire Interpreting Service 124 Res. 162-10 Award Contract Fire & Emergency Management – National Incident Management System (NIMS) Compliance Consultant 125 Res. 163-10 Authorize Agreement Alcohol/Substance Abuse & Referral Services (Probation/A.T.I. – Sheriff/Jail 125 Res. 164-10 Award Highway Construction Project-Removal of Structural Concrete on Telephone Ext. Road Bridge Highway Department 126 Res. 165-10 Transfer Funds/Projects Highway Department 127 Res. 166-10 Award Highway Construction Project-Service and Materials Contracts – Telephone Road Extension Bridge Highway Department 127 Res. 167-10 Award Highway Construction Project – Stay-In-Place Forms – Telephone Road Extension Bridge Highway Department 128 Res. 168-10 Amend 2010 Budget Recognizing Payment for Pavement Markings Highway Department 128 Res. 169-10 Award Scrap Tire Removal & Recycling Contract-Highway Department/Landfill 129 ---PAGE BREAK--- Res. 170-10 Award Household Hazardous Waste Contract Highway Department/Landfill 130 Res. 171-10 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Early Detection Program 130 Res. 172-10 Appoint Member-Cortland County Board of Health 131 Res. 173-10 Award Contract/Authorize Agreement Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) 131 Res. 174-10 Authorize Agreement Cortland County Health Department/Nursing Division McBee Associates 132 Res. 175-10 Authorize Agreement Cortland County Health Department (Nursing Division) Health Wyse, LLC 132 Res. 176-10 Amend 2010 Budget Planning Department (5311 STOA Program) 133 Res. 177-10 Accept Grant/Authorize Agreement/Amend 2010 Budget New York State Department of Transportation (NYSDOT) Section 5316-Job Access and Reverse Commute (JARC) Cortland County Planning Department 133 Res. 178-10 Accept Grant/Authorize Agreement/Amend 2010 Budget Agreement New York State Department of Transportation (NYSDOT) Section 5317 – New Freedom (NF) Cortland County Planning Department 134 Res. 179-10 Amend Budget Reappropriate LGRMIF Funds from 2009 Clerk of the Legislature/Historian 136 Res. 180-10 Re-appoint Members Employment and Training Grant Administration Cayuga/Cortland Workforce 136 Res. 181-10 Authorize Cayuga-Cortland Workforce Investment Board to Reduce Board Membership from 35 Members to 27 Members 136 Res. 182-10 Accept Grant/Amend Budget Department of E&T Grant Administration Disability Program Navigator 138 Res. 183-10 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office 139 Res. 184-10 Authorize Release Of Lien County Attorney 140 Res. 185-10 Amend Policy and Procedure on the Collection, Handling and Disbursement of Departmental Funds 140 Res. 186-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff’s Department 144 Res. 187-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff’s Department 145 Res. 188-10 Adopt 2010-2011 Operating Budget – Tompkins Cortland Community College 147 Res. 189-10 Authorize Agreement/Thoma Development – Dwyer Memorial Park/NYS EPF Grant 148 Res. 190-10 Appoint/Re-appoint Members – Cortland County Planning Board 149 Res. 191-10 Appoint Member – Communications Advisory Board 150 Res. 192-10 Adopt Cortland County Information Security Policy/Appoint Official 150 Res. 193-10 Authorize Agreement – TLC Medical Services Inc. (Coroners) 151 Res. 194-10 Authorize Easement and Removal from Tax Foreclosure Auction for the County of Cortland to Retain a Certain Portion of Parcel at 1058 Route 222 in Cortlandville 152 Res. 195-10 Award Highway Construction Project – Reinforcement Bars – Telephone Road Extension Bridge 152 Res. 196-10 Rental Contract/Highway Department/County Fairgrounds 153 Res. 197-10 Authorize Agreement/NYS Page Green Road Phase III – PIN 3754.54 153 Res. 198-10 Award Highway Construction Project/Amend Budget – Reconstruction of Page Green Road (CR122) 155 Res. 199-10 Approve Contract/Amend Budget for Engineering – Cheningo Rd. Bridge Replacement PIN 3755.15 156 Res. 200-10 Authorize Contract/Highway Department/Town of Cincinnatus (Snow and Ice – County and State Roads 157 Res. 201-10 Authorize Contract/Highway Department/Town of Homer (Snow and Ice – County and State Roads 158 Res. 202-10 Authorize Contract/Highway Department/Town of Lapeer (Snow and Ice – County and State Roads 158 Res. 203-10 Authorize Contract/Highway Department/Town of Marathon (Snow and Ice – County and State Roads 159 Res. 204-10 Authorize Contract/Highway Department/Town of Solon (Snow and Ice – County and State Roads 160 Res. 205-10 Authorize Contract/Highway Department/Town of Taylor (Snow and Ice – County and State Roads 160 Res. 206-10 Authorize Contract/Highway Department/Town of Truxton (Snow and Ice – County and State Roads 161 Res. 207-10 Authorize Contract/Highway Department/Town of Willet (Snow and Ice – County and State Roads 162 Res. 208-10 Authorize Agreement/Accept Funds Health Department/Children With Special Needs NYS Grant) 162 Res. 209-10 Authorize Agreement/Accept Funds/Health Department/Nursing (Immunization Action Plan Grant) 163 Res. 210-10 Authorize Agreement/Accept Funds/Health Department Lead Poisoning Prevention Grant 163 Res. 211-10 Health Department – Create Part-time Public Health Educator 164 Res. 212-10 Authorize Grant Application – Planning Department/Cortland County Snowmobile Trail Development and Maintenance 164 Res. 213-10 Authorize Agreements/Planning Department – Cortland County Snowmobile Clubs 2010-2011 165 ---PAGE BREAK--- Res. 214-10 Declare Negative Declaration of SEQR for County Snowmobile Trails 166 Res. 215-10 Authorize the Use of County Worksites for Wellness Activities (Health & Wellness Committee 166 Res. 216-10 Accept Bids/Authorize Purchase of Miscellaneous Groceries and Frozen Foods (Area Agency on 167 Res. 217-10 Accept Bids/Authorize Purchase of Paper Goods and Maintenance Supplies 167 Res. 218-10 Accept Bids/Authorize Purchase of Milk and Dairy Products 168 Res. 219-10 Amend Budget/Area Agency on Aging (Title VII Long Term Care Ombudsman Program) 169 Res. 220-10 Accept Donation/Amend Budget – Youth Bureau (Pall Trinity Donation) 169 Res. 221-10 Create Part-Time Temporary Recreation Specialist (Youth Bureau) 170 Res. 222-10 Authorize Auctioneer for Sale of County Properties 170 Res. 223-10 Resolution to Withdraw Real Property from In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Claiser) 170 Res. 224-10 Resolution to Withdraw Real Property from In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Barbarito) 171 Res. 225-10 Authorize Grant Application – NYS Office of Parks, Recreation and Historic Preservation (Dwyer Park 148 Res. 226-10 Authorize Agreement Cortland County/Energy Curtailment Specialists, Inc. 173 Res. 227-10 Authorize Agreement/Amend Budget County Administrator (NY Jets) 173 Res. 228-10 Declare Negative Declaration of SEQR for Little York Pavilion 174 Res. 229-10 Authorize Amendment/Information Technology (Lexis-Nexis) 174 Res. 230-10 Amend Agreement – Autopsy Services (Lourdes Hospital) 175 Res. 231-10 Award Highway Bid – Metal Object Removal (Recycling) 176 Res. 232-10 Approve Project, Authorize Acceptance of Grants from FAA and NYS DOT, Authorize Engineering Contract for Design of Obstruction Removal Project (County Airport) 177 Res. 233-10 Transfer Funds/Establish Projects (Highway) 178 Res. 234-10 Award Highway Bid – Supply Structural Steel for Landers Corners Road Bridge 179 Res. 235-10 Authorize Extension of State Snow/Ice Control Agreement 180 Res. 236-10 Authorize Contract – EnSol Inc. (Highway/Landfill) 181 Res. 237-10 Authorize Agreement/Accept Funds – Health Department/Children with Special Needs (Preschool Special Education Funding) 182 Res. 238-10 Award Proposal/Authorize Agreement Health Department/Children With Special Needs (Clinical Software – PreK program) 182 Res. 239-10 Authorize Agreements/Health Department (CAHPS Survey Vendor) 183 Res. 240-10 Amend Budget/Mental Health (JM Murray Center) 183 Res. 241-10 Authorize Agreements/Mental Health (SUNY Upstate Medical University Physician Assistant Student Affiliation Program) 184 Res. 242-10 Amend Budget/Authorize Purchase Board of Elections – Inclusion Solutions/Privacy Screens 185 Res. 243-10 Standard Work Day and Reporting Resolution 185 Res. 244-10 Abolish/Create Social Services Department Caseworker/Senior Caseworker 186 Res. 245-10 Authorize Contract/Cortland County – Department Shredding (Cintas) 187 Res. 246-10 Appoint Democratic Election Commissioner (Tom Brown) 192 Res. 247-10 Appoint Member – Cortland County Planning Board 192 Res. 248-10 Resolution Demanding that Sate Legislators Reduce Unfunded Mandates that Cause Local Property Tax Increases Prior to Imposing a Cap on Local Property Taxes 193 Res. 249-10 Appoint Members – Cortland County Youth Board 194 Res. 250-10 Award Highway Equipment – Landfill Compactor/Reject Bids 194 Res. 251-10 Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears 195 Res. 252-10 Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Empress) 195 Res. 253-10 Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Williams) 196 Res. 254-10 Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Conklin) 197 Res. 255-10 Adopt Reorganization Plan – Mental Health – Abolish/Create Several Positions 198 Res. 256-10 Authorize Agreement/Information Technology (All-Mode Communications) 199 Res. 257-10 Authorize Amendment/Information Technology (All-Mode Communications) 199 Res. 258-10 Extend Contract/Several Departments – Uniforms & Rug Rental 200 ---PAGE BREAK--- Res. 259-10 Authorize Agreement – Sheriff’s Department/911 Center (AAT Communications) 200 Res. 260-10 Transfer Funds/Establish Projects – Highway Department 201 Res. 261-10 Amend 2010 Budget, Transfer Funds/Establish Projects – Highway Department 201 Res. 262-10 Amend Budget/Transfer Funds – Landfill Compactor Repair 202 Res. 263-10 Authorize Exemption from Tipping Fees/River Clean up 203 Res. 264-10 Resolution Urging the NYS Legislature to Reinstate Article 6 Reimbursement for County-Sponsored Home Health Agencies 203 Res. 265-10 Authorize Agreement/Accept Funds – Health Department/Children With Special Needs (EIP NYS Grant) 204 Res. 266-10 Authorize Agreement/Accept Funds – Health Department/Tobacco Enforcement Program 205 Res. 267-10 Authorize Agreement/Cortland Regional Medical Center (Health Department) 205 Res. 268-10 Amend Budget/Mental Health (Catholic Charities) 206 Res. 269-10 Authorize the CNY Regional Plan for Sustainable Development Partnership Agreement/Planning Department 206 Res. 270-10 Establish an Appropriation and Revenue Account NYS DOT and Job Access and Reverse Commute (JARC) 208 Res. 271-10 Establish and Appropriation and Revenue Account NYS DOT (New Freedom) 209 Res. 272-10 Amend 2010 Budget, Motor Vehicle Equipment and 5311 Capital Project 210 Res. 273-10 Adopt Proposed Local Law No. 1 of 2010 – Retirement Incentive Program 211 Res. 274-10 Amend County Health Insurance Policy 212 Res. 275-10 Authorize Agreement – E&T Development – WIB and Chief Elected Officials of Cayuga and Cortland Counties 213 Res. 276-10 Amend Budget – Dept. of Social Services (TANF) 213 Res. 277-10 Amend 2010 Budget/Grow Cortland Program (Crown Industrial Corp) – IDA 214 Res. 278-10 Amend Budget – County Administrator 215 Res. 279-10 Adopt Proposed Local Law No. 2 of 2010 – Providing for the Term of Office of County Administrator 216 Res. 280-10 Authorize Agreement/County Clerk – Plasticard Systems 218 Res. 281-10 Authorize Contract – JM General Contracting/County Office Building Painting 219 Res. 282-10 Authorize Contract – Kash & Sons Contracting – County Office Building Maintenance 219 Res. 283-10 Authorize Contract/Amend Budget – John Regan/Auditing Services 221 Res. 284-10 Authorize Agreement Sheriff’s Department/911 Center (AAT Communications) 221 Res. 285-10 Increase Salary/Sheriff’s Department (Court Attendants) 222 Res. 286-10 Accept FY09 State Homeland Security Grant Program Contract C838490 222 Res. 287-10 Amend and Update Agreements/Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives) 223 Res. 288-10 Authorize Hangar Space Lease and Rental Rate Building MH1 – Airport 224 Res. 289-10 Authorize South Main Street Building Foundation Removal Project/Highway 225 Res. 290-10 Award Construction Contracts (Main Hangar MH1 Renovations) 226 Res. 291-10 Authorize Agreements/Accept Funds – Health Department/Breast & Cervical Cancer Early Detection Program 227 Res. 292-10 Authorize Agreements/Accept Funds – Health Department/Drinking Water Program 228 Res. 293-10 Authorize Agreement – Health Department (Printer Maintenance) 229 Res. 294-10 Authorize Amended Agreement – Health Department/Health Research Inc. 230 Res. 295-10 Authorize Contract/Actuarial Services/Personnel 230 Res. 296-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Food 230 Res. 297-10 Set Date for Deed Filing of Foreclosed Properties 231 Res. 298-10 Resolution in Opposition to Natural Gas Drilling on State Forest Lands 234 Res. 299-10 Resolution of the Cortland County Legislature Authorizing the Formation of the Cortland County Development Corporation to Perform Essential Governmental Functions Including Activities Associated With the Promotion of Community and Economic Development and Job Creation and the Issuance of Bonds on Its Behalf 235 Res. 300-10 Confirming Appointments by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation 237 Res. 301-10 Resolution in Support of Lime Hollow Nature Center Grant Application Cortland County Linear Park 237 Res. 302-10 Appoint Member Community Services Board 238 ---PAGE BREAK--- Res. 303-10 Appoint Members Mental Retardation/Developmental Disabilities Subcommittee Cortland County Community Services Board 238 Res. 304-10 Appoint Members Chemical Dependency Subcommittee Cortland County Community Services Board 239 Res. 305-10 A resolution in opposition to the Chesapeake Bay Total Maximum Daily Load (TMDL) regulatory proposal; requesting a statement of opposition from the NYS Legislature and Governor Patterson; and requesting intervention by our elected representatives in securing a moratorium on implementation of the Chesapeake Bay TMDL, until such objections and concerns are fully addressed 240 Res. 306-10 Extend Contract Several Departments Uniform & Rug Rental 242 Res. 307-10 Authorize Agreement Buildings & Grounds (6th Judicial District) 242 Res. 308-10 Accept Proposal/Authorize Agreement Kraft Power Corporation Buildings and Grounds Department 243 Res. 309-10 Accept Proposal/Authorize Agreement Water Treatment Boilers Buildings and Grounds Department 243 Res. 310-10 Authorize Contract-Jail Camera Wiring/Information Technology (Cortland Electronics) 244 Res. 311-10 Authorize Agreement Extension Sheriff Department (NYS Security Services in Cortland County Courts) 244 Res. 312-10 Award Bid Dwyer Park Fire Extinguishing System Highway Department 245 Res. 313-10 Authorize Agreement/Transfer Certificate of Need Cortland County Certified Home Health Agency/HCR Health Department 246 Res. 314-10 Authorize Agreement Kinney Management Services, LLC, Kchecks Licensing Fee Health Department/Mental Health Department/Department of Social Services 247 Res. 315-10 Amend 2010 Budget, Motor Vehicle Equipment and 5311 Capital Project Local and Federal Planning Department-NYSDOT Transportation Planning for Localities 248 Res. 316-10 Authorization to make Application for Section 5311 Annual Operating Assistance Cortland County Planning Department 248 Res. 317-10 Authorize Agreement with Benefits Consulting Group, L.L.C. Health Insurance Benefit Consulting Services County of Cortland County 249 Res. 318-10 Re-Appointment Personnel Officer Personnel Department 250 Res. 319-10 Authorize Agreements Area Agency on Aging (Several Agencies, Departments, Etc.) 250 Res. 320-10 Abolish/Create Social Services Department Secretary II/Secretary to the Commissioner of Social Services 251 Res. 321-10 Authorize Agreements Department of Social Services (Day Care Services) 251 Res. 322-10 Authorize Agreements Department of Social Services (Work Experience Work Sites) 252 Res. 323-10 Authorize Agreements Department of Social Services (Foster Care) 252 Res. 324-10 Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) 252 Res. 325-10 Amend Budget Department of Social Services (Transfer) 254 Res. 326-10 Amend Budget Department of Social Services (Transfer) 255 Res. 327-10 Designate Tourism Promotion Agency - Cortland County Convention and Visitors Bureau 255 Res. 328-10 Authorize Contract/Richard McNeilly, CPA 255 Res. 329-10 Good Faith Negotiation-Interoperable Emergency Communication System/Sheriff (Motorola) 256 Res. 330-10 Authorize Public Hearing 2011 Tentative Budget 258 Res. 331-10 Authorize Public Hearing Coldwar Veterans Exemption 259 Res. 332-10 Petitioning Governor Patterson to declare Cortland County a Disaster Area Following the September 2010 Flooding Event 259 Res. 333-10 Amend Budget/Transfer Funds Sheriff’s Department/Jail (overtime) 260 Res. 334-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Part time Pay) 260 Res. 335-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Medical Services/Medical Supplies) 261 Res. 336-10 Amend Budget/Transfer Funds Sheriff Department/Jail (Support Services) 262 Res. 337-10 Award Purchase of a 2010 Honda Muv700 EFI Big Red 262 Res. 338-10 Authorize Agreement-Electronic Recycling Highway Department/Solid Waste 263 Res. 339-10 Authorize Agreement Recycling/Highway Department J. M. Murray Center-Recycling Sorting Services 264 Res. 340-10 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 264 Res. 341-10 Authorize Agreement/Leachate Testing/ Highway Department/Landfill 265 Res. 342-10 Authorize Amnesty Highway Department/Landfill Village of McGraw 265 Res. 343-10 Abolish/Create Health Department Public Health Educator (Pt)/Public Health Educator(FT) 266 Res. 344-10 Authorize Application Cortland County Health Department/Nursing Division (Application to Operate a Licensed Home Care Service Agency) 266 ---PAGE BREAK--- Res. 345-10 Authorize Agreements/Accept Funds Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) 267 Res. 346-10 Re-Appoint Member Cortland County Board of Health (Christopher Moheimani, M. 268 Res. 347-10 Authorize Chairman to Sign Agreement Planning Department (Cortland County and Central New York Regional Planning & Development Board 2011) 268 Res. 348-10 Authorize Agreement Planning Department (Cortland County and Southern Tier East Regional Planning Development Board 2011) 268 Res. 349-10 Authorize Agreement James W. Sewall Company and Cortland County Planning Department 269 Res. 350-10 Agreement between the County of Cortland and the Civil Service Employee’s Association, Inc.-Cortland County Local 812-Unit 6650-Effective January 1, 2011 to December 31, 2014 270 Res. 351-10 Amend Budget Department of Social Services (Transfer) 270 Res. 352-10 Authorizing the County Treasurer to Establish Contingency and Tax Stabilization Reserve Fund 271 Res. 353-10 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office 271 Res. 353-10-B Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department 274 Res. 354-10 Amend Management/Management Confidential Comp Policy Grade & Step Schedule for 2011 276 Res. 355-10 Revise Self Insurance Rates-Cortland County Employees Health Benefits Program 278 Res. 356-10 Revise Tentative Budget 280 Res. 357-10 Adopt 2011 County Budget 281 Res. 358-10 A Resolution Providing for the Partial Payment of Real Property Tax 286 Res. 359-10 Resolution Declaring the Legislature of the County of Cortland’s Intent to be Lead Agency for Environmental Review Pursuant to the State Environmental Quality Review Act (SEQA) for the Proposed Cortland County Emergency Radio Communication Project 287 Res. 360-10 Authorize Agreement Real Property Tax Services OCE Scanner/Printer 288 Res. 361-10 Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds 288 Res. 362-10 Amend 2011 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to reduce Real Property Tax Levy Real Property Tax Service 289 Res. 363-10 Levy County Tax-City of Cortland Real Property Tax Service 290 Res. 364-10 Fix Date to Sign Warrant Real Property Tax Service 290 Res. 365-10 Levy Town Special District Taxes Real Property Tax Service 291 Res. 366-10 Levy Town General and Highway Taxes Real Property Tax Service 291 Res. 367-10 Levy Water Charges-Town of Scott Real Property Tax Service 293 Res. 368-19 Levy Water Charges-Town of Cincinnatus Real Property Tax Service 294 Res. 369-10 Levy Water Charges-Town of Cortlandville Real Property Tax Service 295 Res. 370-10 Levy Water Charges-Town of Harford Real Property Tax Service 297 Res. 371-10 Levy Water Charges-Town of Virgil Real Property Tax Service 297 Res. 372-10 Levy Sewer Charges-Town of Cortlandville Real Property Tax Service 298 Res. 373-10 Levy Sewer Charges-Town of Cuyler Real Property Tax Service 299 Res. 374-10 Levy Sewer Charges-Town of Virgil Real Property Tax Service 300 Res. 375-10 Resolution Urging the NYS Public Service Commission to Reject the Proposal from National Grid to Increase Natural Gas and Electric Rates 300 Res. 376-10 Authorize Confidentiality Agreement SmartWatt Energy Inc. Buildings & Grounds Department 301 Res. 377-10 Re-Appoint Member Soil and Water Conservation District Board 301 Res. 378-10 Appoint Member Criminal Advisory Board 302 Res. 379-10 Confirming Appointment by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation 302 Res. 380-10 Authorizing Accounts Payable Year End Adjustments to 2010 Budget 303 Res. 381-10 Transfer Funds Treasurer’s Office 303 Res. 382-10 Appoint/Re-Appoint Members Fire Advisory Board 304 Res. 383-10 Authorize Agreement Information Technology (Munis) 305 Res. 384-10 Authorize Agreement Information Technology (Time Warner Cable Business Class) 305 Res. 385-10 Authorize Agreement Sheriff’s Department/911 Center - New World Systems Corporation 306 Res. 386-10 Authorize Agreement Sheriff’s Department/Jail Division Swanson Services Corporation 306 Res. 387-10 Create/Appoint Airport Advisory Board 307 Res. 388-10 Transfer Funds/Establish Projects Highway Department 308 ---PAGE BREAK--- Res. 389-10 Amend 2011 Budget Highway Department Flood Related Highway Repairs 309 Res. 390-10 Household Hazardous Waste Application Highway Department/Landfill 309 Res. 391-10 Amend 2011 Budget Highway Department Dwyer Park/Property Repairs 310 Res. 392-10 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection 311 Res. 393-10 Extend Appointment of Part-Time Director of Community Mental Health Services Cortland County Mental Health Department (Pending Health Committee Approval) 311 Res. 394-10 Supporting Regional Transportation Study Planning Department 312 Res. 395-10 Authorize Agreement Cortland County Administrative Entity for NYS Animal Population Control 313 Res. 396-10 Submission of Grant County Disaster Recover Plans for Records County Clerk 313 Res. 397-10 Authorize Agreements Personnel/Civil Service 314 Res. 398-10 Award Proposal/Authorize Agreement Third Party Administration/Cortland County Health Insurance 315 Res. 399-10 Amend Management/Management Confidential Comp Policy Grade and Step Schedule for 2011 315 Res. 400-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies 318 Res. 401-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition/Misc Groceries and Frozen Foods 318 Res. 402-10 Authorize Agreements Youth Bureau (NYS Office of Children and Family Service) 319 Res. 403-10 Authorize Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau 320 Res. 404-10 Authorize Agreement Youth Bureau (AmeriCorps Member) 321 Res. 405-10 Authorize Agreement Probation Department (Caseload Explorer) 321 Res. 406-10 Authorize Payment/Amend 2010 Budget Tompkins Cortland Community College Electrical Panel Replacement Project 322 Res. 407-10 Adopt Local Law No. 3 of 2010 A Local Law Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b 323 Res. 408-10 Appoint Director of Community Mental Health Services Cortland County Mental Health Department 326 Res. 409-10 Amend 2011 Budget Cortland County Historical Society 326 Res. 410-10 Mental Health Department Abolish Full-time Director of Administrative Services/Mental Health 327 Res. 411-10 Authorize Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.-Cortland County Local 812-Unit 665002 Effective January 1, 2011 to December 31, 2014 327 Res. 412-10 Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.-Cortland County Local 812-Unit 665003 Effective January 1, 2011 to December 31, 2014 328 LOCAL LAWS Res. 273-10 Adopt Proposed Local Law No. 1 of 2010 – Retirement Incentive Program 211 Res. 279-10 Adopt Proposed Local Law No. 2 of 2010 – Providing for the Term of Office of County Administrator 216 Res. 407-10 Adopt Local Law No. 3 of 2010 A Local Law Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b 323 MENTAL HEALTH Res. 32-10 Amend 2010 Budget Mental Health Department 28 Res. 33-10 Amend Budget Mental Health Department 29 Res. 34-10 Mental Health Department Create Part-Time Fiscal Officer 30 Res. 35-10 Mental Health Department Abolish Full-Time Fiscal Officer/Create Full-Time Fiscal Officer or Fiscal 30 Res. 77-10 Amend Budget/CPL Services Mental Health Department 60 Res. 99-10 Appoint Members Community Services Board Mental Health 74 Res. 115-10 Amend Budget Mental Health Department (NYS Mental Hygiene Agencies) 88 Res. 125-10 Appoint Member-Community Services Board – Mental Health 97 Res. 126-10 Appoint Members-Chemical Dependency Subcommittee Cortland County Community Services Board 98 Res. 127-10 Appoint Members-Mental Retardation/Developmental Disabilities Subcommittee-Cortland County Community Services Board 99 Res. 128-10 Appoint Members-Mental Health Subcommittee-Community Services Board 100 Res. 157-10 Appoint/Re-appoint Members Community Services Board-Mental Health 122 Res. 158-10 Appoint Members Mental Retardation/Developmental Disabilities Subcommittee-Cortland County Community Services Board 122 Res. 159-10 Appoint Part-time Director of Community Mental Health Services-Cortland County Health Department 123 ---PAGE BREAK--- Res. 240-10 Amend Budget/Mental Health (JM Murray Center) 183 Res. 241-10 Authorize Agreements/Mental Health (SUNY Upstate Medical University Physician Assistant Student Affiliation Program) 184 Res. 255-10 Adopt Reorganization Plan – Mental Health – Abolish/Create Several Positions 198 Res. 268-10 Amend Budget/Mental Health (Catholic Charities) 206 Res. 302-10 Appoint Member Community Services Board 238 Res. 303-10 Appoint Members Mental Retardation/Developmental Disabilities Subcommittee Cortland County Community Services Board 238 Res. 304-10 Appoint Members Chemical Dependency Subcommittee Cortland County Community Services Board 239 Res. 314-10 Authorize Agreement Kinney Management Services, LLC, Kchecks Licensing Fee Health Department/Mental Health Department/Department of Social Services 247 Res. 393-10 Extend Appointment of Part-Time Director of Community Mental Health Services Cortland County Mental Health Department (Pending Health Committee Approval) 311 Res. 408-10 Appoint Director of Community Mental Health Services Cortland County Mental Health Department 326 Res. 410-10 Mental Health Department Abolish Full-time Director of Administrative Services/Mental Health 327 MORTGAGE TAX MOTOR VEHICLE BUREAU Res. 59-10 Authorize Payment – Barton & Loguidice Authorize Payment to Barton & Loguidice and JCM Architectural Associates DMV facility and South Main Street 48 OCCUPANCY TAX Res. 57-10 Appoint Legislative Representation to the Occupancy Tax Allocation Committee 47 Res. 153-10 Resolution Encouraging the New York State Legislature to Enact Legislation Requiring Online Travel Companies to Pay Sale and Use Tax on the Entire “Retail” Rate Charged to the Public 116 OFF-TRACK BETTING PERSONNEL / CIVIL SERVICE / MANAGEMENT COMPENSATION Res. 119-10 Amend Drug-Free Work Place Policy for County of Cortland 90 Res. 243-10 Standard Work Day and Reporting Resolution 185 Res. 273-10 Adopt Proposed Local Law No. 1 of 2010 – Retirement Incentive Program 211 Res. 274-10 Amend County Health Insurance Policy 212 Res. 295-10 Authorize Contract/Actuarial Services/Personnel 230 Res. 317-10 Authorize Agreement with Benefits Consulting Group, L.L.C. Health Insurance Benefit Consulting Services County of Cortland County 249 Res. 318-10 Re-Appointment Personnel Officer Personnel Department 250 Res. 350-10 Agreement between the County of Cortland and the Civil Service Employee’s Association, Inc.-Cortland County Local 812-Unit 6650-Effective January 1, 2011 to December 31, 2014 270 Res. 354-10 Amend Management/Management Confidential Comp Policy Grade & Step Schedule for 2011 276 Res. 355-10 Revise Self Insurance Rates-Cortland County Employees Health Benefits Program 278 Res. 397-10 Authorize Agreements Personnel/Civil Service 314 Res. 398-10 Award Proposal/Authorize Agreement Third Party Administration/Cortland County Health Insurance 315 Res. 399-10 Amend Management/Management Confidential Comp Policy Grade and Step Schedule for 2011 315 Res. 411-10 Authorize Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.-Cortland County Local 812-Unit 665002 Effective January 1, 2011 to December 31, 2014 327 Res. 412-10 Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.-Cortland County Local 812-Unit 665003 Effective January 1, 2011 to December 31, 2014 328 PLANNING Res. 41-10 Authorize Application for and Acceptance of National Telecommunication and Information Administration Broadband Initiative Program Funding to Create Public Open Access Fiber Optic 34 Res. 58-10 Appoint Member CNY RC & D Council 48 Res. 89-10 Appoint Members Central New York Regional Planning and Development Board 69 Res. 92-10 Re-Appoint Member Open Space Commission-NYSDEC 71 ---PAGE BREAK--- Res. 93-10 Appoint Members Region 7 Fish and Wildlife Management Board 72 Res. 94-10 Appoint Member CNY Regional Market Authority 72 Res. 96-10 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) 73 Res. 123-10 Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking 95 Res. 124-10 Resolution to Require Wind Developers to Sign, Implement, and Abide by the NYS Attorney General’s Code of Conduct for Wind Farm Development 97 Res. 143-10 Award Bids/Authorize Agreement-Bus Shelters Planning Department 109 Res. 144-10 Authorize Memorandum of Understanding-Clean Communities of Central New York-Planning Department 110 Res. 145-10 Amend 2010 Budget-Planning Department (5311 STOA Program) 111 Res. 176-10 Amend 2010 Budget Planning Department (5311 STOA Program) 133 Res. 177-10 Accept Grant/Authorize Agreement/Amend 2010 Budget New York State Department of Transportation (NYSDOT) Section 5316-Job Access and Reverse Commute (JARC) Cortland County Planning Department 133 Res. 178-10 Accept Grant/Authorize Agreement/Amend 2010 Budget Agreement New York State Department of Transportation (NYSDOT) Section 5317 – New Freedom (NF) Cortland County Planning Department 134 Res. 190-10 Appoint/Re-appoint Members – Cortland County Planning Board 149 Res. 212-10 Authorize Grant Application – Planning Department/Cortland County Snowmobile Trail Development and Maintenance 164 Res. 213-10 Authorize Agreements/Planning Department – Cortland County Snowmobile Clubs 2010-2011 165 Res. 247-10 Appoint Member – Cortland County Planning Board 192 Res. 269-10 Authorize the CNY Regional Plan for Sustainable Development Partnership Agreement/Planning Department 206 Res. 270-10 Establish an Appropriation and Revenue Account NYS DOT and Job Access and Reverse Commute (JARC) 208 Res. 271-10 Establish and Appropriation and Revenue Account NYS DOT (New Freedom) 209 Res. 272-10 Amend 2010 Budget, Motor Vehicle Equipment and 5311 Capital Project 210 Res. 315-10 Amend 2010 Budget, Motor Vehicle Equipment and 5311 Capital Project Local and Federal Planning Department-NYSDOT Transportation Planning for Localities 248 Res. 316-10 Authorization to make Application for Section 5311 Annual Operating Assistance Cortland County Planning Department 248 Res. 347-10 Authorize Chairman to Sign Agreement Planning Department (Cortland County and Central New York Regional Planning & Development Board 2011) 268 Res. 348-10 Authorize Agreement Planning Department (Cortland County and Southern Tier East Regional Planning Development Board 2011) 268 Res. 349-10 Authorize Agreement James W. Sewall Company and Cortland County Planning Department 269 Res. 394-10 Supporting Regional Transportation Study Planning Department 312 POLICIES Res. 104-10 Adopt Rules that Enables/Authorizes Extension of Pricing Through Cortland County 78 Res. 119-10 Amend Drug-Free Work Place Policy for County of Cortland 90 Res. 122-10 Define Authority for County Contract Execution 93 Res. 185-10 Amend Policy and Procedure on the Collection, Handling and Disbursement of Departmental Funds 140 Res. 192-10 Adopt Cortland County Information Security Policy/Appoint Official 150 Res. 354-10 Amend Management/Management Confidential Comp Policy Grade & Step Schedule for 2011 276 PROBATION Res. 24-10 Appoint Probation Director II Cortland County Probation Department 21 Res. 72-10 Authorize Agreement Probation Department (Medlab, Inc.) 56 Res. 133-10 Authorize Agreement Amendment-Probation Department-Electronic Monitoring (BI Incorporated) 103 Res. 160-10 To Recommend And Request That The State Of New York Delay The Implementation Of The Ignition Interlock Provisions Of Leandra’s Law 124 Res. 163-10 Authorize Agreement Alcohol/Substance Abuse & Referral Services (Probation/A.T.I. – Sheriff/Jail) 125 Res. 378-10 Appoint Member Criminal Advisory Board 302 Res. 405-10 Authorize Agreement Probation Department (Caseload Explorer) 321 ---PAGE BREAK--- PUBLIC DEFENDER Res. 5-10 Appointment of Public Defender 3 PUBLIC HEALTH Res. 12-10 Authorize Appointment Health Department/Environmental Health (Hearing Officer Services) 15 Res. 29-10 Amend Budget Health Department (Reappropriation of Expenses & Revenues Deferred From Prior Year, 2009-2010) 24 Res. 30-10 Appoint Member/Anthony Pace Cortland County Board of Health 27 Res. 31-10 Authorize Agreements/Accept Funds Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) 27 Res. 110-10 Authorize Agreements Health Department/Children With Special Needs Program (Contracts for Services) 83 Res. 111-10 Authorize Agreement/Accept Funds Health Department/Nursing (Early Intervention ARRA funds) 85 Res. 112-10 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization ARRA Funds) 86 Res. 113-10 Authorize Agreements Health Department (Hospice Division) (Contracted Services) 87 Res. 114-10 Authorize Agreement/Accept Funds Health Department/Jacobus Center for Reproductive Health (State Grant) 87 Res. 138-10 Resolution Rejecting Bids-Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) 107 Res. 139-10 Accept Funds-Health Department/Administration (Community Partnership for Tobacco Control Program) 108 Res. 140-10 Authorize Agreement/Accept Funds Health Department/Administration Susan G. Komen Breast Cancer Grant 108 Res. 141-10 Appoint Member-Cortland County Board of Health (Marie Walsh) 109 Res. 142-10 Health Department Abolish Full-time Director of Patient Services/Create Full-time Assistant Director of Patient Services 109 Res. 171-10 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Early Detection Program 130 Res. 172-10 Appoint Member-Cortland County Board of Health 131 Res. 173-10 Award Contract/Authorize Agreement Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) 131 Res. 174-10 Authorize Agreement Cortland County Health Department/Nursing Division McBee Associates 132 Res. 175-10 Authorize Agreement Cortland County Health Department (Nursing Division) Health Wyse, LLC 132 Res. 208-10 Authorize Agreement/Accept Funds Health Department/Children With Special Needs NYS Grant) 162 Res. 209-10 Authorize Agreement/Accept Funds/Health Department/Nursing (Immunization Action Plan Grant) 163 Res. 210-10 Authorize Agreement/Accept Funds/Health Department Lead Poisoning Prevention Grant 163 Res. 211-10 Health Department – Create Part-time Public Health Educator 164 Res. 237-10 Authorize Agreement/Accept Funds – Health Department/Children with Special Needs (Preschool Special Education Funding) 182 Res. 238-10 Award Proposal/Authorize Agreement Health Department/Children With Special Needs (Clinical Software – PreK program) 182 Res. 239-10 Authorize Agreements/Health Department (CAHPS Survey Vendor) 183 Res. 265-10 Authorize Agreement/Accept Funds – Health Department/Children With Special Needs (EIP NYS Grant) 204 Res. 266-10 Authorize Agreement/Accept Funds – Health Department/Tobacco Enforcement Program 205 Res. 267-10 Authorize Agreement/Cortland Regional Medical Center (Health Department) 205 Res. 291-10 Authorize Agreements/Accept Funds – Health Department/Breast & Cervical Cancer Early Detection Program 227 Res. 292-10 Authorize Agreements/Accept Funds – Health Department/Drinking Water Program 228 Res. 293-10 Authorize Agreement – Health Department (Printer Maintenance) 229 Res. 294-10 Authorize Amended Agreement – Health Department/Health Research Inc. 230 Res. 313-10 Authorize Agreement/Transfer Certificate of Need Cortland County Certified Home Health Agency/HCR Health Department 246 ---PAGE BREAK--- Res. 314-10 Authorize Agreement Kinney Management Services, LLC, Kchecks Licensing Fee Health Department/Mental Health Department/Department of Social Services 247 Res. 344-10 Authorize Application Cortland County Health Department/Nursing Division (Application to Operate a Licensed Home Care Service Agency) 266 Res. 345-10 Authorize Agreements/Accept Funds Health Department/Children With Special Needs (NYS Facilitated Enrollment Program) 267 Res. 346-10 Re-Appoint Member Cortland County Board of Health (Christopher Moheimani, M. 268 Res. 392-10 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection 311 PUBLIC HEARINGS Res. 330-10 Authorize Public Hearing 2011 Tentative Budget 258 Res. 331-10 Authorize Public Hearing Coldwar Veterans Exemption 259 REAL PROPERTY TAX Res. 358-10 A Resolution Providing for the Partial Payment of Real Property Tax 286 Res. 360-10 Authorize Agreement Real Property Tax Services OCE Scanner/Printer 288 Res. 362-10 Amend 2011 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to reduce Real Property Tax Levy Real Property Tax Service 289 Res. 363-10 Levy County Tax-City of Cortland Real Property Tax Service 290 Res. 364-10 Fix Date to Sign Warrant Real Property Tax Service 290 Res. 365-10 Levy Town Special District Taxes Real Property Tax Service 291 Res. 366-10 Levy Town General and Highway Taxes Real Property Tax Service 291 Res. 367-10 Levy Water Charges-Town of Scott Real Property Tax Service 293 Res. 368-19 Levy Water Charges-Town of Cincinnatus Real Property Tax Service 294 Res. 369-10 Levy Water Charges-Town of Cortlandville Real Property Tax Service 295 Res. 370-10 Levy Water Charges-Town of Harford Real Property Tax Service 297 Res. 371-10 Levy Water Charges-Town of Virgil Real Property Tax Service 297 Res. 372-10 Levy Sewer Charges-Town of Cortlandville Real Property Tax Service 298 Res. 373-10 Levy Sewer Charges-Town of Cuyler Real Property Tax Service 299 Res. 374-10 Levy Sewer Charges-Town of Virgil Real Property Tax Service 300 RECYCLING (see SOLID WASTE MANAGEMENT) RULES OF ORDER Res. 9-10 Adoption of Rules of Order Cortland County Legislature 6 SAFETY Res. 60-10 Resolution Authorizing Safety Officer and Buildings & Grounds to Make Emergency Acquisitions 49 SALES TAX Res. 153-10 Resolution Encouraging the New York State Legislature to Enact Legislation Requiring Online Travel Companies to Pay Sale and Use Tax on the Entire “Retail” Rate Charged to the Public 116 Res. 153-10 Resolution Encouraging the New York State Legislature to Enact Legislation Requiring Online Travel Companies to Pay Sale and Use Tax on the Entire “Retail” Rate Charged to the Public 289 Res. 362-10 Amend 2011 Budget to Reflect State Administered Non-Property Tax (Sales Tax) to reduce Real Property Tax Levy Real Property Tax Service SHERIFF Res. 65-10 Authorize Agreement/Amend Budget (Governor’s Traffic Safety Committee – STEP) Sheriff’s Department 52 Res. 66-10 Authorize Agreement/Sheriff’s Department (NYS Security Services to Cortland County Courts) 53 Res. 67-10 Sheriff’s Department Create Temporary Secretary to the Sheriff Full-Time With Benefits 53 Res. 103-10 Amend Budget D.A.R.E. Program Sheriff’s Department 78 Res. 131-10 Authorize Agreement-Sheriff’s Department/Jail (GLOBAL TEL*LINK CORPORATION) 102 ---PAGE BREAK--- Res. 160-10 To Recommend And Request That The State Of New York Delay The Implementation Of The Ignition Interlock Provisions Of Leandra’s Law 124 Res. 161-10 Authorize Agreement Sheriff’s Department/Jail/Sheriff-Empire Interpreting Service 124 Res. 163-10 Authorize Agreement Alcohol/Substance Abuse & Referral Services (Probation/A.T.I. – Sheriff/Jail) 125 Res. 186-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff’s Department 144 Res. 187-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff’s Department 145 Res. 259-10 Authorize Agreement – Sheriff’s Department/911 Center (AAT Communications) 200 Res. 284-10 Authorize Agreement Sheriff’s Department/911 Center (AAT Communications) 221 Res. 285-10 Increase Salary/Sheriff’s Department (Court Attendants) 222 Res. 310-10 Authorize Contract-Jail Camera Wiring/Information Technology (Cortland Electronics) 244 Res. 311-10 Authorize Agreement Extension Sheriff Department (NYS Security Services in Cortland County Courts) 244 Res. 329-10 Good Faith Negotiation-Interoperable Emergency Communication System/Sheriff (Motorola) 256 Res. 333-10 Amend Budget/Transfer Funds Sheriff’s Department/Jail (overtime) 260 Res. 334-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Part time Pay) 260 Res. 335-10 Amend 2010 Budget/Transfer Funds Sheriff Department/Jail (Medical Services/Medical Supplies) 261 Res. 336-10 Amend Budget/Transfer Funds Sheriff Department/Jail (Support Services) 262 Res. 337-10 Award Purchase of a 2010 Honda Muv700 EFI Big Red 262 Res. 385-10 Authorize Agreement Sheriff’s Department/911 Center New World Systems Corporation 306 Res. 386-10 Authorize Agreement Sheriff’s Department/Jail Division Swanson Services Corporation 306 SNOWMOBILE TRAIL MAINTENANCE & DEVELOPMENT SOCIAL SERVICES Res. 151-10 Abolish/Create Social Services Department-Senior Caseworker/Case Supervisor Grade B 115 Res. 244-10 Abolish/Create Social Services Department Caseworker/Senior Caseworker 186 Res. 276-10 Amend Budget – Dept. of Social Services (TANF) 213 Res. 314-10 Authorize Agreement Kinney Management Services, LLC, Kchecks Licensing Fee Health Department/Mental Health Department/Department of Social Services 247 Res. 320-10 Abolish/Create Social Services Department Secretary II/Secretary to the Commissioner of Social Services 251 Res. 321-10 Authorize Agreements Department of Social Services (Day Care Services) 251 Res. 322-10 Authorize Agreements Department of Social Services (Work Experience Work Sites) 252 Res. 323-10 Authorize Agreements Department of Social Services (Foster Care) 252 Res. 324-10 Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.) 252 Res. 325-10 Amend Budget Department of Social Services (Transfer) 254 Res. 326-10 Amend Budget Department of Social Services (Transfer) 255 Res. 327-10 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau 255 Res. 328-10 Authorize Contract/Richard McNeilly, CPA 255 Res. 351-10 Amend Budget Department of Social Services (Transfer) 270 SOIL AND WATER CONSERVATION Res. 43-10 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) 36 Res. 95-10 Appoint Members Soil and Water Conservation Board 72 Res. 377-10 Re-Appoint Member Soil and Water Conservation District Board 301 SOLID WASTE MANAGEMENT Res. 28-10 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 24 Res. 73-10 Award 10 Gauge Bailing Wire Highway Department/Recycling 58 Res. 74-10 Assign Metal Object Removal Contract Highway Department/Recycling 58 Res. 87-10 Authorize Amnesty/Tipping Fees South Main Street Properties Highway Department/Solid Waste 66 Res. 107-10 Resolution To Support Electronics Recycling And Extended Producer Responsibility Legislation For Electric Wastes And Urging Local Governments In Cortland County To Do The Same 81 Res. 109-10 Authorize Amnesty Week Highway Department/Landfill 83 ---PAGE BREAK--- Res. 169-10 Award Scrap Tire Removal & Recycling Contract-Highway Department/Landfill 129 Res. 170-10 Award Household Hazardous Waste Contract Highway Department/Landfill 130 Res. 231-10 Award Highway Bid – Metal Object Removal (Recycling) 176 Res. 236-10 Authorize Contract – EnSol Inc. (Highway/Landfill) 181 Res. 250-10 Award Highway Equipment – Landfill Compactor/Reject Bids 194 Res. 262-10 Amend Budget/Transfer Funds – Landfill Compactor Repair 202 Res. 263-10 Authorize Exemption from Tipping Fees/River Clean up 203 Res. 338-10 Authorize Agreement-Electronic Recycling Highway Department/Solid Waste 263 Res. 339-10 Authorize Agreement Recycling/Highway Department J. M. Murray Center-Recycling Sorting Services 264 Res. 340-10 Authorize Agreement/Environmental Monitoring Highway Department/Landfill 264 Res. 341-10 Authorize Agreement/Leachate Testing/ Highway Department/Landfill 265 Res. 342-10 Authorize Amnesty Highway Department/Landfill Village of McGraw 265 Res. 390-10 Household Hazardous Waste Application Highway Department/Landfill 309 STOP DWI TOMPKINS CORTLAND COMMUNITY COLLEGE (TC3) Res. 15-10 Appoint Members TC-3 Financial Oversight Committee 16 Res. 85-10 Authorize Payment Tompkins Cortland Community College (Operating Budget 2009-2010) 65 Res. 97-10 Appoint Cortland County Liaison TC-3 Board of Trustees 73 Res. 188-10 Adopt 2010-2011 Operating Budget – Tompkins Cortland Community College 147 Res. 289-10 Authorize South Main Street Building Foundation Removal Project/Highway 225 Res. 406-10 Authorize Payment/Amend 2010 Budget Tompkins Cortland Community College Electrical Panel Replacement Project 322 TREASURER Res. 46-10 Create Delinquent Tax Receiver Treasurer’s Office 38 Res. 86-10 Authorize Agreement/Treasurer’s Office County Wide Cost Allocation Plan (Jack Venesky, CPA) 65 Res. 183-10 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office 139 Res. 185-10 Amend Policy and Procedure on the Collection, Handling and Disbursement of Departmental Funds 140 Res. 222-10 Authorize Auctioneer for Sale of County Properties 170 Res. 223-10 Resolution to Withdraw Real Property from In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Claiser) 170 Res. 224-10 Resolution to Withdraw Real Property from In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Barbarito) 171 Res. 283-10 Authorize Contract/Amend Budget – John Regan/Auditing Services 221 Res. 296-10 Set Date for Deed Filing of Foreclosed Properties 230 Res. 352-10 Authorizing the County Treasurer to Establish Contingency and Tax Stabilization Reserve Fund 271 Res. 353-10 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office 271 Res. 380-10 Authorizing Accounts Payable Year End Adjustments to 2010 Budget 303 Res. 381-10 Transfer Funds Treasurer’s Office 303 VETERAN’S SERVICE Res. 4-10 Appointment of Veterans’ Service Officer 3 Res. 118-10 Authorize the County Clerk to Implement Program Veteran’s Return the Favor County Clerk’s Office 90 Res. 331-10 Authorize Public Hearing Coldwar Veterans Exemption 259 Res. 407-10 Adopt Local Law No. 3 of 2010 A Local Law Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b 323 WEIGHTS & MEASURES WORKERS’ COMPENSATION YOUTH BUREAU Res. 36-10 Appoint/Re-Appoint Members Cortland County Youth Bureau 30 ---PAGE BREAK--- Res. 37-10 Authorize Agreements Youth Bureau (New York State Office of Children and Family Services) 31 Res. 38-10 Amend Budget/Youth Bureau Grant Funds 32 Res. 39-10 Authorize Agreement Youth Bureau (AmeriCorps Member) 33 Res. 40-10 Accept Funds/Amend Budget/Authorize Agreement Youth Bureau (The Research Foundation of SUNY) 34 Res. 80-10 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau 62 Res. 220-10 Accept Donation/Amend Budget – Youth Bureau (Pall Trinity Donation) 169 Res. 221-10 Create Part-Time Temporary Recreation Specialist (Youth Bureau) 170 Res. 249-10 Appoint Members – Cortland County Youth Board 197 Res. 402-10 Authorize Agreements Youth Bureau (NYS Office of Children and Family Service) 319 Res. 403-10 Authorize Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau 320 Res. 404-10 Authorize Agreement Youth Bureau (AmeriCorps Member) 321 ---PAGE BREAK--- 1 Cortland County Legislature January 6, 2010 10:00 A.M. Minutes Order of Business The Clerk of the Legislature opened the meeting at 10:00 a.m. followed by the Salute to the Flag. A roll call was taken, and all members were present. New Business The Clerk announced that a nomination for Chairman of the Legislature will be taken from the floor, and a vote will be taken. If the motion fails, another nomination will be accepted. The Clerk recognized Mr. Troy. Mr. Troy nominated Mr. John Steger for Chairman. Seconded by Mr. Hartnett. A roll call vote was taken. (See attached) The motion failed with a weighted vote of 20,603. The Clerk recognized Mr. Steger. Mr. Steger nominated Ms. Sandy Price for Chairman. Seconded by Mr. Cornell. A roll call vote was taken. (See attached) The motion failed with a weighted vote of 20,603. The Clerk recognized Mr. Pace. Mr. Pace nominated Mr. Jack Williams. Seconded by Mr. Ross. A roll call vote was taken. (See attached). The motion was approved with a weighted vote of 27,996. The County Clerk administered the Oath of Office to Mr. Williams, and Mr. Pace’s motion became: ON THE MOTION OF MR. PACE RESOLUTION NO. 1-10 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 WHEREAS, Cortland County presently has a policy covering employees for wrongful acts, NOW THERFORE BE IT RESOLVED, that Jack Williams, 14 Cedar Street, Cortland, NY 13045 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. ---PAGE BREAK--- 2 Chairman Williams asked for a motion to appoint the Clerk of the Legislature. Mr. Cornell made a motion that Jeremy Boylan be appointed as Clerk of the Legislature. Seconded by Ms. Price. Ms. Price stated that Mr. Boylan was the unanimous selection of the Search Committee. Chairman Williams asked if the Legislature would like a roll call vote, or a “voice vote.” A “voice vote” was called. All members voting in favor; none opposed, and the motion was approved. The County Clerk Administered the Oath of Office to Mr. Boylan, and Mr. Cornell’s motion became: ON THE MOTION OF MR. CORNELL RESOLUTION NO. 2-10 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 an Advisory Committee to review applications and interview candidates to make a recommendation to this Legislature, 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, 37 River Street, Homer, NY 13077, be and hereby is appointed to 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. Chairman Williams asked for a motion to appoint the County Attorney. Mr. Cornell made a motion to appoint Mr. Ed Purser. Seconded by Mr. Fuller. Mr. Fuller said that Mr. Purser’s appointment was recommended by a majority of the search committee. Chairman Williams called for a voice vote. All members voting in favor, except for Legislators Spaulding, Hartnett, Bushnell, Troy and Price. The motion was approved. The County Clerk administered the Oath of Office to Mr. Purser, and Mr. Cornell’s motion became: ON THE MOTION OF MR. CORNELL RESOLUTION NO. 3-10 Appointment County Attorney WHEREAS, County Law, Section 500 requires the appointment of a County Attorney, NOW THEREFORE BE IT RESOLVED, that Edward Purser, 44 Hamlin Street, Cortland, NY 13045, 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 as adopted by Resolution No. 424-05 as amended by Resolution No. 367-07. NOW THEREFORE BE IT 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 ---PAGE BREAK--- 3 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. Chairman Williams called for a motion to Receive & File the Nominating Form designating Susan Briggs as the Minority Leader of the Republican Party. Ms. Price made a motion to Receive & File. Seconded by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Chairman Williams asked for a motion to appoint a County Auditor. Ms. Price made a motion to appoint Dennis Whitt as County Auditor. Seconded by Mr. Troy. Ms. Price said that when the Legislature was considering implementing a County Administrator form of government it became evident that an additional “financial person” was also necessary. The first search did not fill the position. The second one did, and Mr. Whitt was appointed. She said he has done a good job in getting the county’s finances into shape, and recommends keeping Mr. Whitt as County Auditor. Chairman Williams called for a roll call vote. (See attached). The motion failed with a weighted vote of 21,095. Chairman Williams said that under these circumstances, he will call for a special meeting of the Legislature on Friday, January 8 at 12 Noon, and he asked the Clerk to advertise this meeting. Chairman Williams called for a motion to appoint the Veteran’s Service Officer. Mr. Troy made a motion to appoint Mr. Carl Bullock as the Veteran’s Services Officer. Seconded by Ms. Price. Mr. Fuller said that he has worked with Mr. Bullock in his capacity as Veterans Service Officer and highly recommends his reappointment. All members voting in favor; none opposed. Mr. Troy’s motion became: ON THE MOTION OF MR. TROY RESOLUTION NO. 4-10 Appointment Veterans’ Service Officer WHEREAS, Section 357 of Executive Law provides for the appointment by the Chairman, with the approval of the County Legislature, of a Director of Veterans’ Services, NOW THEREFORE BE IT RESOLVED, that the appointment by the Chairman of the Board is Carl Bullock, 15 OK Street, Box 276, McGraw, New York 13101, as County Director of Veterans Services to serve at the pleasure of said Chairman, be and hereby is approved, AND BE IT FURTHER RESOLVED, that compensation for the position shall be in accordance with the Management/Management Confidential Compensation Employment Policy. Chairman Williams called for a motion to appoint the Public Defender. Ms. Price made a motion to appoint Mr. Keith Dayton as Public Defender. Mr. Troy seconded the motion. Ms. Arnold said she could not support Mr. Dayton, as he spends time during the work day teaching college courses and at a private practice. Mr. Ross called for a Roll Call vote (see attached). Chairman Williams said that he will abstain. The motion was approved with a weighted vote of 38,520, and Ms. Price’s motion became: ON THE MOTION OF MS. PRICE RESOLUTION NO. 5-10 Appointment Public Defender ---PAGE BREAK--- 4 WHEREAS, Local Law No. 2 of 1966 provided for the creation of the Public Defender’s Office and established the term of office for the position of Public Defender, NOW THEREFORE BE IT RESOLVED, that Keith Dayton, 2703 Cherry Lane, Dryden, New York 13053 be and hereby is appointed Public Defender for a two year term beginning January 1, 2010, and shall be compensated in accordance with the Management/Management Confidential Employment Policy. Mr. Ross made a motion to designate the Official Newspaper. Seconded by Ms. Gofkowski. All members voting in favor; none opposed, and Mr. Ross’ motion became: ON THE MOTION OF MR. CORNELL RESOLUTION NO. 6-10 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, 2010 through December 31, 2011, 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, 2010. Mr. Troy made a motion to designate county depositories. Seconded by Ms. Price. Ms. Arnold said she would like to see a local or regional bank to replace JP Morgan Chase of interest rates are comparable. Mr. O’Mara said he will look into this, and if possible, have something ready for the next regularly scheduled meeting. All members voting in favor; none opposed, and Mr. Troy’s motion became: ON THE MOTION OF MR. TROY RESOLUTION NO. 7-10 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 ---PAGE BREAK--- 5 Alliance Bank, NA $25,000,000.00 J.P. Morgan Chase Bank $25,000,000.00 First Niagara Commercial Bank $25,000,000.00 M & T Bank $10,000,000.00 First National Bank of Dryden $10,000,000.00 Key Bank of New York $10,000,000.00 Tompkins Trust Co. $10,000,000.00 HSBC $10,000,000.00 Citizens Bank $10,000,000.00 Mr. Cornell made a motion to authorize the Procurement of Property and Casualty Insurance. Seconded by Ms. Price. Mr. Willcox asked why the county does not go out to bid for this. Mr. Schrader explained that the insurance itself is put out to bid by the third-party administrator, but the broker has not been bid, as it has never been directed to do so by the legislature. Ms. Price asked if there would be a lapse in coverage if that were done. Mr. Schrader said yes, there would be. Ms. Arnold said this can be reviewed during the upcoming year, and she asked what the brokerage fee is. Mr. Schrader said that it is based on commission, and is about 6 percent of the total cost of the insurance. All members voting in favor; none opposed, and Mr. Cornell’s motion became: ON THE MOTION OF MR. CORNELL RESOLUTION NO. 8-10 Authorizing Procurement of Property and Casualty Insurance WHEREAS, the County is in need of Property and Casualty Insurance policies; including general liability, crime, law enforcement liability, medical malpractice, automobile liability, public officials’ liability, property, and umbrella coverage, AND WHEREAS, McNeil & Company has received a policy proposal on the County’s behalf for insurance coverage beginning January 1, 2010 from the County’s current insurer, NOW THEREFORE BE IT RESOLVED, the Chairman of the Legislature, with the concurrence of the County Administrator, upon review and approval be the County Attorney, is authorized to execute any and all contracts necessary to bind insurance coverage for the County, in an approximate amount of $425,000.00, AND BE IT FURTHER RESOLVED, that these policies shall serve as a blanket undertaking as required by §403 of County Law and authorized by §11 of Public Officers Law, AND BE IT FURTHER RESOLVED, the County Administrator is directed to file a copy of these policies with the County Clerk. Mr. Ross made a motion to adopt the Cortland County Rules of Order. Seconded by Mr. Willcox. Mr. Fuller said that there have been some problems with the Rules of Order that have come to light, and he would like to see them addressed soon. All members voting in favor; none opposed, and Mr. Ross’ motion became: ---PAGE BREAK--- 6 ON THE MOTION OF MR. ROSS RESOLUTION NO. 9-10 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, 2010. Adjournment Ms. Briggs made a motion to adjourn the meeting. Seconded by Ms. Gofkowski. The meeting was adjourned. ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 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 2775 Troy 2362 1 2362 Waldbauer 2816 1 0 ---PAGE BREAK--- 7 Willcox 2348 1 0 Williams 2320 1 0 48599 20603 Date: Jan. 6, 2010 Nomination of John Steger for Chairman of the Legislature Majority 24300 2/3rd 32400 ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 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 2775 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 48599 20603 Date: Jan. 6, 2010 Nomination of Ms. Sandy Price for Chairman of the Legislature Majority 24300 2/3rd 32400 ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 ---PAGE BREAK--- 8 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 0 Troy 2362 1 0 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 48599 27996 Date: Jan. 6, 2010 Nomination of Mr. Jack Williams for Chairman of the Legislature Majority 24300 2/3rd 32400 ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 0 48599 21095 Date: Jan. 6, 2010 Appointment of Dennis Whitt as County Auditor Majority 24300 2/3rd 32400 ---PAGE BREAK--- 9 ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 0 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 0 48599 38520 Date: Jan. 6, 2010 Appointment of Keith Dayton as Public Defender Majority 24300 2/3rd 32400 Cortland County Legislature January 8, 2010 12:00 Noon Minutes Order of Business The Clerk of the Legislature opened the meeting at 12:02 p.m. followed by the Salute to the Flag. A roll call was taken, and all members were present. New Business There was no one wishing Privilege of the Floor. Chairman Williams said that he called this meeting to discuss the position of County Auditor, as it was not filled at the Jan. 6 Organizational Meeting. ---PAGE BREAK--- 10 Ms. Price, on behalf of herself and six other legislators, distributed a letter of support of Dennis Whitt, with attachments from previous Chairmen of the Legislature. This was received by the Clerk of the Legislature. Chairman Williams said that this was a personnel issue, dealing specifically with the County Auditor’s position and asked for a motion to go into Executive Session. Ms. Arnold made a motion to hold an Executive Session. Seconded by Ms. Briggs. The committee went into executive session. Following the Executive Session, Chairman Williams distributed a resolution titled “Appoint Deputy County Auditor.” Personnel Director Annette Barber suggested the language be changed in the resolution. Ms. Gofkowski made a motion to amend the resolution to “Appoint Interim County Auditor.” The motion was seconded by Mr. Pace. Ms. Price asked if approving the resolution was legal. Mr. Purser said yes. Chairman Williams called for a roll call vote. (See attached). The motion was approved with a weighted vote of 43,873, with Legislators Troy and Spaulding opposed. Chairman Williams called for a motion to appoint Jane Sharpe as Interim County Auditor. Ms. Gofkowski made the motion. Seconded by Mr. Parker. Mr. Troy said that this is a “sneaky way of getting around the Rules of Order.” He said that Mr. Whitt is more qualified to hold the position. Mr. Spaulding agreed. Chairman Williams called for a roll call vote (See attached). The motion was approved with a weighted vote of 43,873, with Legislators Troy and Spaulding opposed. The resolution became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 10-10 Appoint Interim County Auditor WHEREAS, by Resolution No. 319 of 1994 the Cortland County Legislature did create the Office of County Auditor to provide for the audit all claims, accounts, and demands which are made county charges by law and which would otherwise be audited by the Legislature, AND WHEREAS, at the Organizational Meeting of the Cortland County Legislature on January 6, 2010 the Cortland County Legislature failed to appoint a County Auditor for the term beginning January 6, 2010 and ending December 31, 2011, AND WHEREAS, therefore a vacancy currently exists in the position of County Auditor, and no deputy has been appointed to perform the duties of Auditor in the absence or disability of such principal, AND WHEREAS, there is a need to provide for professional service and continuity in the audit and payment of claims, NOW THEREFORE BE IT RESOLVED, that Jane Sharpe be and hereby is appointed Interim County Auditor for a term commencing January 8, 2010 through December 31, 2011. Ms. Gofkowski asked if the form designating a Democratic Majority Leader had been received by the Clerk of the Legislature. The Clerk answered that yes, it had been filed that morning, Jan. 8, 2010. Ms. Gofkowski said she objected to the designation of Ms. Price, as that was not the wish of the majority at a recent meeting of the Democratic caucus, which was reported by the Cortland Standard, the County’s Paper of Record. ---PAGE BREAK--- 11 Announcements Ms. Arnold said that due to the County Clerk’s opinion that the County Administrator position is vacant, she has invited Mr. Dale Sweetland to meet with legislators to discuss the idea of being the County’s Interim Administrator. Ms. Price asked if Mr. Williams has met with Mr. Schrader to clarify the Administrator’s position. Mr. Williams said he has met with Mr. Schrader, and that the County Attorney is working to remedy the situation. Once there is an agreement in writing, the Chairman will notify the Legislature. Mr. Cornell asked if the Legislature could hold a special meeting to discuss the County Administrator position. Chairman Williams said he would call for a meeting Thursday, January 14 at 6 p.m. Adjournment Mr. Fuller made a motion to adjourn. Seconded by Mr. Cornell. All members voting in favor; none opposed. The meeting was adjourned. ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 0 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 48599 43873 Date: January 8, 2010 Amend Resolution - Appoint Interim County Auditor Majority 24300 2/3rd 32400 ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 3369 ---PAGE BREAK--- 12 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 0 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 48599 43873 Date: January 8, 2010 Appoint Jane Sharpe Interim County Auditor Majority 24300 2/3rd 32400 Cortland County Legislature January 14, 2010 6:00 P.M. Minutes Order of Business Chairman Williams 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. Privilege of the Floor There was no one wishing to have Privilege of the Floor New Business Chairman Williams said that the purpose of this meeting is to discuss the future of the County Administrator Position. He asked for a motion to go into Executive Session to discuss terms of a contract. Executive Session ---PAGE BREAK--- 13 Ms. Briggs made a motion to go into Executive Session. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The Legislature held an Executive Session. Following the Executive Session, the Clerk distributed copies of a resolution titled “Accept Resignation/Terms of Settlement/Separation.” Ms. Gofkowski made a motion to approve the resolution. Seconded by Mr. Willcox. Ms. Price asked the County Attorney if the Rules of Order need to be set aside, as this resolution was not on the agenda. Mr. Purser said he does not think it is necessary, but the Legislature certainly can do so. Ms. Price made a motion to suspend the Rules of Order. Seconded by Mr. Hartnett. Chairman Williams called a roll call vote. (See attached). The motion was approved with a weighted vote of 38,223. Chairman Williams asked for any further discussion regarding the resolution itself. Mr. Cornell said in terms of Mr. Schrader’s departure the County has been very unprofessional, and he thanked Mr. Schrader, saying he did an excellent job. Mr. Troy said that Mr. Schrader has done an outstanding job with the County’s finances, and will be accepting Mr. Schrader’s resignation, but with regrets. Ms. Price, Mr. Waldbauer and Mr. Hartnett echoed Mr. Troy’s sentiments. Mr. Spaulding said he would vote against the resolution because he feels the way that the situation was handled by the County was wrong. All members voting in favor, except Mr. Spaulding and Mr. Cornell. The motion was approved and became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 11-10 Accept Resignation/Terms of Settlement/Separation RESOLVED, that the Cortland County Legislature hereby accepts the resignation of Scott A. Schrader, County Administrator, at the close of business on January 14, 2010, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature accepts the terms of the employment and separation agreement attached hereto (see Appendix A of this Journal), and hereby authorizes and directs the Chairman to sign said agreement. Mr. Purser outlined the terms of the agreement, saying that Mr. Schrader will receive six months pay, and his health insurance will be kept in effect until July 31, 2010. He will also receive compensation for his vacation days. There is language in the agreement that indemnifies Mr. Schrader in regards to any current or pending lawsuits naming him or the County. Announcements Ms. Arnold asked about the process for moving forward with the County Administrator’s position. Mr. Schrader left the meeting. Ms. Arnold said she would like to see an advertisement of the position written and distributed as soon as possible for an interim administrator, and then take the time to do a full search. Mr. Hartnett said this discussion should be being done by the standing committees. Chairman Williams agreed and said this should be discussed by the Personnel and the Budget & Finance Committees. Adjournment Mr. Fuller made a motion to adjourn the meeting. Seconded by Mr. Willcox. The meeting was adjourned. ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 ---PAGE BREAK--- 14 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 0 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 48599 38223 Date: Jan. 14, 2010 To suspend the Rules of Order Majority 24300 2/3rd 32400 Cortland County Legislature January 28, 2010 6:00 PM Minutes Order of Business Chairman Williams 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 Ms. Price made a motion to accept the Minutes of Dec. 17, 2009, and approve the minutes of Jan. 6, 2010, Jan. 8, 2010 and Jan. 14, 2010. Seconded by Mr. Cornell. Ms. Arnold asked that a clerical correction be made to the Dec. 17 minutes. All members voting in favor; none opposed. The minutes were approved pending one correction. Privilege of the Floor ---PAGE BREAK--- 15 Mr. Ed Bennedy requested privilege of the floor. He wished to speak about the Eminent Domain proceedings at 13-15 Elm Street in Cortland. Chairman Williams did not grant privilege of the floor, as this topic was not on the agenda. Proclamations & Recognitions The Clerk announced that a planned presentation to the Marathon Girls Field Hockey Team will be postponed to a future meeting. The team could not make it to the meeting due to the poor weather. Receive & File Mr. Troy made a motion to Receive & File the 2010 Adopted Budget. Seconded by Ms. Price. All members voting in favor; none opposed. The motion was approved. Ms. Price made a motion to Receive & File the 2009 Annual Report of the Department of Weights & Measures. Seconded by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Mr. Cornell made a motion to Receive & File the Acting County Administrator’s Recommendation of Lisa Cutia as Director of Probation. Seconded by Ms. Price. All members voting in favor; none opposed. The motion was approved. New Business Chairman Williams asked for a motion to approve Agenda Item No. 1 through 5, and 7, 8, and 9 as a Consent Agenda. Ms. Price made the motion. Seconded by Mr. Willcox. All members voting in favor; none opposed. Agenda Items 1 through 5 and 7, 8 and 9 became: ON MOTION OF MR. WILIIAMS RESOLUTION NO. 12-10 Authorize Appointment 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, it has been determined that it is more appropriate to have the Hearing Officer appointed by the Legislature rather than entering into a contract, AND WHEREAS, funds for 2010 are available in account A40125 54055 (Professional Services), AND WHEREAS, the term for this appointment shall be from 1 January 2010 to 31 December 2011, NOW THEREFORE BE IT RESOLVED, that Robert Spitzer of 23 West Court Street, Cortland, New York be and hereby is appointed as Hearing Officer for the term of 1 January 2010 to 31 December 2011. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 13-10 Appoint Member/Board of Directors Finger Lakes Tourism Alliance ---PAGE BREAK--- 16 WHEREAS, the appointment of Sam Kryger has expired on said board, NOW THEREFORE BE IT RESOLVED, that Sam Kryger 15 Hickory Lane, Cortland, New York 13045 be re-appointed to a one year term on the Finger Lakes Tourism Alliance Board of Directors to expire December 31, 2011. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 14-10 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: Jack Williams, Chairman of the Legislature Mike Park, Chairman, Judiciary & Public Safety Committee Robert Corpora, Information Technology Jack Hess, Information Technology Donald Chambers, Highway Department MJ Uttech, Health Department Lee Price, Sheriff Department Herbert Barnhart, Sheriff Department Frank “Mike” Catalano, City Police Department Lawrence Jackmin, NYS Police David Tanner, 911 Dispatch Nick Wagner, 911 Dispatch Paul VanValkenburg, SUNY Campus Police Paul Sandy, City Police Dave Hicks, Highway Department Wayne Friedman, EMS Board John Tillotson, EMS Board Kevin Whitney, Fire Advisory Board John Pitman, 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, 2011. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 15-10 Appoint Members TC-3 Financial Oversight Committee ---PAGE BREAK--- 17 WHEREAS, there are two vacancies on the TC-3 Financial Oversight Committee with terms that expired on December 31, 2009, AND WHEREAS, Mr. Ross has agreed to continue on said Committee, NOW THEREFORE BE IT RESOLVED, that Jack Williams and Danny Ross be appointed to the TC-3 Financial Oversight Committee for a term ending on December 31, 2011. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 16-10 Appoint Member 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 Jennifer Gofkowski be and hereby is appointed to the Cortland County Fire Advisory Board, to serve without compensation for a term beginning January 1, 2010, and expiring December 31, 2010. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 17-10 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 appointed to the Records Management Advisory Board for a term ending December 31, 2010: . Robert J. Williams, Chairman of the Legislature Sandy Price, Legislator Danny Ross, Legislator Pat O’Mara, 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 ---PAGE BREAK--- 18 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. WILLIAMS RESOLUTION NO. 18-10 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, 2011. Donal Spaulding 33 Charles Street, Cortland, New York 13045 Jennifer Gofkowski, 934 Anderson Drive, Homer, New York 13077 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 19-10 Re-Appoint Member Cortland County Convention and Visitors Board of Directors WHEREAS, Resolution No. 15-08 appointed Newell Willcox to the Cortland County Convention and Visitor’s Bureau, and WHEREAS, his seat on said Board expired Dec. 31, 2008, 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, 2011. Agenda Item No. 10 – Resolution Supporting Efforts Encouraging Local Food Production and Distribution in Cortland County On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 20-10 Resolution Supporting Efforts Encouraging Local Food Production and Distribution in Cortland County ---PAGE BREAK--- 19 WHEREAS, significant and resources in Cortland County are our climate, our soils, our water, our agricultural resources and infrastructure, and especially our farmers and their families and the businesses that support them, AND WHEREAS, SUNY Cortland is seeking funding for a proposal to institute a facility in Historic Downtown Cortland to serve as a one-stop, focal point for providing leadership, coordination, marketing, and expansion of existing and nascent capacity for locally produced foods and related products, AND WHEREAS, a major function of this facility will be to serve as a co-op to provide Cortland County farmers with a venue to sell local foods and related products year-round and to help establish a regional local foods market for institutions, restaurants, and other local businesses, AND WHEREAS, this proposal intends to help create jobs to operate the co-op store, and to meet increased demand in local food production, storage, and processing, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby endorses this endeavor to encourage economic growth by providing an outlet for the growing need for local food production and distribution. Agenda Item No. 11 – Appoint Coroner’s Physician – Amend Budget/Authorize Agreement – Emergency Medical Physicians On motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed, and Agenda Item No. 11 became: ON MOTION OF MR. PARK RESOLUTION NO. 21-10 Appoint Coroner’s Physician Amend Budget/Authorize Agreement - Emergency Medical Physicians County Coroners WHEREAS, the Coroner’s Office makes inquiries into all deaths, whether natural or unnatural, in Cortland County, AND WHEREAS, a Coroner’s Physician is required to sign a death certificate, or it is necessary to have an autopsy done on any death in which a certificate has not been signed, AND WHEREAS, Resolution No. 160-06 appointed Dr. Stuart Gillim as Coroner’s Physician and set an annual salary of $600, 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 RESOVLED that Stuart Gillim is hereby appointed as Coroner’s Physician for a term beginning immediately, and ending Dec. 31, 2010, at an annual salary of $600 per year, AND BE IT FURTHER RESOVLED, 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 Ave, Cortland, NY 13045, for the purpose of signing death certificates in the absence of the duly appointed Coroner’s Physician, AND BE IT FURTHER ---PAGE BREAK--- 20 RESOVLED, that the 2010 budget is hereby amended as follows: Decrease: Expenses: A11855 54500 Medical Fees $ 2,000 Increase: Expenses: A 11855 51005 Professional Services $ 2,000 Agenda Item No. 12 – Appointment of Jail Physician, Pursuant to Correction Law 501 On motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. PARK RESOLUTION NO. 22-10 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 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, 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 $5,448.00 per month in 2010 and in 2011, and $5,611.00 in 2012, 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 $4,037.00 per month in 2010 and 2011 and $4.158.00 in 20012. Agenda Item No. 13 – Authorize Agreement – NYS Division of Probation and Correctional Alternatives ---PAGE BREAK--- 21 On motion of Mr. Park. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PARK RESOLUTION NO. 23-10 Authorize Agreements Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives) WHEREAS, with adoption of 1985 Resolution No. 180, the Cortland County Legislature created an Alternatives to Incarceration Program, AND WHEREAS, the County of Cortland has received reimbursement yearly from the State Division of Probation and Correctional Alternatives, AND WHEREAS, a Service Plan for the New York State funding (January 1, 2010 to December 31, 2010) has been approved by the Cortland County Criminal Justice Advisory Board, AND WHEREAS, that Service Plan calls for an agreement between the County of Cortland and the State Division of Probation and Correctional Alternatives to provide both Pretrial Release and Community Service Programming whereby the County will spend $126,678.00 for local programming, AND WHEREAS, the New York State Division of Probation and Correctional Alternatives will provide reimbursement to the County of Cortland for local Alternatives to Incarceration Programming in an amount not to exceed $17,954.00, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney, is hereby authorized to amend the agreement with New York State Division of Probation and Correctional Alternatives contract #C110600 for the term of January 1, 2010 to December 31, 2010, whereby in consideration of the total sum $17,954.00 for the year 2010 the County of Cortland will provide local Alternatives to Incarceration Programming as set forth in said agreement. Agenda Item No. 14 – Appoint Probation Director II – Cortland County Probation Department On motion of Mr. Park. Seconded by Ms. Gofkowski. Mr. Park explained that the County Administrator had been serving as Interim Probation Director. When the County Administrator position was vacated, the Director position now needs to be filled. The Judiciary and Public Safety Committee called a special meeting to interview Ms. Cutia, and it was the feeling of the Committee, and the Personnel Office that Ms. Cutia was a good candidate for the position. ON MOTION OF MR. PARK RESOLUTION NO. 24-10 Appoint Probation Director II Cortland County Safety Department WHEREAS, Cortland County has a vacant position of Probation Director II, AND WHEREAS, Local Law No. 7 of year 2002 reserves and prescribes the duty to the County Administrator to make recommendations to the County Legislature for the appointment of each department head, AND ---PAGE BREAK--- 22 WHEREAS, the acting County Administrator and the Judiciary & Public Safety Committee has interviewed a qualified candidate and offered a recommendation for this appointment, AND WHEREAS, the County Legislature has received from the County Administrator the recommendation for appointment of Lisa Cutia, 66 Delaware Ave., Cortland, NY 13045, as Probation Director II, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Lisa Cutia, 66 Delaware Ave., Cortland, NY 13045 as Probation Director II at an annual salary of $57,599. (Management grade 4, step 1) pursuant to the terms and conditions of the Management Confidential/Management Employment Policy beginning on January 28, 2010. Agenda Item No. 15 – Award Highway Equipment- Snow Plow/ Dump Trucks On motion of Mr. Fuller. Seconded by Mr. Cornell. Mr. Fuller said that these three vehicles are on the five-year replacement plan, and in order to work on the state’s contract, the vehicles must meet certain emissions standards. Mr. Willcox asked if the state was doing the work, if their trucks meet the emission standards. All members voting in favor; none opposed, and Agenda item No. 15 became: ON MOTION OF MR. FULLER RESOLUTION NO. 25-10 Award Highway Equipment – Snow Plow/Dump Trucks Highway Department WHEREAS, the Highway Committee has approved the purchase of Three 2010 International Snow Plow/Dump Trucks from the NYS OGS Bid, Contract #PC62176, Group #40590, AND WHEREAS, the Highway Superintendent has recommended the purchase of Three 2010 International Snow Plow/Dump Trucks as follows: Snow Plow/Dump Trucks BIDDERS BID International Truck & Engine Corp. $576,000.00 1568 Central Avenue Albany, New York 12205 , AND WHEREAS, the amount is not to exceed $576,000.00, 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 Three 2010 International Snow Plow/Dumps Trucks. Agenda Item No. 16 – Award Highway Equipment/Mechanic Truck ---PAGE BREAK--- 23 On motion of Mr. Fuller. Seconded by Mr. Steger. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 26-10 Award Highway Equipment – Mechanic Truck Highway Department WHEREAS, the Highway Committee has approved the purchase of one 2009 GMC TC 5500 Truck from the NYS OGS Bid, Contract #PC62775, Group #40580, AND WHEREAS, the Highway Superintendent has recommended the purchase of one 2009 GMC TC 5500 Truck as follows: Mechanic Truck BIDDERS BID Burr Truck & Trailer Sales, Inc. $68,000.00 2901 Vestal Road Vestal, New York 13850 , AND WHEREAS, the amount is not to exceed $68,000.00, 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 one 2009 GMC TC 5500 Truck. Agenda Item No. 17 – Amend 2010 Budget – Highway Department/Hilsinger Road Bridge On motion of Mr. Fuller. Seconded by Mr. Steger. All members voting in favor; none opposed, and Agenda Item No. 17 became: ON MOTION OF MR. FULLER RESOLUTION NO. 27-10 Amend 2010 Budget Highway Department (Hilsinger Road Bridge) WHEREAS, it is necessary to re-appropriate the unspent portion of appropriated funds for the Hilsinger Road Bridge Project for the fiscal year 2009 to the 2010 fiscal year, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expenses: D51125.54077.7291 Hilsinger Rd. Bridge Materials $11,000.00 D35900 Appropriate Fund Balance $11,000.00 ---PAGE BREAK--- 24 Agenda Item No. 18 – Authorize Agreement/Environmental Monitoring - Landfill On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed, and Agenda Item No. 18 became: ON MOTION OF MR. FULLER RESOLUTION NO. 28-10 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 $61,000.00 per year, to be paid from Landfill Account A81605-54055 on a quarterly basis commencing on the execution of the agreement and ending December 31, 2010. Agenda Item No. 19 – Award Highway Equipment – Park Mower/Dwyer Park Chairman Williams said that at the request of Mr. Fuller, the Agenda Item was being pulled from the Agenda. Agenda Item No. 20 – Amend Budget/Health Department – Reappropriation of Expenses & Revenues Deferred from Prior Year On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed, and Agenda Item No. 20 became: ON MOTION OF MR. PACE RESOLUTION NO. 29-10 Amend Budget Health Department (Reappropriation of Expenses & Revenues Deferred From Prior Year, 2009 to 2010) WHEREAS, the Health Dept. has funds allocated to them for grant fiscal years that are different from the County fiscal year of 1/1/2010 through 12/31/2010, and grant funds not expended from these grants need to be reappropriated for use in 2010 NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be amended as follows: Increase: Expenses: A40105 54001 4002 Tobacco Prevention Printing $ 5,389 A40105.54005.4002 Tobacco Prevention Supplies 2,324 A40105.54020.4002 Tobacco Prevention Postage 7,542 A40105.54035.4002 Tobacco Education & Training 13,406 A40105.54045.4002 Tobacco Prevention Travel 2,996 A40105.54047.4002 Tobacco Prevention Mileage 1,055 A40105.54055.4002 Tobacco Prevention Prof. Svces. 26,423 ---PAGE BREAK--- 25 A40105.54060.4002 Tobacco Prevention Advertising 26,988 A40105.54078.4002 Tobacco Fuel 94 Revenue: A401043 43450.4002 Tobacco Prevention $ 86,217 Expenses: A40105 54001.4003 Traffic Safety Printing $ 1,252 A40105.54005.4003 Traffic Safety Office Supplies 215 A40105.54012.4003 Traffic Safety Special Supplies 18,512 A40105.54035.4003 Traffic Education & Training 2,295 A40105.54045.4003 Traffic Travel 1,042 A40105.54047.4003 Traffic Safety Mileage 1,242 A40105.54078.4003 Traffic Safety Fuel 245 A40105.54083.4003 Traffic Supporting Svces. 2,135 Revenue: A401043 43450.4003 Traffic Safety $ 26,938 Expenses: A40105 54001.4007 Cancer Screening Printing $ 9 A40105.54005.4007 Cancer Screening Supplies 2,423 A40105.54006.4007 Cancer Screening Medical Supplies 577 A40105.54020.4007 Cancer Screening Postage 235 A40105.54035.4007 Cancer Screening Education 7,492 A40105.54045.4007 Cancer Screening Travel 1,974 A40105.54047.4007 Cancer Screening Mileage 892 A40105.54055.4007 Cancer Screening Prof. Svces. 20,162 A40105.54060.4007 Cancer Screening Advertising 2,581 A40105.54075.4007 Cancer Screening Office Equipment 502 A40105.54078.4007 Cancer Screening Fuel 526 A40105.54500.4007 Cancer Medical Fees 27,349 Revenue: A401043 43450.4007 Cancer Screening $64,722 Expenses: A40105.54005.4008 Komen Grant Office Supplies $ 282 A40105.54020.4008 Komen Grant Postage 8 A40105.54035.4008 Komen Grant Education & Training 718 A40105.54500.4008 Komen Grant Fees & Services 2,472 Appropriation Fund Balance: A0599 Komen Grant $ 3,480 Expenses: A40105.52015.4010 Emergency Preparedness Equipment $11,119 A40105.52060.4010 Emergency Prepared. Computer Equip 6,000 A40105.52250.4010 Emregency Prepared Household Equip. 1,500 A40105.54000.4010 Emerg. Preparedness Telephone 3,000 A40105.54001.4010 Emerg. Preparedness Printing 108 A40105.54004.4010 Emerg. Preparedness Software 2,332 ---PAGE BREAK--- 26 A40105.54005.4010 Emerg. Preparedness Office Supplies 9,065 A40105.54006.4010 Emerg. Preparedness Medical Supplies 5,306 A40105.54012.4010 Emerg. Preparedness Special Supplies 7,060 A40105.54020.4010 Emerg. Preparedness Postage 1,500 A40105.54035.4010 Emerg. Preparedness Educ. & Training 4,382 A40105.54045.4010 Emerg. Preparedness Travel 1,500 A40105.54047.4010 Emerg. Preparedness Mileage 1,747 A40105.54050.4010 Emerg. Preparedness. Maintenance 1,054 A40105.54055.4010 Emerg. Preparedness Prof. Svces 6,107 A40105.54060.4010 Emerg. Preparedness Advertising 5,886 A40105.54078.4010 Emerg. Preparedness Fuel 400 Revenue: A401043 43450.4010 BioTerrorism $68,066 Expense: A40105.54005.4012 Healthy Community Initiative Supplies $ 500 A40105.54035.4012 Healthy Community Educ & Training 8,783 A40105.54045.4012 Healthy Community Travel 2,000 A40105.54047.4012 Healthy Community Mileage 495 A40105.54055.4012 Healthy Community Prof Svces 9,500 A40105.54060.4012 Healthy Community Advertising 1,000 Revenue: A401042.43450.4012 Healthy Communities Initiative $22,278 Expenses: A40125.54000.4021 Drinking Water Telephone $ 27 A40125/54005.4021 Drinking Water Office Supplies 10 A40125.54020.4021 Drinking Water Postage 28 A40125.54078.4021 Drinking Water Fuel 750 A40125.54300.4021 Drinking Water Vehicle Maintenance 600 Revenue: A401243 43450.4021 Drinking Water $ 1,415 Expense: A40125.54005 .4023 Tobacco Enforcement Office Supply $ 110 A40125.54020.4023 Tobacco Enforcement Postage 46 A40125.54035.4023 Tobacco Enforcement Education 304 A40125.54045.4023 Tobacco Travel 400 A40125.54055.4023 Tobacco Enforcement Professional Svces 500 A40125.54060.4023 Tobacco Enforcement Legal Notices 329 A40125.54083.4023 Tobacco Enforcement Support Svces 200 Revenue: A401243.43450.4023 Tobacco Enforcement $ 1,889 Expense A40115.54001.4032 IAP Printing $ 263 A40115.54005 .4032 IAP Office Supplies 29 A40115.54006.4032 IAP Medical Supplies 548 A40115.54020.4032 IAP Postage 420 ---PAGE BREAK--- 27 A40115.54035.4032 IAP Education 781 A40115.54045.4032 IAP Travel 360 A40115.54047.4032 IAP Mileage 39 A40115.54055.4032 IAP Professional Svce 170 A40115.54060.4032 IAP Advertising 159 A40115.54075.4032 IAP Office Equipment 15 A40115.54078.4032 IAP Fuel 14 Revenue: A401143 43450.4032 Immunization Action Plan $ 2,798 Expenses: A40115.54005.4033 Lead Office Supplies 125 A40115.54012.4033 Lead Special Supplies 50 A40115.54035.4033 Lead Education & Training 1,000 A40115.54045.4033 Lead Travel 97 A40115.54047.4033 Lead Mileage 33 A40115.54075.4033 Lead Office Equipment 50 A40115.54078.4033 Lead Fuel 25 A40115.54500.4033 Lead Medical Fees 306 A40125.54500.4033 Lead Environmental Medical Fees 940 Revenue: A401143 43450.4033 Childhood Lead Prevention Program $ 2,626 Agenda Item No. 21 - Appoint Member/Anthony Pace – Cortland County Board of Health On motion of Mr. Pace. Seconded by Ms. Gofkowski. All members voting in favor; none opposed, and Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 30-10 Appoint Member/Anthony Pace Cortland County Board of Health WHEREAS, there is a vacancy on the Cortland County Board of Health to be filled with the current Chairman of the Health Committee, NOW THEREFORE BE IT RESOLVED, that Anthony Pace, 93 E. Court Street, Cortland, NY be and hereby is appointed to the Cortland County Board of Health for a two year term beginning January 28, 2010 and ending December 31, 2011. Agenda Item No. 22 – Authorize Agreements/Accept Funds – NYS Facilitated Enrolment Program On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 31-10 Authorize Agreements/Accept Funds Health Department/Children With Special Needs ---PAGE BREAK--- 28 (NYS Facilitated Enrollment Program) WHEREAS, the Cortland County Health Dept., Children with Special Needs Division, has been awarded $120,000 from the NYS Dept. of Health to continue the Facilitated Enrollment Program, for the period January 1, 2010 through December 31, 2010, which assures families access to high quality health care through enrollment by community based providers, AND WHEREAS, these funds are in the 2010 County Budget in Accounts A40595.51005 $70,211 (Personnel), A40595.58020-58065 $31,932 (Fringe), A40595.54005-54060.4053 $17,857 (Contractual) and Revenue Account A405943.43489 $120,000 (Facilitated Enrollment), AND. WHEREAS, the Cortland County Health Dept. will be contracting with other community agencies to help coordinate the efforts of this grant such as Cortland Regional Medical Center, 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, 2011, if successor agreements are not executed by January 1, 2011, 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. Agenda Item No. 23 – Amend 2010 Budget – Mental Health Department/Mental Hygiene On motion of Mr. Pace. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 32-10 Amend 2010 Budget Mental Health Department WHEREAS, several Mental Hygiene agencies have unexpended funds for 2009, in the amount of $53,631.00, NOW THEREFORE BE IT RESOLVED, that the 2010 County budget be amended as follows: Increase: Expenses: A43105 54870 4213 CATHOLIC CHARITIES (CSS) 763.00 A43105 54870 4214 CATHOLIC CHARITIES (REINV) 809.00 A43105 54870 4215 CATHOLIC CHARITIES (SCM/SH) 470.00 A43105 54870 4224 CATHOLIC CHARITIES (HOUSING) 1,513.00 A43105 54870 4216 JM MURRAY CENTER (CSS) 261.00 A43105 54870 4217 JM MURRAY CENTER (REINV) 173.00 A43105 54870 4225 JM MURRAY CENTER (DIRECT 6,653.00 A43105 54870 4219 FRANZISKA RACKER CENTER 343.00 A43105 54870 4221 MENTAL HEALTH ASSOCIATION 184.00 A43105 54870 4223 MADISON CORTLAND ARC 2,462.00 ---PAGE BREAK--- 29 Revenues: A431043 43486 4200 OFFICE OF ALC.& SUB.ABUSE SERV 31,513.00 A431043 43490 4200 NYS OFFICE OF MEN. HEALTH 17,596.00 A431043 43491 4200 NYS OFFICE OF MEN. RETARDATION 2,462.00 A431044 44490 4200 COMMUNITY SUPPORT PROG. 2,060.00 , AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 24 – Amend Budget/Mental Health Department – On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 33-10 Amend Budget Mental Health Department WHEREAS, the New York State Office of Mental Health (NYS OMH) and the New York State Office of Alcoholism and Substance Abuse Services (NYS OASAS) has approved additional State aid for 2010 in the amount of $127,569.00, NOW THEREFORE BE IT RESOLVED, that the 2010 County budget be amended as follows: Increase: Expenses: A43105 54870 4208 FAMILY COUNSELING SERVICES (OASAS) $ 493.00 A43105 54870 4213 CATHOLIC CHARITIES (OMH) 98,176.00 A43105 54870 4224 CATHOLIC CHARITIES (OASAS) 33,500.00 Revenues: A431043 43486 4200 NYS OFFICE OF ALCOHOL & SUBSTANCE ABUSE SERVICES (OASAS) $29,393.00 A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH (OMH) 98,176.00 , AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 25 – Mental Health Department – Create Part-time Fiscal Officer On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said that this position will assist the department when faced with a pending retirement. All members voting in favor; none opposed. Agenda Item No. 25 became: ---PAGE BREAK--- 30 ON MOTION OF MR. PACE RESOLUTION NO. 34-10 Mental Health Department Create Part-time Fiscal Officer WHEREAS, the needs of the agency will be better served by creating one part-time (up to 17 hours per week) position of Fiscal Officer, AND WHEREAS, the Health and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that one part-time (up to 17 hours per week) position of Fiscal Officer (CSEA grade 15, $17.4656-21.2496/hr., competitive class) be and hereby is created effective on or after January 28, 2010. Agenda Item No. 26 – Abolish Full-time Fiscal Officer/Create Full-time Fiscal Officer or Fiscal Officer Trainee On motion of Mr. Pace. Seconded by Mr. Cornell. Chairman Williams noted that this position will not create an increase in any budget costs. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PACE RESOLUTION NO. 35-10 Mental Health Department Abolish Full-time Fiscal Officer/Create Full-time Fiscal Officer or Fiscal Officer Trainee WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Fiscal Officer and creating one full-time position of Fiscal Officer or Fiscal Officer Trainee, AND WHEREAS, the Health and Budget & Finance Committees recommend the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Fiscal Officer (CSEA grade 15, $17.4656- 21.2496/hr., competitive class) be and hereby is abolished effective January 28, 2010, AND BE IT FURTHER RESOLVED, that one position of Fiscal Officer (CSEA grade 15, $17.4656-21.2496/hr, competitive class) or Fiscal Officer Trainee (CSEA grade 14, $16.8829-20.5406/hr, competitive class) be and hereby is created effective January 28, 2010. Agenda Item No. 27 – Appoint/Re-Appoint Members – Cortland County Youth Board On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MS. PRICE RESOLUTION NO. 36-10 Appoint/Re-Appoint Members Cortland County Youth Board ---PAGE BREAK--- 31 RESOLVED, that the following persons be and hereby are appoint/re-appointed to the Cortland County Youth Board, to serve without compensation for the following terms. NAME/REPRESENTING ADDRESS TERM Nicole Albro Probation Dept. 1/1/10 - 12/31/12 Probation Representative Rebecca Canzano 24 Pearne St 1/1/10 –12/31/12 Citizen Representative Cortland, NY 13045 Meressa Darling 1523 Tower Rd 1/1/10 –12/31/12 Youth Representative Cortland, NY 13045 Susan Francis 30 Glenn St 1/1/10 –12/31/12 Citizen Representative Cortland, NY 13045 Tommy Miller 117 River St 1/1/10 – 12/31/12 Citizen Representative Cortland, NY 13045 Nancy Kroot 4030 Kinney Gulf Rd 1/1/10 – 12/31/12 Citizen Representative Cortland, NY 13045 John Troy 29 Summit St 1/1/10 – 12/31/11 Legislative Representation Cortland, NY 13045 Tony Pace 93 East Court St 1/1/10 – 12/31/11 Legislative Representation Cortland, NY 13045 Agenda Item No. 28 – Authorize Agreements/Youth Bureau – NYS Office of Children & Family Services On motion of Ms. Price. Seconded by Mr. Troy. Ms. Price noted that these are state funds that are allocated through the Youth Bureau. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 37-10 Authorize Agreements Youth Bureau (New York State Office of Children and Family Services) WHEREAS, Funds have been made available to the County of Cortland through New York State Office of Children and Family Services for the period from January 1, 2010 to December 31, 2010, AND WHEREAS, the following programs/agencies have made grant applications in the amounts listed for the purposes listed: PROGRAM/AGENCY AMOUNT REASON ACCOUNT NUMBERS ---PAGE BREAK--- 32 Catholic Charities $6,000.00 For the provision of mentoring services to young men in the rural areas of Cortland County. Appropriation Acct.: A73125.54525.4302 Revenue Acct.: A731243.43820.4302 YWCA/Bridges for Kids (Youth Development/Delinquency Program Funds) $4,399.00 To provide mentoring and support services for children who are products of violent homes and/or living in extreme poverty. Appropriation Acct.: A73125.54525.4303 Revenue Acct.: A731243.43820.4303 YWCA/Bridges for Kids (Special Delinquency Prevention Program Funds) $8,453.00 Appropriation Acct.: A73125.54530.4311 Revenue Acct.: A731243.43820.4311 City Youth Bureau (Youth Development/Delinquency Program Funds) $4,400.00 To Provide tutoring and a high school equivalency course to potential and actual dropouts. Appropriation Acct.: A73125.54525.4304 Revenue Acct.: A731243.43820.4304 City Youth Bureau (Special Delinquency Prevention Program Funds) $8,453.00 Appropriation Acct.: A73125.54530.4310 Revenue Acct.: A731243.43820.4310 County Mental Health Clinic $6,000.00 To provide child respite services for youth. Appropriation Acct.: A73125.54525.4305 Revenue Acct.: A731243.43820.4305 After School Program Homer Congregational Church $3,477.00 To help provide an after school program for youth in grades 6th through 8th. Appropriation Acct.: A73125.54525.4307 Revenue Acct.: A731243.43820.4307 WHEREAS, said agreements are contingent upon the County receiving 100% of the aforesaid amounts from the NYS Office of Children and Family Services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to sign agreements with the above agencies and the State of New York for the amounts listed above to provide the aforesaid services Agenda Item No. 29 – Amend Budget/Youth Bureau – Grant Funds On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. PRICE RESOLUTION NO. 38-10 Amend Budget/Youth Bureau Grant Funds ---PAGE BREAK--- 33 WHEREAS, the Youth Bureau had grant funds allocated to them for years that are different than the County fiscal year of 1/1/2009 through 12/31/2009, and grant funds not expended from these grants need to be reappropriated for use in 2010 NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be amended as follows: Increase: Expenses: A73125.54005.4316 Youth Bureau Member Item Grant $ 20,000 Revenue: A731243.43820.4316 Youth Program State Revenue $ 20,000 (Member Item Grant, Resolution No. 188-09) Increase: Expenses: A731245.54005 Supporting Services $ 1,000 Appropriation Fund Balance A0599 Pall Trinity Union Donation (Pall Trinity Union Donation, Resolution No. 111-09) Agenda Item No. 30 – Authorize Agreement/Youth Bureau (Americorps Member) On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MS. PRICE RESOLUTION NO. 39-10 Authorize Agreement Youth Bureau (AmeriCorps Member) WHEREAS, the SUNY Cortland Research Foundation secured an AmeriCorps grant and has offered Community agencies the opportunity to use the services of AmeriCorps members, AND WHEREAS, the agencies are required to provide 15% of the match for the living stipend which amounts to $981.47 (A73125.54055) for a part-time AmeriCorps member; a part-time AmeriCorps member is required to work a minimum of 900 hours for at least nine months and up to twelve months between the period of December 1, 2009 and November 30, 2010, AND WHEREAS, the Youth Bureau could utilize a part-time AmeriCorps to assist with the planning and implementation of programs addressing childhood obesity and family/community fitness issues, CACTC Youth Conference, and other youth activities, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney is hereby authorized and directed to sign an agreement with the SUNY Cortland Research Foundation. Agenda Item No. 31 – Accept Funds/Amend Budget/Authorize Agreement – Youth Bureau, The Research Foundation of SUNY ---PAGE BREAK--- 34 On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed, and Agenda Item No. 31 became: ON MOTION OF MS. PRICE RESOLUTION NO. 40-10 Accept Funds/Amend Budget/Authorize Agreement Youth Bureau (The Research Foundation of SUNY) WHEREAS, monies had been awarded to Director of Cortland County Youth Bureau as reimbursement for assisting with the coordination of the SUNY Cortland AmeriCorps grant AND WHEREAS, that the Youth Bureau Budget will be amended accordingly with payments from the Research Foundation, The State University of Cortland for the following periods and amounts, NOW THEREFORE BE IT RESOLVED, that the County Budget be and hereby is amended as follows: For the period 1/1/09 – 9/30/10 Increase: Expense: A73125.54083 Supporting Services $2,500 Revenue: A731242.42705 Gifts and Donations $2,500 For the period 10/1/09 – 12/31/10 Increase: Expense: A73125.54083 Supporting Services $4,000 Revenue: A731242.42705 Gifts and Donations $4,000 Agenda Item No. 32 - Authorize Application for and Acceptance of National Telecommunication and Information Administration Broadband Initiative Program Funding to Create Public Open Access Fiber Optic Backbone - Planning Department On motion of Mr. Ross. Seconded by Ms. Price. Mr. Ross said that this is working with Southern Tier East, and will be cover fiber optics through most of the Southern Tier. Individual companies will be able to tap into the backbone. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. ROSS RESOLUTION NO. 41-10 Authorize Application for and Acceptance of National Telecommunication and Information Administration Broadband Initiative Program Funding to Create Public Open Access Fiber Optic Backbone Planning Department WHEREAS, the Southern Tier East Regional Planning Development Board has developed a regional plan for a public open access telecommunications network that will enhance public, community, and business access to broadband optical fiber telecommunications service beyond that presently available to many parts of Cortland County, AND ---PAGE BREAK--- 35 WHEREAS, this telecommunications plan envisions creating open access points of presence at which private vendors could connect to the regional network at an affordable cost to provide the direct service to customers at a competitive price, AND WHEREAS, in concert with the Southern Tier Central Regional Planning and Development Board, and with the involvement of the eleven counties in the regions, the Southern Tier East Regional Planning Development Board has received a grant from the Appalachian Regional Commission to begin implementation of said plan and has engaged ECC Technologies to develop a business model for this purpose, AND WHEREAS, it is intended that as part of this public open access network development, service will be provided to support long term upgrades to individual county emergency services E-911 communication systems, to support future business development, and to support advances in telemedicine throughout the counties of the Southern Tier East Region, AND WHEREAS, under the American Recovery and Reinvestment Act of 2009 (ARRA) there is an opportunity to expedite the implementation of a regional optical fiber open access network under grants from the US Department of Commerce, National Telecommunications and Information Administration or US Department of Agriculture, Rural Utilities Service, AND WHEREAS, the Tier Information and Enterprise Resources, Incorporated, (TIER, Inc) the not- for-profit affiliate of the Southern Tier East Regional Planning Development Board has agreed to serve as the lead agency to apply for and to accept ARRA funding in the approximate amount of twenty million dollars ($20,000,000) to build a public open access fiber optic backbone (the “Project); NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby commits that Cortland County will support development of and participate in the oversight of the Project in such a manner as may be provided through a joint memorandum of understanding between the participating counties, AND BE IT FURTHER RESOLVED, that this resolution shall take effect upon the adoption of similar resolutions by at least four counties in the Southern Tier East or Southern Tier Central Regions of New York and the Board of Directors of Tier Information and Enterprise Resources, Inc. Agenda Item No. 33 – Authorize Agreement – Cortland County/Cornell Cooperative Extension On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MR. ROSS RESOLUTION NO. 42-10 Authorize Agreement Cortland County (Cornell Cooperative Extension) WHEREAS, the 2010 Adopted Budget appropriated funds in the amount of $322,000.00 for the operation of the Cornell Cooperative Extension of Cortland County programs, NOW THEREFORE BE IT ---PAGE BREAK--- 36 RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement with Cornell Cooperative Extension of Cortland County, AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the sum of $322,000.00 in quarterly payments to the above named agency, said sum to be distributed as follows: Cornell Cooperative Extension of Cortland County $248,277.00 Rent (CCE of Cortland County) 73,723.00 Total $322,000.00 AND BE IT FURTHER RESOLVED, that pursuant to Section 224 of the County Law, said agency shall render to the County Legislature a certified account of disbursements with verified or certified figures attached, AND BE IT FURTHER RESOLVED, that any unused amounts of said sums shall be refunded to the County of Cortland. Agenda Item No. 34 – Authorize Payment – Cortland County Soil and Water Conservation District On motion of Mr. Ross. Seconded by Mr. Steger. All members voting in favor; none opposed. Agenda Item N. 34 became: ON MOTION OF MR. ROSS RESOLUTION NO. 43-10 Authorize Payment Cortland County (Cortland County Soil and Water Conservation District) WHEREAS, the 2010 Adopted Budget appropriated the sum of $300,000.00 to be paid to the Cortland County Soil and Water Conservation District for the expense of maintaining said district and assisting the district in carrying out the provisions of the Soil Conservation Districts Law, AND WHEREAS, Section 223 of the County Law authorizes such payments to be made upon adoption of a resolution directing the County Treasurer to make such payments upon certain terms and conditions, NOW THEREFORE BE IT RESOLVED, that pursuant to Section 223, Subdivision 1 of the County Law, the County Treasurer, upon audit approval, be and hereby is directed to pay the sum of $300,000.00 (Account Number A87105 54850) on or after February 18, 2010, 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 2010, 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. ---PAGE BREAK--- 37 Agenda Item No. 35 – Amend Budget/Create Secretary to County Attorney (part time) On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said that this is restoring a position previously cut. He stated there has been a backlog of contracts building up, and that the County should not be paying an Attorney to do this type of secretarial work. Mr. Purser said the three-day turnover on a contract can no longer be obtained with the current staff in his office. Mr. Pace said some agencies are being forced to short-term borrow for funds because of a delay in processing these contract. Mr. Troy said that this position, as well as the position in Treasurer’s Office were two of 56 positions eliminated in the 2010 budget process. He said he has been convinced that the Treasurer’s office position needs to be reinstated, but that this position does not seem essential. Mr. Fuller said that in most instances he believes the choice of the majority should be adhered to, unless those decisions were made under false information. With this in mind, he will be voting to approve this resolution. Mr. Cornell asked if there were funds in the current budget for this position. Chairman Williams said that there is no increase in the budget by re-instating this position. Ms. Price said she supported cutting this in the budget, but has concern for the agencies in Cortland County that rely on a timely turnaround in contracts, so she will be voting to approve this resolution. All members voting in favor, except Legislators Waldbauer, Troy, Bushnell and Mr. Hartnett , who were opposed. Agenda Item No. 35 became: ON MOTION OF MR. PACE RESOLUTION NO. 44-10 Amend Budget/Create Secretary to County Attorney (part-time) County Attorney’s Office WHEREAS, the needs of the agency will be better served by creating one part-time position of Secretary to County Attorney, AND WHEREAS, the Personnel/Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that one part-time position of Secretary to County Attorney (Management Compensation Plan, $15.0280-18.2839/hr., exempt class) be and hereby is created effective January 28, 2010, AND BE IT FURTHER RESOLVED, that the 2010 Cortland County budget be amended as follows: Increase: Expenses: A14205 51010 14,856.42 58020 1,270.46 58030 1,782.93 58040 377.00 58062 72.00 58065 19.65 Decrease: Expenses: A1320551005 18,378.46 Agenda Item No. 36 – Designation of Depositories On motion of Ms. Arnold. Seconded by Mr. Cornell. Ms. Arnold noted that a friendly amendment needs to be made, which was discussed in committee, and that JP Morgan Chase needs to be added, with a maximum amount of $50,000. All members voting in favor; none opposed. Agenda Item No. 36 became: ---PAGE BREAK--- 38 ON THE MOTION OF MS. ARNOLD RESOLUTION NO. 45-10 Designation of Depositories WHEREAS, County Law Section 212 and General Municipal Law Section 10 require that the Cortland County Legislature designate one or more banks or trust companies for the deposit of public funds received by the County Treasurer, AND WHEREAS, such designation must specify the maximum amount which may be kept on deposit at any time in each bank designated by the Cortland County Legislature, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby designates the following banks and trust companies for the deposit of public funds received by the County Treasurer and that the County Treasurer is authorized to utilize these institutions for said purpose not to exceed maximum amounts listed below: NAME MAXIMUM AMOUNT Alliance Bank, NA $25,000,000.00 First Niagara Commercial Bank $25,000,000.00 First National Bank of Groton $10,000,000.00 M & T Bank $10,000,000.00 First National Bank of Dryden $10,000,000.00 Key Bank of New York $10,000,000.00 Tompkins Trust Co. $10,000,000.00 HSBC $10,000,000.00 Citizens Bank $10,000,000.00 JP Morgan Chase $ 50,000.00 Agenda Item No. 37 – Create Delinquent Tax Receiver – Treasurer’s Office On motion of Ms. Arnold. Seconded by Mr. Willcox. Mr. Troy said that he voted against this during the budget process, but has since been convinced that this position is necessary. Ms. Arnold said that this is a revenue-producing position. Ms. Price said that with the absence of a County Administrator, a County Auditor and a Fiscal Officer working on the third floor as support to the Treasurer’s Office, this position is necessary. All members voting in favor, none opposed. Agenda Item No. 37 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 46-10 Create Delinquent Tax Receiver Treasurer’s Office WHEREAS, the needs of the agency will be better served by creating one position of Delinquent Tax Receiver, AND WHEREAS, the Budget & Finance Committee recommends the creation of this position, NOW THEREFORE BE IT RESOLVED, that one position of Delinquent Tax Receiver (CSEA Grade 10, $14.8281- 18.0406/hr., competitive class) be and hereby is created effective January 28, 2010, AND BE IT FURTHER ---PAGE BREAK--- 39 RESOLVED, that the 2010 Cortland County budget be amended as follows: Increase: Expenses: A13255 51005 $30,273.46 Decrease: Expenses: A11755 51005 $30,273.46 Agenda Item No. 38 - Authorize Agreement/Cortland County Convention and Visitors Bureau - For Provision of Public Benefits Services For Promotion and Publicity On motion of Ms. Arnold. Seconded by Spaulding. All members voting in favor; none opposed. Agenda Item No. 38 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 47-10 Authorize Agreement Cortland County Convention and Visitors Bureau For Provision of Public Benefits Services For Promotion and Publicity WHEREAS, the County of Cortland desires to promote and publicize the advantages, benefits and attractions of Cortland County in order to attract visitors, businesses, and industry, AND, WHEREAS, Section 224 of the County Law provides the County may contract with non-profit organizations, other corporations, associations and agencies within the County to provide such publicity services, upon certain terms and conditions, AND, WHEREAS, Cortland County has imposed a Hotel/Motel Occupancy Tax for the purpose of funding Tourism Promotion and has budgeted funds in the 2010 Adopted Budget, Account Number (A64105 54822), 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 Twenty Five Thousand Dollars ($325,000) 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 $162,500 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, 2010 to December 31, 2010. ---PAGE BREAK--- 40 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 2010 with the Cortland County Convention and Visitors Bureau for the sum of $325,000 in accordance with the terms of said contract. Agenda Item No. 39 - Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 39 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 48-10 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 ---PAGE BREAK--- 41 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, 2010. Agenda Item No. 40 – Authorize Agreement – Information Technology (All-Mode Communications, Inc.) On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed and Agenda Item No. 40 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 49-10 Authorize Agreement Information Technology (All-Mode Communications, Inc.) WHEREAS, the Maintenance Agreement with All-Mode Communications, Inc., for the primary PBX located in the County Office Building has expired on August 31st, 2009 AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc., for January 1st, 2010 thru December 31st, 2010 has been received in the amount of $7,062.50 if paid annually(includes a 4% discount) to come out of account 1680 1610 5 4050, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign an agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 41 – Authorize Agreement – Information Technology (MUNIS) On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 50-10 Authorize Agreement Information Technology (MUNIS) WHEREAS, the Contractual Agreement with MUNIS software used in various County Departments will expire on December 31st, 2009, AND WHEREAS, a new Contractual Agreement with MUNIS has been received for the period 1/1/2010 thru 12/31/2010 for $31,475.00 to be paid from account A1680-1680-5-4004-00, NOW THEREFORE BE IT, ---PAGE BREAK--- 42 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. Chairman Williams asked for a motion to suspend the Rules of Order to consider an additional resolution that was not on the agenda. Mr. Troy made a motion to suspend the Rules of Order. Seconded by Mr. Willcox. All members voting in favor; none opposed. The Legislature suspended the Rules of Order. The Clerk distributed a copy of a resolution, Authorizing and Agreement with Gould & Lamb. Chairman Williams said New York State has passed a new law regarding reporting Medicare/Medicaid benefits. Chairman Williams said the estimated cost for this will be not to exceed $10,000 per year. Mr. Ross asked if the County Attorney has reviewed the proposed contract. Chairman Williams answered that yes, Mr. Purser had reviewed it, and has requested one change from the company. Mr. Parker asked if any of the funds for this newly mandated law are being provided by the State or Federal government. Chairman Williams answered no. All legislators voting in favor of the resolution. None opposed. The resolution became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 51-10 Authorize Agreement Cortland County/Gould & Lamb, LLC County Legislature WHEREAS, Cortland County is responsible for Mandatory Insurer Reporting Functions and filing timely report regarding the State Children’s Health Insurance Program (SCHIP) AND WHEREAS, Gould & Lamb, LLC will provide said services on behalf of the County, in accordance with the terms of the attached proposal, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby directed to enter into an agreement with Gould & Lamb, LLC to provide these services in accordance with the terms in the attached proposal, AND BE IT FURTHER RESOLVED, that said contract and services begin Jan. 1, 2010 and shall be for a term to expire Dec. 31, 2010. Announcements The Clerk read an announcement for TC3 President Dr. Carl Haynes, inviting Legislators to an informational meeting on Feb. 11 at 7 p.m. at the City Youth Bureau to review the plans for a TC3 Extension Center on South Main Street. Executive Session Mr. Troy made a motion to go into Executive Session to discuss real estate contracts and proposed litigation. Seconded by Mr. Willcox. All members voting in favor. The Legislature held an executive session. Adjournment Mr. Hartnett made a motion to adjourn the meeting. Seconded by Mr. Willcox. The meeting was adjourned. ---PAGE BREAK--- 43 Cortland County Legislature February 25, 2010 6:00 P.M. Minutes Order of Business Chairman Williams 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, except Mr. Hartnett, who was excused. Approval of Minutes Mr. Troy made a motion to approve the Minutes of Jan. 27, 2010. Seconded by Ms. Price. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Mr. John Carroll of Virgil was granted Privilege of the Floor. Mr. Carroll spoke in favor of Agenda Item No. 11. He stated that the County does not have the funds available to purchase buildings on Elm Street through Eminent Domain, especially for use of a parking lot. Proclamations & Recognitions The Clerk read a Proclamation designating March as Developmental Disabilities Awareness Month. Due to the weather, nobody from Madison-Cortland ARC was available to accept the proclamation. Ms. Price made a motion to receive and file the proclamation. Seconded by Mr. Cornell. All members voting in favor; none opposed. Presentation of Petitions, Communications and Notices. Due to the weather, TC3 President Carl Haynes was not able to attend, but was scheduled to give an overview of the TC3 2009-2010 budget and State of the College address. Receive & File Ms. Price made a motion to Receive & File the 2008 Community Services Board Annual Report, the 2009 Cortland Counts Report and the Certificate of Occupancy for 112 River Street, Cortland NY (DMV/BOE Building). Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. New Business Chairman Williams read a statement regarding Agenda Item No. 4, Appointing Members to the Industrial Development Board of Directors. He read: “As most of you are aware, I contacted those members that have been on the IDA Board of Directors that I did not propose for re-appointment prior to making recommended appointments. I wish to commend their service on the Board and also single out the 14-year commitment and leadership that Paul Slowey has contributed to the IDA. There have been many positive programs and projects accomplished during his tenure as Chairman of the IDA to create jobs and improve the quality of life in Cortland County and that needs to be recognized. I was challenged by many to rejuvenate this board with new people and ideas from other backgrounds and expertise. My appointments have no bearing on any one person who has so ---PAGE BREAK--- 44 generously given of their time and effort. Cortland County truly thanks all who have served, for your dedicated service.” Agenda Item No. 1 – Appoint Members/Criminal Justice Advisory Board On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 52-10 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: Mike Park - Chairman Judiciary & Public Safety Committee Jack Williams – Chairman of the Cortland County Legislature Lisa Cutia – Director of Probation Mike Catalano – City Chief of Police Agenda Item No. 2 – Appoint Member/Cooperative Extension Board of Directors On motion of Mr. Williams. Seconded by Mr. Cornell. Ms. Gofkowski said she would like to serve on this board, but has a conflict with another board meeting she has been appointed to. Mr. Fuller agreed to serve in her seat. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 53-10 Appoint Member Cooperative Extension Board of Directors WHEREAS, Res. 18-10 appointed Jennifer Gofkowski to the Cooperative Extension Board of Directors, AND WHEREAS, Ms. Gofkowski is unable to serve on this board, NOW THEREFORE BE IT RESOLVED, that Mr. David Fuller, 3590 Taylor Valley Road, Cincinnatus, NY 13040, be and hereby are appointed to the Cooperative Extension Board of Directors for a two year term ending December 31, 2011. Agenda Item No. 3 – Designating Cortland County as Recovery Zone On motion of Mr. Williams. Seconded by Mr. Troy. Mr. Garry VanGorder, Director of the BDC/IDA explained that this designation is necessary and is the first step allowing the IDA to apply for funds through the American Recover and Reinvestment Act. This is a loosely defined designation, of which Cortland falls within based on unemployment numbers and average earnings. All members voting in favor; none opposed. Agenda Item No. 3 became: ---PAGE BREAK--- 45 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 54-10 Designating Cortland County as Recovery Zone WHEREAS, the American Recovery and Reinvestment Act of 2009 ("ARRA") includes a variety of temporary financing programs relevant to economic development projects, including new categories of tax exempt, tax credit, and subsidy bonds under “Build America Bonds” and other provisions, AND WHEREAS the “AARA” authorizes the County to issue recovery zone economic development bonds in an amount up to $708,000 pursuant to a sub-allocation of the national volume cap for Recovery Zone Bonds provided by the Federal Treasury Department, AND WHEREAS, recovery zone economic development bonds for government purpose projects are entitled to a direct Federal subsidy of 45% of the interest thereon, AND WHEREAS, the “AARA” also authorizes the county to issue recovery zone facility bonds in an amount up to $1,062,000 pursuant to a sub-allocation of the national volume cap for Recovery Zone Bonds provided by the Federal Treasury Department, AND WHEREAS, Recovery Zone facility bonds support private business and trade activity in recovery zones by excluding interest on the bonds from Gederal Gross Income, AND WHEREAS, the County is required to designate a recovery zone prior to issuing such bonds, AND WHEREAS, any such bonds must be for expenditures for property located within the recovery zone or otherwise promote economic activity therein, AND WHEREAS, the term recovery zone is defined to mean any area designated by the County as having significant poverty, unemployment, rate of home foreclosures, or general distress; any area designated by the County as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990; and any area for which a designation as an empowerment zone or renewal community is in effect as of February 17, 2009, AND WHEREAS, it is now desired to designate the County of Cortland as a recovery zone under “ARRA”; NOW THEREFORE BE IT RESOLVED, by the affirmative vote of the County Legislature of the County of Cortland New York, as follows: Section 1. The County of Cortland is hereby designated as a recovery zone for purposes of “ARRA” as a result of significant unemployment, home foreclosure rates and general distress as the current recession has had and continues to have a significant adverse impact on the County as a whole. Section 2. This resolution takes effect immediately. Agenda Item No. 4 – Appoint Members – Industrial Development Agency Board of Directors. On motion of Mr. Williams. Seconded by Mr. Ross. Mr. Williams pulled the name of Mr. Floyd Moon from the resolution. Mr. Williams asked Mr. VanGorder, and Mr. Michael McMahon to speak in regards to the resolution. Mr. VanGorder and Mr. McMahon thanked those who have served, and spoke in support of the new appointments. Mr. Williams said there has been a question if the Chairman of the ---PAGE BREAK--- 46 Legislature has the authority to appoint the Chairman of the IDA Board. He said this has been evaluated by the County Attorney, and such an appointment is valid, therefore Mr. Williams is appointing Mr. McMahon as Chairman of the IDA. Mr. Williams asked for a motion to suspend the Rules of Order to consider the amended resolution. Ms. Arnold made a motion to suspend the Rules of Order. Seconded by Ms. Gofkowski. All members voting in favor. Mr. Williams called for a vote on the amended resolution. Ms. Gofkowski made a motion to adopt the amended resolution. Seconded by Mr. Ross. All members voting in favor, except Legislators Price and Spaulding. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 55-10 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 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 William Breidinger, 2118 State Route 13, Cortland, New York 13045 Edward Telling, 3938 Highland Road, Cortland, New York 13045 Michael McMahon, Creal Road, Homer, New York 13077 John O. Reagan, 96 Elm Street, Cortland, New York 13045 Agenda Item No. 5 – Resolution In Opposition of the IDA Tax Imposed on All Local Industrial Development Agencies by New York State as a Means to Help Close the State’s Budget Deficit On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 56-10 Resolution In Opposition of the IDA Tax Imposed on All Local Industrial Development Agencies by New York State as a Means to Help Close the State’s Budget Deficit WHEREAS, local Industrial Development Agencies (IDAs) serve as the primary vehicle for the implementation of economic development programs in counties and local communities across New York State, AND WHEREAS, the primary mission of local IDAs is the creation and retention of jobs for New York’s residents, through innovative, locally-driven and developed programs to make counties and local communities better places in which to invest, grow productive business enterprises and create better business atmospheres to generate new economic activity, job creation and tax revenue producers, AND WHEREAS, the 2009-2010 State budget contained a maximum statewide “cost recovery” tax of $5 million to “reimburse to New York State and allocable share of state governmental costs attributable to the provisions of services to industrial development agencies;” AND ---PAGE BREAK--- 47 WHEREAS, the State Department of Taxation and Finance has sent Tax bills to every IDA in the state, for amounts corresponding to 4.7% of the gross revenue received by an IDA in the 2008 calendar year, payable by March 31, 2010, AND WHEREAS, the tax bills received by local IDAs were received long after local IDAs’ budgets were developed and implemented, without the inclusion of this new unanticipated tax in their adopted budgets, AND WHEREAS, the revenue received by IDAs subject to this tax includes payments in lieu of taxes collected for local governments and school districts, State and Federal grants and local taxpayer funded appropriations, AND WHEREAS, imposing a State gross receipts tax on revenues from 2008 that include tax generated resources from the State and Federal government is redundant, punitive and will lead to these resources and those appropriated by counties for local job creation to be used instead to help bail out the State during its time of financial crisis, NOW THEREFORE BE IT RESOLVED, that New York State Association of Counties (NYSAC) strongly opposes the imposition of the new tax on the gross revenues of local Industrial Development Agencies as a means to help eliminate the state budget deficit, AND BE IT FURTHER RESOLVED, that the New York State Association of Counties calls upon the Governor and the State Legislature to repeal this onerous tax on the primary economic development organizations of New York’s counties and other local government; a tax which will take local resources that could better be used to create jobs in our communities in this time of economic crisis, AND BE IT FURTHER RESOLVED, that the New York State Association of Counties shall forward copies of this resolution to Governor David A. Paterson, the New York State Legislature and all others deemed necessary and proper. Agenda Item No. 6 – Appoint Legislative Representatives to the Occupancy Tax Allocation Committee On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 57-10 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, 2011. ---PAGE BREAK--- 48 Agenda Item No. 7 – Appoint Member – CNY RC&D Council On motion of Mr. Williams. Seconded by Ms. Price. Ms. Arnold asked the attorney if he recommended she abstain, as Ms. Tyler works at Ms. Arnold’s farm. Mr. Purser answered No, but, that the notification was noted. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 58-10 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, AND WHEREAS, Ms. Jean Tyler of Virgil has agreed to represent Cortland County on said Council and report to the Ag, Planning, & Environment Committee, NOW THEREFORE BE IT RESOLVED, that Jean Tyler is hereby appointed to the CNY RC&D Council for a term ending on December 31, 2011. Agenda Item No. 8 – Authorize Payment - Barton & Loguidice and JCM Architectural Associates/DMV facility and South Main Street On motion of Mr. Williams. Seconded by Mr. Troy. Mr. Willcox asked what the $34,000 on S. Main Street covered. Ms. Carolyn Kennedy, Deputy Treasurer, stated that this was for additional work on the asbestos removal and demolition of buildings. Mr. Williams said he held a meeting with Barton & Loguidice, at which minutes were taken, to bring the county up-to-date on all work done by this company. He also stated that bills will no longer be paid without referencing a resolution number on the invoice. Mr. Willcox asked if these funds were being taken from the Tobacco Funds. Mr. Williams answered “yes.” He said there is about $146,000 left in that account, but at least $100,000 is already allocated for asbestos removal and demolition, as well as other smaller bills, so, in essence the money is gone. Mr. Purser said there will be no more resolutions authorizing anyone, including the County Administrator, to negotiate and bind the county to a contract or agreement, other than the Legislature. Ms. Kennedy said she will provide legislators with a breakdown of costs taken from the Tobacco Securitization Fund. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 59-10 Authorize Payment – Barton & Loguidice Authorize Payment to Barton and Loguidice and JCM Architectural Associates DMV facility and South Main Street WHEREAS, the Cortland County Legislature on June 26, 2008 by Resolution No. 182-08 authorized the County Administrator to obtain and negotiate proposals from Barton and Loguidice and JCM Architectural Associates to design and prepare a site plan and construction drawings for a 7,500 square foot building to house the Department of Motor Vehicles and Board of Elections, subject to acceptance of said proposal by the County Legislature, AAND ---PAGE BREAK--- 49 WHEREAS, at the July 24, 2008 Legislative session a proposal from Barton and Loguidice for the design and construction of the DMV facility was presented to the Legislature as a “receive and file” document, but no resolution was voted upon for the County Legislature to authorize acceptance of a proposal or contract, AND WHEREAS, the former County Administrator endorsed agreements for services provided on behalf of the County by Barton and Loguidice and JCM Architectural Associates for the DMV facility, and $58,000.00 remains currently unpaid, AND WHEREAS, the Cortland County Legislature on March 26, 2009 by Resolution No. 74-09 authorized the County Administrator to execute an engagement letter with Barton and Loguidice to conduct an Environmental Survey on the County’s South Main Street property in an amount not to exceed $15,000.00, AND WHEREAS, the former County Administrator endorsed agreements for services provided on behalf of the County by Barton and Loguidice in the amount of $49,000.00 ($34,000.00 above authorized amount which remains currently unpaid), AND WHEREAS, the Cortland County Legislature has determined that these costs be paid for out of Tobacco Securitization funds, NOW THEREFORE BE IT RESOLVED, that the County Treasurer be authorized and directed to pay the outstanding bills associated with said projects from Tobacco Securitization funds: Account No. H 16205 54055 2314 $58,000.00 (DMV facility) Account No. H 16195 54055 2330 $34,000.00 (South Main Street) $92,000.00 Agenda Item No. 9 – Resolution Authorizing Safety Officer and Buildings & Grounds to Make Emergency Acquisitions On motion of Mr. Willcox. Seconded by Mr. Fuller. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 60-10 Resolution Authorizing Safety Officer and Buildings & Grounds to Make Emergency Acquisitions WHEREAS, the Cortland County Safety Office and the Cortland County Buildings & Grounds Department are occasionally called upon to act in emergency situations, AND WHEREAS, the Cortland County Procurement Policy requires verbal or written price quotes, and/or sealed bids for certain acquisitions, AND WHEREAS, the Cortland County Buildings & Grounds Committee recognizes that this policy may present obstacles to a safe and timely reaction to emergency situations, NOW THEREFORE BE IT RESOLVED, that the Cortland County Safety Officer and the Department Head of the Buildings & Grounds Department are hereby authorized, with the approval of the Chairman of the Legislature ---PAGE BREAK--- 50 and/or the County Administrator, to acquire materials, equipment or services, up to a cost of $5,000, exclusively in emergency situations. Agenda Item No. 10 – Renew Agreement/Buildings & Grounds (Simplex Grinnell) On motion of Mr. Willcox. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 61-10 Renew Agreement Buildings and Grounds ( Simplex/Grinnell ) WHEREAS, there is a need to renew the annual agreement with Simplex/Grinnell LP, 415 East Main St., Endicott, N.Y., 13760 for servicing the Fire Alarm Systems at the County Office Building, the Court House, the Public Safety Building, Horizon House, the Dwyer Park Pavilion, the Cortland County Airport, the Cortland County Highway Building HB4, and the Cortland County Recycling Center AND, WHEREAS, Simplex/Grinnell and ABJ Fire Protection Co. have solicited proposals, AND WHEREAS, Simplex/Grinnell has the New York State Contract # PT63104, Group# 77201, Award# 20191 for Fire Alarm inspections and has submitted the lower proposal at $8,749.00 per year , AND, WHEREAS, the Buildings and Grounds Committee recommends continuing this service, AND, WHEREAS, Account No. A16205.4015, Maintenance Agreements & Repairs is funded to include this amount, NOW THEREFORE BE IT, RESOLVED, that this Legislature hereby authorizes the Chairman to renew said agreement with Simplex, to expire December 31, 2012, upon approval of the County Attorney. Agenda Item No. 11 - Resolution Rescinding Res. No. 170-07 and 191-08 “Authorize County Attorney To Proceed With Acquisition Of Land And Improvement Under Eminent Domain Proceedings Law” On motion of Mr. Willcox. Seconded by Ms. Gofkowski. Mr. Troy noted that this will need a 2/3 majority of the Legislature to be approved. Ms. Arnold said that as Tobacco Funds have been depleted, she does not feel the County has money to proceed with this action. Ms. Price said that finding property adjacent to the County campus will be more difficult and more expensive in the future. Ms. Gofkowski said that with the current economic state of the County, State and country, she will not support taking this property because it would mean an increased tax burden on county residents. Mr. Cornell asked if the County has already spent a significant amount on this project. Mr. Purser said the Ccounty has paid for two appraisals to be done, which estimates at between $2,500 and $3,000. Mr. Pace said that this property does not have to be used strictly for parking, and that government services in the future are going to necessitate additional space, and that he opposes this resolution. This property would be an investment in the future of County government services. If the property is not used, it can be sold later. Mr. Brian Parker, Buildings & Ground Department Head, stated that he thinks the County should acquire the property, and that space has been an issue in the county for many years. He said the price of this property is right, and it will certainly cost more in the future. Ms. Briggs said she knows of many people who would be interested in purchasing and improving that property and getting it back on the tax rolls, and she ---PAGE BREAK--- 51 is in favor of that, so she will be voting to rescind the previous resolutions. Mr. Waldbauer asked Mr. Purser is there is a chance of any litigation coming against the county, based on actions already taken, if this resolution is approved. Mr. Purser answered that no formal action has been taken, so, no. Mr. Pace said that the Court Street property exchanged with TC3 has been earmarked for Horizon House, and that one of those two properties, can be sold to help offset costs of this acquisition or other projects. Chairman Williams called for a roll call vote (see attached). The resolution was approved with a 2/3 majority weighted vote of 32,687. ON MOTION OF MR. WILLCOX RESOLUTION NO. 62-10 Resolution Rescinding Res. No. 170-07 and 191-08 “Authorize County Attorney To Proceed With Acquisition Of Land And Improvement Under Eminent Domain Proceedings Law” WHEREAS, Resolution No. 170-07 and 191-08 authorized the County to proceed through Eminent Domain Procedure Law, for the acquisition of Tax Map Parcel # 86.59-01-04.000, (13-15 Elm Street), AND WHEREAS, Resolution No. 170-07 was approved May 24, 2007 with a two-thirds majority of the Cortland County Legislature, AND WHEREAS Resolution No. 170-07 established Cortland County as Condemnor under the Eminent Domain Procedure Law, for the acquisition of Tax Map Parcel WHEREAS, the Cortland County Buildings & Grounds Committee now recommends the County rescind Resolutions. 170-07 and 191-08 abandon efforts to acquire the property through Eminent Domain Procedure Law, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby rescinds Resolution No. 170-07 and 191-08, AND BE IT FURTHER RESOLVED that the Cortland County Legislature hereby authorizes and directs the County Attorney to take necessary actions to abandon efforts to acquire Tax Map Parcel # 86.59-01-04.000. Agenda Item No. 12 – Appoint Member/Jury Board On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. PARK RESOLUTION NO. 63-10 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, AND WHEREAS, the Judiciary and Public Safety Committee recommends the appointment of the Chairman of the Legislature, who has previously served on said Board, NOW THEREFORE BE IT RESOLVED, that Jack Williams, Chairman of the Legislature, is hereby appointed to the Cortland ---PAGE BREAK--- 52 County Jury Board for a term commencing immediately and ending December 31, 2011. Agenda Item No. 13 – Authorize Agreement/Amend Budget – Child Passenger Safety Program – Sheriff’s Department On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PARK RESOLUTION NO. 64-10 Authorize Agreement/Amend Budget Child Passenger Safety Program Sheriff's Department WHEREAS, the County of Cortland Sheriff's Department applied for and has received notification of an award from the NYS Governor's Traffic Safety Committee for the proper use and installation of child safety seats in New York State, for the period of October 1, 2009 through September 30, 2010, NOW THEREFORE BE IT RESOLVED, the 2010 County Budget be amended as follows: Increase: Revenue: A3110-3110-43329 Child Passenger Safety Program $2,100.00 Expense: A31105-52015-3105 Sheriff's Technical Equipment $2,100.00 Agenda Item No. 14 – Authorize Agreement/Amend Budget (Governor’s Traffic Safety Committee STEP) On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PARK RESOLUTION NO. 65-10 Authorize Agreement/Amend Budget (Governor’s Traffic Safety Committee – STEP) Sheriff's Department WHEREAS, the Cortland Sheriff's Department applied for and has received notification of an award from the NYS Governor's Traffic Safety Committee for the Selective Traffic Enforcement Program (STEP) for the period of October 1, 2009 through September 30, 2010, NOW THEREFORE BE IT RESOLVED, the 2010 County Budge be amended as follows: Increase: Revenue: A3110 43389 Other Public Safety State Aid $11,500.00 Expense: ---PAGE BREAK--- 53 A31105 51010 Personal Services – Overtime $11,000.00 A31105 54045 Travel Related Expenses 500.00 Agenda Item No. 15 – Authorize Agreement/Sheriff’s Department (NYS Security Services to Cortland County Courts) On motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PARK RESOLUTION NO. 66-10 Authorize Agreement/Sheriff's Department (NYS Security Services to Cortland County Courts) WHEREAS, the 2010 Adopted Budget includes revenue of $28,000.00 in Account A3110.43330 – Court Security Revenue to provide court attendants in the County and Supreme Courts, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval of the County Attorney, be and hereby is authorized to execute a contract renewal between the State of New York and the County of Cortland providing these services to the County and Supreme Courts of Cortland County by Cortland County for the period of April 1, 2009 through March 31, 2010, as well as the base contractual agreement for the period April 1, 2009 through March 31, 2014, AND BE IT FURTHER RESOLVED, that said amounts shall be charged to A1110 County Court and Account A1135 Supreme Court and A3110 Road Patrol. Agenda Item No. 16 – Sheriff’s Department – Create Temporary Secretary to the Sheriff full-time with benefits On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PARK RESOLUTION NO. 67-10 Sheriff’s Department Create Temporary Secretary to the Sheriff full-time with benefits WHEREAS, the needs of the agency will be better served by creating a temporary, full-time position with benefits of Secretary to the Sheriff from March 1 thru April 16, 2010, AND WHEREAS, the Judiciary & Public Safety and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary, full-time position of Secretary to the Sheriff (Management Confidential Compensation Plan, Grade 3, $16.2543-19.7758/hr., exempt class) be and hereby is created effective March 1, 2010 thru April 16, 2010. Agenda Item No. 17 – Authorize Agreement/Fire & Emergency Management FFY 2009 LEMPG ---PAGE BREAK--- 54 On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PARK RESOLUTION NO. 68-10 Authorize Agreement Fire & Emergency Management State of New York – FFY 2009 LEMPG WHEREAS, Cortland County has participated during previous Federal Fiscal Years in the Federal Emergency Management Agency’s (FEMA) Local Emergency Management Planning Grant (LEMPG) Program that provides federal reimbursement to state and local governments for not more than one-half of eligible expenses for emergency management personnel and administration, AND WHEREAS, local governments participate and receive their reimbursements as sub-recipients of New York State through the State Emergency Management Office (SEMO), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval as to form by the County Attorney, is hereby authorized and directed to affix his/her signature to the Local Emergency Management Plan Grant (LEMPG) Certificate of Participation, thus indicating Cortland County’s desire to participate for Federal Fiscal Year 2009 (10/01/2008– 09/30/2009). Agenda Item No. 18 – Amend 2010 Budget/Fire & Emergency Management (Hazard Mitigation Grant Program Project #1650-0002) On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PARK RESOLUTION NO. 69-10 Amend 2010 Budget Fire & Emergency Management (Hazard Mitigation Grant Program Project # 1650-0002 – FYY 2007) WHEREAS, it is necessary to re-appropriate the 2009 unspent portion of the 75% funded Hazard Mitigation Grant Program Project #1650-0002 – FY’07) for fiscal year 2009 in 2010, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expenses: A34105 54055 3120 Professional Services $ 8,500.00 A34105 54005 3120 Supplies $ 1,500.00 A34105 51010 3120 Personnel Svcs PT $23,624.14 Revenue: A341044 44389 3120 FEMA Disaster Asst $33,624.14 Agenda Item No. 19 – Amend 2010 Budget/Fire & Emergency Management (NYS Office of Homeland Security – C838480) ---PAGE BREAK--- 55 On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. PARK RESOLUTION NO. 70-10 Amend 2010 Budget Fire & Emergency Management (NYS Office of Homeland Security - C838480) WHEREAS, it is necessary to re-appropriate the 2009 unspent portion of the three-year 100% funded grant from the NYS Office of Homeland Security Grant Contract# C838480-SHSP2008) for the grant period 09/01/2008 to 08/31/2011, for fiscal year 2009 in 2010, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expense: A34105 54080 Miscellaneous Grant (SHSP2008) $74,995.03 Revenue: A341043 43306 Miscellaneous Grant (SHSP2008) $74,995.03 Agenda Item No. 20 – Authorize Agreement/Probation Department (Medlab, Inc) On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. PARK RESOLUTION NO. 71-10 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, the 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, 2009, 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 two year agreement with Medlab Inc., 600 Cayuga Road, Buffalo, New York 14225, for the term January 1, 2010 through December 31, 2011, for the purpose on conduction drug testing in the Cortland County Probation Department. ---PAGE BREAK--- 56 Agenda Item No. 21 – Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration and NYS Department of Transportation, Authorize Acquisition of Land Rights - Cortland County Airport/Highway Department On motion of Mr. Fuller. Seconded by Mr. Troy. Ms. Briggs said she will abstain from this vote, as she is listing one of the properties for sale which is included in the resolution. All members voting in favor; none opposed; Ms. Briggs abstained. Agenda Item No. 21 became: ON MOTION OF MR. FULLER RESOLUTION NO. 72-10 Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration and NYS Department of Transportation, Authorize Acquisition of Land Rights Cortland County Airport/Highway Department WHEREAS, the County of Cortland owns Cortland County Airport, General Levi R. Chase Field, and as owner, has accepted federal grant monies for Airport Improvement Projects (AIP funding), and by doing so has agreed to all federal grant assurances promulgated by the United States Government, as administered by the Federal Aviation Administration (FAA), AND WHEREAS, the FAA, based on its regulatory authority associated with Cortland County Airport, is requiring the County, by virtue of said federal grant assurances, to mitigate certain identified obstructions to safe avigation within Federal Aviation Regulation (FAR) Part 77 and/or OIS approach surfaces to Runway 6-24 at Cortland County Airport, and is requiring the County to provide for the safety of individuals on the ground in the Runway Protection Zones (RPZ’s) associated with Runway 6-24, AND WHEREAS, the County of Cortland desires to a) Support and maintain the highest possible utilization of the Cortland County Airport Runway 6-24; b) Mitigate said obstructions to safe avigation within said approach surfaces; and c) Provide for the safety of individuals on the ground within the RPZ’s associated with Runway 6-24, AND WHEREAS, the FAA, NYSDOT and the County of Cortland have previously provided partial funding for land acquisition for Runway 6-24 RPZ‘s safety mitigation in 2009, but did not provide funding to acquire all of the necessary land rights for said Runway 6-24 RPZ Safety Mitigation and Runway 6-24 Approach Surface Obstruction Mitigation, AND WHEREAS, the FAA and NYSDOT now intends to offer Federal and State grant funding for acquisition of the remaining land rights necessary to provide for mitigation of said RPZ and Approach Surface obstructions, AND WHEREAS, the funding for said land acquisition will be available at participation levels of 95% Federal ($760,000.00), 2.5% State ($20,000.00) along with 2.5% Local (County) funding ($20,000.00) for a total estimated cost of $800,000.00, NOW THEREFORE BE IT RESOLVED, that the County of Cortland hereby accepts said FAA and NYSDOT grants for the remainder of land acquisition necessary for the Runway 6-24 RPZ Safety Mitigation and Runway 6-24 ---PAGE BREAK--- 57 Approach Surface Obstruction Mitigation at said funding levels, at a total project cost not to exceed $800,000.00, AND BE IT FURTHER RESOLVED, that the County hereby approves the project to acquire the necessary land rights in order to provide for the Runway 6-24 RPZ Safety Mitigation and Runway 6-24 Approach Surface Obstruction Mitigation as follows:  Land Acquisition for Runway 6-24 RPZ Safety Mitigation and Runway 6-24 Approach Surface Obstruction Mitigation ,AND BE IT FURTHER RESOLVED, that the County hereby approves to acquire land rights in fee simple and/or in permanent avigation easements for the following parcels of land, all of which are necessary to provide for said Runway 6-24 RPZ Safety Mitigation and Runway 6-24 Approach Surface Obstruction Mitigation: Project Parcel No. Tax Map No. 1 86.13-01-45.210 2 86.13-01-14.110 3 86.13-01-37.1 4 95.00-12-10 5 86.13-01-08 6 95.00-05-08 7 95.00-02-01 8 95.08-01-11 ,AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to execute the necessary Federal and State Grant Agreements, Consultant Agreements, Land Purchase Contract Agreements, and all related necessary documents at a total cost not to exceed $800,000.00, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the County Budget as follows to account for said project: Increase: Expense: H56105.52253.5616 Airport Obstruction Study $800,000.00 Increase: Revenue: H561044.44597.5616 Federal Revenue $760,000.00 H561043.43597.5616 State Revenue $ 20,000.00 461042.45031.5616 Interfund Transfer Revenue $ 20,000.00 Agenda Item No. 22 – Award 10 Gauge Baling Wire/Highway - Department/Recycling On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 22 became: ---PAGE BREAK--- 58 ON MOTION OF MR. FULLER RESOLUTION NO. 73-10 Award 10 Gauge Baling Wire Highway Department/Recycling WHEREAS, the Highway Superintendent advertised for, received and opened bids for 10 Gauge Baling Wire, AND WHEREAS, the bids for 10 Gauge Baling Wire are as follows: 10 GAUGE BALING WIRE BIDDERS BID Accent Wire Per pound--$0.5068 10131 FM 2920 Tomball, TX 77375 Baling Technologies, Inc. Per pound--$0.5861 3252 Union St. P.O. Box 250 North Chili, NY 14514 Recycling Equipment Corp. Per pound—$0.5900 831 West 5th St. Lansdale, PA 19446 , AND WHEREAS, the lowest responsible bid was from Accent Wire, 10131 FM 2920, Tomball, TX 77375, AND WHEREAS, the amount is not to exceed $12,000.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL81615.54012 for 10 gauge baling wire from Accent Wire, 10131 FM 2920, Tomball, TX 77375 Agenda Item No. 23 – Assign Metal Object Removal Contract – Highway Department/Recycling On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. FULLER RESOLUTION NO. 74-10 Assign Metal Object Removal Contract Highway Department/Recycling WHEREAS, the Matlow Company, Inc., 333 Bridge St., Solvay, NY 13209, was awarded the Metal Object removal contract by Resolution # 181-09, AND WHEREAS, the term of the agreement began August 1, 2009 and ends on July 31, 2010, AND ---PAGE BREAK--- 59 WHEREAS, the Matlow Company, Inc. has been acquired by Ben Weitsman & Son, Inc., 15 Main St., PO Box 420, Owego, NY 13827 AND WHEREAS, the Highway Committee desires to assign the metal object removal contract to Ben Weitsman & Son, Inc., 15 Main St., PO Box 420, Owego, NY 13827, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to sign a contract with Ben Weitsman & Son, Inc., 15 Main St., PO Box 420, 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. Agenda Item No. 24 – Award Highway Equipment – Park Mower On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor, except Legislators Gofkowski and Parker. Agenda Item No. 25 became: ON MOTION OF MR. FULLER RESOLUTION NO. 75-10 Award Highway Equipment – Park Mower Highway Department WHEREAS, the Highway Committee has approved the purchase of one Ferris Zero Turn Mower Model IS3100Z from the NYS OGS Bid, Contract #PC64357, Group #37000, AND WHEREAS, the Highway Superintendent has recommended the purchase of one Ferris Zero Turn Mower Model IS3100Z as follows: Zero Turn Park Mower BIDDERS BID Ferris Industries $9,000.00 5375 N. Main Street Munnsville, New York 13409 , AND WHEREAS, the amount is not to exceed $9,000.00, 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 one Ferris Zero Turn Mower Model IS3100Z. Agenda Item No. 25 – Award Highway Equipment – Pick-up Trucks ---PAGE BREAK--- 60 On motion of Mr. Fuller Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF FULLER RESOLUTION NO. 76-10 Award Highway Equipment – Pickup Trucks Highway Department WHEREAS, the Highway Committee has approved the purchase of two 2010 Chevrolet Silverado 1500 extended cab 4X2 pickups from the NYS OGS Bid, Contract #PC62883, Group #40560, AND WHEREAS, the Highway Superintendent has recommended the purchase of two 2010 Chevrolet Silverado 1500 extended cab 4X2 pickups as follows: ½ Ton Pickup BIDDERS BID Hoselton Chevrolet, Inc. $34,600.00 909 Fairport Road E. Rochester, New York 14445 , AND WHEREAS, the amount is not to exceed $34,600.00, 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 2010 Chevrolet Silverado 1500 extended cab 4X2 pickups. Agenda Item No. 26 – Amend Budget/CPL Services – Mental Health Department On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said these costs are mandated and unavoidable, and that they fluctuate from year to year. All members voting in favor, except Ms. Gofkowski. Agenda Item No. 26 became: ON MOTION OF MR. PACE RESOLUTION NO. 77-10 Amend Budget/CPL Services Mental Health Department WHEREAS, there is a need for Cortland County to reimburse the New York State Office of Mental Health (NYS OMH) for Criminal Procedure Law restorative services for a Cortland County residents, (Criminal Court Order and/or Family Court Order and/or §508 Correction Law Admission Cases)AND WHEREAS, the County fiscal responsibility is in the Mental Health Department budget, AND ---PAGE BREAK--- 61 WHEREAS, the Mental Health Department has insufficient funds to reimburse NYS OMH from January, 2009 until May, 2009, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expenses: A43105 54006 4200 Medical Fees & Services $30,622.52 Decrease: A19905 54775 Contingency Funds $30,622.52 Agenda Item No. 27 – Resolution Extending the Tenure of Acting County Administrator On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 78-10 Resolution Extending the Tenure of Acting County Administrator WHEREAS, Local Law No. 7 of 2002 established the office of County Administrator, AND WHEREAS, Local Law No. 7 of 2002 provides that the Chairman of the Legislature shall be the Acting County Administrator in the event of a vacancy in that office, and sets a term for an Acting County Administrator not to exceed 60 days, unless authorized by the Legislature, AND WHEREAS, the Cortland County Administrator position was vacated January 14, 2010, and Robert J. Williams, Chairman of the Legislature has been Acting County Administrator since that date, AND WHEREAS, the 60-day tenure for Acting County Administrator set forth in Local Law No. 7 of 2002 is set to expire March 15, 2010, AND WHEREAS, it is the wish of the Cortland County Legislature that Robert J. Williams continue as Acting County Administrator, NOW THEREFORE BE IT RESOLVED, that the tenure of Robert J. Williams as Acting County Administrator is hereby extended for an additional 60 days, or until an Interim, or full-time County Administrator is hired, whichever is sooner. Agenda Item No. 28 – Amend Budget/Area Agency on Aging – Health Insurance Information, Counseling and Assistance Program On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 79-10 Amend Budget Area Agency on Aging Health Insurance Information, Counseling and Assistance Program ---PAGE BREAK--- 62 WHEREAS, the New York State Office for the Aging has allocated additional funds in the amount of $800.00 for the Health Insurance Information, Counseling and Assistance Program (HIICAP) for the period April 1, 2009 through March 31, 2010, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-54075 4338 Office Equipment Under $500 +$200.00 A67725-54060 4338 Advertising +$600.00 Revenues: A677243-43772 4338 State Aid – HIICAP +$800.00 Agenda Item No. 29 – Amend Budget/Increase Truxton Senior Center to Four Days per Week/Area Agency on Aging Ms. Price pulled this resolution from consideration, stating that it will be considered at the next Human Services Committee meeting. Agenda Item No. 30 – Resource Allocation Plan – NYS Office of Children and Family Services – Youth Bureau On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MS. PRICE RESOLUTION NO. 80-10 Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau WHEREAS, the NYS Office of Children and Family Services, through the Resource Allocation Plan, has made available the sum of $114,360.00 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 2010 and for which a copy is in the County Youth Bureau office, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review by the County Attorney, be and hereby is authorized to execute the Resource Allocation Planning Agreement with the NY State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that in the event the county does not receive the appropriate funds from the NY State Office of Children and Family Services, the County shall not be liable to pay any of its own funds to meet any deficiency under the terms of the contract. ---PAGE BREAK--- 63 Agenda Item No. 31 – Authorize Agreement Cortland County/Cortland County Historical Society On motion of Ms. Arnold. Seconded by Mr. Ross. Ms. Briggs asked why this budget line was reduced by a smaller percentage than other agencies. Ms. Arnold said that the Historical Society does much more than maintain the Suggett House. They have a research library, assist the public doing research and genealogy and much more. All members voting in favor; except legislators Briggs and Gofkowski. ON MOTION OF MS. ARNOLD RESOLUTION NO. 81-10 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 2010 Budget in account A75205.54820, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to execute an agreement with the Cortland County Historical Society to be paid from account A75205.54820 Miscellaneous Contract for the purposes of collecting and preserving historical records of Cortland County. Agenda Item No. 32 – Authorize Agreement/Fingerlakes Library Association On motion of Ms. Arnold. Seconded by Mr. Bushnell. Mr. Waldbauer said this agency is in the process of moving to Cortland County. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 82-10 Authorize Agreement Finger Lakes Library Association RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized and directed on behalf of the County of Cortland, to enter into an agreement with Finger Lakes Library Association for the year 2010, whereas, in consideration of the sum of $5,000.00 (Account Number A74105 54830) paid by the County of Cortland, said Finger Lakes Library Association shall provide free library services to the residents of Cortland County, AND BE IT FURTHER RESOLVED, that pursuant to Section 224 of the County Law, the Finger Lakes Library Association shall render to the County Legislature a verified account of disbursements and verified or certified figures attached, AND BE IT FURTHER RESOLVED, that any unused amount of said sum shall be refunded to the County of Cortland. Agenda Item No. 33 – Authorize Agreement/Cortland County SPCA Ms. Arnold pulled Agenda Item No. 33 from consideration. ---PAGE BREAK--- 64 Agenda Item No. 34 – Authorize Agreement/1890 House On motion of Ms. Arnold. Seconded by Mr. Ross. All members voting in favor; none opposed. All members voting in favor; none opposed; Ms. Briggs abstained, as she serves on the 1890 House Board. Agenda Item No. 34 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 83-10 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 $5,833.33 in the 2010 Budget in account A75205.54820, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to execute an agreement for the amount of $5,833.33 with the 1890 House Museum to be paid from account A75205.54820 Miscellaneous Contract. Agenda Item No. 35 – Authorize Agreement/Lime Hollow Nature Center On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MR. ARNOLD RESOLUTION NO. 84-10 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 2010 whereby in consideration of the sum of $5,833.33 paid by the County, said nature center shall provide access to and promote, publicize and market, the public trails, programs, and exhibits within Cortland County, AND BE IT FURTHER RESOLVED, that pursuant to § 224 of the County Law, the said nature center shall render to the County Legislature a verified account of disbursements and verified or certified figures therefore attached, AND BE IT FURTHER RESOLVED, that any unused amount of said sum shall be refunded to the County of Cortland. Agenda Item No. 36 – Authorize Payment/Tompkins Cortland Community College On motion of Ms. Arnold. Seconded by Mr. Troy. Mr. Cornell asked if there are funds available to make these payments on the dates. Chairman Williams answered yes. All members voting in favor; none opposed. Agenda Item No. 36 became: ---PAGE BREAK--- 65 ON MOTION OF MS. ARNOLD RESOLUTION NO. 85-10 Authorize Payment Tompkins Cortland Community College (Operating Budget 2009-2010) WHEREAS, the Cortland County Legislature by Resolution No. 99-08 approved the 2009-2010 Operating Budget for Tompkins Cortland Community College and appropriated the necessary funds in the 2010 Adopted Budget in Account No. A24955.54780 to pay the college, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer, be and hereby is authorized and directed pursuant to the provisions of the Education Law of the State of New York, and within the authorization provided by this Legislature, to pay the duly bonded Treasurer of Tompkins Cortland Community College, the Cortland County proportionate share of the Operating Budget of said college for the fiscal year 2009-2010 on the following dates in the following manner: February 1, 2010 $404,217.00 April 1, 2010 $404,217.00 June 1, 2010 $404,217.00 August 1, 2010 $404,217.00 Total $ 1,616,868.00 AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature be and hereby is directed to send certified copies of this resolution to the President of Tompkins Cortland Community College, the Tompkins County Legislature, and the Cortland County Treasurer. Agenda Item No. 37 – Authorize Agreement/Treasurer’s Office – Countywide Cost Allocation Report/Jack Venesky On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 86-10 Authorize Agreement/Treasurer’s Office County Wide Cost Allocation Plan (Jack Venesky, CPA) WHEREAS, there is available reimbursement for indirect costs for programs administered locally under grants from the Federal Government, AND WHEREAS, in order to obtain said reimbursement, it is necessary to develop a County Wide Cost Allocation Plan and a Department of Social Services (DSS) Indirect Cost Proposal for the years ending 2009, 2010 and 2011, AND WHEREAS, funds are available in the 2010 County Budget (Account A60105 54055 and A19255 54055), NOW THEREFORE BE IT ---PAGE BREAK--- 66 RESOLVED, that the Chairman of the Legislature, upon review by the county Attorney, be and hereby is authorized to execute an agreement with Jack Venesky, CPA, 6114 Route 31, Cicero, NY 13039 in the amount of $12,500 each year for the years ending 2009, 2010 and 2010 to develop said documentation, AND BE IT FURTHER RESOLVED, that Patrick O’Mara, County Treasurer, be and hereby is appointed liaison for said program. Mr. Don Chambers, Highway Superintendent, asked the Legislature to include one additional resolution, which he brought copies of and distributed. Mr. Troy made a motion to suspend the Rules of Order to consider the resolution presented by Mr. Chambers. Seconded by Ms. Price. All members voting in favor; none opposed. The resolution was “Authorizing Amnesty/Tipping Fees - South Main Street Properties.” Chairman Williams made the motion to approve the resolution. Seconded by Ms. Price. All members voting in favor; none opposed. The motion became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 87-10 Authorize Amnesty/ Tipping Fees South Main St. Properties Highway Department/Solid Waste WHEREAS, the Chairman of the Legislature has recommended the Cortland County Landfill tipping fee shall be suspended for the debris removal associated with the demolition of the South Main St. property, also known as the “Moose Lodge”, AND WHEREAS, the Highway Department is to be authorized to establish the guidelines for such disposal, NOW THEREFORE BE IT RESOLVED, that the debris from the demolition of the South Main St. property will be accepted at the Cortland County Landfill site without charge , AND BE IT FURTHER RESOLVED, that the Highway Department shall furnish the Legislature with an accounting of all debris delivered to the landfill from the demolition of the South Main St. Properties. Announcements Chairman Williams announced that Mr. Boylan, Clerk of the Legislature is a proud father to a new daughter, Kaitlyn Marie Boylan. Mr. Pace announced that there have been applications received for the Interim County Administrator and County Administrator. He said he is planning on using a two-committee system to evaluated candidates. One of legislators, department heads and a union representative. The second committee will consist of the committee chairs, majority and minority leader, the Chairman of the Legislature, two department heads, and the Personnel Director. He said he would like to do a site visit to candidates being considered and speak with co-workers and employees. He thanked Personnel Director Annette Barber for her assistance with the search. ---PAGE BREAK--- 67 Ms. Arnold thanked Chairman Williams for the work he has done as Acting County Administrator. Ms. Price asked that agendas continue to be mailed directly to legislators, and not rely only on e-mail. The Chairman requested the Clerk conduct a survey of Legislators to determine the best way to approach this, as it costs nearly $6,000 per year to mail out minutes and agendas. Adjournment Mr. Cornell made a motion to adjourn the meeting. Seconded by Ms. Gofkowski. The meeting was adjourned. ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 0 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 48599 32687 Date:2/25/10 Agenda Item No. 11 - Elm Street Eminent Domain Majority 24300 2/3rd 32400 Cortland County Legislature March 22, 2010 1:15 P.M. Minutes ---PAGE BREAK--- 68 Order of Business Chairman Williams opened the meeting at approximately 1:15 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. Legislators Arnold, Briggs, Bushnell, Fuller, Hartnett, Pace, Parker, Price, Ross, Steger, Troy, Waldbauer, Willcox and Williams were present. Executive Session Mr. Pace made a motion to go into Executive Session to interview candidates for County Administrator. Seconded by Mr. Fuller. All members voting in favor; none opposed. The Legislature held an Executive Session. Adjournment Following the Executive Session, Mr. Fuller made a motion to adjourn the meeting. Seconded by Ms. Arnold. The meeting was adjourned. Cortland County Legislature March 25, 2010 6:00 P.M. Minutes Order of Business Chairman Williams opened the meeting at approximately 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present. Approval of Minutes Mr. Troy made a motion to approve the Minutes of Feb. 25, 2010. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Proclamations & Recognitions Chairman Williams asked if there were any objections to changing the agenda to all the Proclamations and Recognitions next. There were none. The Clerk read a recognition of the Marathon Girls Field Hockey Team. Mr. Cornell presented the recognition and certificates to Coach Karen Funk. The Clerk read a recognition of the McGraw Girls Soccer Team. Mr. Ross presented the recognition to Coach Dave Law. The Clerk read a proclamation, designating the week of April 18 as Retired Senior Volunteer Week in Cortland County. Mr. Dave Fuller presented the Proclamation to RSVP Director Cindy Stockholm, and volunteers Nita and Pret Goslee. Mr. Goslee was celebrating his 90th birthday. Privilege of the Floor ---PAGE BREAK--- 69 President Carl Haynes spoke to Legislators and gave a brief State of the College Address. He stressed that in addition to providing excellent educational opportunities, the college is also a major force in economic vitality and quality of life for both students and residents in Cortland County. He distributed documents for legislators to review. Presentation of Petitions, Communications and Notices. Mr. Robert Duell, Director of Fire & Emergency Management and Mr. Dave Muniz of Federal Engineering, gave a presentation on the status of the Cortland County Interoperable Communications Project. The County has hired Federal Engineering as a consultant to assist in the implementation of this Federal mandate. Bid documents for the project will go out soon, and the County will have to decide on the strategy they wish to take in implementing the program. Mr. Muniz and Mr. Duell said the projected price on the project is between $20 and $25 million, depending on the options, but that is a conservative budgeted price, not a negotiated price, and that with grants and negotiations the price is likely to be reduced. They stressed that the FCC has strongly indicated that the Jan. 1 2013 deadline for this will not be relaxed. Receive & File Ms. Price made a motion to Receive & File the 2009 Sheriff’s Department Annual Report. Seconded by Mr. Willcox. All members voting in favor; none opposed. The motion was approved. New Business Chairman Williams said that in an effort to speed up the agenda, he would like to group all the appointments as a consent agenda, but that Agenda Item No. 12 needed to be amended. Mr. Pace made a motion to amend Agenda Item No. 12, replacing the name Dr. Christopher Moheimani with Dr. Polly Cator MD of Freeville, NY. Motion seconded by Ms. Gofkowski. All members in favor of the amendment. None opposed. The motion was amended. Mr. Cornell made a motion to approve Agenda Items 1-12 as a consent agenda. Seconded by Mr. Willcox. All members voting in favor; none opposed. The motion was approved. Ms. Arnold made a motion to approve the consent agenda. Seconded by Mr. Willcox. All members voting in favor; none opposed. The consent agenda was approved and Agenda Item Numbers 1-12 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 88-10 Re-Appoint Members Agricultural and Farmland Protection Board WHEREAS, the terms of Gerald Craig, Peter Knapp and Danny Ross have expired on the Agricultural and Farmland Protection Board, NOW THEREFORE BE IT RESOLVED, that Gerald Craig and Peter Knapp be reappointed to the Agricultural and Farmland Protection Board for another four year term ending 12/31/13, AND BE IT FURTHER RESOLVED, that Danny Ross, be re-appointed for a two year term ending 12/31/11. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 89-10 Appoint Members Central New York Regional Planning and Development Board ---PAGE BREAK--- 70 WHEREAS, Legislative Chairman, Jack Williams and Chairman of Agriculture Committee Danny Ross become ex-officio members of the CNY Regional Planning and Development Board with terms to expire 12/31/11, 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 12/31/10 Dan Dineen Planning Representative Term expires 12/31/10 Jim Murphy At Large Member Term expires 12/31/10 Donal Spaulding Legislature Representative Term expires 12/31/10 AND BE IT FURTHER, RESOLVED, that Don Chambers replace Garry VanGorder on said board until 12/31/10. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 90-10 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 12/31/11 or until replaced by Resolution of the Cortland County Legislature 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 ---PAGE BREAK--- 71 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. WILLIAMS RESOLUTION NO. 91-10 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, there is one vacancy remaining on said Board, NOW THEREFORE BE IT RESOLVED, that the following individual be appointed to the Industrial Development Agency Board of Directors effective immediately for a two year term or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years: Johanna Ames 972 Beechwood Lane Cortland, New York 13045 , AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature be and hereby is directed to send a certified copy of this resolution to the Secretary of State pursuant to Section 856.2 of General Municipal Law and an additional certified copy to the County Clerk. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 92-10 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, 2011. ---PAGE BREAK--- 72 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 93-10 Appoint Members Region 7 Fish and Wildlife Management Board WHEREAS, the terms of the representatives of the Sportsmen’s Club of the Region 7 Fish and Wildlife Management Board have expired, AND WHEREAS, the County is 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, 2011, AND BE IT FURTHER RESOLVED, Donald Jones, 6 Academy Street, McGraw, NY, 13101 be and hereby is re- appointed to the Region 7 Fish & Wildlife Management Board as the Alternate Sportsman Representative for a term ending December 31, 2011, AND BE IT FURTHER RESOLVED, that Brian Parker be appointed as the Legislative Representative on said Board for a term ending December 31,2011, AND BE IT FURTHER RESOLVED, that Alvin Doty, 218 Doty Road, Marathon, New York 13803 be appointed as the Landowner Representative on said Board for a term ending December 31, 2010 that becomes a two year appointment thereafter, 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. WILLIAMS RESOLUTION NO. 94-10 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, 2011 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 95-10 Appoint Members Soil and Water Conservation Board ---PAGE BREAK--- 73 WHEREAS, Resolution 42-09 appointed Eugene Wright, Grange Representative for a term to expire December 31, 2010, AND WHEREAS, the term of Traci Evanick, Farm Bureau Representative expires on December 31, 2009, AND WHEREAS, the terms of Legislative Members have expired on December 31, 2009, NOW THEREFORE BE IT RESOLVED, that Eugene Wright's term will expire on December 31, 2011 as provided by NYS Soil and Water Conservation District Law, AND BE IT FURTHER RESOLVED, that Traci Evanick, Farm Bureau Representative be re-appointed for a three year term to expire on December 31, 2012, AND BE IT FURTHER RESOLVED, that Legislators John Steger and Ray Parker be appointed for their tenure in office to expire on December 31, 2011 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 96-10 Appoint Members Southern Tier East Regional Planning Development Board (STERPDB) WHEREAS, the terms of membership of the Cortland County representatives to the Southern Tier East Regional Planning Development Board (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, 2011: Dan Dineen, Director of Planning, Danny Ross, Cortland County Legislator Susan Feiszli, Mayor, City of Cortland ON MOTION OF MR. WILLIAMS RESOLUTION NO. 97-10 Appoint Cortland County Liaison TC-3 Board of Trustees WHEREAS, John Troy was appointed as Liaison to the TC3 Board of Trustees by Resolution 87- 08, AND WHEREAS, Mr. Troy wishes to continue in that role, NOW THEREFORE BE IT RESOLVED, that John Troy be and hereby appointed as Cortland County’s Liaison to the TC3 Board of Trustees for a term to expire December 31, 2011. ---PAGE BREAK--- 74 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 98-10 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, 2011: Donna Catlin Cincinnatus Emergency Squad Clayton Bronson Dryden Ambulance S. Lee Price Cortland Fire Department Doug VanEtten Cortlandville Fire Department Jackie VanDee Cuyler Fire Department Jason Benza Cortland State Emergency Squad Shirley Smith Harford Fire Department Michael Keegan Homer Fire Department John Tillotson Marathon Fire Department Mike Clark MAVAC Edward Greenman McGraw Fire Department Leon Whalen Preble Fire Department Kaltenbach Truxton Fire Department Jeremy Stiles 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 Robert Duell Cortland County Fire/EMS Coordinator ON MOTION OF MR. WILLIAMS RESOLUTION NO. 99-10 Appoint Members Community Services Board Mental Health WHEREAS, the By-Laws of the Cortland County Community Services Board, Article 3, Section 1 states that the membership of the organization shall consist of fifteen (15) members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Board shall be four years except for vacancies for unexpired terms, AND ---PAGE BREAK--- 75 WHEREAS, the terms of appointment have expired for the following members of the Community Services Board: Mary Ewing, Mary Gilbert, Sally Kamerling, Sharon Stevens, and Marc Settinara, MD, AND WHEREAS, there one vacancy due to resignation of Mary Clair Pennello whose terms is to expire 12/31/11, AND WHEREAS, the terms of the Legislative Representatives on said Board have also expired, NOW THEREFORE BE IT RESOLVED, that the following appointments be made: NAME/ADDRESS TERM Kathie Wilcox 1/1/10 – 12/31/13 62 Church Street Cortland, New York Donald Noble 1/1/10 – 12/31/13 4313 Cosmo Hill Road Cortland, New York Barbara Ryan 1/1/10 – 12/31/13 92 Elm Street Cortland, New York Kim Reakes 1/1/10 – 12/31/13 3767 Prospect Street Truxton, New York Lisa Cutia 1/1/10 – 12/31/13 Director of Probation Polly Cator MD 1/1/10 – 12/31/11 Cortland Community Re-Entry 149 South Main Street Cortland, NY, 13045 Anthony Pace 1/1/10 – 12/31/11 95 East Court Street Cortland, New York Jennifer Gofkowski, 1/1/10 – 12/31/11 942 Alfred Lane Homer, New York Agenda Item No. 13 – A Resolution Requesting the New York State Legislature Enact Legislation Permitting Cortland County to Increase the Existing Surcharge on Telephone Access Lines On motion of Mr. Williams. Seconded by Mr. Troy. Chairman Williams said that Barbara Lifton has already introduced this legislation, but as the original Home Rule Request was done in ---PAGE BREAK--- 76 2009, this needs to be approved in this Calendar Year of 2010. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 100-10 A Resolution Requesting the New York State Legislature Enact Legislation Permitting Cortland County to Increase the Existing Surcharge on Telephone Access Lines WHEREAS, Local Law No. 5 of 1990 imposes a surcharge on “Telephone Access Lines to Raise Revenues for the System Costs Associated with the Creation and Operation of an Enhanced 911 Emergency Telephone System in Cortland County,” AND WHEREAS, said surcharge was established at $.35 per month on each telephone exchange access line in the County, AND WHEREAS, the Cortland County Legislature approved Resolution No. 330-09, indicating the desire to increase this surcharge from $.35 to $1.00, AND WHEREAS, the New York State Legislature has introduced legislation authorizing Tompkins County to increase said relative surcharge, AND WHEREAS, it is necessary for Cortland County to adopt this resolution in the 2010 calendar year in order for the bill to be heard on the floor of the state legislature, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby requests the New York State Legislature to introduce legislation authorizing Cortland County to increase its access line surcharge from $.35 to $1.00, and that the Clerk of the Legislature shall send copies of this resolution to Governor Paterson, Senator James Seward, Barbara Lifton, and Gary Finch and Brian Kolb. Agenda Item No. 14 – Authorize Agreement (Buildings & Grounds) Feher Rubbish Removal Inc. On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 101-10 Authorize Agreement (Buildings And Grounds) Feher Rubbish Removal Inc. WHEREAS, the Buildings and Grounds Committee is desirous of maintaining trash collection services for Cortland County, AND, WHEREAS, Feher Rubbish Removal Inc. P.O. Box 11009, Syracuse, N.Y. 13218, has submitted the lowest responsible bid, NOW THEREFORE BE IT, RESOLVED, that this Legislature hereby authorizes the Chairman of this Legislature to authorize Feher Rubbish Removal Inc. to supply trash service for Cortland County in correspondence with the Bid ---PAGE BREAK--- 77 Specification on file with the Clerk of the Cortland County Legislature, upon approval of the County Attorney, AND BE IT FURTHER, RESOLVED, that the following amounts be charged to A16205.54970, Garbage Collection, Cortland County Office Building - $ 563.70/ mo. 37 Church St. $ 70.00/ mo. 49 Grant St. $ 70.00/ mo. Court House/PSB/Jail $ 376.70/ mo. Highway $ 97.50/ mo. Dwyer Memorial Park (5 months) $ 150.00/ mo TOTAL $ 1,327.90/ mo. Annual Total $14,884.80 Agenda Item No. 15 – Authorize Agreement – Autopsy Services/Lourdes Hospital On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PARK RESOLUTION NO. 102-10 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 $121.55 Skull AP $ 84.15 Chest AP/Lat $ 67.85 Cervical Spine $ 81.45 Pelvis $ 70.80 ---PAGE BREAK--- 78 Abdomen Supine $ 88.00 AND BE IT FURTHER RESOLVED, that the term of this agreement shall be for the period January 1, 2010 to December 31, 2011 from Account No. A11855.54500. Agenda Item No. 16 – Amend Budget – D.A.R.E. Program/Sheriff On motion of Mr. Park. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PARK RESOLUTION NO. 103-10 Amend Budget D.A.R.E. Program Sheriff's Department WHEREAS, in December of 1992, the Cortland Sheriff's Department started a D.A.R.E. Program to educate the youth of Cortland County regarding the benefits of resisting drugs and violence, AND WHEREAS, all funding was raised by donations and fund-raising events, AND WHEREAS, accounting for such program was done internally, but will now be done through the County MUNIS System, NOW THEREFORE BE IT RESOLVED, the 2010 County Budget be amended as follows: Increase: Revenue: A311042 42705 3115 DARE Donations $7,032.97 Expense: A31105 54800 3115 DARE Program Expense $7,032.97 Agenda Item No. 17 – Adopt Rules that Enables/Authorizes Extension of Pricing Through Cortland County On motion of Mr. Park. Seconded by Mr. Cornell. Mr. Purser explained that while other municipalities are still not allowed to “piggyback” on most County programs, this resolution will allow them to do so on projects that do not have a labor component. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PARK RESOLUTION NO. 104-10 Adopt Rules that Enables/Authorizes Extension of Pricing Through Cortland County WHEREAS, County Law § 408-A, Subdivision 2 authorizes Cortland County to include a provision whereby purchases are made or services are obtained by an award to the lowest responsible bidder after advertisement may be obtained under such contract by any political subdivision or fire company, other than services subject to Article Eight or Nine of the Labor Law, and ---PAGE BREAK--- 79 WHEREAS, County Law § 408-A, Subdivision 2 provides that the County must establish rules prescribing conditions under which, and the manner in which, purchases may be made or services may be obtained by any such political subdivision, fire company or district, NOW THEREFORE BE IT RESOLVED, that Cortland County is hereby authorized to establish rules prescribing conditions under which purchases may be made and services may be obtained by any political subdivision, fire company or district as provided in Exhibit attached hereto. EXHIBIT CORTLAND COUNTY RULES & REGULATIONS REGARDING PURCHASES AND OBTAINING SERVICES UNDER LOWEST BID CONTRACT Pursuant to New York State County Law 408-A, Subdivision 2, Cortland County hereby establishes Rules and Regulations for purchases to be made or such services be obtained under contract by any political subdivision. Wherever practical, all political subdivisions and districts located in the State of New York be entitled to make purchases of similar services resulting from bids awarded in Cortland County subject to Section 103 of the General Municipal Law. No officer, board or agency of a county, town, village or school district shall make any purchase through Cortland County Agreements when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at an equal or lower price through the Cortland County Agreement. All purchases shall be subject to audit and inspection by the other political subdivisions for which the purchase was made. All orders will be placed directly by the participating entities. Each participating entity shall be billed by and make payment directly to the CONTRACTOR. Upon request, participating entities must furnish the CONTRACTOR with the proper tax exemption certificates or documentation of tax-exempt status. Purchase orders should have this information and be retained for documenting the tax-exempt sale. The sole responsibility in regard to performance of the bid or any obligation, covenant, condition or term thereunder by the CONTRACTOR and the participating entities will be borne and is expressly assumed by the CONTRACTOR and the participating entities and not by Cortland County. In the event of a failure or breach in performance of any such bid by a participating entity or the CONTRACTOR, Cortland County specifically and expressly disclaims any and all liability for such defective performance or breach or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of any agreement made with Cortland County. Agenda Item No. 18 – Award Inspection and Maintenance Contract for Automated Weather Observing System – Chase Field On motion of Mr. Fuller. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 18 became: ---PAGE BREAK--- 80 ON MOTION OF MR. FULLER RESOLUTION NO. 105-10 Award Inspection and Maintenance Contract (1 year term) for Automated Weather Observing System (AWOS) Cortland County Airport – Chase Field Highway Department WHEREAS, Cortland County operates an FAA licensed Automated Weather Observing and Reporting System (AWOS) at the Cortland County Airport – Chase Field, AND WHEREAS, Cortland County is required by the FAA to provide for FAA certified inspection and maintenance services on a quarterly basis for said AWOS, AND WHEREAS, the Highway Committee of the Cortland County Legislature recommends the contract for said services be awarded to Vaisala Inc., 194 South Taylor Ave., Louisville, CO 80027, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Legislature hereby awards the contract for FAA licensed inspection and maintenance services on a quarterly basis for said AWOS for a one-year term beginning in May 2010 for the amount of $3,900.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney as to form, is hereby authorized to execute the necessary agreement for said contract. Agenda Item No. 19 – Authorize Agreement/NYS – Cheningo Road Bridge On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. FULLER RESOLUTION NO. 106-10 Authorize Agreement/New York State Cheningo Road Bridge B.I.N. - 1034580 WHEREAS, the Highway Committee desires to Authorize the implementation, and funding in the first instance 100% of the Federal-Aid Program-aid eligible costs, of a transportation Federal-Aid project, and appropriating funds therefore, AND WHEREAS, the Project for the Replacement of the Cheningo Road Bridge (CR 600A), B.I.N. 1034580 is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal Funds and 20% non-Federal Funds, AND WHEREAS, the said project may also be eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marchiselli Aid) providing the funds are appropriated by the State of New York, AND WHEREAS, Cortland County desires to advance the Project by making a commitment of 100% of the non-federal share of Scoping, Design (Phases I-VI), Construction and Construction Inspection, NOW THEREFORE BE IT ---PAGE BREAK--- 81 RESOLVED, that the County Legislature hereby approves the above-subject project; AND BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the County of Cortland to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping, Design (Phases I-VI), Construction and Construction Inspection for the Project or portions thereof; AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following, an appropriation account in the amount of $3,021,000.00 and revenue accounts for the Local, State and Federal shares; AND BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated, the Legislature of Cortland County shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute all necessary Agreements, certifications or reimbursement as approved to form by the County Attorney, on behalf of the County of Cortland in connection with the advancement or approval of the Project, AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, AND BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Agenda Item No. 20 – Resolution to Support Electronics Recycling and Extended Producer Responsibility Legislation for Electronic Wastes and Urging Local Governments in Cortland County to Do the Same On motion of Mr. Fuller. Seconded by Mr. Cornell. Mr. Ross asked about the cost to the County for electronic recycling. Mr. Don Chambers was not in attendance to answer the question, as he was on vacation. Mr. Eric Mulivhill, WXHC, spoke up and said it was about $1,000 per month. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. FULLER RESOLUTION NO. 107-10 Resolution To Support Electronics Recycling And Extended Producer Responsibility Legislation For Electronic Wastes And Urging Local Governments In Cortland County To Do The Same WHEREAS, historically the responsibility and financial burden for managing consumer electronic wastes has fallen to local solid waste management programs that have little ability to effect changes in the manufacturer’s selection of product design, materials and packaging, AND WHEREAS, the County of Cortland wishes to express its support for New York State’s enactment of a user friendly and convenient Extended Producer Responsibility (“EPR”) based consumer electronic waste collection program through State legislation, AND ---PAGE BREAK--- 82 WHEREAS, New York State Assembly Bill A.9049 and New York State Senate Bill S.6047 present such an approach to managing our consumer electronic waste, as recommended by the New York Product Stewardship Council, AND WHEREAS, the County of Cortland also strongly supports E-waste legislation that would require manufacturers to provide premium waste collection services on a State wide basis at a reasonable fee and thereby provide residents with an alternative option to transporting their E-waste to a manufacturer’s provided free collection site, NOW THEREFORE BE IT RESOLVED, that the County of Cortland urges the New York State Legislature to adopt Extended Producer Responsibility legislation for consumer electronic waste recycling and management, such as Assembly Bill A.9049 and Senate Bill S.6047, and does further urge our County, City, Town and Village officials as well as the public to support the enactment of State wide legislation requiring Extended Producer Responsibility for consumer electronic waste; AND BE IT FURTHER RESOLVED, that the Clerk of this County Legislature is directed to forward a copy of this Resolution to all municipalities in the County of Cortland and to all local State legislative representatives as well as the Governor of New York State. Agenda Item No. 21 – Authorize Issuance of a Theatrical Production and Custodial License – Dwyer Park/Cortland Repertory Theatre. On motion of Mr. Fuller. Seconded by Mr. Cornell. Ms. Briggs asked if by approving this resolution the legislature is binding itself to the existing contract, or if the terms could still be negotiated. Mr. Purser stated it is the terms already set forth in the existing contract. He added that the contract allows for use of the upstairs for performances, and managing downstairs for events. In turn, CRT pays the county $300 per year. Mr. Ross asked if the county has documentation as to how much revenue is raised each year through managing and renting the first floor. Chairman Williams said no, but that any funds received are supposed to go into the maintenance of the interior of the building. Ms. Gofkowski said she would like to see the maintenance terms more clearly defined. Mr. Fuller noted that the bathrooms are maintained by the county, not CRT, because they are open to the public. Ms. Briggs said that CRT has gotten a price quote of about $40,000 for painting the exterior, which is significantly less that what the county has received in previous bids. All members voting in favor, except legislators Ross, Gofkowski, Park and Willcox. Agenda Item No. 21 became: ON MOTION OF MR. FULLER RESOLUTION NO. 108-10 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 one year License Agreement with Cortland Repertory Theatre, P.O. Box 783, Cortland, New York 13045 for the privilege of staging theatrical productions and maintaining the pavilion at Dwyer Memorial Park, AND BE IT FURTHER ---PAGE BREAK--- 83 RESOLVED, that the Cortland Repertory Theatre pay the sum of $300.00 for said License. Agenda Item No. 22 – Authorize Amnesty Week – Landfill On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor, except Mr. Ross and Mr. Willcox; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. FULLER RESOLUTION NO. 109-10 Authorize Amnesty Week Highway Department/Landfill WHEREAS, the Highway Committee of this Legislature has recommended at their March 9, 2010 meeting that the Municipalities of Cortland County be granted one week in the spring of 2010 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 as May 3, 2010 to May 7, 2010, 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 the week of May 3, 2010 to May 7, 2010 as the time period allotted for the Municipalities of Cortland County to dispose of their wastes at the Cortland County Landfill at no charge, AND BE IT FURTHER RESOLVED, that the only vehicles exempt from the tipping fee payment during the aforementioned time period will be vehicles registered or their designated agents with a letter from the respective Chief Executive Officer, AND BE IT FURTHER RESOLVED, that only metal objects (including white goods), tires, construction and demolition waste, and tree wastes will be accepted and shall be separated by category at the landfill site by the municipality making delivery, AND BE IT FURTHER RESOLVED, that the Highway Department shall furnish the Legislature with an accounting of all wastes delivered to the landfill during Amnesty week. Agenda Item No. 23 – Authorize Agreements Health Department/Children With Special Needs On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 110-10 Authorize Agreements Health Department/Children with Special Needs Program (Contracts for Services) ---PAGE BREAK--- 84 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)  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  Gretchen Porter  Franziska Racker Centers  Amy Chauvin White  Hear 2 Learn  InterActive Therapy Consultants, Inc.  OCM BOCES-Children’s Village  SUNY Cortland College Daycare Center, Inc.  YWCA ---PAGE BREAK--- 85 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, 2010 through June 30, 2012; AND WHEREAS, these agreements shall include a ninety day extension clause, allowing the respective agreements to be extended until September 30, 2012, if successor agreements are not executed by June 30, 2012, 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. Agenda Item No. 24 – Authorize Agreement/Accept Funds – Health Department Nursing (Early Intervention ARRA Funds) On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 111-10 Authorize Agreement/Accept Funds Health Department/Nursing (Early Intervention ARRA Funds) WHEREAS, the NYS Dept. of Health has awarded the Cortland County Health Dept. American Recovery and Reinvestment Act Funds (ARRA) in the amount of $20,895 for the period October 1, 2009 through September 30, 2011 to be used to offset administrative expenses at the local level for the operation of the Early Intervention Program, which is to include equipment and training needed for the new NYS Early Intervention Computer System (NYEIS), AND WHEREAS, $2,328 of these funds are in the 2010 budget in A40595.51005-51020 $1,600 (Personnel) & A40595.58020-58065 $728 (Fringe Benefits), NOW THEREFORE BE IT RESOLVED, that the 2010 Budget be amended as follows: Increase Expenses: A40595.52005.4054 Office Furniture $5,357 A40595.52010.4054 Office Equipment $4,000 A40595.52060.4054 Computer Equipment $5,850 A40595.54045.4054 Travel & Subsistence $1,000 A40595.54047.4054 Mileage Reimbursement $ 200 A40595.54055.4054 Professional Services $2,000 A40595.54075.4054 Office Equipment $ 160 Increase: Revenue: A401594.43450.4054 EIP ARRA Funds $18,567 , AND BE IT FURTHER ---PAGE BREAK--- 86 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 the NYS Dept. of Health to accept these funds. Agenda Item No. 25 – Authorize Agreement/Accept Funds – Health Department/Nursing (Immunization ARRA Funds) On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. PACE RESOLUTION NO. 112-10 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization ARRA Funds) WHEREAS, the NYS Dept. of Health has awarded the Cortland County Health Dept. American Recovery and Reinvestment Act Funds (ARRA) in the amount of $20,000 for the period October 1, 2009 through March 31, 2011 to increase immunization rates in children and adults for vaccines, including, but not limited to Zostavax, Tdap, PPSV23, HPV and flu vaccines. WHEREAS, $12,025 of these funds are in the 2010 budget in A40115.51010 $9,000 (Personnel), A40115.58020-58065 $3,025 (Fringe Benefits), NOW THEREFORE BE IT RESOLVED, that the 2010 Budget be amended as follows: Increase Expenses: A40115.54005.4038 Household Equip – Refrig $2,775 A40115.54005.4038 Office Supplies $1,000 A40115.54006.4038 Medical Supplies $1,000 A40115.54035.4038 Outreach & Education $2,000 A40115.54047.4038 Mileage Reimbursement $ 200 A40115.54060.4038 Advertising $1,000 Increase: Revenue: A401144.43450.4038 Immunization AARA Funds $7,975 AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with the NYS Dept. of Health to accept these funds. Agenda Item No. 26 – Authorize Agreements/Health Department (Hospice Division) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 26 became: ---PAGE BREAK--- 87 ON MOTION OF MR. PACE RESOLUTION 113-10 Authorize Agreements Health Department (Hospice Division) (Contracted Services) WHEREAS, Caring Community Hospice of Cortland contracts for pharmaceutical services, hospital services, medical supplies and equipment, therapies, infusion therapy, ambulance and aide services AND WHEREAS, the following agencies or individuals provide these services: Kinney’s (pharmacy) Medicine Shoppe (pharmacy) CRMC (laboratory, inpatient, respite, outpatient and radiology services) CMH Services, Inc.-DME Services (medical supplies and equipment) Home Care for Cortland County (aide agency) Graceann Forrester (Physical Therapist) Mary Emm (Speech Therapist) Monica Brace (audiology) TLC (ambulance) Lincare Infusion Company (infusion) WHEREAS, monies for the above services are budgeted in expenditure accounts A40485.540006 Medical Supplies and Materials and A40485.54500 Patient Expense, AND WHEREAS, the term of these current agreements (operating currently on the grace period) ends March 31, 2010, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, are authorized to execute agreements for another three month extension period to run through June 30, 2010 for the provision of said services by these providers, awaiting finalization of the 2010-2011 contracts. Agenda Item No. 27 – Authorize Agreements/Accept Funds – Jacobus Center On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 114-10 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 $395,602 for their 2010 annual state grant, AND WHEREAS, the Cortland County Health Dept. will be contracting with other agencies and individuals to help coordinate the efforts of this grant, AND ---PAGE BREAK--- 88 WHEREAS, $395,602 for fiscal year 01/01/2010 – 12/31/2010 funds are already reflected in the 2010 County Budget Revenue Account # A403543 43435, Family Planning State Grant)and in expenditure Accounts A40355, 1005-1040 $225,000 (Personal Services), A40355,58020-58065 $ 75,000 (Fringe), and A40355,54000-54500 $ 95,602 (Contractual) 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 with other agencies and individuals to help coordinate the efforts of this grant. Agenda Item No. 28 – Amend Budget – Mental Health Department (NYS Mental Hygiene Agencies On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MR. PACE RESOLUTION NO. 115-10 Amend Budget Mental Health Department (NYS Mental Hygiene Agencies) WHEREAS, the New York State Office of Mental Health (NYS OMH) and the NYS Office of Alcoholism & Substance Abuse Services (NYS OASAS) has approved additional state aid for 2010 in the amount of $30,783.00, NOW THEREFORE BE IT RESOLVED, that the 2010 County budget be amended as follows: Increase: Expenses: A43105 54870 4224 CATHOLIC CHARITIES (HOUSING) $26,287.00 A43105 54870 4225 JM MURRAY CENTER (DIRECT 4,496.00 Revenues: A431043 43486 4200 NYS OASAS $26,287.00 A431043 43490 4200 NYS OMH 4,496.00 AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 29 – Authorize Agreement – Cortland County/Federation of Sportsmen On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MR. ROSS RESOLUTION NO. 116-10 Authorize Agreement Cortland County (Federation of Sportsmen) ---PAGE BREAK--- 89 WHEREAS, § 224 of County Law of the State of New York authorizes a County to contract with non-profit organizations including associations for the purpose of propagation of game, game birds and fish, AND WHEREAS, it is the desire of Cortland County to contract with the Cortland County Federation of Sportsmen’s Club for the propagation of game, game birds and fish in order to improve and control wildlife population in Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to execute a contract with the Cortland County Federation of Sportsmen’s Club in the amount of $3,600. (Account Number A8720-54855) for the term of January 1, 2010 through December 31, 2010. Agenda Item No. 30 – Authorize Agreement – Cortland County/SPCA On motion of Mr. Ross. Seconded by Ms. Briggs. All members voting in favor, except for Legislators Price, Bushnell and Hartnett. Agenda Item No. 30 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 117-10 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 $31,500 paid by the County, beginning April 1, 2010, and ending December 31, 2010, 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 $31,500 (Account Number A35105 54820) in accordance with the terms of said contract, AND BE IT FURTHER RESOLVED, that the 2010 budget be amended as follows: Increase: A35105 54820 SPCA $25,666.67 Decrease: A19905 54775 Contingency Funds $25,666.67 Agenda Item No. 31 – Authorize the County Clerk to Implement Program “Veteran’s Return the Favor” ---PAGE BREAK--- 90 On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace explained that this allows veterans to file their discharge papers with the County Clerk at no cost, and also provides for discounts at local businesses. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MR. PACE RESOLUTION NO. 118-10 Authorize the County Clerk to Implement Program Veteran’s Return the Favor County Clerk’s Office WHEREAS, it is the desire of Cortland County to show their appreciation for those who have served in our armed services, AND WHERAS, the Cortland County Clerk’s Office and the Cortland County Veteran’s Office wish to encourage the filing of veteran’s discharge papers for permanent recording, NOW THEREFORE BE IT RESOLVED, that the Cortland County Clerk in conjunction with the Cortland County Veteran’s Office be authorized to implement a “Return the Favor” Program for veterans. Agenda Item No. 32 – Amend Drug-Free Work Place Policy for Cortland County On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. PACE RESOLUTION NO. 119-10 Amend Drug-Free Work Place Policy for County of Cortland WHEREAS, the Cortland County Legislature adopted Resolution 596/89 that stated that Cortland County would establish a “strict policy to maintain a Drug-Free Work Place for employees and visitors”, AND WHEREAS, it is necessary to amend said policy, NOW THEREFORE BE IT RESOLVED, that the Drug-Free Work Place Policy is amended and here to attached. CORTLAND COUNTY DRUG-FREE WORK PLACE POLICY PURPOSE The purpose of this policy is to secure for Cortland County employees a safe, drug-free working environment, and to insure compliance with the Federal Drug-Free Workplace Act of 1988, PL 100-690. POLICY 1. The County of Cortland prohibits the unlawful use, possession, manufacture, dispensing, distribution, or misuse of controlled substances, alcohol, and all illegal drugs in all County workplaces. ---PAGE BREAK--- 91 2. Employees are required to notify their department head and the Cortland County Personnel Officer of any criminal drug statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction. 3. As required by the Federal Drug-Free workplace Act of 1988, the County of Cortland will, within ten (10) calendar days of knowing of an employee's criminal drug statute conviction for a violation occurring in the workplace, notify granting agencies (as required by the Act). 4. Within thirty (30) calendar days of knowing of an employee's criminal drug statute conviction for a violation occurring in the workplace, the County of Cortland will take appropriate personnel action against the employee, up to and including termination, and/or require the employee to participate satisfactorily in a drug abuse rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. Each case shall be considered and evaluated on individual merits in relation to the specific facts of the situation. 5. The Department of Personnel/Civil Service will establish a drug-free awareness program to periodically inform County employees about: a. The danger of drug abuse in the work place; b. The County's policy of maintaining a drug-free work place; c. The availability of the County's Employee Assistance Program and such other drug counseling or rehabilitation programs as may be available; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 6. Employees are required to abide by this policy as a condition of employment. 7. Employees shall be provided a copy of this policy at orientation and will acknowledge receipt by signing and dating it. The signed copy will be kept in the employee’s personnel file. SIGNATURE DATE Agenda Item No. 33 – Accept Bids/Authorize Purchase – Area Agency on Aging/Nutrition – Miscellaneous Groceries and Frozen Foods On motion of Ms. Price Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS. PRICE RESOLUTION NO. 120-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on February 25, 2009 for the period April 1, 2010 through June 30, 2010 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 ---PAGE BREAK--- 92 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, 11 Dennis St., Kirkwood, NY 13795 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, 2010 through June 30, 2010. Agenda Item No. 34 – Amend Budget/Increase Truxton Senior Center to Four Days per Week – Area Agency on Aging On motion of Ms. Price. Seconded by Mr. Ross. Ms Briggs said she thought the legislature made an adequate compromise with the seniors of Truxton by reinstating three days at the Senior Center, when there were all scheduled to be cut. Ms. Arnold said that the town, church and the seniors have made many concessions to allow for this fourth day and it is important that the fourth day be added. Mr. Troy said it is fair to give back the fourth day, but added that all senior centers should be evaluated in the 2011 budget cycle. All members voting in favor; except for Legislators Waldbauer, Fuller, Cornell, Bushnell, Hartnett and Briggs. Agenda Item No. 34 became: ON MOTION OF MS. PRICE RESOLUTION NO. 121-10 Amend Budget/Increase Truxton Senior Center to Four Days per Week Area Agency on Aging WHEREAS, in order to provide access to services to the senior citizens in the Northeast quadrant of the County, NOW THEREFORE BE IT RESOLVED, that the Truxton Senior Center be in operation four days per week effective April 5, 2010, AND BE IT FURTHER RESOLVED, that the 2010 County budget be amended as follows: Increase: Expenses: A67745-51010 4341 Personal Services $ 3136.00 A67745-58030 4341 FICA $ 240.00 A67745-54007 4340 Custodial/Household $ 175.00 A67745-54400 4340 Food $ 1150.00 Decrease: Expenses: A13205-51005 County Auditor $ 4701.00 ---PAGE BREAK--- 93 Agenda Item No. 35 – Define Authority for County Contract Execution On motion of Ms. Arnold Seconded by Mr. Cornell. Mr. Waldbauer said he thinks contracts already go through enough checks and balances and he does not want to add another level of bueracracy to get something approved. Mr. Purser explained that this resolution is only stating that Department Heads and/or a County Administrator can’t negotiate and authorize the terms of a contract, without the approval of the Legislature, as has been done in the past. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 122-10 Define Authority for County Contract Execution WHEREAS, authority has been delegated at times by the County Legislature or a Standing Committee to an individual or individuals to initiate negotiations of contracts on behalf of Cortland County; and WHEREAS, all contracts made by the County, or on its behalf, shall be made in the name of the County; and WHEREAS, the power to authorize County contracts is vested solely in the County Legislature as its governing body; and WHEREAS, in order to ensure fiscal and budgetary oversight by the Legislature and further to comply with Sections 215 and 362 of New York State County Law; as well as the “County Contract Review Process” established by Resolution No. 442-04; NOW THEREFORE BE IT RESOLVED, that all Cortland County contracts must be brought before the County Legislature for approval by resolution prior to any contract being executed. Ms. Price stated that the resolution just passed is more of a policy than a resolution, and asked if there is a collection of policies for Legislators and/or the public to review. The Clerk advised that yes, there is. Announcements The Legislature recognized Pam Ross, Mayor of McGraw, and welcomed her back as a regular attendant to Legislative meetings. Adjournment Mr. Hartnett made a motion to adjourn the meeting. Seconded by Mr. Park. The meeting was adjourned. Cortland County Legislature April 22, 2010 6:00 P.M. ---PAGE BREAK--- 94 Minutes Order of Business Chairman Williams opened the meeting at 6:00 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present. Approval of Minutes Mr. Troy made a motion to approve the Minutes of March 25, 2010. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor The Clerk recognized Mary Beilby, 7 Broadway, Cortland, who spoke in favor of Resolution No. 20, “Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking.” The Clerk recognized Chris Applegate, 1751 VanDonsel Road, Virgil, who spoke in favor of Resolution No. 20, “Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking.” Ms. Applegate gave the Clerk a petition advocating a moratorium on all natural gas drilling in Cortland County. The Clerk recognized Jim Weiss, 3533 Hoxie Gorge, Marathon, who spoke in favor of Resolution No. 20, “Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking.” Mr. Weiss spoke in favor of creating a countywide gas drilling task force. The Clerk recognized Sheila Cohen, 209 Groton Ave., Cortland, who spoke in favor of Resolution No. 20, “Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking.” Ms. Cohen said there are thousands of abandoned water and oil wells which are undocumented and could become polluted without anyone knowing. The Clerk recognized Ray Dunnigan, 3760 McGraw Marathon Road, McGraw, who spoke in favor of Resolution No. 20, “Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking.” The Clerk recognized Mike Bosetti, 1581 Muckey Road, Marathon, who spoke in favor of Resolution No. 20, “Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking.” Mr. Bosetti referenced recent spills in as a reason to implement a moratorium. The Clerk recognized Ronal Rocco, 710 Bowling Green, Cortland, who spoke in favor of Resolution No. 24, “Resolution to Require Wind Developers to Sign, Implement, and Abide by the NYS Attorney General's Code of Conduct for Wind Farm Development.” Proclamations & Recognitions The Clerk read a proclamation designating May 2010 as Cortland County Foster Parent Month. Ms. Price presented the resolution to DSS Commissioner Kristen Monroe and Foster Parents Darren and Melissa Murray of Virgil. ---PAGE BREAK--- 95 The Clerk read a proclamation Designating April 25 – May 2, 2010 as Soil & Water Stewardship Week. Mr. Ross presented the proclamation to Amanda Barber, Director of the Soil & Water Conservation District. Presentation of Petitions, Communications and Notices. Kimberly McRea Freidman, Associate Director at the Seven Valleys Council on Alcoholism and Substance Abuse, spoke about the Prescription Drug Recycling Program. Due to a new state mandate, a collection day will be held Saturday, May 1, 2010, from 9 a.m. to 1 p.m. at the Cortlandville Fire Station on Route 13. There will be another event held Sept. 25, 2010. Receive & File Ms. Price made a motion to Receive & File the 2009 Dept. of Social Services Annual Report, the 2009 County Clerk Annual Report, and the 2009 Probation Department Annual Report. Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. New Business Mr. Troy asked if there were any objections to considering Agenda Items 20 and 24 first, as there were a large number in attendance for these resolutions. There were no objections. Agenda Item No. 20 - Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking On motion of Mr. Ross. Seconded by Mr. Spaulding. Mr. Fuller said the exact recipe and amounts of chemicals used during hydrofracking should not have to be made available, but that the total list of chemicals should be, and is, listed on the Internet. He added that the treatment of wastewater should be treated on site by the gas drilling companies, before being transported. Ms. Arnold said that without a specific list of chemicals to test for, homeowners will have to test for a very large number of chemicals. She added that there is no adequate way to treat the wastewater on site at this point, but it is a good idea to do so in the future, if possible. Mr. Ross added that the county is already working on a road-preservation law, and also implementing a countywide task force on drilling. All members voting in favor, except Ms. Gofkowski and Mr. Fuller, who were opposed. Agenda Item No. 20 became: ON MOTION OF MR. ROSS RESOLUTION 123-10 Petitioning the Governor and the Legislature of the State of New York to Ban Hydrofracking Pending Further Independent Scientific Assessments to Determine the Risks Associated With Hydrofracking WHEREAS, the Central New York region faces a potential environmental crisis in the form of hydrofracking, which involves drilling deep horizontal wells into areas of shale, and infusing massive quantities of water and potentially toxic chemicals into the wells to fracture the shale and release the gas, AND WHEREAS, companies are buying land rights from landowners across Central New York with the expectation that New York State will quickly finalize its environmental review and issue regulations allowing hydrofracking in our region, AND ---PAGE BREAK--- 96 WHEREAS, the recently released state environmental review raises serious questions about the ability of the proposed state regulations to protect our natural resources and prevent permanent damage to our environment, AND WHEREAS, the New York State Environmental Conservation Law supersedes local regulation of the gas and solution mining industries, thereby precluding Cortland County or any other city, county, town or village from regulating gas and oil well drilling operations, AND WHEREAS, the proposed state regulations fail to adequately monitor groundwater near gas wells and fail to detect or remediate contamination of aquifers, thereby posing a threat to individual and public supply wells, AND WHEREAS, the proposed state regulations further fail to provide for an adequate analysis and public disclosure of the chemicals used in the fracking fluids, allowing the use of substances that may be carcinogenic, mutagenic or endocrine disrupters, AND WHEREAS, frequent and heavy truck traffic from hydrofracking operations may cause significant damage to local roads and infrastructure as trucks pass through local municipalities to conduct drilling operations, AND WHEREAS, the constituents of the flowback water from the hydrofracking operations may be unsuitable and unsafe for disposal at local wastewater treatment plants, resulting in potential holding ponds of waste across Central New York, AND WHEREAS, the large quantities of water that must be withdrawn for hydrofracking operations pose a serious threat to our ecosystem, AND WHEREAS, the potential for contamination of our municipal and individual well-based drinking water, Cortland County's aquifers, and the potential water quality impacts from the migration of chemicals and improper discharge of wastewater directly to the watershed are causes of deep concern to this legislative body, AND WHEREAS, the potential damage to local landscapes and wildlife is incalculable, and the possible threat to air quality and public health from drilling operations is immeasurable, AND WHEREAS, it is necessary to pursue further independent scientific assessments of hydrofracking regarding risks to ground and surface water, air quality, public health, wildlife, agriculture, economic development, etc., AND WHEREAS, the US Environmental Protection Authority (EPA) is now undertaking a “Research Study on Potential Relationships Between Hydraulic Fracturing and Drinking Water Resources” and is currently developing the scoping framework for said Study, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby requests that the State ban hydrofracking operations pending further independent scientific assessment, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature hereby requests that the Honorable David A. Paterson, Governor, withdraw from SEQRA review the Draft Supplemental Generic Environmental Impact Statement On The Oil, Gas and Solution Mining Regulatory Program- Well Permit Issuance for Horizontal Drilling And High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs, pending further independent scientific assessments to determine the ---PAGE BREAK--- 97 aggregate protection provided therein concerning the public health, environment and economy of New York State, AND BE IT FURTHER RESOLVED, that the Clerk of this Legislature hereby be directed to transmit a copy of this resolution to Governor David A. Paterson, Congressman Michael Arcuri, NYS Health Commissioner Richard Daines, DEC Commissioner Peter Grannis, NYS Dept. of Agriculture & Markets Commissioner Patrick Hooker, the NYS Association of Counties, State Senator James L Seward, Barbara Lifton, Brian M. Kolb and Gary Finch. Agenda Item No. 24 - Resolution to Require Wind Developers to Sign, Implement, and Abide by the NYS Attorney General's Code of Conduct for Wind Farm Development On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. ROSS RESOLUTION NO. 124-10 Resolution to Require Wind Developers to Sign, Implement, and Abide by the NYS Attorney General's Code of Conduct for Wind Farm Development WHEREAS, the New York State Attorney General has put forth a Code of Conduct for Wind Farm Development which “seeks to ensure that wind farm development is done in a transparent manner, in which municipal officials and companies are accountable, and wind farm development business practices are established and maintained so as to avoid conflicts of interest, or the appearance thereof”, AND and WHEREAS, the Code of Conduct seeks to prohibit conflict of interest, to deter improper relationships between wind development companies and local government officials, to provide for public disclosure, to require education and training of wind company officers and employees regarding the Code of Conduct, and to provide for enforcement and compliance via a Task Force, NOW THEREFORE BE IT RESOLVED, that any wind developer who desires to work with Cortland County officials on wind development projects must sign, implement, and abide by the most current version of the NYS Attorney General Code of Conduct for Wind Farm Development prior to any official work on wind development projects from this date forward, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward a copy of this resolution to any wind developer(s) known to be involved in such in Cortland County. Agenda Item No. 1 – Appoint Member – Community Services Board On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 125-10 Appoint Member Community Services Board Mental Health ---PAGE BREAK--- 98 WHEREAS, the By-Laws of the Cortland County Community Services Board, Article 3, Section 1 states that the membership of the organization shall consist of fifteen (15) members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Board shall be four years except for vacancies for unexpired terms, AND WHEREAS, there is one vacancy due to the resignation of Anne Doyle whose terms is to expire 12/31/11, NOW THEREFORE BE IT RESOLVED, that Timothy Perfetti, 7 Water Street, Homer, New York 13077 be appointed for the unexpired term to 12/31/11. Agenda Item No. 2 – Appoint Members – Chemical Dependency Subcommittee – Community Services Board On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 126-10 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 Emanuel Lann, Mary Gilbert, Shawn Hubbard, Celeste Schueren and Don Spaulding have expired and Mary Clare Pennello has resigned, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM Emanuel Lann (Reappointment) 1/1/10 – 12/31/13 138 Madison Street Cortland, New York Lisa Cutia 1/1/10 – 12/31/13 Director of Probation Judith E Murphy 1/1/10 – 12/31/13 2770 Old Dryden Road Cortland, New York ---PAGE BREAK--- 99 Capt. Mark Helmes 1/1/10 – 12/31/13 PO Box 314 McGraw, NY 13101 Anthony J. Pace 1/1/10 – 12/31/11 93 E. Court Street Cortland, NY 13045 AND BE IT FURTHER RESOLVED, that appointment of Budd Riggs made pursuant to Resolution 151-09 be corrected to end 12/31/12. Agenda Item No. 3 – Appoint Members – Mental Retardation/Developmental Disabilities Subcommittee – Community Services Board On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 127-10 Appoint Members Mental Retardation/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 MRDD Subcommittee members are appointed through the Cortland County Legislature, AND WHEREAS, the terms of Cathy Lee, Jacquelin Stegeland, Kim Reakes, David Jacobson, Janet McArthur, Sally Kamerling and Sharon Stevens have expired and Ann Doyle and Patty Riotto have resigned, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM David Jacobson (Reappointment) 1/1/10 – 12/31/13 3980 Woodside Drive Cortland, New York Debbie Ossit 1/1/10 – 12/31/13 27 Taylor Street Cortland, New York Barry Kerner 1/1/10 – 12/31/13 83 South Main Street Homer, New York Donald E. Noble, Ph.D 1/1/10 - 12/31/13 ---PAGE BREAK--- 100 4313 Cosmos Hill Road Cortland, New York Kimberly McRae Friedman 1/1/10 – 12/31/13 2151 Ames Road Cortland, New York Katherine Mead 1/1/10 – 12/31/13 10 Meadow Drive Homer, New York Ellen Wright (unexpired term) 1/1/10 – 12/31/12 495 Route 90 Cortland, New York Kay Wood (unexpired term) 1/1/10 – 12/31/10 21 South Williams Street Homer, New York Anthony Pace 1/1/10 – 12/31/11 95 East Court Street Cortland, New York Agenda Item No. 4 – Appoint Members – Mental Health Subcommittee – Community Services Board On motion of Mr. Williams. Seconded by Mr. Parker. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 128-10 Appoint Members Mental Health Subcommittee Community Services Board WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as nine members, AND WHEREAS, the Cortland County Mental Health Subcommittee members are appointed through the Cortland County Legislature, AND WHEREAS, the terms of Mary Ewing, Eberhart, Kathie Wilcox, Kim McRae Friedman have expired, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM Diann Potter 1/1/10 – 12/31/13 7 Brook Drive Cortland, New York ---PAGE BREAK--- 101 Barbara Ryan 1/1/10 – 12/31/13 92 Elm Street Cortland, New York Christine Gregory 1/1/10 – 12/31/13 5 Parker Avenue Cortland, New York Anthony Pace 1/1/10 – 12/31/11 95 East Court Street Cortland, New York , AND BE IT FURTHER RESOLVED, that appointments of Tiffanie Parker and Amy Ayotte made pursuant to Resolution 152-09 be corrected to end 12/31/12. Agenda Item No. 5 – Authorize Agreement – Information Technology (Folder/Sealer) On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR WILLCOX RESOLUTION NO. 129-10 Authorize Agreement Information Technology (Folder/Sealer Machine) WHEREAS, the Maintenance Agreement with Pitney Bowes on the County folding/sealing machine has expired on March 31st, 2010, AND WHEREAS, a Pitney Bowes Maintenance Agreement for April 1st, 2010 thru March 31st, 2011 has been received in the amount of $1,515.90, 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 – Amend Agreement – Information Technology (Toshiba Business Solutions Copier Lease Agreement) On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 130-10 Amend Agreement Information Technology (Toshiba Business Solutions Copier Lease Agreement) ---PAGE BREAK--- 102 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 – Jail o E-255 Coper – CID o Paper Feed Pedestal for an E-255 in Environment Health o FAX Board for an E-305 in the County Attorney’s Office o FAX Board for an E-255 in Hospice  Equipment Deleted: o E-203SD Copier – Conflict Attorney , AND WHERAS, Toshiba Business Solutions has agreed to amend the lease agreement to reflect these changes, increasing our lease payment by $130.00 a month from $4,566.84 to $4,696.84, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the amendment on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 7 – Authorize Agreement – Sheriff’s Department/Jail (GLOBAL TEL*LINK CORP.) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PARK RESOLUTION NO. 131-10 Authorize Agreement Sheriff's Department/Jail (GLOBAL TEL* LINK CORPORATION) WHERE AS, GLOBALTEL*LINK CORPORATION., 2609 Cameron Street, Mobile, Alabama 36607, has agreed to enter into an agreement to furnish Cortland County Jail with a inmate collect call telephone system for inmates incarcerated in the Cortland County jail. Remuneration shall be Forty-four (44%) of the gross revenue billed or prepaid for all phones covered by the agreement, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Sheriff of Cortland County, upon review and approval by the County Attorney, be and hereby are authorized to contract with GLOBAL TEL*LINK CORPORATION. This Agreement will be in effect for five years, commencing from the date of the full execution of said agreement. Agenda Item No. 8 – Requesting That the State of New York Appropriately Disburse the Statewide Wireless 911 Cellular Surcharge ---PAGE BREAK--- 103 On motion of Mr. Park. Seconded by Mr. Ross. Sheriff Price stated the county receives about $30,000 of the $200 million received by the State. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. PARK RESOLUTION 132-10 Requesting That the State Of New York Appropriately Disburse the Statewide Wireless 911 Cellular Surcharge WHEREAS, while New York State will collect approximately $200 million dollars in fiscal year 20l0 from the Statewide Wireless 9l1 Cellular Surcharge, the funding is distributed unfairly and inappropriately throughout the Public Safety Answering Points within the State, AND WHEREAS, while Cortland County is among the Public Safety Answering Points across New York State that provide emergency call taking and dispatch services to all emergency service providers, including many New York State agencies, Cortland County gets an inappropriately small amount of reimbursement from this surcharge revenue, NOW THEREFORE BE IT RESOLVED, the Cortland County Legislature requests that the State of New York appropriately disburse the $200 million dollars collected to the 9l1 Public Safety Answering Points across New York State for operational costs and continuing upgrades. Agenda Item No. 9 – Authorize Agreement Amendment – Probation Department/Electronic Monitoring (BI Incorporated) On motion of Mr. Park. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. PARK RESOLUTION NO. 133-10 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, with said company expired December 31, 2009, AND WHEREAS, BI Incorporated has agreed to amend the previous contract for a two year period, January 1, 2010 and ending December 31, 2011, 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 ---PAGE BREAK--- 104 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, 2010 through December 31, 2011, for the purpose electronic monitoring through the Cortland County Probation Department. Agenda Item No. 10 – Amend 2010 Budget – Recognizing Federal and State Disaster Assistance Funding – Highway Department On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 134-10 Amend 2010 Budget Recognizing Federal and State Disaster Assistance Funding Highway Department WHEREAS, the County of Cortland experienced a Federal Declared Disaster # 1857-DR-NY due to flooding in August of 2009, AND WHEREAS, the flood related repairs to the County Road System were not budgeted in the 2010 budget, AND WHEREAS, the revenue to be received from FEMA and SEMO has been requested by the Cortland County Highway Superintendent to complete the necessary 2009 flood damage, 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 2010 County Budget be amended as follows: Increase: Revenue D501043.43960.8762 SEMO $ 49,846.28 D501044.44960.8762 FEMA $149,538.86 Expense D51125.54077.8762 August 2009 Flood Materials $100,000.00 D51125.54065.8762 August 2009 Flood Equipment $ 99,385.14 Agenda Item No. 11 – Award Bids – Highway Department On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 135-10 ---PAGE BREAK--- 105 Award Bids Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department, NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County Highway Department may purchase materials, supplies and services from the low bidders meeting specifications as follows: ABRASIVES FOR SNOW & ICE from the low bidder where cost of hauling and availability will be a consideration. ASPHALT EMULSION SLURRY SEAL from Suit Kote Corp. 1911 Lorings Crossing Road, Cortland, NY 13045 BITUMINOUS CONCRETE from Suit Kote Corp. 1911 Lorings Crossing Road, Cortland, NY 13045 BITUMINOUS LIQUID from Suit Kote Corp. 1911 Lorings Crossing Road, Cortland, NY 13045 CRUSHED STONE from the low bidder where cost of hauling and availability will be a consideration. DIESEL FUEL from Superior Plus Energy Services, LLC 9754 River Road, Marcy, NY 13403-0400. GRAVEL from the low bidder where cost of hauling and availability will be a consideration. HEAVY RIP-RAP from RMS Gravel, 290 Mott Road, Dryden, NY 13053 IN PLACE RECYCLED PAVEMENT from Suit Kote Corp. 1911 Lorings Crossing Road, Cortland, NY 13045 LIQUID CALCIUM CHLORIDE from Suit Kote Corp. 1911 Lorings Crossing Road, Cortland, NY 13045 MICROSURFACING from Suit Kote Corp. 1911 Lorings Crossing Road, Cortland, NY 13045 OIL AND LUBRICANTS from Williams Lubricants, Inc. 805 Hatch St., Elmira, NY 14901 PAINTING TRAFFIC LINES from Seneca Pavement Marking, Inc. 23 hunter run, Horseheads, NY 14845 PAVEMENT CRACK FILLING from Suit Kote Corp. 1911 Lorings Crossing Road, Cortland, NY 13045 100LL AVIATION GASOLINE from Ascent Aviation Group, Inc., One Mill St., Parish, NY 13131 UNLEADED FUEL from Petroleum Traders Corporation 7120 Point Inverness Way, Fort Wayne, IN 46804 PROCESSING OF HIGHWAY AGGREGATE from RMS Gravel, 290 Mott Road, Dryden, NY 13053 RETREAD TIRES from Commercial Truck Tire Center, 7255 Northern Blvd., East Syracuse, NY 13057. SCRAP TIRE REMOVAL No Bids Received ---PAGE BREAK--- 106 STEEL SNOWPLOW AND GRADER BLADE EDGES from Chemung Supply Corp., P.O. Box 527, Elmira, NY14902 STONE FILLING MATERIALS from the low bidder where cost and availability will be a consideration. TRANSIT MIX CONCRETE/WASTE BLOCKS from the low bidder where cost and availability will be a consideration. TREE AND STUMP REMOVAL from Mid-State Lawn & Tree Service, 709 Country Route 1, Oswego, NY 13126. Agenda Item No. 12 – Award Bid – Highway Department (Guiderail Post Installation) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 136-10 Award Bids Highway Department WHEREAS, the Highway Committee of the Cortland County Legislature advertised, received and opened bids for various materials and supplies used by the Highway Department in 2009 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 bids to purchase materials, supplies and services from the low bidders meeting specifications as follows: GUIDERAIL POST INSTALLATION from Silverline Construction, Inc. 4299on Road, Burdett, NY 14818 Agenda Item No. 13 – Amend 2010 Budget – Recognizing Payment for Road Damage On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 137-10 Amend 2010 Budget Recognizing Payment for Road Damage Highway Department WHEREAS, the New York State Electric and Gas Corporation has an electric transmission upgrade project in Cortland County, AND WHEREAS, the movement of equipment and materials associated with the electric transmission upgrade project has caused damage to CR 133, Clarks Corners Road, AND ---PAGE BREAK--- 107 WHEREAS, the revenue to be received from the New York State Electric and Gas Corporation has been requested by the Cortland County Highway Superintendent to repair said damage to CR 133, 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 2010 County Budget be amended as follows: Increase: Revenue D501047.42770 NYSEG $40,000.00 Expense D51125.54077.7278 Clarks Corners Rd. Material $15,000.00 D51125.54065.7278 Clarks Corners Rd. Equipment $25,000.00 Agenda Item No. 14 – Award Bid/Authorize Agreement - Health Department/Children with Special Needs (Transportation) Mr. Pace pulled this resolution from consideration. Agenda Item No. 15 – Resolution Rejecting Bids – Health Department/Children With Special Needs (Transportation) On motion of Mr. Williams. Seconded by Mr. Troy. Mr. Williams said that the bids had come in higher than what was budgeted, and that the county can accept proposals rather than sealed bids for this service. He added that only one bid was received, and that Ms. Feuerherm has indicated that as many as five companies will be solicited for proposals. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 138-10 Resolution Rejecting Bids 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 Cortland County Health Department solicited for and received and opened only one bid for said services, which exceeds the 2010 budgeted amount for said service, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby rejects the bid provided by Birnie Bus Service for Transportation of Children with Disabilities, opened March 15, 2010. Agenda Item No. 16 – Accept Funds/Health Department/Administration (Community Partnerships for Tobacco Control Program. On motion of Mr. Pace. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 16 became: ---PAGE BREAK--- 108 ON MOTION OF MR. PACE RESOLUTION NO. 139-10 Accept Funds Health Department/Administration (Community Partnerships for Tobacco Control Program) WHEREAS, the Cortland County Health Dept. has been awarded an additional $4,719 in the form of a Cost of Living Adjustment to the Community Partnerships for Tobacco Control Program funded by the NYS Dept. Health for the period 4/1/09 through 3/31/10 to prevent and reduce tobacco use through local involvement and partnership, NOW THEREFORE BE IT RESOLVED, that the 2010Budget is hereby amended as follows: Increase: Expenses: A40105.54035.4002 Education & Training $2,119 A40105.54060.4002 Advertising $2,600 Increase: Revenue: A401043.43450.4002 Tobacco Revenue $4,719 Agenda Item No. 17 – Authorize Agreement/Accept Funds – Health Department (Susan G. Komen Breast Cancer Grant) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 140-10 Authorize Agreement/Accept Funds Health Department/Administration Susan G. Komen Breast Cancer Grant WHEREAS, funds have been awarded to the Cortland County Health Dept. by the Susan G. Komen Breast Cancer Foundation in the amount of $20,492 for the period 4/1/10 – 3/31/11 to fund breast cancer public awareness and diagnostic and screening procedures for uninsured women who do not qualify for our Breast Health Partnership Grant funds, AND WHEREAS, the Cortland County Health Dept. will be contracting with other health care providers (physicians, laboratories, radiology services, etc.) to help coordinate the efforts of the grant for the period 4/1/10 – 3/31/11, AND WHEREAS, these funds are already in the 2010 budget in accounts A40105.51005 $8,516 Personnel), A40105.48020-58065 $3,833 (Fringe), A40105.54005-54500.4008 $8,143 (Contractual), and A401043.43450.4008 $20,492 (Komen Grant Revenue), NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with the Komen Foundation to accept these funds and with other health care providers to provide the services for this grant. ---PAGE BREAK--- 109 Agenda Item No. 18 – Appoint Member – Cortland County Board of Health (Marie Walsh) On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PACE RESOLUTION NO. 141-10 Appoint Member Cortland County Board of Health (Marie Walsh) WHEREAS, a vacant position for a city representative exists on the Cortland County Board of Health, NOW THEREFORE BE IT RESOLVED, that Marie Walsh, 46 Madison Street, Cortland, New York 13045, be and hereby is appointed to the Cortland County Board of Health to fill the remainder of the term to expire December 31, 2014. Agenda Item No. 19 – Health Department – Abolish Full-time Director of Patient Services/ Create Full-time Assistant Director of Patient Services On motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace said this is to help train for the Director position, which the county has not been able to fill. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 142-10 Health Department Abolish Full-time Director of Patient Services/ Create Full-time Assistant Director of Patient Services WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Director of Patient Services and creating one full-time position of Assistant Director of Patient Services, AND WHEREAS, the Health and Budget & Finance Committees recommend the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Director of Patient Services (Management grade 4, $57,599-70,078/yr., competitive class) be and hereby is abolished effective April 22, 2010, AND BE IT FURTHER RESOLVED, that one position of Assistant Director of Patient Services (Management grade 6, $49,843-60,641/yr, competitive class) be and hereby is created effective April 22, 2010. Agenda Item No. 21 – Award Bid/Authorize Agreement – Bus Shelters/Planning Department On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. ROSS RESOLUTION NO. 143-10 ---PAGE BREAK--- 110 Award Bid/Authorize Agreement Bus Shelters Planning Department WHEREAS, NYSDOT grant monies were available for the purchase of bus shelters, AND, WHEREAS, the Planning Department advertised, received and opened bids for bus shelters, AND, WHEREAS, the bids were received by the Clerk of Legislature are as follows: BIDDERS BID Columbia Equipment Company $14,420.00 180-10 93rd Avenue Jamaica, NY 11433-1499 DayTech Limited $16,900.00 70 Disco Road Toronto, ON M9W 1L9 Barco Products $19,250.86 11 N. Batavia Avenue Batavia, IL 60510 Empire Welding and Fabricating $24,737.60 1234 State Route 392 Cortland, NY 13045 , AND WHEREAS, the lowest overall responsible bid received for bus shelters was from Columbia Equipment Company, 180-10 93rd Avenue, Jamaica, NY 11433-1499, 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 an agreement with Columbia Equipment Company, 180-10 93rd Avenue, Jamaica, NY 11433-1499, for bus shelters to be delivered to Cortland County Office Building. Agenda Item No. 22 – Authorize Memorandum of Understanding – Clean Communities of Central New York (Planning Department) On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 22 became: MOTION OF MR. ROSS RESOLUTION NO. 144-10 Authorize Memorandum of Understanding Clean Communities of Central New York ---PAGE BREAK--- 111 Planning Department WHEREAS, the Agriculture/Planning/Environmental Committee of the Cortland County Legislature formed an Alternative Energy Advisory Committee in January 2009 to study various types of energy sources which would reduce dependence on imported oil and reduce the County’s carbon footprint without an additional expense to the County, AND WHEREAS, Clean Communities of Central New York is a partnership of local governments and organizations encouraging the development of markets for alternative fueled vehicles (AFV’s), AND WHEREAS, Clean Communities of Central New York funded by the U.S. Department of Energy to promote the purchase of AFV’s and the development of infrastructures for alternative fuels in advance of current legislative mandates, promote the processing and use of biofuels, provide educational and demonstration programs consistent with the goal of educating the public regarding AFV’s, and seek funding sources regarding the purchase of AFV’s and AFV fueling facilities, AND WHEREAS, Cortland County would be eligible to participate and receive funding for these programs as a member of Clean Communities of Central New York, AND WHEREAS, there is no cost to Cortland County to become a member of Clean Communities of Central New York, NOW, THERFORE BE IT RESOLVED, that the Chairman of the Legislature, upon reviewing and approval of the County Attorney, be and hereby is authorized to execute a memorandum of understanding to become a member of Clean Communities of Central New York. Agenda Item No. 23 – Amend 2010 Budget – Planning Department (5311 STOA) On motion of Mr. Ross. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. ROSS RESOLUTION NO. 145-10 Amend 2010 Budget Planning Department (5311 STOA Program) WHEREAS, The County of Cortland has received a “clean up” SFY 2009-2010 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, 2010 to December 31, 2010 the 2010 County Budget is hereby amended as follows: Increase: Expense: A80225.54081 5311 STOA $113,847.56 Increase: Revenue: A802243.43594 5311 STOA $113,847.56 ---PAGE BREAK--- 112 Agenda Item No. 25 – Authorize Contract – Clerk of the Legislature/Historian (Installation of Mobile Shelving On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. PACE RESOLUTION NO. 146-10 Authorize Contract Clerk of the Legislature/Historian Installation of Mobile Shelving WHEREAS, the Cortland County Clerk has received and the Legislature has voted to approve acceptance of monies, a grant from the Local Government Records Management Improvement Fund, AND WHEREAS, Henderson-Johnson Co, Inc. has submitted per State Contract, a proposal for materials and labor to install the mobile shelving unit, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon review and approval of the County Attorney, is hereby authorized to enter in to an agreement with Henderson-Johnson Co, Inc. to install mobile carriage shelving units at the Cortland /City Records Center for the sum of $34,143.00 to be paid out of Account # A10105 52010 1413. Agenda Item No. 26 – County Clerk – Create Full-time, Temporary, Deputy County Clerk with Benefits On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said that this position will assist in the transition from the retirement of a long-time deputy. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. PACE RESOLUTION NO. 147-10 County Clerk Create Full-time, Temporary, Deputy County Clerk with Benefits WHEREAS, the needs of the agency will be better served by creating one full-time temporary position of Deputy County Clerk with benefits from April 26th through May 9th, 2010, AND WHEREAS, the Personnel and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that one temporary, full-time position of Deputy County Clerk with benefits (Management Compensation Plan, Grade 11, $31,667-38,528, exempt class) be and hereby is created effective April 26th through May 9th, 2010. Agenda Item No. 27 – Support Assembly Bill A-0010 (County Clerk/DMV) On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace explained that this resolution advocates for the County to retain additional fees collected at the DMV. All members voting in favor; none opposed. Agenda Item No. 27 became: ---PAGE BREAK--- 113 ON MOTION OF MR. PACE RESOLUTION NO. 148-10 Support Assembly Bill A-9919 County Clerk/DMV WHEREAS, the New York State Vehicle and Traffic Law places the responsibility of operating Department of Motor Vehicle offices to 51 Counties across New York State through their respective County Clerk, AND WHEREAS, acting as an “agent” of the New York State Department of Motor Vehicles, our county taxpayers bear the cost of running local Department of Motor Vehicle operations, AND WHEREAS, our current share of certain transaction fees is 12.7%, available only if a customer appears in person, AND WHEREAS, numerous transactions we are required to perform are time consuming, labor intensive and New York State does not allow the County any fee, AND WHEREAS, we are often competing with the New York State Department of Motor Vehicles for limited business in order to sustain our operations, AND WHEREAS, the Commissioner of Motor Vehicles has advised the New York State Association of County Clerks that 35 online transactions are currently available for customers via the NYS DMV website and more online transactions can be expected in the near future leaving the County with even fewer revenue sharing opportunities, NOW THEREFORE BE IT RESOLVED, the Cortland County Legislature support Assembly Bill A-9919, allowing County Clerks who operate DMV offices to retain a share of fees collected from County residents for motor vehicle transactions completed through the New York State DMV website, AND BE IT FURTHER RESOLVED, the Clerk of this legislative body be and hereby is directed to transmit copies of this resolution to Governor David A. Paterson, State Senator James L Seward, Barbara Lifton, Brian M Kolb, and Gary Finch. Agenda Item No. 28 – Amend Budget, Area Agency on Aging/RSVP On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 149-10 Amend Budget Area Agency on Aging/RSVP WHEREAS, the Corporation for National Service has allocated additional funds in the amount of $1,476.00 for the RSVP Program for the period April 1, 2010 through March 31, 2011, AND WHEREAS, $626.00 of these funds are in the 2010 budget in Account A76225-51005 4321 (Personal Services), NOW THEREFORE BE IT ---PAGE BREAK--- 114 RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expenses: A76225 54045 4321 Travel/Subsistence +$850.00 Revenues: A762244 44772 4321 Federal Aid - RSVP +$850.00 Agenda Item No. 29 – Authorize Agreement/ Amend Budget between CNY Works, Inc. and Department of E&T Grant Administration (On behalf of Cayuga-Cortland Workforce Investment Board) On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. PRICE RESOLUTION NO. 150-10 Authorize Agreement/ Amend Budget between CNY Works, Inc. and Department of E&T Grant Administration (On behalf of Cayuga-Cortland Workforce Investment Board) WHEREAS, the New York State Department of Labor has awarded CNY Works, Inc. of Syracuse a tier two application for $500,000.00 for Regional Economic Transformation Strategies Through a Sector or Cluster Based Approach, NYSDOL Grant #13-N, for a five county region that includes the Cayuga-Cortland Local Workforce Investment Area, AND WHEREAS, $50,000.00 of these funds are to be used to identify businesses in Cayuga and Cortland Counties working in the Energy & Environmental Systems Cluster, solicit their participation and partner with them for an internship program. Funds will be used to create fourteen internships, seven each in Cayuga and Cortland Counties, monitor program progress, and fulfill program reporting and evaluation requirements, AND WHEREAS, CNY Works desires to obtain services from the Cayuga-Cortland Workforce Investment Board under the Grant Award Agreement, and the Cayuga-Cortland Workforce Investment Board is willing to provide service to CNY Works, NOW THEREFORE BE IT RESOLVED, the Chairman of Legislature and upon review and approval by the County Attorney, be and hereby is authorized to enter into an Agreement with CNY Works, Inc., AND BE IT FURTHER RESOLVED, The agency budget be and hereby is amended by establishing the following accounts: Increase: C 1200 Cash $50,000.00 Increase: C 109 43745 Grant Administration 13-N $ 2,162.00 C 2631 Due to Cayuga County $23,533.00 C 2633 Due to Cortland County $24,305.00 ---PAGE BREAK--- 115 Agenda Item No. 30 – Abolish/Create Social Services Department Senior Caseworker/Case Supervisor Grade B On motion of Ms. Price. Seconded by Mr. Troy. Ms. Monroe said that out-of-home placement numbers are increasing, and this resolution will restructure the department and help implement a Coordinated Children’s Services Initiative. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MS. PRICE RESOLUTION NO. 151-10 Abolish/Create Social Services Department Senior Caseworker/Case Supervisor Grade B WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Senior Caseworker and creating one full-time position of Case Supervisor Grade B, AND WHEREAS, the Human Services/Budget & Finance Committees recommend the abolition and creation of these positions, NOW, THEREFORE, BE, IT RESOLVED, that one full-time position of Senior Caseworker (Grade 19, $20.0885-24.4407/hr., CSEA contract, competitive class) be and hereby is abolished effective April 22, 2010, AND BE IT FURTHER RESOLVED, that one full-time position of Case Supervisor Grade B (Grade 21, $21.6047- 26.2854/hr., CSEA contract, competitive class) be created effective April 22, 2010. Agenda Item No. 31 – Approve Contract/Phillips Lytle LLP – Real Property In Rem Foreclosure Proceedings (Treasurer’s Office) On motion of Ms. Arnold. Seconded by Mr. Spaulding. Ms. Arnold said she would like to amend the contract to state the term. Mr. Purser suggested “for Real Property Taxes due 2009.” Ms. Briggs made a motion to amend the resolution as stated. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The resolution was amended. Mr. O’Mara said that the County does not have professionals to handle the foreclosure process. He added that between the Treasurer’s Office, the County Attorney, and the independent attorney, it is a cumbersome practice that takes many years. Mr. Purser said that he has caught up on past years, is almost done with 2007, and has not asked for an independent attorney to review the work, which expedites the process and saves money. Mr. O’Mara explained the foreclosure process and spoke about some of the difficulties the Treasurer’s Office faces during the process, particularly doing title searches. Mr. Troy said that there is a significant amount of outreach and notification that must be done to these property owners, and asked who pays the postage for these notifications. Mr. O’Mara said the contractor pays for a majority of the mailings. Chairman Williams called for a roll call vote. (see attached) The motion failed with a weighted vote of 23,251. Agenda Item No. 32 – Authorize Agreement – Cortland County Chamber of Commerce On motion of Ms. Arnold. Seconded by Mr. Ross. Ms. Arnold said that this agreement provides for the July 3 fireworks show at Little York Lake. She added that the $3 charge for parking at the park nearly covers the cost of Highway and Sheriff’s deputies for the event. The cost of the agreement is $7,500, and the total cost to the county is about $8,500. All members voting in favor; none opposed. Agenda Item No. 32 became: ---PAGE BREAK--- 116 ON MOTION OF MS. ARNOLD RESOLUTION NO. 152-10 Authorize Agreement Cortland County Chamber of Commerce WHEREAS, the Cortland County Chamber of Commerce offers a variety of quality of life programs and projects in the areas of tourism, gateway maintenance, community events, and sports councils, AND WHEREAS, the County Legislature wishes to support the Cortland County Business community and the Cortland County Chamber of Commerce, 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 $7,500 from Account Number A10105.54055 for the calendar year of 2010, AND BE IT FURTHER RESOLVED, that said agreement shall provide that the Chamber of Commerce utilize the proceeds of these funds to support various community events, programs and projects, including but not limited to: annual fourth of July fireworks show, tourism programs, downtown management, downtown music, gateway maintenance and the sports council. Agenda Item No. 33 – Resolution Encouraging the NYS Legislature to Enact Legislation Requiring Online Travel Companies to Pay Sales and Use Tax on the Entire “Retail” Rate Charged to the Public On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 153-10 Resolution Encouraging the New York State Legislature to Enact Legislation Requiring Online Travel Companies to Pay Sales and Use Tax on the Entire “Retail” Rate Charged to the Public WHEREAS, for the past two years, online travel companies such as Expedia and Priceline have sought enactment of federal legislation which would ban state and local sales and occupancy taxation of hotel room rentals when brokered by these companies or by conventional travel agents, AND WHEREAS, recently, federal legislation was circulated as a potential amendment to the Senate version of the Travel Promotion Act of 2009, seeking enactment of this ban on sales and use taxes however this proposed legislation failed, AND WHEREAS, if this or similar legislation exempting online travel companies from state and local sales and use taxes of hotel room rentals is passed, this would put at risk state’ and localities’ entire revenue streams from hotel taxes- some $8.5 billion per year, AND WHEREAS, the State of New York and local governments currently are experiencing their worst fiscal crisis in decades and can ill-afford to lose this valuable sales and occupancy use tax monies, AND ---PAGE BREAK--- 117 WHEREAS, under the current law, online travel companies pay sales and hotel taxes only on the “whole sale” room rate and not the higher “retail” room rate that these companies charge the renter of the room, which has resulted in the loss of over $4,000.00 in use tax occupancy monies and another $6,000 of sales tax in Cortland County for the 2009 year, AND WHEREAS, Cortland County has constantly reached out for tourism and now has a newly established Water Park along with six 18 hole golf courses, SUNY Cortland and within 25 miles of the heart of the county there are two private Universities, one private College, one Community College and three of New York States finest ski slopes (two of which are located in the County) and facilities welcoming any spring, summer, fall or winter sports for all ages, AND WHEREAS, the language of this proposed amendment is so broad that it effectively prohibits taxation on the entire retail charge for hotel rooms and immediately and permanently deprives states and localities of more than $680 million in annual revenues and prevents states and localities from establishing clear laws and rules clarifying online travel companies to collect taxes on the full retail charge for room rentals, AND WHEREAS, this legislation further prevents state and localities from recovering many millions of dollars in back taxes and gives online travel companies an unfair competitive advantage by providing them with preferential tax treatment placing at risk most of the estimated $7.5 billion in state and local taxes that hotels collect each year on rooms they lease themselves and may well encourage hotels to form their own “captive OTC” subsidiaries that would market their rooms online in the same tax free manor as the current online travel companies, AND WHEREAS, there is absolutely no justification for taxing only the wholesale price of a hotel room, NOW THEREFORE BE IT RESOLVED, the Cortland County Legislature vehemently opposes and hereby strongly request that the current regulations which only permit online travel companies to pay sales and hotel taxes on the “wholesale” room rate and not the higher “retail” room rate they charge renters for the room be repealed and that online travel companies, like all other purchasers, pay sales and use tax on the entire “retail” rate charged the renter of the room, AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to immediately send certified copies of this resolution to: President Barack Obama, Governor David A. Paterson; New York State Senate Majority Leader Malcolm A Smith; Senate Minority Leader Dean Skelos; Senator James L. Steward; Assembly Speaker Sheldon Silver; Assembly Members Barbara Lifton, Brian Kolb and Gary D. Finch; Congressman Michael Arcuri and Senators Kirsten Gillibrand and Charles E. Schumer. Executive Session Mr. Pace made a motion to go into Executive Session to discuss candidates for the County Administrator’s position. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The Legislature held an Executive Session. Adjournment Following the Executive Session, Mr. Cornell made a motion to adjourn the meeting. Seconded by Mr. Park. The meeting was adjourned. ---PAGE BREAK--- 118 ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 0 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 0 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 48599 23251 Date: April 22, 2010 Agenda Item No. 31 - Approve Contract Phillips Lytle LLP (In Rem Foreclosure) Majority 24300 2/3rd 32400 Cortland County Legislature May 27, 2010 6:00 P.M. Minutes Order of Business Chairman Williams opened the meeting at 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. Mr. Waldbauer was absent. Approval of Minutes Mr. Troy made a motion to approve the Minutes of April 22, 2010. Seconded by Mr. Parker. All members voting in favor; none opposed. The minutes were approved as printed. ---PAGE BREAK--- 119 Privilege of the Floor No one signed up to speak during Privilege of the Floor. Proclamations & Recognitions The Clerk read a proclamation stating the County Legislature’s commitment to uphold and enact all aspects of the Americans With Disabilities Act. The Clerk recognized the Cortland County Champion St. Mary’s Drug Quiz Show Team. Mr. Spaulding presented the recognition to the team. Receive & File Ms. Price made a motion to Receive & File the Mr. Larry Tingley’s letter of resignation, and the Mortgage Tax Distribution (October 1, 2009 –March 31, 2010). Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. New Business Chairman Williams asked that Agenda Item No. 5 be considered first. There were no objections. Agenda Item No. 5 – Appoint County Administrator/Authorize Contract On motion of Mr. Williams. Seconded by Mr. Troy. Mr. Williams said that there is a change that needs to be made to the proposed contract, and referenced the vacation days provided Mr. Murphy in his first year of employment, and that the contract should read 12 days, rather than 20 days. There were no objections. Mr. Pace thanked Ms. Briggs, Ms. Arnold and Mr. Willcox for the work they have done on the search committee, and Personnel Director Annette Barber for her assistance in the search process. Chairman Williams called for a roll-call vote. (See attached). All members present voting in favor, except Ms. Briggs. The motion was approved with a weighted vote of 42,994. Agenda Item No. 5 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 154-10 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 the County Legislature, shall perform the functions of a Chief Administrative Officer with the County Legislature retaining final administrative authority, AND WHEREAS, the Office of County Administrator is currently vacant, AND WHEREAS, a Search Committee of the Cortland County Legislature has conducted interviews; NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby appoint Martin D. Murphy, 81 Mulflur Road, Saranac Lake, New York, to serve as County Administrator subject to the terms and conditions of the Employment Agreement attached hereto, for a term to expire December 31, 2011, AND BE IT FURTHER ---PAGE BREAK--- 120 RESOLVED, that Martin D. Murphy shall receive as County Administrator an annual salary of ninety thousand dollars ($90,000), which may increase to ninety-five thousand dollars ($95,000) after six months of employment contingent upon a satisfactory evaluation by the Cortland County Legislature; AND BE IT FURTHER RESOLVED, that after the initial six month evaluation, the County Legislature shall annually evaluate the County Administrator’s job performance in accordance with the terms set forth in the attached employment agreement; 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. Chairman Williams recognized Mr. Murphy, who thanked the Legislature and said he is looking forward to working in Cortland County. Chairman Williams referenced two resolutions on the legislator’s desks, that did not pass through committee, and were not on the agenda, but are time sensitive. He asked the legislature to suspend the Rules of Order to consider the resolutions. Mr. Troy made a motion to suspend the Rules of Order. Seconded by Mr. Cornell. All members voting in favor. Authorize Agreement/Amend Budget – Crawford & Stearns On motion of Mr. Williams, Seconded by Mr. Cornell. Ms. Briggs explained that the Pavilion at Little York Lake and Dwyer Park is in need of repair. Previous estimates have proven to be cost prohibitive, and that Thoma Development has presented a proposal to write a grant for renovations and painting. One of the requirements of the grant is having a building assessment done. This resolution is to contract with Crawford & Stearns for the assessment. The second and follow-up resolution would be to contract with Thoma Development to write the grant. The grant is due July 12, which is prior to the next Legislative Session. Mr. Thoma explained the process of applying for an Environmental Protection Grant, which is “very competitive.” He added that the grant would likely not be funded if it was just for painting the pavilion, but if other work needs done then he would be willing to submit the application. Mr. Hartnett asked if the dam could be considered part of the park and be included in this grant application. Mr. Thoma said the maximum amount of a grant would be $400,000, and the estimated cost of the dam is about $1 million. Mr. Thoma added that there is a 25 % matching portion of the grant, which can be cash, or in-kind services. Mr. Williams suggested contracting for the building assessment, and reviewing the findings, prior to contracting with Thoma Development. He said a special meeting of the legislature could be called to consider contracting with Thoma Development. Ms. Gofkowski asked who would administer the grant and do the necessary follow up work. Mr. Thoma said that work could be done by a private contractor or project engineer, which would be included in the grant application. All members present voting in favor, except Mr. Park, Mr. Bushnell and Mr. Hartnett. The motion was approved, and the resolution became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 155-10 Authorize Agreement/Amend Budget – Crawford & Stearns Cortland County Legislature/Dwyer Park Pavilion ---PAGE BREAK--- 121 WHEREAS, Cortland County owns property at Dwyer Memorial Park and the building known as the Pavilion at said park is in need of repair, AND WHEREAS, Cortland County intends to apply for an Environmental Protection Fund grant application for historic preservation and renovations to the Pavilion, which requires a needs assessment of the building, AND WHEREAS, Crawford & Stearns has submitted a proposal which includes a site visit, general work scopes, and conceptual cost estimates, as well as a letter report format for use with the grant application for a fee not to exceed $2,000 including travel expenses, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval of the County Attorney as to form, is hereby authorized and directed to enter into an agreement with Crawford & Stearns, 134 Walton Street, Syracuse, New York 13202, for the services stated above, with a cost not to exceed $2,000, AND BE IT FURTHER RESOLVED that a professional services line (A71105 54055) be created in the 2010 Dwyer Park Budget, and that said budget be amended as follows: Decrease Expense: A71105 54076 B&G Expenses $2,000 Increase Expense: A71105 54055 Professional Services $2,000 The Legislature chose not to consider a resolution to contract with Thoma Development until after reviewing the findings of the Crawford & Stearns assessment. If necessary a Special Meeting of the Legislature will be called. New Business Agenda Item No. 1 – Appointing Members to the Cortland County Board of Ethics On motion of Mr. Williams. Seconded by Mr. Park. All members present voting in favor, except legislators Bushnell and Hartnett. Chairman Williams thanked Mr. Waldbauer and Mr. Troy for the time they served on the Board. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 156-10 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 ---PAGE BREAK--- 122 WHREAS, Resolution 2-09 appointed five members to the Board of Ethics, AND WHEREAS John Troy and Eugene Waldbauer have resigned from the board, and the term of Eugene Smith has expired, NOW THEREFORE BE IT RESOLVED, that Andrew Palm, 112 Tompkins Street, Cortland, NY 13045, will fill the vacant seat of John Troy, set to expire 1/22/13, AND BE IT FURTHER RESOLVED that Joanne Henry, 109 Madison Street, Cortland, NY 13045, will fill the vacant seat of Eugene Waldbauer, set to expire 1/22/13, AND BE IT FURTHER RESOLVED, that Lou Anne Randall, 6984 East Keeney Road, Cuyler, NY 13158 is hereby appointed to the Board of Ethics for a term to expire 12/31/2014. Agenda Item No. 2 – Appoint/Re-appoint Members – Community Services Board On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 157-10 Appoint/Re-appoint Members Community Services Board Mental Health WHEREAS, David Jacobson has resigned from the Community Services Board, NOW THEREFORE BE IT RESOLVED, Kimberly McRae Friedman, 2151 Ames Road, Cortland, NY 13045 is hereby appointed to fill the remainder of said term, set to expire 12/31/2011. Agenda Item No. 3 – Appoint Members – Mental Retardation/Developmental Disabilities Subcommittee – Community Services Board On motion of Mr. Williams. Seconded by Mr. Cornell. Mr. Pace said the name Judith Murphy needed to be taken off the resolution. There were no objections. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 158-10 Appoint Members Mental Retardation/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 MRDD Subcommittee members are appointed through the Cortland County Legislature, AND ---PAGE BREAK--- 123 WHEREAS, the seats held by David Jacobsen and Katherine Mead have become vacant, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM Ann Doyle 1/1/10 – 12/31/13 70 Lincoln Ave Cortland, New York Agenda Item No. 4 – Appoint Part-Time Director of Community Mental Health Services – Cortland County Mental Health Department On motion of Mr. Williams. Seconded by Mr. Cornell. Mr. Pace asked that a friendly amendment be made. There were no objections. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 159-10 Appoint Part-Time Director of Community Mental Health Services Cortland County Mental Health Department WHEREAS, the Community Services Board, at its May 12, 2010 meeting, agreed with the recommendation from the County Administrator that the Community Services Board consider appointing a retired Community Services Director on a part-time basis to assist in the assessments of the duties and responsibilities of the Director position in the Mental Health Department, AND WHEREAS, in conformance with a Memorandum of Understanding between the Community Services Board and the Cortland County Legislature, the County Administrator, members of the Public Health Committee and the Community Services Board met on May, 19, 2010 to consider the part-time appointment of a Community Services Director; AND WHEREAS, upon recommendation, the Community Services Board has appointed Paul LeBlanc, 221 Parkview Drive, Harpursville, NY as the Cortland County Community Services Director on a part- time basis up to 15 hours per week beginning June 1, 2010, AND WHEREAS, pursuant to the Memorandum of Understanding, the Community Services Board requests the County Legislatures concurrence of Mr. LeBlanc’s appointment to the position of Community Services Director, part-time; AND RESOLVED, that the Cortland County Legislature does hereby concur with the appointment of Mr. LeBlanc, 221 Parkview Drive, Harpursville, NY at an hourly rate of $47.6507 Management Compensation Plan, non-competitive class grade 1, step 6 up to 15 hours per week for up to six months, or until a permanent Director of Community Mental Health Services is appointed, whichever is sooner. Agenda Item No. 6 – Resolution to Recommend and Request that the State of New York Delay the Implementation of the Ignition Interlock Provisions of Leandra’s Law On motion of Mr. Park. Seconded by Mr. Cornell. Ms. Gofkowski explained that this is another un- funded state mandate and that the Probation Department, Sheriff’s office and other county departments are working to see the best way to proceed. She said additional funds may be needed by one of these ---PAGE BREAK--- 124 departments to implement the program. All members voting in favor; none opposed. Agenda Item No. 6 became: ON A MOTION OF MR. PARK RESOLUTION NO. 160-10 To Recommend And Request That The State Of New York Delay The Implementation Of The Ignition Interlock Provisions Of Leandra’s Law WHEREAS, in late 2009 New York State enacted and passed into Legislation “Leandra’s Law” which added the category of “Child In Vehicle” to DWI Offenses, that has already been implemented; and, which added a section to the Vehicle & Traffic Law requiring the installation and use of an Ignition Interlock Device as part of all DWI sentences in New York State, to be implemented effective August 15, 2010, AND WHEREAS, the Legislation provided no direction or resources whereby the Ignition Interlock section of this legislation could be implemented, AND WHEREAS, in accordance with the request of the Law, the NYS DPCA has prepared a Proposed Rule to direct the implementation of this law, AND WHEREAS, the proposed Rule does not demonstrate how the Counties are to organize and/or support the implementation of this Program, and requires each County to demonstrate how the County will implement and fund this Program, AND WHEREAS, the Cortland County Departments of Probation, District Attorney, and the Office of Sheriff have discussed this Program, AND WHEREAS, Cortland County, in this time of severe fiscal crises, does not have the resources to assume responsibility for an un-funded mandate of this magnitude, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature join with NYSAC and other appropriate statewide organizations to recommend and request that the State of New York delay the implementation of the Ignition Interlock Program for at least one or more years until appropriate resources can be identified and made available to the Counties for the implementation of this Program. Mr. Williams asked if the Legislature would consider a “Consent Agenda” for the remainder of the resolutions. There were no objections. Chairman Williams asked if there were any changes or resolutions to be taken from the consent agenda. The Clerk noted that Agenda Item No. 11 should be pulled, as a resolution is not necessary. Mr. Fuller agreed to pull Agenda Item No. 11. Ms. Gofkowski asked that Agenda Item No. 6 be pulled for discussion. Ms. Price made a motion to approve agenda item’s 7 through 34 as a Consent Agenda. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Items 7 through 34 became: ON MOTION OF MR. PARK RESOLUTION NO. 161-10 Authorize Agreement Sheriff's Department/Jail/Sheriff Empire Interpreting Service ---PAGE BREAK--- 125 WHEREAS, Empire Interpreting Service, 24 Copeland Ave., Homer, N. 13077, has agreed to enter into an agreement to furnish Cortland County Jail/Sheriff with Sign Language Interpreting for individuals or victims whom may need assistance from the Office of The Sheriff, Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Sheriff of Cortland County, upon review and approval by the County Attorney, be and hereby are authorized to contract with Empire Interpreting Service. This Agreement will be in effect from June 1, 2010 through December 31, 2011. ON MOTION OF MR. PARK RESOLUTION NO. 162-10 Award Contract Fire & Emergency Management 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 2009 NIMS Compliance Consultant, Fred M. Bachner, Jr., to perform the above-mentioned activities for the period 5/27/10 to 9/30/10 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. PARK RESOLUTION NO. 163-10 Authorize Agreement Alcohol/Substance Abuse & Referral Services (Probation/A.T.I. – Sheriff/Jail) WHEREAS, the Cortland County Probation/A.T.I. (Alternatives to Incarceration) and Sheriff’s Department/County Jail, at times, require individuals to have an Alcohol/ Substance Abuse and Referral Service agency to conduct face to face evaluations and follow-ups, AND WHEREAS, ASI of Cortland, Inc., 17 Main Street, Cortland, New York 13045, provide said services, AND ---PAGE BREAK--- 126 WHEREAS, the rates for the aforementioned services are as follows: Initial one hour face-to face Comprehensive 21 Life Area itemized evaluation - $95.00/initial one hour. One hour additional services on the case - $45.00/per hour; Additional services required on a case shall be broken into 15-minute increments at the cost of $11.25/25 minutes, AND WHEREAS, this expense is budgeted in accounts A31405.54055, A31405.54055.3600, and A31105.54055, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature, upon review and approval of the County Attorney, is hereby authorized to execute a contract with ASI of Cortland, Inc., for evaluations. ON MOTION OF MR. FULLER RESOLUTION NO. 164-10 Award Highway Construction Project – Removal of Structural Concrete on Telephone Ext. Road Bridge Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the contract to Remove Structural Concrete on the Telephone Road Extension Bridge, AND WHEREAS, the Highway Superintendent has received the following bids for the contract for the Removal Structural Concrete on the Telephone Road Extension Bridge (BIN 1061180) and they are as follows: Removal of Structural Concrete on Telephone Road Ext. Bridge (BIN 1061180) BIDDERS BID Vector Construction Corporation $54,539.50 6364 Island Road Cicero, New York 13039 Tioga Construction Co., Inc. $65,172.00 333 Gros Blvd. Herkimer, New York 13350 R. DeVincentis Construction, Inc. $76,984.00 One Brick Avenue Binghamton, New York 13901 , AND WHEREAS, the amount is not to exceed $54,539.50, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51125.54077.7290 Materials and Supplies for the Telephone Road Ext. Project, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Vector Construction Corporation, 6364 Island Road, Cicero, New York 13039 with a maximum amount not to exceed $54,539.50 ---PAGE BREAK--- 127 ON MOTION OF MR. FULLER RESOLUTION NO. 165-10 Transfer Funds/Projects Highway Department WHEREAS, the County of Cortland has experienced some difficulties obtaining the necessary right-of way for the East River Road Culvert Project, AND WHEREAS, the Cortland County Highway Superintendent has recommended transferring the contract for the East River Road Culvert awarded to Suit-Kote Corporation by resolution # 164-08 to Merrill Creek Road Culvert Project, AND WHEREAS, a change order will be needed to cover the increases in labor, materials, subcontracts and mobilization associated with the delay of the project, NOW THEREFORE BE IT RESOLVED, that with the recommendation of the Cortland County Highway Superintendent the Merrill Creek Road Culvert Project shall be awarded to Suit-Kote Corporation, AND BE IT FURTHER RESOLVED, that the change order associated with the Project delay and changes shall not exceed $10,000, AND BE IT FURTHER RESOLVED, that the 2010 County Budget be amended as follows: Decrease Expense: D51125.54077.7264 $176,885.00 E. River Rd. Culverts-Materials Increase Expense: D51125.54077.7280 $176,885.00 Merrill Creek Culvert-Materials ON MOTION OF MR. FULLER RESOLUTION NO. 166-10 Award Highway Construction Project – Service and Material Contracts – Telephone Road Extension Bridge Highway Department WHEREAS, the Highway Superintendent will be required to procure various services and materials for the rehabilitation of the Telephone Road Ext. Bridge, BIN 1061180, AND WHEREAS, the Highway Superintendent will obtain quotes for the various services and materials for the Telephone Road Ext. Bridge, BIN 1061180, AND WHEREAS, the Highway Superintendent will purchase the necessary services and materials in a manner that will be in the best interest of the County, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51125.54077.7290 Materials and Supplies for the Telephone Road Ext. Bridge Rehabilitation Project, AND BE IT FURTHER ---PAGE BREAK--- 128 RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute all necessary agreements with a maximum not to exceed the amount appropriated by the Legislature in the 2010 budget. ON MOTION OF MR. FULLER RESOLUTION NO. 167-10 Award Highway Construction Project – Stay-In-Place Forms – Telephone Road Extension Bridge Highway Department WHEREAS, the Highway Superintendent advertised bids for the installation of stay-in-place forms & stud shear connectors on Telephone Road Ext. Bridge, BIN 1061180, AND WHEREAS, the Highway Superintendent has received the following quotes for the installation of stay-in-place forms & stud shear connectors on Telephone Road Ext. Bridge, BIN 1061180 and they are as follows: Installation of Stay-in-Place Forms & Stud Shear Connectors on Telephone Road Ext. Bridge, BIN 1061180 FIRM QUOTE Northern Stud Welding, LLC $14,750.00 2050 Western Ave. Guilderland, New York 12084 J&B Welding, Inc. $16,421.32 229 North Main Street Coopersburg, PA 18036 , AND WHEREAS, the amount is not to exceed $14,750.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51125.54077.7290 Materials and Supplies for the Telephone Road Ext. Bridge Rehabilitation Project, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Northern Stud Welding, LLC, 2050 Western Ave., Guilderland, New York 12084, with a maximum amount not to exceed $14,750.00. ON MOTION OF MR. FULLER RESOLUTION NO. 168-10 Amend 2010 Budget Recognizing Payment for Pavement Markings Highway Department ---PAGE BREAK--- 129 WHEREAS, the Town of Cortlandville Highway Superintendent has requested the Cortland County Highway Department to apply pavement markings to the Town of Cortlandville Roads, AND WHEREAS, the Cortland County 2010 Budget did not include funds for application of pavement markings on the Town’s roads, AND WHEREAS, the revenue to be received from the Town of Cortlandville has been requested by the Cortland County Highway Superintendent to apply pavement markings on the Town of Cortlandville Roads, 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 2010 County Budget be amended as follows: Increase: Revenue D511042.42300 Town of Cortlandville $ 8,000.00 Expense D33105.54007 Maintenance Supplies $ 8,000.00 , 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 a contract with the town of Cortlandville for the completion of the above services. ON MOTION OF MR. FULLER RESOLUTION NO. 169-10 Award Scrap Tire Removal & Recycling Contract – Highway Department/Landfill WHEREAS, the Highway Superintendent advertised for and received bids for Scrap Tire Removal & Recycling, AND WHEREAS, the Highway Superintendent has received the following bids for Scrap Tire Removal & Recycling and they are as follows: Scrap Tire Removal & Recycling BIDDERS BID Contento’s Per Ton----$78.00 PO Box 588 Per Load---$495.00 Cortland, NY 13045 , AND ---PAGE BREAK--- 130 WHEREAS, the amount is not to exceed $ 14,000.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL81605.54620 Tire Disposal, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Contento’s, P.O. Box 588, Cortland, NY 13045 , with a maximum amount not to exceed $14,000.00. ON MOTION OF MR. FULLER RESOLUTION NO. 170-10 Award Household Hazardous Waste Contract – Highway Department/Landfill WHEREAS, the Highway Superintendent advertised for and received bids for The Collection and Disposal of Household Hazardous Waste, AND WHEREAS, the Highway Superintendent has received the following bids for The Collection and Disposal of Household Hazardous Waste and they are as follows: Household Hazardous Waste BIDDERS BID Clean Venture, Inc. $45.00 Per Car 202 South First St. $6,500.00 Minimum Charge Elizabeth, NJ 07206 No Charge for Testing Unknowns MXI Environmental Services, LLC $55.00 Per Car 26319 Old Trail Road $5,000.00 Minimum Charge Abimgdon, VA 24210 No Charge for Testing Unknowns , AND WHEREAS, the amount is not to exceed $ 8,000.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account EL81605.54625 Garbage for the Collection and Disposal of Household Hazardous Waste, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with Clean Venture, Inc., 202 South First St., Elizabeth, NJ 07206 , with a maximum amount not to exceed $8,000.00. ON MOTION OF MR. PACE RESOLUTION NO. 171-10 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs ---PAGE BREAK--- 131 Breast & Cervical Cancer Early Detection Program WHEREAS, Resolution #203-09 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 06/30/09 – 06/29/10 which pays for screening and diagnostic services for uninsured and underinsured women in the amount of $38,189, AND WHEREAS, the Cortland County Health Dept. has been awarded an additional $5,728, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be amended as follows: Increase: Expenses: A40105.54500.4007 Ca Services Medical Fees $5,728 Increase: Revenue: A401043.43450.4007 a Services Revenue $5,728 AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with Health Research, Inc. ON MOTION OF MR. PACE RESOLUTION NO. 172-10 Appoint Member Cortland County Board of Health WHEREAS, due to the resignation of Michelle Flemmings, M.D., a vacant position for a physician exists from the Cortland County Board of Health, AND WHEREAS, New York State Regulation requires that the county Legislature may choose the medical members of the Board of Health from a list of physicians submitted by the County Medical Society, NOW THEREFORE BE IT RESOLVED, that Christopher Moheimani, M.D. residing at 5407 Brake Hill Road, Homer, New York, be and hereby is appointed to the Cortland County Board of Health to fill the remainder of the term of Michelle Flemmings, M.D., starting May 27, 2010 and ending December 31, 2010. ON MOTION OF MR. PACE RESOLUTION. NO. 173-10 Award Contract/Authorize Agreement Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities) WHEREAS, the County of Cortland is responsible for providing transportation for children with disabilities (ages birth through five years) for therapy and program participation, AND ---PAGE BREAK--- 132 WHEREAS, the County issued an RFP on April 28, 2010, for Transportation of Children with Disabilities for the 2010-2012 contract years, AND WHEREAS, the Health Committee and Budget and Finance Committees have reviewed all received RFPs and have selected a contractor who meets all of the County’s requirements, NOW THEREFORE BE IT RESOLVED, that the contract for Transportation of Children with Disabilities (Acct # A29605 54049) for the 2010-2012 contract years be awarded to First Transit Inc., 600 Vine Street, Suite 1400, Cincinnati, OH., 45202, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designee, are hereby authorized to enter into an agreement with First Transit Inc., 600 Vine Street, Suite 1400, Cincinnati, OH., 45202 for the two-year period July 1, 2010, through June 30, 2012, upon review and approval by the County Attorney. ON MOTION OF MR. PACE RESOLUTION NO. 174-10 Authorize Agreement Cortland County Health Department/Nursing Division McBee Associates WHEREAS, the Certified Home Health Agency (CHHA) provides services for which Medicare is the payee, AND WHEREAS, McBee Associates specializes in Medicare Revenue Recovery and they estimate they can recover additional Medicare Revenue for services billed for the period October 1, 2008, through December 31, 2009, for Cortland County, AND WHEREAS, McBee Associates will contract with the Cortland County Health Department to review all Medicare billings to identify missed revenue opportunities and re-bill the claims to Medicare, AND WHEREAS, McBee Associates will complete this project for 27.3% of all dollars recovered, with no direct cost to the County, 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 McBee Associates to review all Medicare PPS billings for the period October 1, 2008, through December 31, 2009. ON MOTION OF MR. PACE RESOLUTION NO. 175-10 Authorize Agreement Cortland County Health Department (Nursing Division) LLC WHEREAS, the Cortland County Health Department’s Certified Home Health Agency (CHHA) is ---PAGE BREAK--- 133 required to maintain patient records, generate reports and collect data from those records, and is also required to bill for services rendered to those patients, AND WHEREAS, the CHHA currently utilizes the integrated software system provided by LLC, AND WHEREAS, the CHHA desires to continue contracting for maintenance and upgrades of said software with LLC, at a cost of $2,696.04 per month, for the period September 1, 2010, through August 31, 2012, AND WHEREAS, this agreement shall include a ninety day extension clause, allowing the respective agreement to be extended until November 30, 2012, if a successor agreement is not executed by September 1, 2012, AND WHEREAS, this expense is budgeted in account A40115.54004 (Computer Software), 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 execute an agreement with LLC for the integrated software system. ON MOTION OF MR. ROSS RESOLUTION NO. 176-10 Amend 2010 Budget Planning Department (5311 STOA Program) WHEREAS, The County of Cortland has received a lag State Fiscal Year 2009-2010 Statewide Transportation Operating Assistnace (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, 2010 to December 31, 2010, the 2010 County Budget is hereby amended as follows: Increase: Expense: A80225.54081 5311 STOA $13,022.47 Increase: Revenue: A802243.43594 5311 STOA $13,022.47 ON MOTION OF MR. ROSS RESOLUTION NO. 177-10 Accept Grant/Authorize Agreement/Amend 2010 Budget New York State Department of Transportation (NYSDOT) Section 5316 – Job Access and Reverse Commute (JARC) Cortland County Planning Department ---PAGE BREAK--- 134 WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1), AND WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase access for recipients of public assistance and low income persons to employment, as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1, AND WHEREAS, 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 incomes, AND WHEREAS, Cortland County has been awarded FTA Section 5316 Federal funds to implement an eligible JARC service in Cortland County for a Federal Share amount of $150,000 and including the FTA required local match of $47,851., AND WHEREAS, Seven Valleys Health Coalition will serve as the project manager and will be responsible for hiring a mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and implementing an 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 is authorized, upon County Attorney approval to execute and file applications including all Annual FTA Certification and Assurances, contract/agreements or any other document required by NYSDOT on behalf of Cortland County with NYSDOT to aid in the financing of an operating assistance and/or capital/mobility management project(s) pursuant to FTA Section 5316 JARC (FTA C 9050.1), as amended, AND BE IT FURTHER, RESOLVED, that the Chairman of the Legislature upon County Attorney approval is authorized to sign an agreement with Seven Valleys Health Coalition, Inc. to serve as the project manager, AND BE IT FURTHER, RESOLVED, that the 2010 County Budget is hereby amended as follows: Increase: Expense $150,000.00 Increase Revenue $150,000.00 ON MOTION OF MR. ROSS RESOLUTION NO. 178-10 ---PAGE BREAK--- 135 Accept Grant/Authorize Agreement/Amend 2010 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.137-09 authorized a grant application under the NF program intended to fund innovative and flexible programs which identify and address the transportation needs of persons with disabilities, AND WHEREAS, Cortland County has been awarded FTA Section 5317 Federal funds to implement an eligible NF service in Cortland County for a Federal Share amount of $100,000 and including the FTA required local match of $31,826, AND WHEREAS, Seven Valleys Health Coalition will serve as the project manager and will be responsible for hiring a mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and implementing an 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 is authorized, upon County Attorney approval to execute and file applications including all Annual FTA Certification and Assurances, contract, agreements or any other document required by NYSDOT on behalf of Cortland County with NYSDOT to aid in the financing of an operating assistance and/or capital/mobility management project(s) pursuant to FTA Section 5317 NF (FTA C 9045.1), as amended, AND BE IT FURTHER, RESOLVED, that the Chairman of the Legislature upon County Attorney approval is authorized to sign an agreement with Seven Valleys Health Coalition, Inc. to serve as the project manager, AND BE IT FURTHER, RESOLVED, that the 2010 County Budget is hereby amended as follows: Increase: ---PAGE BREAK--- 136 Expense $100,000.00 Increase: Revenue $100,000.00 ON MOTION OF MR. PACE RESOLUTION NO. 179-10 Amend Budget Reappropriate LGRMIF Funds from 2009 Clerk of the Legislature/Historian WHEREAS, funds that had been awarded to the County through the New York State Archives Local Government Records Management Improvement Fund (LGRMIF) for the implementation of grant number [PHONE REDACTED] for a mobile shelving unit to be installed at the Cortland/City Records Center had not been expended in the County budget for 2009, AND WHEREAS, these monies must be expended by June 30, 2010, NOW THEREFORE BE IT RESOLVED that the County Treasurer be authorized to amend the 2010 budget as follows: Revenue A10105 52010 1413 County Clerk Mobile Shelving $36,408.00 Expense A10105 52010 1413 Mobile Shelving unit/tracks $36,408.00 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 180-10 Re-appoint Members Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board WHEREAS, pursuant to Section 117 of the Workforce Investment Act of 1998, the Governor of the State of New York has authorized and directed the Chief Local Elected Officials of the Cortland and Cayuga Counties, which have been designated as a Workforce Area, to appoint members to the Workforce Investment Board for said Area, NOW THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below: Cortland Appointments Name Address Sector Term Chris Calabro Cortland, NY Private Sector 7/1/10-/30/13 Charles R. Feiszli Cortland, NY Private Sector 7/1/10-6/30/11 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 181-10 Authorize Cayuga-Cortland Workforce Investment Board ---PAGE BREAK--- 137 to Reduce Board Membership from 35 Members to 27 members WHEREAS, the Workforce Investment Act of 1998 seeks to streamline the internal workings of several major pieces of workforce relate legislation and mandates a much closer local collaboration through a One-Stop Delivery System for employers and job seekers, AND WHEREAS, the New York state plan for complying with the requirements of the new legislation calls for the establishment of a Workforce Investment Board to set policy for Workforce Investment System, AND WHEREAS, the Cayuga-Cortland Workforce Investment Board was originally created to be a 35 member board, AND WHEREAS, it has become apparent that this board would be better served by streamlining operations, AND WHEREAS, the Cayuga-Cortland Workforce Investment Board has studied the new Technical Advisory TA #01-19.1 dated March 2, 2010, which rescinds and replaces TA #1-19 dated June 28, 2001, the Board is hereby recommending a composition of 14 Private Sector Members and 13 Public Sector Members, AND WHEREAS, these 27 members are recommended to be apportioned as 5 Regional members, 12 Cayuga County members and 10 Cortland County members for a total of 27 members, AND WHEREAS, the Cortland County legislature hereby endorses reducing the size of the Cayuga- Cortland Workforce Investment Board from 35 to 27, NOW THEREFORE BE IT RESOLVED, that the following persons be and hereby are appointed to serve on the Cayuga- Cortland Workforce Investment Board for the term and from the sector listed below: Regional Appointments Name Address Sector Term 1. Edward Herrling Auburn, NY WIA Title 1 Adult, Dislocated Worker, Youth, WtW, NAFTA, TAA 7/1/10-6/30/13 2. Dennis Donahue Syracuse, NY Employment Services, Wagner Peyser, Veterans, E&T, Unemployment Insurance 7/1/08-6/30/11 3. Duane Watson Syracuse, NY Vocational Rehabilitation 7/1/09-6/30/12 4. Robin Sandwick Tully, NY Senior Community Service Employment Program 7/1/09-6/30/12 5. Theresa Walsh Auburn, NY Community Service Block Grant 7/1/10-6/30/13 ---PAGE BREAK--- 138 Cortland Appointments Name Address Sector Term 1. Everett Boise Cortland, NY Private Sector 7/1/09-6/30/12 2. Tom Brown Cortland, NY Private Sector 7/1/08-6/30/11 3. Chris Calabro Cortland, NY Private Sector 7/1/10-6/30/13 4. Charles Feiszli Cortland, NY Private Sector 7/1/10-6/30/11 5. Shawn Riley Cortland, NY Private Sector 7/1/08-6/30/11 6. Laurie Sperger Homer, NY Private Sector 7/1/09-6/30/12 7.Carl Haynes Groton, NY Adult, Post-Secondary & Adult Education 7/1/08-6/30/11 8. Vacant Organized Labor 9. Barbara French Syracuse, NY Community Based Organization 7/1/09-6/30/12 10. Dan Dineen Cortland, NY Economic Development 7/1/09-6/30/12 ON MOTION OF MRS. PRICE RESOLUTION NO. 182-10 Accept Grant/Amend Budget Department of E&T Grant Administration Disability Program Navigator WHEREAS, the New York State Department of Labor has advised us they will make carry in funds available to the Cayuga-Cortland Workforce Investment Area for the Disability Program Navigator to cover the time period July 1, 2010 through sometime in August 2010, AND WHEREAS, these funds are to be used in accordance with the plan to subcontract full time Disability Program Navigators in each of our two One-Stop Centers located in Cayuga County and Cortland County, NOW THEREFORE BE IT RESOLVED, the Chairman of Legislature and Cortland County E&T Grant Administrator, upon review and approval by the County Attorney, be and hereby are authorized to modify the existing subcontracts with the J.M. Murray Center, Inc. and Unity House of Cayuga County for the services of two full time Disability Program Navigators, AND BE IT FURTHER RESOLVED, the Program Year 2009 (July 1, 2009-June 30, 2010) agency budget shall be amended by increasing the following accounts: Increase: PY’09 Mod Rev. PY’09 Revenue: C29943744 Work Incentive Grant Disability Program Navigator Grant $75,000.00 $18,750.00 $93,750.00 Increase: Expense: C292500 51 Work Incentive Grant Disability Program Navigator Admin. Wages $ 4,800.00 $1,200.00 $ 6,000.00 ---PAGE BREAK--- 139 C292500 54 Work Incentive Grant Disability Program Navigator Admin. Cont. $ 400.00 $ 100.00 $500.00 C292500 58 Work Incentive Grant Disability Program Navigator Admin. Fringes $ 2,300.00 $ 575.00 $ 2,875.00 C292510 51 Work Incentive Grant Disability Program Navigator Wages $52,200.00 $13,050.00 $65,250.00 C292510 58 Work Incentive Grant Disability Program Navigator Fringes $15,300.00 $ 3,825.00 $19,125.00 ON MOTION OF MS. ARNOLD RESOLUTION NO. 183-10 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office RESOLVED, that the apportionment of the current mortgage tax monies between the towns of Cortlandville, Homer, and Marathon and the villages therein, as submitted by the Budget and Finance Committee, be approved, AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized to make apportioned payments to each of the several tax districts within the County of Cortland of mortgage tax monies as shown below: Mortgage Tax Apportionment between Towns and Villages located therein. Apportionment is based upon the taxable assessed valuation of the Town and Village. October 1, 2009 - March 31, 2010 Cortlandville Village of McGraw $ 3,008.36 Village of Homer $ 555.49 Town of Cortlandville $ 129,061.58 $ 132,625.44 Homer Village of Homer $ 8,563.80 Town of Homer $ 30,548.39 $ 39,112.19 ---PAGE BREAK--- 140 ON MOTION OF MS. ARNOLD RESOLUTION NO. 184-10 Authorize Release Of Lien County Attorney WHEREAS, Cortland County filed the following judgments in Schuyler County against Robert E. Shutts, Jr.: $1,217.01 filed and docketed in the Schuyler County Clerk’s Office on March 30, 1998; and $4,349.77 filed and docketed in the Schuyler County Clerk’s Office on February 5, 2001; and $5,116.08 filed and docketed in the Schuyler County Clerk’s Office on January 13, 2003, AND WHEREAS, Robert E. Shutts, Jr. was the purchaser of certain real property in Schuyler County known as 2205 C.R. 19, Watkins Glen, New York, pursuant to a land contract, AND WHEREAS, Robert E. Shutts, Jr. defaulted on his land contract to purchase the above property and conveyed his interest, without consideration, to Ronald Rhodes, AND WHEREAS, Cortland County has no interest or lien attached to the subject property, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute a release of lien of its judgment against the premises known as 2205 C.R. 19, Watkins Glen, New York. ON MOTION OF MS. ARNOLD RESOLUTION NO. 185-10 Amend Policy and Procedure on the Collection, Handling and Disbursement of Departmental Funds WHEREAS, Resolution 424-06 established Policies and Procedures for the collection, handling and disbursements of departmental funds, AND WHEREAS, there is a need to amend that policy to get the funds to the appropriate department in the most timely way, NOW THEREFORE BE IT Marathon Village of Marathon $ 2,171.86 Town of Marathon $ 9,479.94 $ 11,651.80 ---PAGE BREAK--- 141 RESOLVED, that the policy be amended as attached. ATTACHMENT Cortland County Policy and Procedures Collection, Handling and Disbursement of Departmental Funds PURPOSE: This policy is designed to provide a uniform set of regulations and procedures applicable to all County Departments, Offices and Agencies that have responsibility for directly collecting, handling or disbursing funds, insure to the security and safeguarding of those funds and provide for the appropriate oversight and audit. POLICY: Departments involved in the collection or handling of funds in connection with the conduct of official County business shall be subject to regulations and procedures, which in every reasonable way, provide for full accountability and control so as to insure the security and safeguarding of those funds. The County Treasurer as Chief Fiscal Officer of the County shall have a primary role in overseeing the handling of and accounting for County funds. 1-6 In order to optimize the cash flow of the County and to maximize investment income, County funds collected shall be paid over to the County Treasurer as frequently as possible. REGULATIONS AND PROCEDURES: 1) Collection of County Fees and Payments. Department Heads shall be responsible for the collection of fees and payments due to the County either as a result of goods or services delivered or provided by their department or pursuant to that department's other duly authorized or designated governmental responsibility. County fees and payments collected shall be at rates established by law or regulation, as provided for in duly authorized contracts or as otherwise established by the County Legislature. Unless otherwise prescribed by law or regulation, payment for goods or services delivered by a department for which a fee is collectable shall generally be due upon delivery of the good or service. In the event that collection of a fee or payment shall not be appropriate at the time of delivery of the good or service, the department shall issue invoices or bills for such goods or services. Except as otherwise approved in writing by the County Treasurer invoices or bills shall be issued on at least a basis and shall be in a form approved by the County Treasurer. Where possible departments shall issue invoices and bills on a more frequent basis. Invoices and bills shall instruct that checks shall be made payable to the appropriate department. The County Attorney's Office shall provide legal assistance to a department as necessary to enforce collection of delinquent payment of bills and invoices issued by a department. The County Treasurer shall be notified at the close of each fiscal year in writing as to the amount of and status of invoices or bills issued and outstanding. The County Treasurer may require that such information be provided on a more frequent basis when appropriate for accounting purposes. 2) Fees and Payments Collected and Held on Behalf of Others In cases where funds collected in the form of fees or payments are to be held by department on behalf of another government agency or private concern pursuant to the provisions of State or Federal statutes or regulations or pursuant to a court order, such funds shall be collected, handled, accounted for and disbursed in accordance with the requirements of such statutes, regulations or court order. To the extent ---PAGE BREAK--- 142 that this policy does not conflict with such statutes, regulations or court order, such funds shall be collected, handled, accounted for and disbursed in accordance with this policy. 3) Form of Payment Department heads shall accept as payment of funds owed to the County as provided in Section 1, either cash, check or other warrant except as provided in Section 7 herein. Unless a department has been authorized to establish a departmental bank account pursuant to Section 10 herein, all checks and warrants shall be made payable to the collecting department. In cases where a departmental bank account has been established pursuant to said Section 10, all checks and warrants shall be made payable to the department head of the collecting department by title or the department. 4) Receipts to be Provided, Restrictive Endorsement Departments collecting funds on behalf of the County or another government agency or holding funds in custody for a private concern shall provide written or mechanically generated receipts for all fees collected or monies otherwise received when such fees or monies are in the form of cash or when requested by the paying party. Written receipts shall be preprinted and numbered and shall be issued in numerical order. Copies of all receipts issued shall be kept on file in the office of the collecting department. All checks or warrants received shall be restrictively endorsed immediately upon receipt by the collecting department. In cases where funds are received in the form of a check or warrant by a department which has not been authorized to establish a checking account for deposit of such funds, such check or warrant shall be restrictively endorsed by the collecting department as follows: "For Deposit Only, Cortland County Treasurer." In cases where funds are received in the form of check or warrant by a department which has been authorized to establish a bank account for the deposit of such funds, such check or warrant shall be restrictively endorsed as follows: "For Deposit Only " (Name of Collecting Department.) 5) Handling and Accounting for Funds Collected Departments collecting or receiving monies on behalf of the County, or otherwise collecting funds in accordance with Section 3 above shall maintain a system of record keeping and internal controls which shall fully account for funds received and shall provide a system to properly secure such funds until released from the custody of the Department. 6) Payment and Deposit of County Funds Collected A) Daily Payment of County Funds Collected to County Treasurer Except as provided in Section 6. B below, County funds in the form of fees collected or payments otherwise received shall be paid over to the County Treasurer on a daily basis, toward the end of each business day, at the minimum. B) Temporary Holding and Deposit of County Funds Collected Only in cases where daily delivery or payment to the Treasurer of County funds collected is not practical (as determined by the Department Head with the written approval of the County Treasurer) or is prohibited by law or regulation are County funds collected to be held in custody for more than a day by a department. In the event that a department has been authorized to establish a departmental bank account pursuant to Section 10 of these regulations and procedures the department shall temporarily deposit funds collected in such account on a daily basis, provided, however that the County Treasurer may establish a reasonable threshold as to the amount of funds collected in a given day for which a daily deposit would not be required. C) Payment Procedure In all cases, all County funds collected during a given month shall be paid over to the County Treasurer by the collecting department prior to the tenth day of the succeeding month. Each time monies are paid over they shall be accompanied by a statement, on a form prescribed by the County Treasurer, signed by the appropriate collecting Department Head or their designee identifying the general source of the funds, identifying the period of time during which the funds were collected and certifying that the amount of ---PAGE BREAK--- 143 funds turned over represent all such funds collected during the specified time period. All checks or warrants paying County funds to the County Treasurer from a checking account established pursuant to Section 10 of this policy shall be payable to "Cortland County Treasurer." Upon receiving County funds from a Department Head the County Treasurer shall provide an appropriate receipt therefore. 7) Checks Returned for Insufficient Funds. Checks which comprise County funds paid over to a department which are returned for insufficient funds shall be subject to a service charge as provided for in Resolution No. 249 of 2002 as same may be amended from time to time. In cases where a party has previously tendered payment by check or warrant which has been returned for insufficient funds, the department may require that future payments from such party shall be made in cash or by certified check. 8) Refunds of County Fees and Payments Erroneously Collected Refunds of fees or monies erroneously collected on behalf of the County and paid over to the County Treasurer shall be made by the County Treasurer payable to the party from whom funds were originally received by the department upon receipt of a statement from the Department Head attesting to the validity of such refund. In the event that monies erroneously collected on behalf of the County are in the custody of the collecting department and the said department has a departmental checking account, such Department Head shall issue a refund subject to the written approval of the County Treasurer. 9) Departmental Petty Cash Funds. A. General Requirement Petty cash funds established by the County Legislature may be used for the purposes specified in the resolution establishing the fund. Department Heads having a petty cash fund within their department shall be cashier of such fund but may designate an employee as cashier by filing a written designation in the office of the County Treasurer. B. Documentation and Procedures Numbered preprinted petty cash slips shall be generated by the cashier and signed by the recipient for each disbursement from a petty cash fund. Each slip shall be completed in ink and shall state in numbers and words the amount of funds being disbursed. All disbursements from a petty cash fund shall be subject to submission of appropriate receipts or statements, which fully document expenses incurred. Reconciliation of each petty cash fund shall be accomplished at least once per month or each time replenishment of the fund is requested on forms provided by the County Treasurer. A request to replenish a petty cash fund shall be subject to the approval of the County Auditor in accordance with the Auditing Policy and as same may be amended from time to time. C. Petty Cash Advances Advances may be made from a petty cash fund subject to a timely reconciliation after the actual expense is determined and documented. D. Auditing of Petty Cash Funds The County Treasurer shall have the authority to audit any petty cash fund at any time, provided, however, that a petty cash fund established for the purposes of conducting criminal investigation activities shall be audited in a manner consistent with that outlined by the New York State Comptroller. E. Other The County Treasurer, subject to approval of the County Administrator, may issue guidelines, not inconsistent with this policy, which provide further direction and guidance in the administration of petty cash funds. 10) Establishment and Maintenance of Bank Accounts Unless specifically required by law, regulation or court order, establishment of bank accounts by departments and officers shall be subject to approval of the County Treasurer. Every effort shall be made to minimize the number of bank accounts established. For every bank account currently in existence, or hereafter established, for deposit of funds within the custody of a department, whether such funds shall be the property of the County or another government or private concern. There shall be on file in the County Treasurer's Office a statement signed by the custodial Department Head and the County Treasurer which ---PAGE BREAK--- 144 outlines the need for the account and the purpose or purposes for which it exists or was established. Such statement shall also identify the authorized signatories for the given account or those authorized to otherwise withdraw funds from the account. Departments shall update the statement on file with the Treasurer at such time as there is a significant change in information relating to the account. Whenever possible and economically beneficial bank accounts established pursuant to this Section shall be interest-bearing accounts. In evaluating whether to open an interest bearing account the department shall take into consideration projected interest earnings as well as service fees. All bank accounts established pursuant to this Section shall be in a commercial bank within the County. All funds deposited in a departmental bank account shall be fully secured by insurance of the Federal Deposit Insurance Corporation or obligations of New York State, obligations of the United States, obligations of federal agencies the principle and interest of which are guaranteed by the United States, obligations of any municipal corporation, school district or district corporation of the State of New York, obligations of a public authority or public housing authority of the State of New York. By the twentieth day of each month or more frequently as may be agreed to by the County Treasurer and the Department Head, each Department Head shall provide the County Treasurer with a copy of the bank statement for all bank accounts within his custody, a reconciliation of the account and a statement in a form prescribed by the County Treasurer generally describing to what extent the funds are the property of the County or are held in a fiduciary capacity for another government or private concern. The County Treasurer may periodically require that cancelled checks be produced by a department in support of bank statements and reconciliation forms. Departments authorized to establish a bank account pursuant to this Section shall, whenever possible and practical, require two signatures on all checks disbursing funds from a checking account. All disbursements from checking accounts established pursuant to this Section which are not made payable to "Cortland County Treasurer" and all withdrawals from any other departmental bank account shall be supported by appropriate documentation which shall be kept on file in the department. 11) Audit of Departmental Accounts and Records All records and accounts in the custody of a Department Head which relate to funds collected on behalf of the County shall be subject to audit at any time by the County Treasurer or by the County Auditor. The County Treasurer and County Auditor shall report to the County Administrator any findings of non- compliance with these regulations and procedures. The County Administrator shall keep the Chairman of the County Legislature and the Budget and Finance Committee of the Board informed of any incidents of non-compliance and shall initiate appropriate corrective action. 12) Clarification of Policy Any questions relative to the intent of this policy, regulations and procedures or any request for clarification of same shall be subject to a determination of the Budget and Finance Committee or if deemed necessary and appropriate by such Committee, the County Legislature. ON MOTION OF MR. WILLIAMS RESOLUTION NO. 186-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff's Department WHEREAS, the Cortland Sheriff's Department applied for and has received notification of an award from the NYS Office of Homeland Security for Equipment and Training for the period of July 1, 2010 through June 2012, NOW THEREFORE BE IT RESOLVED, the 2010 County Budget be amended as follows: ---PAGE BREAK--- 145 Increase: Revenue: A3110-43389 Homeland Security Grant $29,250.00 Expense: A31105-2015 $21,920.00 A31105-51020 Personal Services – Overtime $ 7,330.00 ON MOTION OF MR. PARK RESOLUTION NO. 187-10 Authorize Agreement/Amend Budget New York State Office of Homeland Security Grant Sheriff's Department WHEREAS, the Cortland Sheriff's Department applied for and has received notification of an award from the NYS Office of Homeland Security Grant (WM 2008 SLETPP) for Equipment and Training for the period of JULY 1, 2010 through June 2012, NOW THEREFORE BE IT RESOLVED, the 2010 County Budge be amended as follows: Increase: Revenue: A3110-43389 Homeland Security Grant (ATV) $20,000.00 Increase: Expense: A31105-2015 All-Terrain Vehicle $15,000.00 A31105-51020 Personal Services – Overtime $5,000.00 Announcements Mr. Fuller announced that he, Don Chambers and any other legislators that would like to attend, are going on a tour of the county roads and bridges. Adjournment Following the Executive Session, Mr. Troy made a motion to adjourn the meeting. Seconded by Mr. Hartnett. The meeting was adjourned. ROLL CALL VOTE Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 ---PAGE BREAK--- 146 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 2320 48599 42994 Date: 5/27/2010 Agenda Item No. 5 - Appoint County Administrator/Authorize Contract Majority 24300 2/3rd 32400 Cortland County Legislature June 24, 2010 6:00 P.M. Minutes Public Hearing The Clerk announced notice of the Public Hearing to consider the 2010-2011 Tompkins Cortland Community College Budget. Chairman Williams opened the public hearing. There was no one who wished to speak in favor or opposed to the budget. Chairman Williams closed the meeting. Order of Business Chairman Williams opened the meeting at 6:02 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present. Approval of Minutes Mr. Troy made a motion to approve the Minutes of May 27, 2010. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor No one signed up to speak during Privilege of the Floor. Receive & File Ms. Price made a motion to Receive & File the 2009 Cortland County Public Defender’s Office Annual Report, the 2009 Area Agency on Aging Annual Report, and the TC3 Proposed Operating Budget. Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. Reports of Standing, Special and Ad-Hoc Committees ---PAGE BREAK--- 147 Mr. Williams said that he is required to give a State of the County Address, which he will do at the July meeting of the Legislature with hopes that a State Budget will be in place. New Business Troy asked TC3 Budget, Agenda Item No. 35, be considered first. There were no objections. Agenda Item No. 35 – Adopt 2010-2011 Operating Budget – Tompkins Cortland Community College On motion of Ms. Arnold Seconded by Mr. Troy. President Haynes stated that there is a $2.2 million increase in the “bottom line” of the budget. There is a 5% cut in State aid, and a 5% increase in tuition. There will also be an estimated 4.6% increase in enrollment. Based on the formula for sponsor share, which is based on enrollment from each county, Cortland County will see a reduction of $42,539 in sponsor share. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 188-10 Adopt 2010-2011 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, 2010 through August 31, 2011, AND WHEREAS, a public hearing on said budget has been held on June 24, 2010, pursuant to notice duly published, NOW THEREFORE BE IT RESOLVED, that said operating budget in the amount of $35,390,806 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 2011 an amount to be determined pursuant to a plan for said college adopted by Resolution No. 129 for the year 1966, as amended by Resolution No. 128 and 131 for the year 1971, totaling approximately $1,574,319 as Cortland County’s share of the total Sponsoring Community Contribution of $4,254,915, AND BE IT FURTHER RESOLVED, that this resolution shall become effective upon adoption of a concurrent resolution by the Tompkins County Legislature. Unfinished Business The Clerk explained that there were two resolutions to consider, the first to contract with Thoma Development for the application of an EPF grant for the Pavilion at Dwyer Memorial Park. Should this resolution be approved, the second resolution is a requirement of the grant application. Agenda Item No. 1 – Authorize Agreement/Thoma Development – Dwyer Memorial Park/NYS EPF Grant On motion of Mr. Williams. Seconded by Mr. Park. Ms. Briggs said the Highway Committee asked that a grant application be pursued. Based on this request, Crawford & Stearns provided an assessment of the building, and Thoma Development provided this proposal to write the grant. She said whether the grant is received or not, she feels there is work that needs to be done at the Pavilion. All members voting in favor, except Mr. Bushnell who was opposed. ---PAGE BREAK--- 148 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 189-10 Authorize Agreement/Thoma Development Cortland County Legislature Dwyer Memorial Park/NYS EPF Grant WHEREAS, Cortland County owns property at Dwyer Memorial Park and the building known as the Pavilion at said Park is in need of repair, AND WHEREAS, the County has received and rejected proposals for painting said pavilion because the costs to the County taxpayers were considered “excessive,” AND WHEREAS, the Cortland County Highway Committee has requested information regarding possible grant opportunities to assist in the repair and painting of the Pavilion, and Thoma Development Consultants has submitted a proposal for grant-writing services in relation to an Environmental Protection Fund grant application for historic preservation and renovations to the Pavilion, AND WHEREAS, said proposal states a fee of $2,500, including assistance concerning project scope, grant application, and meeting all EPF requirements, but excludes other associated “reimbursable” costs AND WHEREAS, said grant proposals will require a 25% County match, and are due July 12, 2010, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the county attorney as to form, is hereby authorized and directed to enter into an agreement with Thoma Development Consultants for grant-writing services in relation to Dwyer Memorial Park, with a cost not to exceed $3,000, to be paid from Account A71105 54055. Subsequent Resolution: Authorize Grant Application - NYS Office of Parks, Recreation and Historic Preservation/Dwyer Park Pavilion On motion of Mr. Fuller. Seconded by Ms. Briggs. Mr. Hartnett said that the dam needs to be considered as well and perhaps another grant could be found for that. All members voting in favor, none opposed. The subsequent resolution became: ON MOTION OF MR. FULLER RESOLUTION NO. 225-10 Authorize Grant Application NYS Office of Parks, Recreation and Historic Preservation Dwyer Park Pavilion WHEREAS, in 1904 The Cortland Traction Company purchased about 90 acres of farmland on Upper Little York Lake to develop a park for eating and dancing, AND WHEREAS, in 1906 Cephas B. Barker of Tully and Newark Valley, built what is now known as the Little York Pavilion, using materials from a demolished pavilion in the city of Cortland, AND WHEREAS, the Dwyer Park Pavilion was named to the New York State and National Historic Register in 1979 for its significance in the history, architecture, archeology, engineering, and culture of New York and the nation, AND ---PAGE BREAK--- 149 WHEREAS, the Pavilion has been open and available to the public for reunions, weddings, and other celebrations, in addition to the home of the Cortland Repertory Theatre since 1972, AND WHEREAS, since acquiring ownership of the Pavilion Cortland County has spent hundreds of thousands of dollars in the maintenance and repair of the building, including recent updates to the roof, porches, railings and more, to ensure the continued safety and enjoyment of Cortland County and Central New York residents, AND WHEREAS, the Pavilion is in need of extensive repairs, and the Cortland County Legislature wishes to restore the Pavilion in a historically accurate manner, but lacks the funds to do so, AND WHEREAS, the Cortland County Legislature has had a preliminary assessment of conditions at the Pavilion with conceptual estimates of possible costs performed by Crawford & Stearns Architects, NOW THEREFORE BE IT RESOLVED, that Jack Williams, as Chairman of the Cortland County Legislature, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $400,000, and upon approval of said request to enter into and execute a project agreement with the State for financial assistance to Cortland County for the Dwyer Park Pavilion Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Agenda Item No. 2 – Appoint/Re-appoint Members – Cortland County Planning Board On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 190-10 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 Ann Hotchkin, Chad Loomis, Brian Kenney and Craig Umbehauer are due to expire on June 30, 2010, , NOW THEREFORE BE IT RESOLVED, that the following are hereby appointed to the Cortland County Planning Board for a four-year term to run July 1, 2010 to June 30, 2014: Ann Hotchkin 671 McLean Road Cortland, NY 13045 Craig Umbehauer 2794 Lash Road Cortland, NY 13045 ---PAGE BREAK--- 150 Scott Evener 70 Clinton Street Homer, NY 13077 Wendy Miller 6 Burgett Drive Homer, NY 13077 Agenda Item No. 3 – Appoint Member – Communications Advisory Board On motion of Mr. Williams. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 191-10 Appoint Member 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 Cortland County Administrator Martin Murphy is hereby appointed to the Communications Advisory Board, AND BE IT FURTHER RESOLVED, that the appointments to this Communication Advisory Board will be for a term to expire on December 31, 2011. Agenda Item No. 4 – Adopt Cortland County Informational Security Policy/Appoint Official – Information Technology On motion of Mr. Willcox. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 192-10 Adopt Cortland County Information Security Policy/Appoint Official Information Technology WHEREAS, Cortland County possesses and is responsible for confidential information that may not be released according to various state and county laws, including documents covered under The Health Insurance Portability and Accountability Act (HIPAA), AND WHEREAS, in accordance with the “Cortland County Information Security Policy,” the responsibility and authority for the County’s information security is formalized in the Security Official (SO), NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the “Cortland County Information Security Policy” (attached hereto), AND BE IT FURTHER ---PAGE BREAK--- 151 RESOLVED, that Robert Corpora, Cortland County Director of Information Technology, is hereby appointed the Security Official, and will be responsible for maintaining, coordinating, and directing specific actions that maintain the confidentiality, the integrity, the availability and the non- repudiation of County information resources as specified in the Cortland County Information Security Policy document. Agenda Item No. 5 – Authorize Agreement – TLC Emergency Medical Services, Inc./Coroners On motion of Mr. Park. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 193-10 Authorize Agreement TLC Emergency Medical Services, Inc. Coroners WHEREAS, TLC has offered to enter into an agreement with the County for the removal/transport of deceased individuals at the request of the Cortland County Coroners, NOW THEREFORE BE IT RESOLVED, that the term of this agreement shall be January 1, 2010 to December 31, 2015, AND BE IT FURTHER RESOLVED, that during the period beginning January 1, 2010 and ending December 31, 2011 the County shall pay TLC the rate of $375.00 for each removal/transfer. Mileage will not be charged for any transport inside Cortland County. Transport outside Cortland County will be assessed five dollars ($5.00) per “loaded” mile. When available, TLC agrees to assist the Coroner’s Office with lifting bariatric decedents in the City of Cortland at no charge. Assistance outside the City of Cortland will be assessed at a rate of five dollars ($5.00) a mile (round trip mileage will be charged), AND BE IT FURTHER RESOLVED, that during the period beginning January 1, 2012 and ending December 31, 2015 the County shall pay TLC the rate of $400.00 for each removal/transport. Mileage will not be charged for any one-way transport beginning and ending inside the County of Cortland. Transport outside of Cortland County will be assessed five-dollars ($5.00) a mile, beginning with the point of pick-up and terminating at the point of delivery as determined by MapQuest. Then available, TLC agrees to assist the Coroner’s Office with lifting bariatric decedents in the City of Cortland at no charge. Assistance outside the City of Cortland will be assessed a charge of $145.00 (stand-by-charge) and five-dollars ($5.00) a mile from TLC’s Garage to the point of services, as determined by MapQuest, this assessment will be based on a round trip with the first five miles, of the round trip total, at not charge, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature, upon review by the County Attorney, be and hereby is authorized to enter into an agreement with TLC Emergency Services, Inc. 160 Homer Avenue, Cortland, New York 13045 at the rates outlined above. Agenda Item No. 6 - Authorize Easement and Removal From Tax Foreclosure Auction for the County of Cortland to Retain a Certain Portion of Parcel at 1058 Route 222, Town Of Cortlandville ---PAGE BREAK--- 152 On motion of Mr. Fuller. Seconded by Mr. Ross. Mr. Fuller explained that rather than put an easement on the property that would cause it to be virtually unusable to the owner, the County will simply retain the .21 acre and not put an easement on it. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 194-10 Authorize Easement and Removal From Tax Foreclosure Auction for the County of Cortland to Retain a Certain Portion of Parcel at 1058 Route 222, Town Of Cortlandville WHEREAS, the County of Cortland, by virtue of an in rem tax foreclosure proceeding has taken title to property known as 1058 Route 222 in the Town of Cortlandville (Tax Map No. 86.13-01-45.100); and WHEREAS, the property is adjacent to the Cortland County Airport (Chase Field); and WHEREAS, the County of Cortland desires to retain a certain portion of the premises known as 1058 Route 222, Town of Cortlandville, for County Airport use; and WHEREAS, the County of Cortland desires an avigation easement on said premises for approach surface and transitional surface (as described in the Code of Federal Regulations 24, FAR Part 77); NOW THEREFORE BE IT RESOLVED that the Legislature of the County of Cortland does hereby authorize the Chairman of the Cortland County Legislature, upon review by the County Attorney, to execute an avigation easement for approach surface and transitional surface for the premises known as 1058 Route 222, Town of Cortlandville, as shown Exhibit attached hereto; and it is further RESOLVED that the County of Cortland retain title to certain premises adjacent to the Cortland County Airport as shown on Exhibit attached hereto. Agenda Item No. 7 - Award Highway Construction Project – Reinforcement Bars – Telephone Road Extension Bridge/Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 195-10 Award Highway Construction Project – Reinforcement Bars – Telephone Road Extension Bridge Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the supply and installation of galvanized reinforcement bars on Telephone Road Ext. Bridge, BIN 1061180, AND WHEREAS, the Highway Superintendent has received the following bids for the supply and installation of galvanized reinforcement bars on Telephone Road Ext. Bridge, BIN 1061180 and they are as follows: ---PAGE BREAK--- 153 Supply & Installation of Galvanized Reinforcement Bars on Telephone Road Ext. Bridge, BIN 1061180 BIDDERS BID Whitacre Engineering Company Materials Only $26,327.00 4522 Wetzel Rd. Materials and Installation $40,400.00 Liverpool, NY 13090 Tarco Steel Materials Only $21,500.00 13 Spud Lane Materials and Installation No Bid Binghamton, NY 13904 , AND WHEREAS, the amount is not to exceed $21,500, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account D51125.54077.7290 Materials and Supplies for the Telephone Road Ext. Bridge Rehabilitation Project, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature awards the purchase of Galvanized Steel Reinforcement Bars to Tarco Steel, 13 Spud Lane, Binghamton, NY 13904, with a maximum amount not to exceed $21,500.00. Agenda Item No. 8 – Rental Contract – Highway Department/Cortland County Fairgrounds On motion of Mr. Fuller. Seconded by Ms. Price. Mr. Purser said the amount needs to be changed from $2,500 to $2,650 to accommodate for liability insurance coverage. There were no objections. All members voting in favor; except Mr. Ross, who was opposed. Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 196-10 Rental Contract - Highway Department/Cortland County Fairgrounds 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 2010-2011 winter season with the Cortland County Agricultural Corporation for a fee of $2,650.00, to be charged to account E51305.54015 – Building Maintenance/Contracts. Agenda Item No. 9 – Authorize Agreement/NYS Page Green Rd., Phase III On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 197-10 ---PAGE BREAK--- 154 Authorize Agreement/New York State Page Green Rd., Phase III P.I.N. – 3754.54 WHEREAS, the Highway Committee desires to Authorize the implementation, and funding in the first instance 100% of the Federal-Aid Program-aid eligible costs, of a transportation Federal-Aid project, and appropriating funds therefore, AND WHEREAS, the funding for the Reconstruction of Page Green Road (C.R. 122) Phase III, P.I.N. 3754.54 was approved by Resolution 48-09, AND WHEREAS, the project for the Reconstruction of Page Green Road R. 122) Phase III, P.I.N. 3754.54 is eligible for funding under Title 23 U.S. Code, AND WHEREAS, the said project is eligible for reimbursement for a portion of the project costs through NYSDOT AID (Marchiselli aid), AND WHEREAS, Federal stimulus ARRA funds have now become available for a portion of the said project, AND WHEREAS, the current funding for the construction phase of the said project from all sources amount to $4,170,000.00 with $1,866,400.00 in Federal Share, $1,837,000.00 in Federal stimulus ARRA funds, $349,950.00 in State Marchiselli Funds and a Local Share of $116,650.00, AND WHEREAS, Cortland County desires to advance the Project by making a commitment of 100% of the non-federal share of Construction and Construction Inspection of the said project, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby approves the above-subject project, AND BE IT FURTHER RESOLVED, that the County Legislature hereby authorizes the County of Cortland to pay in the first instance 100% of the Federal and non-Federal share of the Construction and Construction Inspection for the Project or portions thereof, AND BE IT FURTHER RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following, an appropriation account #H51125.52600.5133 in the amount of $4,170.000.00 and revenue accounts for the Local, State and Federal shares, AND BE IT FURTHER RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated, the Legislature of Cortland County shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, AND BE IT FURTHER RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized and directed to execute all necessary Agreements, certifications or reimbursements as approved to form by the County Attorney, on behalf of the County of Cortland in connection with the advancement or approval of the Project, AND BE IT FURTHER ---PAGE BREAK--- 155 RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, AND BE IT FURTHER RESOLVED, that this Resolution supersedes Resolution # 48-09, AND BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately. Agenda Item No. 10 – Award Highway Construction Project/Amend Budget – Reconstruction of Page Green Road (CR122) On motion of Mr. Fuller. Seconded by Mr. Bushnell. Mr. Fuller said that the second resolved must state “Contingent Upon Approval by the New York State Department of Transportation.” Mr. Cornell made a motion to amend the resolution as such. Seconded by Mr. Parker. All members voting in favor of the amendment, none opposed. The resolution was amended. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER RESOLUTION NO. 198-10 Award Highway Construction Project/Amend Budget Reconstruction of Page Green Road (CR 122) Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the Reconstruction of Page Green Road (CR 122) PIN 3754.54, AND WHEREAS, Resolution 304-09 approved and awarded a contract with Popli Consulting Engineers & Surveyors to perform construction administration & inspection services on said project, AND WHEREAS, the Highway Superintendent has received the following bids for the Reconstruction of Page Green Road (CR 122) PIN 3754.54 of the and they are as follows: Reconstruction of Page Green Road (CR 122) PIN 3754.54 BIDDERS BID Suit- Kote Corp $3,442,842.00 1911 Lorings Crossing Rd. Cortland, NY 13045 BOTHAR Construction, LLC $4,146,769.48 170 East Service Road Binghamton, NY 13901 Economy Paving Co., Inc. $3,685,532.50 1819 NYS Rte. 13 Cortland, NY 13045 G. DeVincentis & Son Const., Co., Inc. $4,444,000.00 7 Belden Street ---PAGE BREAK--- 156 Binghamton, NY 13903 , AND WHEREAS, the amount is not to exceed $3,942,842.00, AND WHEREAS, it is necessary to expend the funds in the first instance, for which the county will be reimbursed 98 AND WHEREAS, the necessary funds are not within the Highway Budget, but will be transferred from, and then returned to H51125 52625 5133, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to make payment from Account H51225.54077.5133 Materials and Supplies for the Reconstruction of Page Green Road (CR 122) PIN 3754.54, 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 Suit-Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045, with a maximum amount not to exceed $3,442,842.00, Contingent Upon Approval by the New York State Department of Transportation, AND BE IT FURTHER RESOLVED, that the 2010 budget be amended as follows: Increase: Appropriation Account H51125 52625 5133 $4,170,000.00 Increase: Revenue Accounts H511243 43597 5133 $ 349,950.00 H511244 44597 5133 $ 3,703,400.00 H511249 45950 5133 $ 116,650.00 Increase: Expense Account A95990 59950 5133 $ 116,650.00 Agenda Item No. 11 – Approve Contract/Amend Budget for Engineering – Cheningo Road Bridge Replacement On motion of Mr. Fuller. Seconded by Ms. Price. All members voting; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. FULLER RESOLUTION NO. 199-10 Approve Contract/Amend Budget For Engineering Cheningo Rd. Bridge Replacement (PIN 3755.15)/Highway WHEREAS, the Replacement of Cheningo Road Bridge (PIN 3755.15) has been approved by the New York Department of Transportation and the project is to be done with 80% Federal funds and 20% Local funds, AND WHEREAS, the Replacement of Cheningo Road Bridge (PIN 3755.15) was approved by Resolution # 106-10, AND ---PAGE BREAK--- 157 WHEREAS, Barton and Loguidice, P.C. 290 Elwood Davis Rd., Syracuse, NY, has been selected to perform the engineering and design services on said project, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature, upon review and approval by the County Attorney, is hereby authorized to execute such contract with Barton & Loguidice, P.C. for engineering and design services on the project, at an estimated cost not to exceed $154,000.00, with an estimated local share not to exceed $30,800, to be paid from Account H51225.52800.2806, AND BE IT FURTHER RESOLVED that the 2010 budget be amended as follows: Decrease: A19905 54775 Contingency Funds $30,800 AND BE IT FURTHER RESOLVED, that said Contingency Funds (Account A19905 54775) will be replenished as the county is reimbursed. Agenda Item No. 12 – Authorize Contract/Highway Department/Town of Cincinnatus (Snow and Ice – County and State Roads) On motion of Mr. Fuller. Seconded by Mr. Hartnett. Mr. Fuller said the difference between this and the following resolutions is that Cincinnatus does have a small section of state roads that they will be plowing on behalf of the county. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 200-10 Authorize Contract/Highway Department Town of Cincinnatus (Snow and Ice – County and State Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County and State Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Cincinnatus to control snow and ice on 4.05 miles of County roads during the 2010-2011 snow season for the amount of $ 13,365.00, to be paid as follows: One-fourth in November 2010 ($3,341.25), One-fourth in February of 2011 ($3,341.25) and One-half in April of 2011 ($6,682.50), AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for Snow and Ice Control on State Roads, which the County maintains for Snow and Ice removal by separate time and material contract with the State of New York, AND WHEREAS, the Highway Committee of the Legislature has recommended that the County enter into ---PAGE BREAK--- 158 an agreement with the Town of Cincinnatus to control snow and ice on 8.01 miles of State Roads during the 2010-2011-snow season for an amount not to exceed $38,000. Payments will be paid upon receipt of actual costs submitted and approved by the County Highway Superintendent, NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Cincinnatus subject to the County Attorney’s review and approval as to form. Agenda Item No. 13 - Authorize Contract/Highway Department/Town of Homer (Snow and Ice – County Roads) On motion of Mr. Fuller. Seconded by Mr. Hartnett. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 201-10 Authorize Contract/Highway Department Town of Homer (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Homer to control snow and ice on 7.72 miles of County roads during the 2010-2011 snow season for the amount of $ 25,476, to be paid as follows: One-fourth in November 2010 ($6,369.00), One-fourth in February of 2011 ($6,369.00) and One-half in April of 2011 ($12,738.00) NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Homer subject to the County Attorney’s review and approval as to form. Agenda Item No. 14 – Authorize Contract/Highway Department/Town of Lapeer (Snow and Ice – County Roads) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 202-10 ---PAGE BREAK--- 159 Authorize Contract/Highway Department Town of Lapeer (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Lapeer to control snow and ice on 9.30 miles of County roads during the 2010-2011 snow season for the amount of $ 30,690.00, to be paid as follows: One-fourth in November 2010 ($7,672.50), One-fourth in February of 2011 ($7,672.50) and One-half in April of 2011 ($15,345.00), NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Lapeer subject to the County Attorney’s review and approval as to form. Agenda Item No. 15 - Authorize Contract/Highway Department/Town of Marathon (Snow and Ice – County Roads) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. FULLER RESOLUTION NO. 203-10 Authorize Contract/Highway Department Town of Marathon (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Marathon to control snow and ice on 7.67 miles of County roads during the 2010-2011 snow season for the amount of $ 25,311.00, to be paid as follows: One-fourth in November 2010 ($6,327.75), One-fourth in February of 2011 ($6,327.75) and One-half in April of 2011 ($12,655.50), NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER ---PAGE BREAK--- 160 RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Marathon subject to the County Attorney’s review and approval as to form. Agenda Item No. 16 - Authorize Contract/Highway Department/Town of Solon (Snow and Ice – County Roads) On motion of Mr. Fuller. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 204-10 Authorize Contract/Highway Department Town of Solon (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Solon to control snow and ice on 2.77 miles of County roads during the 2010-2011 snow season for the amount of $ 9,141, to be paid as follows: One-fourth in November 2010 ($2,285.25), One-fourth in February of 2011 ($2,285.25) and One-half in April of 2011 ($4,570.50), NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Solon subject to the County Attorney’s review and approval as to form. Agenda Item No. 17 - Authorize Contract/Highway Department/Town of Taylor (Snow and Ice – County Roads) On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. FULLER RESOLUTION NO. 205-10 Authorize Contract/Highway Department Town of Taylor (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten ---PAGE BREAK--- 161 (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Taylor to control snow and ice on 20.39 miles of County roads during the 2010-2011 snow season for the amount of $ 67,287.00, to be paid as follows: One-fourth in November 2010 ($16,821.75), One-fourth in February of 2011 ($16,821.75) and One-half in April of 2011 ($33,643.50), NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Taylor subject to the County Attorney’s review and approval as to form. Agenda Item No. 18 - Authorize Contract/Highway Department/Town of Truxton (Snow and Ice – County Roads) On motion of Mr. Fuller. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. FULLER RESOLUTION NO. 206-10 Authorize Contract/Highway Department Town of Truxton (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Truxton to control snow and ice on .3 miles of County roads during the 2010-2011 snow season for the amount of $990.00 to be paid as follows: One-fourth in November 2010 ($247.50, One-fourth in February of 2011 ($247.50) and One-half in April of 2011 ($495.00), 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 form. ---PAGE BREAK--- 162 Agenda Item No. 19 - Authorize Contract/Highway Department/Town of Willet (Snow and Ice – County Roads) On motion of Mr. Fuller. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. FULLER RESOLUTION NO. 207-10 Authorize Contract/Highway Department Town of Willet (Snow and Ice - County Roads) WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Willet to control snow and ice on 8.95 miles of County roads during the 2010-2011 snow season for the amount of $ 29,535.00, to be paid as follows: One-fourth in November 2010 ($7,383.75), One-fourth in February of 2011 ($7,383.75) and One-half in April of 2011 ($14,767.50), NOW THEREFORE BE IT RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Willet subject to the County Attorney’s review and approval as to form. Agenda Item No. 20 – Authorize Agreement/Accept Funds – Children With Special Needs NYS Grant) On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. PACE RESOLUTION NO. 208-10 Authorize Agreement/Accept Funds Health Department/Children With Special Needs Program NYS GRANT) WHEREAS, continued funding from the NYS Department of Health is available in the amount of $18,040 for the Children with Special Health Care Needs program, for the contract period October 1, 2010 through September 30, 2011, AND WHEREAS, these funds have already been budgeted for in the 2010 budget, in Expenditure Accounts A40595.51005, $17,197 (Personnel), A40595.54001-54300.4052, $843 (Contractual) and Revenue Account A405944.44451, $18,040, NOW THEREFORE BE IT ---PAGE BREAK--- 163 RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designees, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the State of New York to accept these funds. Agenda Item No. 21 – Authorize Agreement/Accept Funds – Health Department/Nursing (Immunization Action Plan Grant) On motion of Mr. Pace. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 209-10 Authorize Agreement/Accept Funds Health Department/Nursing (Immunization Action Plan Grant) WHEREAS, the NYS Dept. of Health has awarded the Cortland County Health Dept. $30,000 for the period 4/1/10 through 3/31/11 to continue the Immunization Action Plan Grant (IAP) to improve immunization levels of people in Cortland County, AND WHEREAS, these funds are in the 2010 County budget in accounts A40105-A40115.1005-51010 $18,582 (Personnel), A40105-a40115.58020-58060 $6.028 (Fringe), A40115.54000-54078.4032 $5,390 (Contractual), and A401143.53450.4032 $30,000 (IAP Revenue), NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with the NYS Dept. of Health to accept these funds. Agenda Item No. 22 – Authorize Agreement/Accept Funds – Lead Poisoning Prevention Grant On motion of Mr. Pace. Seconded by Ms. Cobb. Mr. Pace said Cortland County has one of the highest rate of children tested for lead poisoning and he commended local healthcare professionals. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 210-10 Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant WHEREAS, State funds are available to continue the Childhood Lead Poisoning Prevention Program and Cortland County has been awarded $18,985 for the period 4/1/10 – 3/31/11, AND WHEREAS, these funds will be used to support and enhance local efforts to reduce the prevalence of elevated blood lead levels in children under six years of age through implementation of a comprehensive program of primary and secondary prevention which includes: public and professional outreach and education, collaboration with local primary care providers; screening, diagnostic evaluation, medical management and education and environmental interventions, AND ---PAGE BREAK--- 164 WHEREAS, these funds are already in the 2010 budget in A40115.51005 $2,687 (Administration Personnel), A401105.51005-1010 $7,195 (Nursing Personnel), A40125.51005 $1,153 (Environmental Health Personnel, A40105-A40115.58020-58065 $3,348 (Fringe), 40115.54001-54500.4033 $4,602 (Contractual), and A401143.43450.4033 $18,985 (Revenue), 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. Agenda Item No. 23 – Create Part-time Public Health Educator On motion of Mr. Pace. Seconded by Mr. Troy. Ms. Feuerherm said this is a grant-funded position. The services provided were previously sub-contracted, however the contractor is no longer able to provide all of the services, so this position will cover the case-management portion of the program. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 211-10 Health Department Create Part-time Public Health Educator WHEREAS, the needs of the agency will be better served by creating one part-time (up to 17 hrs/wk) position of Public Health Educator, AND WHEREAS, the Personnel and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that contingent upon receiving grant funds, one temporary, part-time (up to 17 hrs/wk) position of Public Health Educator (CSEA grade 16, $18.0724-21.9878/hr, competitive class) be and hereby is created effective July 1, 2010, AND BE IT FURTHER RESOLVED, that the 2010 Cortland County budget be amended as follows: Increase: Expense: A40105.51010 Part time Personnel $8,796 Decrease: Expense: A40105.54055.4007 Ca Svcs Professional Svcs $8,796 Agenda Item No. 24 – Authorize Grant Application – Cortland County Snowmobile Trail Development and Maintenance 2010-2011 On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. ROSS RESOLUTION NO. 212-10 Authorize Grant Application Planning Department ---PAGE BREAK--- 165 Cortland County Snowmobile Trail Development and Maintenance 2010-2011 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, 2010 to March 31, 2011, AND WHEREAS, the County will retain 7% of the grant award for administrative services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, is hereby authorized to sign a grant application for funding of Cortland County Snowmobile Trail Development and Maintenance, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, is hereby authorized to sign summary sheets related to the Snowmobile Trail Grant-In-Aid close out for the 2010-2011 period. Agenda Item No. 25 – Authorize Agreements – Cortland County Snowmobile Clubs On motion of Mr. Ross. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. ROSS RESOLUTION NO. 213-10 Authorize Agreements Planning Department Cortland County and Cortland County Snowmobile Clubs 2010-2011 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, 2010 to March 31, 2011, AND WHEREAS, it is necessary to have agreements between Cortland County and certain Cortland County Snowmobile Clubs to ensure that the clubs perform trail maintenance and grooming of existing trails throughout Cortland County and to authorize the County as the local sponsor to transfer funds from the grant to the clubs for their work and also to authorize the County to retain a 7% administration fee, 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 2010- 2011. Agenda Item No. 26 - Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form - Planning Department On motion of Mr. Ross. Seconded by Mr. Cornell. Mr. Ross explained that this is done every year and is simply stating there are no negative environmental impacts made by the Snowmobile agreements. All members voting in favor; none opposed. Agenda Item No. 26 became: ---PAGE BREAK--- 166 ON MOTION OF MR. ROSS RESOLUTION NO. 214-10 Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form Planning Department WHEREAS, Article 27 of the New York State Parks, Recreation and Historic Preservation Law establishes a mechanism for allocating funds to local governmental sponsors for the development and maintenance of snowmobile trails designated as part of the State Snowmobile Trail System, AND WHEREAS, having reviewed the criteria contained in Section 617.7, Cortland County finds that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County, AND WHEREAS, it is the County’s intent to support the development and maintenance of snowmobile trails as an important economic and recreational resource for Cortland County, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign a Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR), Article 8 of the New York State Environmental Conservation Law, stating that there will be no significant adverse environmental impact resulting from the development and use of snowmobile trails throughout Cortland County. Agenda Item No. 27 – Authorize the Use of County Worksites for Wellness Activities – Health and Wellness Committee On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 215-10 Authorize the Use of County Worksites for Wellness Activities Health and Wellness Committee WHEREAS, Cortland County and CSEA have established a joint Health and Wellness committee, AND WHEREAS, the Health and Wellness Committee is charged with promoting employee wellness through promotion of physical activity, AND WHEREAS, employees participating in committee-sponsored activities will be required to sign a release of liability, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the use of County worksites for employee health and wellness activities, subject to each participant being a county employee having signed a release of liability. Agenda Item No. 28 – Accept Bids/Authorize Purchase Area Agency on Aging – Miscellaneous Groceries and Frozen Foods ---PAGE BREAK--- 167 On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 216-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on May 27, 2010, for the period July 1, 2010 through September 30, 2010 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, 11 Dennis St., Kirkwood, NY 13795 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, 2010 through September 30, 2010. Agenda Item No. 29 – Accept Bids/Authorize Purchase – Paper Goods and Maintenance Supplies On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. PRICE RESOLUTION NO. 217-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on May 27, 2010, for July 1, 2010 through December 31, 2010 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 ---PAGE BREAK--- 168 WHEREAS, the following bids were received: Maines Paper & Food Serv, PO Box 450, 101 Broome Corp Pkwy, Conklin, NY 13748 Oliver Products Co., 445 Sixth St. NW, Grand Rapids, MI 49504 Quandt’s, PO Box 700, Amsterdam, NY 12010 Sanico, Inc., PO Box 2037, Binghamton, NY 13902 NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for July 1, 2010 through December 31, 2010. Agenda Item No. 30 – Accept Bids/Authorize Purchase – Milk and Dairy Products On motion of Ms. Price. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MS. PRICE RESOLUTION NO. 218-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products WHEREAS, bids were received on May 27, 2010, for July 1, 2010 through June 30, 2011 for the purchase of milk and dairy products in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest bidder, AND WHEREAS, the following bids were received: Hood-Crowley, 95 Court St., Binghamton, NY 13902 ($29,626.50) John R. Sears, DBA Bill Bros. Dairy, 219 Port Watson St., Cortland, NY 13045 ($30,786.12) Upstate Milk Cooperative, 25 Anderson Rd., Buffalo, NY 14225 ($30,892.39) 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, 2010 through June 30, 2011. Agenda Item No. 31 – Amend Budget/Area Agency on Aging – Title VII Long Care Ombudsman Program ---PAGE BREAK--- 169 On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. PRICE RESOLUTION NO. 219-10 Amend Budget Area Agency on Aging (Title VII Long Term Care Ombudsman Program) WHEREAS, the Cortland County Area Agency on Aging has received funds from the Patient Care Ombudsman in the amount of $3,828.42 for the Area Agency’s role as a patient care advocate in a bankruptcy proceeding, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expenses: A67725-52010 4334 Office Equipment 900.00 A67725-52060 4334 Computer Equipment +$1,795.00 A67725-54004 4334 Computer Software 588.00 A67725-54005 4334 Office Supplies 295.42 A67725-54035 4334 Training & Education 250.00 Revenues: A677244-44772 4334 Federal Aid – Title VII +$3,828.42 Agenda Item No. 32 – Accept Donation/Amend Budget – Youth Bureau/Pall Trinity Donation On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. PRICE RESOLUTION NO. 220-10 Accept Donation/Amend Budget Youth Bureau (Pall Trinity Union Donation) WHEREAS, a Donation from U.A.W. Local Number 1326-Region 9 in the amount of $1,000.00 was donated to the Youth Bureau to be used for youth services, administered by Cortland County Youth Bureau, NOW THEREFORE BE IT RESOLVED, that the County Budget be and hereby is amended as follows: Increase: Expense: A73125.51015 Temp. Personnel $1,000.00 Revenue: A731242.42705 Gifts & Donations $1,000.00 Agenda Item No. 33 – Create Part Time, Temporary Recreation Specialist – Youth Bureau ---PAGE BREAK--- 170 On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS. PRICE RESOLUTION NO. 221-10 Create Part-time, Temporary Recreation Specialist Youth Bureau WHEREAS, the needs of the agency will be better served by creating one part-time, temporary (up to 17 hrs/wk, not to exceed 90 days) position of Recreation Specialist, AND WHEREAS, the Human Services and Budget & Finance Committees recommend the creation of this position, NOW THEREFORE BE IT RESOLVED, that upon receipt of the necessary grant funds, one part-time, temporary (up to 17 hrs/wk, not to exceed 90 days) position of Recreation Specialist ($12.00/hr, non-competitive class) be and hereby is created effective June 24, 2010, using funds out of account A7312.51015. Agenda Item No. 34 – Authorize Auctioneer for Sale of County Properties On motion of Ms. Arnold. Seconded by Mr. Cornell. The auction will be at 10 a.m. July 31 at the auditorium in the County Office Building. There will be about 55 properties, 30 of which are the county’s. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MS. ARNOLD AGENDA ITME NO. 222-10 Authorize Auctioneer for Sale of County Properties WHEREAS, the Treasure’s Office of Cortland County requested proposals for the auction of In Rem Tax Foreclosure: Index 08-637 tax year 2008: Index 08-565 tax year 2007, AND WHEREAS the Treasurer’s Office has received a bid from New York State licensed auctioneer Mel Manasse and Sons Auctioneers, NOW, THERFORE BE IT RESOLVED that the Chairman of the County Legislator, upon review and approval of the County Attorney, is hereby authorized to execute a Contract with Mel Manasse and Sons Auctioneers located at 2923 US Route 11, P.O. Box 738, Whitney Point for 2007 and 2008 foreclosed properties. Agenda Item No. 35 – (See Above – Moved to beginning of the meeting) Agenda Item No. 36 – Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment For Tax Arrears On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 36 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 223-10 Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale And Authorize County Treasurer ---PAGE BREAK--- 171 To Accept Payment For Tax Arrears (Claiser) WHEREAS, certain real property owned by David Claiser and mortgaged to Edward Robinson known as 1864 O’Dell Road in the Town of Virgil, New York (tax map no. 137.00-01-18.220) was subject to an In Rem Tax foreclosure proceeding, AND WHEREAS, Cortland County obtained title to said premises by deed dated May 10, 2010 and recorded in the Cortland County Clerk’s Office on May 11, 2010, AND WHEREAS, the mortgagee, Edward Robinson, has raised an issue regarding compliance with Section 1125 and 1125 of the Real Property Tax Law in the In Rem tax foreclosure proceeding, AND WHEREAS, the County of Cortland is desirous of resolving the issue raised above, NOW THEREFORE BE IT RESOLVED, that the County of Cortland re-convey the premises known as 1864 O’Dell Road, Cortland, New York (tax map no. 137.00-01-18.220), to David Claiser upon payment of all real property tax arrears, including interest, penalty and costs, to the Cortland County Treasurer on or before August 1, 2010. Agenda Item No. 37 - Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale And Authorize County Treasurer To Accept Payment For Tax Arrears On motion of Ms. Arnold. Seconded by Ms. Briggs. Mr. Fuller asked how long people have to pay their taxes. Mr. Purser said that a decision from Judge Rumsey has stated that people can pay taxes up until the time the county has taken title to the property and the deed has been recorded. A resolution was approved last year by the legislature which authorized and directed the treasurer to accept such payment. He said these deeds were recorded May 11, but that these are special circumstances with legal ramifications, which is why they can be withdrawn from the auction. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MS ARNOLD RESOLUTION NO. 224-10 Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale And Authorize County Treasurer To Accept Payment For Tax Arrears (Barbarito) WHEREAS, certain real property owned by Nicholas Barbarito known as 3632 Route 13 (tax map no. 39.00-01-24.000) and 3624 Route 13 (tax map no. 39.00-01-25.000) in the Town of Truxton, New York were subject to In Rem Tax foreclosure proceeding, AND WHEREAS, Cortland County obtained title to said premises by deed dated May 10, 2010 and recorded in the Cortland County Clerk’s Office on May 11, 2010, AND WHEREAS, counsel for the property owner has raised an issue regarding their attempt to pay the taxes due and redeem said parcels prior to the recording of the deeds, AND WHEREAS, the County of Cortland is desirous of resolving the issue raised above, NOW THEREFORE BE IT ---PAGE BREAK--- 172 RESOLVED, that the County of Cortland reconvey the premises known as 3632 Route 13 and 3624 Route 13, Truxton, New York (tax map no. 39.00-01-24.000 and 39.00-01-25.000) to Nicholas Barbarito upon payment of all real property tax arrears, including interest, penalty and costs, to the Cortland County Treasurer on or before August 1, 2010. See page 148 for Resolution No. 225-10 Announcements Ms. Price announced that the County, City, Towns, Villages and Schools Committee will meet immediately following the session. Adjournment Mr. Spaulding made a motion to adjourn the meeting. Seconded by Mr. Hartnett. The meeting was adjourned. Cortland County Legislature July 22, 2010 6:00 P.M. Minutes Order of Business Chairman Williams opened the meeting at 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present. Approval of Minutes Mr. Troy made a motion to approve the Minutes of May 27, 2010. Seconded by Ms. Price. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor The first speaker was Mr. Stan Connelly of Virgil. He spoke regarding Agenda Item No. 10, requesting legislators to vote against the Agenda Items to purchase a new landfill compactor. He said the bid documents were exclusive to a specific machine and manufacturer and limited his company from competitively bidding. The second speaker was Mr. Ron Rocco of Cortlandville, who spoke regarding Agenda Item No. 5. He stated that the airport uses a national figure for the number of planes that come in and out of the airport. He said this should be recorded at the local level, not the FAA or national level, so that legislators can be better informed as to the use of the airport. Receive & File Mr. Cornell made a motion to Receive & File the 2009 Cortland County Highway Department Annual Report, and the Chairman’s 2010 State of the County Address. Seconded by Mr. Troy. All members voting in favor; none opposed. The motion was approved. Chairman Williams noted that the State of the County Address has been made available on the county’s website. ---PAGE BREAK--- 173 New Business The Clerk advised that there were two resolutions on legislator’s desks which were not on the agenda, and the Rules of Order would need to be suspended to consider them. Mr. Cornell made a motion to suspend the Rules of Order. Seconded by Ms. Gofkowski. Authorize Agreement – Cortland County/Energy Curtailment Specialists, INC On motion of Mr. Williams. Seconded by Ms. Price. Mr. Spaulding said he objects to the meeting being held as he did not receive the agenda in advance of the meeting, so he would be voting against all resolutions for which he did not attend the committee meetings. All members voting in favor of the resolution, except Mr. Spaulding. The resolution became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 226-10 Authorize Agreement Cortland County/Energy Curtailment Specialists, INC WHEREAS, Energy Curtailment Specialists has submitted a proposal to participate in the “PowerPay! New York” program, which will pay the County $10 per kW reduced from the grid, by using the county generator twice per year, with potential bonus payments for other “events,” AND WHEREAS, the County requested proposals from similar companies to compare potentially higher revenues, but none were offered, AND WHEREAS, the Buildings & Grounds Committee recommends enrolling in said program, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval by the County Attorney, is hereby authorized and directed to enroll in the PowerPay! New York Program offered by Energy Curtailment Specialists, INC., 4455 Genesee Street, Buffalo, NY 14225. Authorize Agreements/Amend Budget – County Administration (New York Jets) On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; except Mr. Spaulding, Ross, Spaulding and Briggs. The resolution became: ON MOTION OF MS. ARNOLD RESOLUTION 227-10 Authorize Agreements/Amend Budget County Administration (New York Jets) WHEREAS, Cortland County and SUNY Cortland will be hosting 2010 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 ---PAGE BREAK--- 174 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 $30,000, AND BE IT FURTHER RESOLVED, that the 2010 County Budget is hereby amended as follows: Increase: Expense: A10105.54005 .1010 New York Jets $30,000 Decrease: A19905.54775 Contingency Fund $30,000 Agenda Item No. 1 - Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Little York Pavilion Authorize the Chairman of the Legislature to sign the SEQR Form - County Legislature On motion of Mr. Williams. Seconded by Ms. Briggs. All members voting in favor, except Mr. Spaulding and Mr. Hartnett, who were opposed. Agenda item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 228-10 Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Little York Pavilion Authorize the Chairman of the Legislature to sign the SEQR Form - County Legislature WHEREAS, in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, New York State Office of Parks, Recreation, and Historic Preservation has funds available for which Cortland County has applied for on July 12, 2010 for its State and National Register listed Little York Pavilion located in Dwyer Park, 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 historic preservation funds for the Little York Pavilion, AND WHEREAS, it is the County’s intent to support the repair and preservation of the Little York Pavilion, an important historic and cultural 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 repair and preservation of the Little York Pavilion located in Dwyer Park. Agenda Item No. 2 – Authorize Amendment – Information Technology (Lexis-Nexis) On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 229-10 ---PAGE BREAK--- 175 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 7/31/2010 AND WHEREAS, a Subscription Plan Amendment has been received from Lexis-Nexis for Cortland County Offices as follows: Terms: 24 months Payments: 8/1/2010 thru 7/31/2012 @ $ 925.00/month Total Contract Price: $22,200.00 to be paid out of account #A16805-54040, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the amendment on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 3 – Amend Agreement – Autopsy Services/Lourdes Hospital (Corner) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. PARK RESOLUTION NO. 230-10 Amend Agreement - Autopsy Services Lourdes Hospital WHEREAS, Resolution No. 102-10 authorized an agreement with Lourdes Hospital for Autopsy Services, 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, Lourdes Hospital has increase the rates from the 2009, which were approved in Resolution 102-10 , NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature be and hereby is authorized to amend the 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 ---PAGE BREAK--- 176 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 , AND BE IT FURTHER RESOLVED, that the term of this agreement shall be for the period January 1, 2010 to December 31, 2011 from Account No. A11855.54500. Agenda Item No. 4 – Award Highway Bid – Metal Object Removal (Recycling) On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor, except Mr. Spaulding, who was opposed. Agenda Item No. 4 became: ON MOTION OF MR. FULLER RESOLUTION NO. 231-10 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 $151.00 p/ton 1 Recycle Drive Owego, NY 13827 Contento’s $74.00 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 ---PAGE BREAK--- 177 RESOLVED, that the revenue received from the Metal Object removal shall be deposited in account # E513042.42650 for the Highway Department and Account # EL816042.42130 for the Landfill. Agenda Item No. 5 - Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration and New York State Department of Transportation, Authorize Engineering Contract – Engineering Design of Obstruction Removal Project - Cortland County Airport - Highway Department On motion of Mr. Fuller Seconded by Ms. Gofkowski. All members voting in favor, except Mr. Spaulding. The motion was approved, and Agenda Item No. 5 became: ON MOTION OF MR. FULLER RESOLUTION NO. 232-10 Resolution to Approve Project, Authorize Acceptance of Grants From Federal Aviation Administration and New York State Department of Transportation, Authorize Engineering Contract – Engineering Design of Obstruction Removal Project Cortland County Airport - Highway Department WHEREAS, the County of Cortland owns Cortland County Airport, General Levi R. Chase Field, and as owner, has accepted federal grant monies for Airport Improvement Projects (AIP funding), and by doing so has agreed to all federal grant assurances promulgated by the United States Government, as administered by the Federal Aviation Administration (FAA), AND WHEREAS, the FAA, based on its regulatory authority associated with Cortland County Airport, is requiring the County, by virtue of said federal grant assurances, to mitigate certain identified obstructions to safe avigation within Federal Aviation Regulation (FAR) Part 77 and/or OIS approach surfaces to Runway 6-24 at Cortland County Airport, and is requiring the County to provide for the safety of individuals on the ground in the Runway Protection Zones (RPZ’s) associated with Runway 6-24, AND WHEREAS, the County of Cortland desires to d) Support and maintain the highest possible utilization of the Cortland County Airport Runway 6-24; e) Mitigate said obstructions to safe avigation within said approach surfaces; and f) Provide for the safety of individuals on the ground within the RPZ’s associated with Runway 6-24, AND WHEREAS, the FAA, NYSDOT and the County of Cortland have previously provided funding for land acquisition for Runway 6-24 RPZ‘s safety mitigation in 2009, and for said Runway 6-24 RPZ Safety Mitigation and Runway 6-24 Approach Surface Obstruction Mitigation in 2010, AND WHEREAS, the FAA and NYSDOT now intend to offer Federal and State grant funding for an Engineering Design Contract for the removal of said RPZ and Approach Surface obstructions, AND WHEREAS, the funding for said Engineering Design Contract will be available at participation levels of 95% Federal ($75,050.00), 2.5% State ($1,975.00) along with 2.5% Local (County) funding ($1,975.00) for a total estimated cost of $79,000.00, NOW THEREFORE BE IT ---PAGE BREAK--- 178 RESOLVED, that the County of Cortland hereby accepts said FAA and NYSDOT grants for the Engineering Design Contract for the Runway 6-24 RPZ and Runway 6-24 Approach Surface Obstruction Removal and Mitigation at said funding levels, at a total project cost not to exceed $79,000.00, AND BE IT FURTHER RESOLVED, that the County hereby approves the Engineering Design project for the Runway 6- 24 RPZ and Runway 6-24 Approach Surface Obstruction Removal and Mitigation as follows:  Runway 6-24 RPZ and Runway 6-24 Approach Surface Obstruction Mitigation – Engineering Design Project , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney is hereby authorized to execute the necessary Federal and State Grant Agreements, Consultant Agreements, Land Purchase Contract Agreements, and all related necessary documents at a total cost not to exceed $79,000.00, AND BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the County Budget as follows to account for said project: Increase Expense H56105 52253 5616 $79,000.00 Increase Revenue Federal H561044 44597 5616 $75,050.00 State H561043 43597 5616 $ 1,975.00 Interfund H561049 45031 5616 $ 1,975.00 Agenda Item No. 6 – Transfer Funds/Establish Projects – Highway Department On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor, except Mr. Spaulding, who was opposed. The motion was approved and Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 233-10 Transfer Funds/Establish Projects Highway Department WHEREAS, the actual project costs have vary from the amounts estimated in the County Highway Budget, AND WHEREAS, the funds transferred in this Resolution are funds that will be reimbursed by the State of New York under the CHIPs program, 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 2010 County Budget be amended as follows: ---PAGE BREAK--- 179 Decrease Expense: D51125.54065.7264 $ 1,200.00 East River Road Culvert-Equip D51125.54065.7271 $40,000.00 Texas Valley Road Bridge-Equip D51125.54065.7280 $55,000.00 Merrill Creek Rd. Large Cul.-Equip D51125.54077.7271 $30,000.00 Texas Valley Road Bridge-Materials Increase Expense: D51125.54065.7272 $27,000.00 Landers Corners Rd. Bridge-Equip D51125.54065.7283 $48,200.00 Taylor Valley Rd. Culvert-Equip D51125.54065.7290 $21,000.00 Telephone Rd. Ext. Bridge-Equip D51125.54077.7283 $30,000.00 Taylor Valley Rd. Culvert-Material genda Item No. 7 – Award Highway Bid – Supply Structural Steel for Landers Corners Road Bridge (Highway Department) On motion of Mr. Fuller. Seconded by Mr. Bushnell. All members voting in favor; except Mr. Spaulding, who was opposed. The motion was approved and Agenda Item No. 7 became: ON MOTION OF MR. FULLER RESOLUTION NO. 234-10 Award Highway Bid – Supply Structural Steel for Landers Corners Road Bridge Highway Department WHEREAS, the Highway Superintendent advertised for and received bids to Supply Structural Steel for Landers Corners Road Bridge, BIN 3312130, AND WHEREAS, funds have been allocated in the 2010 Budget for this project, AND WHEREAS, The Highway Superintendent has received the following bids to Supply Structural Steel for the Landers Corners Road Bridge and they are as follows: Supply Structural Steel for the Landers Corners Road Bridge, BIN 3312130 BIDDERS BID Ben Weitsman & Son, Inc. $19,950.00 132 Cherry Street Ithaca, NY 14850 Steel Sales, Inc. $21,500.00 PO Box 539 8085 NYS Hwy 12 Sherburne, NY 13460 Tarco Steel, Inc. $21,842.56 13 Spud Lane ---PAGE BREAK--- 180 Binghamton, NY 13904 Chemung Supply Corporation $35,230.00 P.O. Box 527 Elmira, NY 14902 , AND WHEREAS, the amount is not to exceed $19,950.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature awards the bid to Supply Structural Steel for the Landers Corners Road Bridge to Ben Weitsman & Son, Inc., 132 Cherry Street, Ithaca, NY 14850, AND BE IT FURTHER RESOLVED, that the project costs be charged to Account D51125.54077.7272. Agenda Item No. 8 – Authorize Extension of State Snow/Ice Control Agreement (Highway Department) On motion of Mr. Fuller. Seconded by Mr. Troy. All members voting in favor, except Mr. Spaulding, who was opposed. The motion was approved and Agenda Item No. 8 became: ON MOTION OF MR. FULLER RESOLUTION NO. 235-10 Authorize Extension of State Snow/Ice Control Agreement Highway Department WHEREAS, the County of Cortland pursuant to Section 12 of the Highway Law, relating to control of Snow and Ice on State Highways in Towns and incorporated Villages, has heretofore entered into an agreement with the State of New York for such purposes, AND WHEREAS, Sections 7 and 10 of the said agreement respectively provide a method of modification of the map of affected state highway and an annually updating the estimated expenditure, AND WHEREAS, it would be in the best interest of Cortland County to extend the agreement as modified and updated an additional one year period, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland hereby authorizes such extension of the said Snow and Ice Agreement for a period of one year, to expire on June 30, 2013, AND BE IT FURTHER RESOLVED, that, the Chairman of the Cortland County Legislature, upon review and approval as to form by the County Attorney, is authorized to execute an agreement effecting such extension and modification. Agenda Item No. 9 – Authorize Change in the Reserve Account Deposits (Landfill/Highway Department) On motion of Mr. Fuller. Seconded by Mr. Park. Mr. Fuller explained that this and the next two resolutions are tied together. The first two are establishing funds, to purchase the landfill compactor, in the third resolution. He said this was approved by the Highway Committee, but was defeated in the ---PAGE BREAK--- 181 Budget & Finance Committee. He said there are two options. The county can purchase the compactor as is proposed in this agenda, or it can be leased. He recommends purchasing the equipment, and if the landfill is sold or leased in the future, the cost of the purchase will be included in those negotiations. Right now there is one back-up compactor at the landfill, which is working full time. If it were to be damaged, there is a possibility the landfill would need to be shut down. Mr. Gofkowski said she would like the agenda items pulled or voted down. She said she would like the equipment leased, or the possibility of a used compactor more fully explored. Mr. Fuller withdrew his motion and pulled the resolution and the next two from consideration. Chairman Williams said that a special meeting of the Highway Department and/or the Legislature can be held if necessary. Mr. Fuller said he would rather spend $33,000 to repair the compactor, rather than purchase a used on. Agenda Item No. 12 – Authorize Contract – EnSol INC. Highway Department/Landfill On motion of Mr. Fuller. Seconded by Ms. Gofkowski. Ms. Price asked when the county will get a report form EnSol. Mr. Williams said in about six weeks. All members voting in favor, except Mr. Spaulding. The motion was approved and Agenda Item No. 12 became: ON MOTION OF MR. FULLER RESOLUTION NO. 236-10 Authorize Contract – EnSol Inc. Highway Department/Landfill WHEREAS, Cortland County owns and operates a county landfill, which is overseen through the Highway Committee and Highway Department, AND WHEREAS, EnSol, Inc has submitted a proposal to perform an analysis of the County’s Solid Waste Disposal and Recycling Programs to evaluate the financial and technical performance of the programs, AND WHEREAS, the Cortland County Highway Committee recommends contracting with EnSol Inc. for services included in the attached proposal, NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon approval of the County Attorney, is hereby authorized and directed to sign a contract with EnSol Inc., 661 Main Street, Niagara Falls, NY 14301, for the services in the attached proposal, with a cost not to exceed $23,800 to be paid out of Account EL81605 54055, AND BE IT FURTHER RESOLVED, that the 2010 budget be amended as follows: Increase: Expense: EL81605 54055 Professional Services $12,000 Decrease: A19905.54775 Contingency Fund $12,000 Agenda Item No. 13 – Authorize Agreement/Accept Funds – Health Department/Children With Special Needs (Preschool Special Education Funding) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor, except Mr. Spaulding, who was opposed. The motion was approved, and Agenda Item No. 13 became: ---PAGE BREAK--- 182 ON MOTION OF MR. PACE RESOLUTION NO. 237-10 Authorize Agreement/Accept Funds Health Department/Children With Special Needs (Preschool Special Education Funding) WHEREAS, New York State will be using American Recovery and Reinvestment Act funds for the purpose of reimbursing counties the Status’s 59.5% share of the 4410 Preschool Special Education program for non-Medicaid students for the 2009-10 and 2010-11 school years, AND WHEREAS, the Cortland County Health Dept. will apply to accept this funding that is already in the 2010 Budget in Expenditures Accounts A29605.54049 (transportation), A29605.54445 (tuition) and Revenue Account A296043.43277, 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 the NYS Dept. of Health to accept these funds. Agenda Item No. 14 – Award Proposal/Authorize Agreement – Clinical Software – PreK Program (Children With Special Needs – Health Department) On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor, except Mr. Spaulding. The motion was approved, and Agenda Item No. 14 became: ON MOTION OF MR. PACE RESOLUTION. NO. 238-10 Award Proposal/Authorize Agreement Health Department/Children with Special Needs Division (Clinical Software – Pre K Program) WHEREAS, the Cortland County Health Department’s Pre-K Program is in need of specialized software to enter student data to meet State Regulations and to expedite billing and subsequent reimbursement from the State Education Department, AND WHEREAS, there is a single provider of this specialized software and therefore no RFP is required, AND WHEREAS, a single proposal was analyzed by Cortland County Information Technology and the Health Committee of this Legislature, AND WHEREAS, the sole vendor with the appropriate solution for the Cortland County Health Department is James McGuinness & Associates, Inc., with an initial licensing cost of $50,000 for the software, $3,000 for travel/living expenses for the vendor; and maintenance costs of $550 per month, plus an hourly rate for consultation of up to $150 per hour, for the period June 1, 2010 through June 30, 2012, AND WHEREAS, these funds are available in the 2010 budget, NOW THEREFORE BE IT RESOLVED, that the contract for specialized software for the Pre-K Program be awarded to James McGuinness & Associates, Inc., AND BE IT FURTHER ---PAGE BREAK--- 183 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 this agreement with James McGuinness & Associates, Inc. Agenda Item No. 15 – Authorize Agreements – Health Department/Nursing (CAHPS Survey Vendor) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; except Mr. Spaulding. The motion was approved and Agenda Item No. 15 became: ON MOTION OF MR. PACE RESOLUTION NO. 239-10 Authorize Agreements Health Department (Nursing Division) (CAHPS Survey Vendor) WHEREAS, the Centers for Medicare & Medicaid Services (CMS) is requiring, as part of the Consumer Assessment of Healthcare Providers and Systems (CAHPS) initiative, that all Home Health Agencies participate in this initiative no later than the third quarter of 2010, AND WHEREAS, this initiative requires that the Home Health Agency contract with one of 31 approved vendors who will administer the CMS-developed patient satisfaction survey to patients of the Home Health Agency, AND WHEREAS, Deyta, LLC, 7400 New LaGrange Road, Suite 200, Louisville KY 40222, will provide the service at an annual cost of $3,300, billed at the rate of $275, AND WHEREAS, Deyta, LLC has been identified as the vendor who will meet all statutory requirements of the CAHPS for the Cortland County Health Department’s Certified Home Health Agency, in the most economical manner, AND WHEREAS, the term of this agreement is August 1, 2010, through July 31, 2012, AND WHEREAS, the agreement shall include a ninety day extension clause, allowing the respective agreements to be extended until October 1, 2012, if successor agreements are not executed by August 1, 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 authorized to execute agreements for the provision of said services with Deyta, LLC, 7400 New LaGrange Road, Suite 200, Louisville KY 40222. Agenda Item No. 16 – Amend Budget/Mental Health Department (J.M. Murray Center) On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor, except Mr. Spaulding. The motion was approved and Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 240-10 Amend Budget Mental Health Department M. Murray Center) ---PAGE BREAK--- 184 WHEREAS, the New York State Office of Mental Health (NYS OMH) had initially approved state aid for 2010 in the amount of $5,769.00 to be used in the Mental Health Department and have changed the program funding, AND WHEREAS, the J. M. Murray Center has been approved for an additional $500.00, AND WHEREAS, the J. M. Murray Center has the appropriate program for the funding change, NOW THEREFORE BE IT RESOLVED, that the 2010 County budget be amended as follows: Increase: Expenses: A43105 54870 4225 JM Murray Center Direct Contract $5,769.00 A43105 54870 4225 JM Murray Center Direct Contract $ 500.00 Increase: Revenue: A431043 43490 4200 NYS of Mental Health $ 500.00 , AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 17 - Authorize Agreements/Mental Health Department (State University of New York Upstate Medical University Physician assistant Student Affiliation Program) On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor, except Mr. Spaulding, who was opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 241-10 Authorize Agreements Mental Health Department (State University of New York Upstate Medical University Physician assistant Student Affiliation Program) WHEREAS, there is an opportunity to engage in the Physician Assistant Student Affiliation Program through the State University of New York Upstate Medical University to allow for the Cortland County Mental Health Department to become a field placement site for physician assistants, AND WHEREAS, there is an need in the Mental Health Department to enhance the medical resources with in the department to meet the needs in the county, AND WHEREAS, the County would be able to capture potential revenue without incurring additional staffing costs, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, and subject to approval by the Legislature, is hereby authorized to execute ---PAGE BREAK--- 185 contractual agreements with the State University of New York Upstate Medical University Physician Assistant Student Affiliation Program. Agenda Item No. 18 – Amend Budget/Authorize Purchase – Board of Elections (Inclusion Solutions Privacy Curtains On motion of Mr. Pace. Seconded by Mr. Bushnell. Election Commissioner Robert Howe explained that these new privacy curtains were 100 percent funded by the Help Americans Vote Act, and will fix any problems voters have regarding privacy. All members voting in favor, except Mr. Spaulding, who was opposed. Agenda Item No. 18 became: ON MOTION OF MR. PACE RESOLUTION NO. 242-10 Amend Budget/Authorize Purchase Board of Elections – Inclusion Solutions/Privacy Curtains WHEREAS, the Board of Elections will implement and utilize Privacy Booths, in compliance with the Help Americans Vote Act, AND WHEREAS, said privacy booths will require additional privacy curtains, AND WHEREAS, Inclusion Solutions has provided a proposal to provide the privacy curtains for $10,369.00 AND WHEREAS, Inclusion Solutions is the sole provider of these curtains for their privacy booths, AND WHEREAS, 100% percent of the cost is reimbursable to the County through federal funds, NOW THEREFORE BE IT RESOLVED, the Cortland County Legislature hereby authorizes the purchase of privacy curtains from Inclusion Solutions, 2000 Greenleaf Street, Suite 3, Evanston, Illinois 60202, for a cost not to exceed $10,370.00 AND BE IT FURTHER, RESOLVED, the 2010 budget be amended as follows: Increase Appropriation:A14505 54012 1450 Elections Software $10,370.00 Increase Revenue: A14504 44089 1450 Federal Aid – HAVA $10,370.00 Agenda Item No. 19 – Standard Work Day and Reporting Resolution On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor, except Mr. Spaulding, who was opposed. The motion was approved and Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 243-10 Standard Work Day and Reporting Resolution ---PAGE BREAK--- 186 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 1-1-10 – 12- 31-11 N 3.76 Legislator Lawrence Cornell 3561 39412945 7 1-1-10 – 12- 31-11 N 9.5 Legislator Eugene Walbauer 8955 42644518 7 1-1-10 – 12- 31-11 N 3.36 Legislator Kathie Arnold 2181 42644492 7 1-1-10 – 12- 31-11 N 8.2 Legislator R. Jack Williams 0809 43209030 7 1-1-10 – 12- 31-11 N 20 Legislator Susan Briggs 8302 50010784 7 1-1-10 – 12- 31-11 N 5.85 Appointed Officials Clerk of the Legislator Jeremy Boylan 6532 41992728 7 1-1-10 – 12- 31-10 Y N/A Public Defender Keith Dayton 0350 39273867 7 1-1-10 – 12- 31-10 Y N/A Director of Veterans’ Service Agency Carl Bullock 2042 37443876 7 1-1-10 – 12- 31-10 Y N/A County Auditor Jane Sharpe 7506 30526551 7 1-1-10 – 12- 31-11 Y N/A Election Commissi oner Robert Howe 9649 37097375 7 1-1-10 – 12- 31-11 N 20 Agenda Item No. 20 – Abolish/Create Caseworker/Senior Case Worker – Social Services On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MS. PRICE RESOLUTION NO. 244-10 Abolish/Create Social Services Department ---PAGE BREAK--- 187 Caseworker/Senior Caseworker WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Caseworker and creating one full-time position of Senior Caseworker, AND WHEREAS, the Human Services/Budget & Finance Committees recommend the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one full-time position of Caseworker (Grade 17, $18.7117-22.7657/hr., CSEA contract, competitive class) be and hereby is abolished effective September 13, 2010, AND BE IT FURTHER RESOLVED, that one full-time position of Senior Caseworker (Grade 19, $20.0885-24.4407/hr., CSEA contract, competitive class) be created effective September 13, 2010. Agenda Item No. 21 – Authorize Contract – County Department Shredding (County Clerk) On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor, except Mr. Spaulding, who was opposed. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 245-10 Authorize Contract Cortland County County Department Shredding WHEREAS, the Personnel Committee authorized the County Clerk as Records Management Officer to send Requests for Proposals to companies offering shredding services, and WHEREAS, the proposals were submitted as follows for annual costs of shredding services: Code Shred: $10, 092.00 Shred It: 8,364.00 Confidata: 6,837.00 ProShred 5,340.00 CINTAS: 3,640.00 , NOW THEREFORE 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 one year commencing July 01, 2010 and ending June 01, 2010. Agenda Item No. 22 - Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer - To Accept Payment For Tax Arrears (Santos) On motion of Ms. Arnold. Seconded by Mr. Troy. Ms. Arnold said that this, and the three following resolutions would allow former property owners to pay all arrears, as well as penalties and a $250 conveyance fee to put the deed and associated liens back in their name. Ms. Briggs said there is no guarantee as to how much a property will be sold for at auction, and that these four property owners are ready to make payment in full. Mr. Cornell said that this was done last year and a judge ruled that payment could and should be accepted until the deed has been transferred to the county. That has already ---PAGE BREAK--- 188 happened this year, so he will vote against the resolutions. Mr. Pace said the residents have an opportunity to go before a judge and have this resolved, and allowing these four residents such an opportunity, and not the others, could open the county up for lawsuits. Mr. Purser said there were legal impediments to the foreclosure process with two properties in June, so the properties were given back. It does not appear to be the case this time. Mr. Purser said from a “strict legal standpoint” a judge should make the determination, however, there is a risk involved, but is has been done before and has not been challenged. Mr. Fuller called the question and asked for a roll call vote. Mr. Cornell seconded that. The Clerk read the roll call vote. (see attached) The resolution failed with a weighted vote of 20,679, with Legislators Arnold, Briggs, Cobb, Gofkowski, Price, Ross, Troy and Willcox voting in favor. Agenda Item No. 23 - Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer - To Accept Payment For Tax Arrears (Empress Dev. Corp) On motion of Ms. Arnold. Seconded by Mr. Troy. The Clerk read the roll call vote. (see attached) The resolution failed with a weighted vote of 20,679, with legislators Arnold, Briggs, Cobb, Gofkowski, Price, Ross, Troy and Willcox voting in favor. Agenda Item No. 24 - Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer - To Accept Payment For Tax Arrears (Williams) On motion of Ms. Arnold. Seconded by Mr. Troy. The Clerk read the roll call vote. (see attached) The resolution failed with a weighted vote of 20,679, with Legislators Arnold, Briggs, Cobb, Gofkowski, Price, Ross, Troy and Willcox voting in favor. Agenda Item No. 25 - Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer - To Accept Payment For Tax Arrears (Nourse) On motion of Ms. Arnold. Seconded by Mr. Troy. The Clerk read the roll call vote. (see attached) The resolution failed with a weighted vote of 18,331, with Legislators Arnold, Briggs, Cobb, Gofkowski, Price, Ross, and Troy voting in favor. Announcements Ms. Gofkowski announced that the Community Services Board have issued a press release regarding a streamlined intake process at the Mental Health department, and thanked Mr. Paul LeBlanc, Mr. Mike Kilmer and Dr. Jason Stepkovitch for their hard work. Mr. Pace announced that Mr. Park and Ms. Gofkowski recently did a community service and fundraiser during the Holiday in Homer celebration and thanked them for their time. Adjournment Mr. Cornell made a motion to adjourn the meeting. Seconded by Mr. Spaulding. The meeting was adjourned. ROLL CALL VOTE Date: 7/22/2010 Agenda Item No. 22 - Withdraw Real Property from Auction Sale, Accept Payment for Tax Arrears (Santos) Votes AYE NAY Total Arnold 3369 1 3369 ---PAGE BREAK--- 189 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 0 Total 48599 20679 Majority 24300 2/3rd 32400 ROLL CALL VOTE Date: 7/22/2010 Agenda Item No. 23 - Withdraw Real Property from Auction Sale, Accept Payment for Tax Arrears (Empress Dev. Corp.) Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 0 Total 48599 20679 ---PAGE BREAK--- 190 Majority 24300 2/3rd 32400 ROLL CALL VOTE Date: 7/22/2010 Agenda Item No. 24 - Withdraw Real Property from Auction Sale, Accept Payment for Tax Arrears (Williams) Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 2348 Williams 2320 1 0 Total 48599 20679 Majority 24300 2/3rd 32400 ROLL CALL VOTE Date: 7/22/2010 Agenda Item No. 25 - Withdraw Real Property from Auction Sale, Accept Payment for Tax Arrears (Nourse) Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 1973 Hartnett 2334 1 0 ---PAGE BREAK--- 191 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 Total 48599 18331 Majority 24300 2/3rd 32400 Cortland County Legislature August 26, 2010 6:00 P.M. Minutes Public Hearing Chairman Williams opened the public hearing at 6:00 p.m. The Clerk read the legal notice, advertising the public hearing for Proposed Local Law No. 1 of 2010 – Retirement Incentive Program. Chairman Williams asked if there was anyone present who wished to speak regarding the proposed Local Law. As there were none, Chairman Williams closed the public hearing. The Clerk advised that the second scheduled public hearing, regarding Proposed Local Law No. 2, “Establishing the Term of the County Administrator” would be postponed until Sept. 1, 2010 at 6 p.m. Order of Business Chairman Williams opened the meeting at 6:04 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Ms. Gofkowski, who Chairman Williams excused. Approval of Minutes Mr. Troy made a motion to approve the Minutes of July 22, 2010. Seconded by Mr. Parker. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor No one wished to address the legislature. Presentation of Petitions, Communications and Notices ---PAGE BREAK--- 192 Mr. Max Sammons gave a presentation on CAPCO’s Weatherization Program, and funding through the American Recovery and Reinvestment Act. Due to additional federal funding and demand in Cortland County, staff at CAPCO has gone up from five to 18. For those interested in participating in the weatherization program, call [PHONE REDACTED]. Receive & File Mr. Cornell made a motion to Receive & File the Democratic Election Commissioner Certification. Seconded by Ms. Price. All members voting in favor; none opposed. New Business Agenda Item No. 1 – Adopt Proposed Local Law No. 2 of 2010 – Extending Term of County Administrator. Mr. Pace pulled this agenda item, as a change had been made and therefore an additional public hearing is necessary. Agenda Item No. 2 – Appoint Democratic Election Commissioner On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 246-10 Appoint Democratic Election Commissioner WHEREAS, The term of Thomas Brown, duly appointed Cortland County Democratic Election Commissioner expires December 31, 2010, 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, 2011 through Dec. 31, 2012. Agenda Item No. 3 – Appoint Member – Cortland County Planning Board On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 247-10 Appoint Member Cortland County Planning Board WHEREAS, a vacancy exists on the Cortland County Planning Board due to the resignation Robert Martin, NOW THEREFORE BE IT RESOLVED, that Ernest Dodge, 3926 Highland Road, Town of Cortlandville, is hereby appointed to fill the vacancy, with a term set to expire June 30, 2012. ---PAGE BREAK--- 193 Agenda Item No. 4 – Resolution Demanding That State Legislators Reduce Unfunded Mandates That Cause Local Property Tax Increases Prior to Imposing Cap On Local Property Taxes On motion of Mr. Williams. Seconded by Ms. Briggs. Mr. Pace asked that the resolution be read into the record so taxpayers can understand the difficulties faced by local municipalities due to unfunded state mandates. The Clerk read the resolution. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 248-10 Resolution Demanding That State Legislators Reduce Unfunded Mandates That Cause Local Property Tax Increases Prior To Imposing Cap On Local Property Taxes WHEREAS, Governor Paterson and many State Legislators have expressed support for a cap on local property tax levies of 4 percent, or 120 percent, whichever is less, AND WHEREAS, little or no action has been taken by State Legislators to decrease or control cost of Unfunded State mandates, which have been driving county property taxes up for decades, AND WHEREAS, State mandates make up a significant portion of the Cortland County budget, and these costs increase substantially each year, AND WHEREAS, counties are mandated by State Legislators to use local taxes dollars to pay for State programs; such as, Medicaid, Early Intervention Services, Preschool Special Education services, public Assistance, Child Welfare, youth detention, jails and numerous other programs, AND WHEREAS, the property tax cap proposal would do nothing to reduce or eliminate current mandates, AND WHEREAS, the property tax cap proposal allows local boards to override the cap with a two- thirds majority vote, thereby not only shifting cost to local governments, but unfairly shifting blame to locals leaders for tax increases that are actually caused by State Legislators, AND WHEREAS, imposing a so–called “property tax cap” is disingenuous and would decimate services provided in local communities by counties, NOW THEREFORE BE IT RESOLVED, That the Cortland County Legislature hereby demands that State Legislators reduce unfunded mandates that cause local property tax increases, prior to imposing a cap on local property taxes, AND BE IT FURTHER RESOLVED, That certified copies of this Resolution be forwarded to Governor David Paterson, Assembly Speaker Sheldon Silver, NYS Association of Counties, Barbara Lifton, Gary Finch, Gary Kolb, and Senator Jim Seward. Agenda Item No. 5 – Appoint Members/Cortland County Youth Board On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 5 became: ---PAGE BREAK--- 194 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 249-10 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. Chuqing Zhu (May) McCallum 30 Evergreen Street 9/1/10 - 8/31/11 Youth Representative Cortland, NY 13045 Syletha Jones 8 ¾ Park Street 9/1/10 - 8/31/11 Youth Representative Cortland, NY 13045 Agenda Item No. 6 – Award Highway Equipment – Landfill Compactor/Reject Bids – Highway Department On motion of Mr. Fuller. Seconded by Ms. Briggs. All members voting in favor, except Mr. Ross and Mr. Troy, who were opposed. Agenda Item No. 6 became: ON MOTION OF MR. FULLER RESOLUTION NO. 250-10 Award Highway Equipment – Landfill Compactor/Reject Bids Highway Department WHEREAS, the Highway Committee advertised for and received bids for One Landfill Compactor, AND WHEREAS, the Highway Superintendent has received the following bids for One Landfill Compactor, with the consideration of trade-in of One 1996 Caterpillar 816F Landfill Compactor and they are as follows: Landfill Compactor BIDDERS DESCRIPTION BID Southworth-Milton, Inc CATERPILLAR $325,000.00 100 Quarry Drive 816F SERIES II Milford, MA 01757 Gateway Equipment Corp. BOMAG MODEL BC-472RB $338,278.00 PO Box 608, Fisher Road East Syracuse, NY 13057 , AND WHEREAS, the Highway Committee has determined that it is the best interest of the County to reject the bids received for Landfill Compactor, NOW THEREFORE BE IT ---PAGE BREAK--- 195 RESOLVED, that the Cortland County Legislature hereby rejects the bids for Landfill Compactor listed above. Agenda Item No. 7 – Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears On motion of Ms. Arnold. Seconded by Ms. Briggs. All members voting in favor, except Mr. Spaulding, Mr. Park, Mr. Hartnett and Mr. Fuller, who were opposed. Agenda Item No. 7 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 251-10 Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale And Authorize County Treasurer To Accept Payment For Tax Arrears WHEREAS, certain real property owned by Antonio Penetra dos Santos and Maria Helena Gomes, known as 5256 Sprouse Rd, Truxton, New York (tax map no. 60.00-03-04.000) was subject to an In Rem Tax foreclosure proceeding; and WHEREAS, Cortland County obtained title to said premises by deed dated June 2, 2010, and recorded in the Cortland County Clerk’s Office on June 8, 2010; and WHEREAS, the said Antonio Penetra dos Santos and Maria Helena Gomes have commenced legal action against Cortland County in Cortland County Supreme Court under Index No. 10-413; and WHEREAS, the said Antonio Penetra dos Santos and Maria Helena Gomes are willing to pay real property tax arrears, including interest, penalty and costs, and a $250.00 reconveyance fee to resolve its lawsuit against Cortland County; and WHEREAS, the County of Cortland is desirous of resolving the issue raised above, NOW THEREFORE BE IT RESOLVED, that the County of Cortland reconvey the premises known as 5256 Sprouse Rd, Truxton, New York (tax map no. 60.00-03-04.000) with any/all associated liens reinstated, to Antonio Penetra dos Santos and Maria Helena Gomes upon payment of all real property tax arrears, including interest, penalties, and costs accrued up to the date of payment, and the filing of a Stipulation of Discontinuance on or before August 31, 2010. Agenda Item No. 8 - Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Empress Development) On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor, except Mr. Spaulding, Mr. Park, Mr. Hartnett and Mr. Fuller, who were opposed. Agenda Item No. 8 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 252-10 Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale And Authorize County Treasurer To Accept Payment For Tax Arrears ---PAGE BREAK--- 196 WHEREAS, certain real property owned by Empress Development Corp., known as 2964 Webb Rd., Virgil, New York (tax map no. 105.00-06-10.000) was subject to an In Rem Tax foreclosure proceeding; and WHEREAS, Cortland County obtained title to said premises by deed dated June 2, 2010, and recorded in the Cortland County Clerk’s Office on June 8, 2010; and WHEREAS, the said Empress Development Corp. has commenced legal action against Cortland County in Cortland County Supreme Court under Index No. 10-408; and WHEREAS, Empress Development Corp. is willing to pay all real property tax arrears, including interest, penalty and costs and a $250.00 reconveyance fee in order to resolve its lawsuit against Cortland County; and WHEREAS, the County of Cortland is desirous of resolving the issue raised above, NOW THEREFORE BE IT RESOLVED, that the County of Cortland reconvey the premises known as 2964 Webb Rd., Virgil, New York (tax map no. 105.00-06-10.000), with any/all associated liens reinstated, to Empress Development Corp, upon payment of all real property tax arrears, including interest, penalties, reconveyance fee and costs accrued up to the date of payment, and the filing of a Stipulation of Discontinuance on or before August 31, 2010. Agenda Item No. 9 - Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Williams) On motion of Ms. Arnold. Seconded by Ms. Briggs. All members voting in favor, except Mr. Spaulding, Mr. Park, Mr. Hartnett and Mr. Fuller, who were opposed. Agenda Item No. 9 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 253-10 Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale And Authorize County Treasurer To Accept Payment Of Tax Arrears (Williams) WHEREAS, certain real property owned by Barbara Jo Williams known as 15 Braeside Drive, in the Village of Homer, New York (tax map no. 66.59-01-07.000) was subject to an In Rem Tax foreclosure proceeding; and WHEREAS, Cortland County obtained title to said premises by deed dated May 10, 2010, and recorded in the Cortland County Clerk’s Office on May 4, 2010; and WHEREAS, the said Barbara Jo Williams has commenced legal action against Cortland County in Cortland County Supreme Court under Index No. 10-410; and WHEREAS, Barbara Jo Williams is willing to pay all real property tax arrears, including interest, penalty and costs and a $250.00 reconveyance fee in order to resolve her lawsuit against Cortland County; and WHEREAS, the County of Cortland is desirous of resolving the issue raised above, NOW THEREFORE BE IT ---PAGE BREAK--- 197 RESOLVED, that the County of Cortland reconvey the premises known as 15 Braeside Drive, in the Village of Homer, New York (tax map no. 66.59-01-07.000) with any/all associated liens reinstated, to Barbara Jo Williams upon payment of all real property tax arrears, including interest, penalties, reconveyance fee, and costs accrued up to the date of payment, together with a $250.00 reconveyance fee, to the Cortland County Treasurer and the filing of a Stipulation of Discontinuance on or before August 31, 2010. Agenda Item No. 10 - Resolution to Withdraw Real Property From In Rem Foreclosure Auction Sale and Authorize County Treasurer to Accept Payment for Tax Arrears (Conklin) On motion of Ms. Arnold. Seconded by Ms. Briggs. Chairman Williams said over the past few months this legislature has repeatedly stated it is not the ROLE of the county to take properties. Last month the majority of this body decided to move forward with the foreclosure of the four properties in question tonight. These four property owners have filed lawsuits against the county in an attempt to regain their property, AND pay all taxes and penalties due. Due to the potential costs of litigation associated with each individual case facing the county, which could significantly decrease total revenues gained from auction, and in order to put this matter to rest, this legislature is now considering accepting payments on these four properties and returning them to their owners. A sub-committee has already been formed to evaluate our foreclosure process, to ensure that the county has a thorough policy, and that this situation does not occur again. All members voting in favor, except Mr. Spaulding, Mr. Park, and Mr. Hartnett, who were opposed. Agenda Item No. 10 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 254-10 Resolution To Withdraw Real Property From In Rem Foreclosure Auction Sale And Authorize County Treasurer To Accept Payment Of Tax Arrears (Conklin) WHEREAS, certain real property owned by John K. Conklin known as 5908 Pease Hill Road, in the Town of Cuyler, New York (tax map no. 52.00-02-04.000), was subject to an In Rem Tax foreclosure proceeding; and WHEREAS, Cortland County obtained title to said premises by deed dated May 10, 2010 and recorded in the Cortland County Clerk’s Office on May 11, 2010; and WHEREAS, the said John K. Conklin has commenced legal action against Cortland County in Cortland County Supreme Court under Index No. 10-418; and WHEREAS, John K. Conklin is willing to pay all real property tax arrears, including interest, penalty and costs and a $250.00 reconveyance fee in order to resolve his lawsuit against Cortland County; and WHEREAS, the County of Cortland is desirous of resolving the issue raised above, NOW THEREFORE BE IT RESOLVED, that the County of Cortland reconvey the premises known as 5908 Pease Hill Road, in the Town of Cuyler, New York (tax map no. 52.00-02-04.000) with any/all associated liens reinstated, to John K. Conklin upon payment of all real property tax arrears, including interest, penalties, reconveyance fee, and costs accrued up to the date of payment, together with a $250.00 reconveyance fee, to the Cortland County Treasurer and the filing of a Stipulation of Discontinuance on or before August 31, 2010. ---PAGE BREAK--- 198 Agenda Item No. 11 – Adopt Reorganization Plan – Mental Health – Abolish/Create Several Positions On motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace commended Mr. Kilmer and Mr. LeBlanc for the hard work they provided in putting together the reorganization plan, which will restructure the department, and allow for more mid-level management. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. PACE RESOLUTION NO. 255-10 Adopt Reorganization Plan Mental Health Abolish/Create Several Positions WHEREAS, the needs of the Mental Health Department will be better served by reorganizing the department structure, AND WHEREAS, the Health/Budget & Finance Committee recommend the reorganization plan, including a reclassification and abolish/create of several positions NOW THEREFORE BE IT RESOLVED, that one full-time position of Licensed Master Social Worker (Grade 24, $24.1772 – 29.4153/hr. CSEA contract, competitive class) be and hereby is abolished effective August 27, 2010, AND BE IT FURTHER, RESOLVED, that (two) full-time positions of Licensed Clinical Social Worker (Grade 26, $26.1147 – 31.7725/hr., CSEA contract, competitive class) be created effective August 27, 2010, AND BE IT FURTHER, RESOLVED, that one full-time position of Account Clerk (Grade 7, $13.5287 – 16.4597/hr., CSEA contract, competitive class) be and hereby is abolished September 30, 2010, AND BE IT FURTHER, RESOLVED, that a full-time position of Medical Record Administrator (Grade 17, $18.7117- 22.7657/hr., CSEA contract, competitive class) be and hereby is created effective September 30, 2010, AND BE IT FURTHER, RESOLVED, that one full-time position of Secretary II (Grade 2, $15.6291 – 19.0152/hr., Management Compensation Plan - Management Confidential, competitive class) be and hereby is created effective August 27, 2010, AND BE IT FURTHER, RESOLVED, that one full-time position of Program Director-Continuing Day Treatment (Grade 6, $49,843-60,641, Management Compensation Plan, competitive class) be and hereby is abolished for reclassification effective August 26, 2010, AND BE IT FURTHER, RESOLVED, that one full-time position of Mental Health Program Director (Grade 6, $49,843 – 60,641, Management Compensation Plan, competitive class) be and hereby is created effective August 27, 2010 with approval for placement at step 4. Agenda Item No. 12 – Authorize Agreement/Information Technology (All-Mode Communications) ---PAGE BREAK--- 199 On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 256-10 Authorize Agreement/Information Technology (All-Mode Communications, Inc.) WHEREAS, the Warranty for the Voice over IP(VoIP) PBX located in the County Office Building will expire on 8/31/2010 AND WHEREAS, the County of Cortland is desirous of obtaining a Maintenance Agreement with All- Mode Communications, Inc., for the Voice over IP(VoIP) PBX located in the County Office Building AND WHEREAS, a Maintenance Agreement with All-Mode Communications, Inc for September 1st, 2010 thru December 31st, 2010 has been received in the amount of $480 to come out of account 1680 1610 5 4050 NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign an agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 13 – Authorize Amendment – Information Technology (All-Mode Communications, Inc.) On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 257-10 Authorize Amendment Information Technology (All-Mode Communications, Inc.) WHEREAS, Cortland County has a Maintenance Agreement with All-Mode Communications, Inc. for the primary PBX located in the County Office Building which covers Hardware and Labor and will expire on 12/31/2010 AND WHEREAS, a Subscription Plan Amendment has been received from All-Mode Communications, Inc. which will cover software updates from a period of 8/1/2010 thru 12/31/2010 for $1,117.19 to be paid out of account #A 1680 1610 5 4050, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the amendment on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 14 – Extend Contract (Several Departments) Uniforms & Rug Rental On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 14 became: ---PAGE BREAK--- 200 ON MOTION OF MR. WILLCOX RESOLUTION NO. 258-10 Extend Contract Several Departments Uniforms & Rug Rental WHEREAS, employees of the Cortland County Highway Department, Buildings and Grounds Department, and Office for the Aging Department are required to wear specified uniforms, AND WHEREAS, per the contract between the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO and the County of Cortland, the uniforms are to be provided by the County, AND WHEREAS, by Resolution 169-07 and 154-09, the County contracted with Coyne Textile Services to provide said uniforms, AND WHEREAS, Cortland County wishes to extend the existing contract with Coyne Textile Services through Oct. 31, 2010, NOWTHEREFORE, BE IT RESOLVED, that the County Legislature hereby authorizes and directs the Chairman of the Legislature, upon approval by the County Attorney as to form, to extend the provisions of the current contract with Coyne Textile Services, 140 Cortland Avenue, Syracuse, New York 13221, in accordance with the bid received in an estimated weekly amount of $190.11, through October 31, 2010. Agenda Item No. 15 – Authorize Agreement – Sheriff’s Department/911 Center – AAT Communications Systems Corporation On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PARK RESOLUTION NO. 259-10 Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation WHEREAS, the maintenance agreement on the recorder (1 pc DI Reliant CS7HD6VD2SAL96) in the 911 Center's Dynamic Instruments equipment will expire on August 31, 2010, and WHEREAS, the cost of such maintenance agreement is $5,700.00 annually, for the period of September 1, 2010 through August 31, 2011, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with AAT Communications Systems Corporation at a cost not to exceed $5,700.00 be paid from Account A30255-54050 Equipment Maintenance and Repairs. Agenda Item No. 16 – Transfer Funds/Establish Projects- Highway Department ---PAGE BREAK--- 201 On motion of Mr. Fuller. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 260-10 Transfer Funds/Establish Projects Highway Department WHEREAS, the actual project costs have vary from the amounts estimated in the County Highway Budget, AND WHEREAS, the funds transferred in this Resolution are funds that will be reimbursed by the State of New York under the CHIPs program, 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 2010 County Budget be amended as follows: Decrease Expense: D51125.54077.7272 $ 25,000.00 Landers Corners Rd Bridge-Mat. D51125.54077.7280 $ 70,000.00 Merrill Creek Culvert-Materials D51125.54077.7282 $ 5,000.00 Lower Cinc-Willet Bridge-Mat. D51125.54077.7290 $ 70,000.00 Telephone Ext. Bridge-Materials Increase Expense: D51125.54077.7256 $155,000.00 E. Homer-Balt. Road-Mat. D51125.54077.7283 $ 15,000.00 Taylor Valley Rd. Culvert-Mat. Agenda Item No. 17 – Amend 2010 Budget – Transfer Funds/Establish Projects – Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. FULLER RESOLUTION NO. 261-10 Amend 2010 Budget Transfer Funds/Establish Projects Highway Department WHEREAS, the Road Machinery Fund has a surplus balance in excess of $1,500,000.00 and the 2010 Road Machinery Budget was passed with a $646,623.20 deficit, AND WHEREAS, in order to balance the Road Machinery Fund, the Revenue will need to be increased in the amount of the deficit, AND WHEREAS, the funds for this revenue will be transferred from the rental of the County Road Fund’s Equipment fund balance, AND ---PAGE BREAK--- 202 WHEREAS, there is a need to transfer funds into various maintenance accounts to accomplish scheduled maintenance on the County Road System, AND WHEREAS, there is a need to transfer funds into the State Snow Equipment maintenance account to maximize revenue that can be received from the New York State Snow & Ice contract, AND WHEREAS, there is a need to re-establish the East Homer Baltimore Road Project in order to realize all of the revenue that can be received from the New York State CHIPS program, NOW THEREFORE BE IT RESOLVED, that the 2010 County budget be amended as follows: Decrease: E51305.59951 Inter-Fund Transfer Expense $646,623.20 Increase: Revenue: D501048.45031 Inter-Fund Transfer Revenue $646,623.20 Increase: Expenses: D51105.54065 Maintenance Equipment $110,000.00 D51105.54065.01 Bridge Maint. Equipment $ 6,000.00 D51105.54065 04 Driveway Culvert Equip. $ 8,000.00 D51105.54065.05 Road Culverts Equip $ 25,000.00 D51105.54065.06 Ditching Equipment $140,000.00 D51105.54065.07 Hot Patch Equip $ 60,000.00 D51105.54065.08 Mowing Equipment $ 16,000.00 D51105.54065.11 Spray Patch Equip $ 15,000.00 D51105.54065.12 Surface Treat Equip $ 6,500.00 D51105.54065.13 Tree Removal Equip $ 42,000.00 D51105.54065.7300 County Snow Equip $ 20,000.00 D51105.54065.7301 State Snow Equip $ 72,000.00 D51105.54065.7305 Dwyer Park CRT Equip $ 2,000.00 D51105.54065.7306 Maint Facility Equip $ 41,000.00 D51125.54065.7256 East Homer Balt Equip $ 83,123.20 Agenda Item No. 18 – Amend Budget/Transfer Funds – Landfill Compactor Repair On motion of Mr. Fuller. Seconded by Ms. Briggs. All members voting in favor, except Mr. Ross and Mr. Troy, who were opposed. Agenda Item No. 18 became: ON MOTION OF MR. FULLER RESOLUTION NO. 262-10 Amend Budget/Transfer Funds Landfill Compactor Repair WHEREAS, The Cortland County Legislature has solicited, and rejected bids to purchase a new landfill compactor, AND ---PAGE BREAK--- 203 WEHREAS, The Cortland County Highway Committee solicited bids to lease a landfill compactor, and subsequently voted not to award said lease, thus letting the bid expire, AND WHEREAS, The Cortland County Highway Committee recommends repairing the existing landfill compactor, NOW THEREFORE BE IT RESOLVED, that the 2010 Budget be amended as follows: Decrease: EL81605.52035 Highway Equipment $22,275.00 Increase EL81605.54300 Vehicle Maint. & Repair $22,275.00 Agenda Item No. 19 – Authorize Exemption from Tipping Fees – River Clean Up – Highway Department/Solid Waste On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. FULLER RESOLUTION NO. 263-10 Authorize Exemption from Tipping Fees River Clean Up Highway Department/Solid Waste WHEREAS, the Cortland County Soil and Water Conservation District is coordinating the River Clean-Up for September 25, 2010, AND WHEREAS, the Cortland County Soil and Water Conservation District has requested an exemption from the tipping fees at the Cortland County Landfill, AND WHEREAS, the Highway Committee has approved the request for exemption at its August 11, 2010 Committee Meeting, NOW THEREFORE BE IT RESOLVED, that the Division of Solid Waste be and is hereby authorized to waive the tipping fees for the trash and garbage delivered to the landfill as a result of the River Clean-Up from September 25, 2010. Agenda Item No. 20 – Resolution Urging the NYS Legislature to Reinstate Article 6 Reimbursement for County-Sponsored Home Health Agencies On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace explained that these funds have been cut, which puts the County’s CHHA in an even more difficult situation. This resolution is asking the State to reinstate those funds. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. PACE RESOLUTION NO. 264-10 Resolution Urging the New York State Legislature to Reinstate Article 6 Reimbursement ---PAGE BREAK--- 204 for County-Sponsored Home Health Agencies WHEREAS, New York State has provided Article 6 reimbursement for County-sponsored home health agencies, AND WHEREAS, recent New York State budgetary and regulatory amendments make Article 6 reimbursement available for home care only when the County is the sole provider of those services in the area, AND WHEREAS, the discontinuation of this reimbursement results in the loss of approximately $60,000 of funding for calendar year 2010 for Cortland County’s Certified Home Health Agency (CHHA), thereby placing the full burden for funding the CHHA on the Cortland County taxpayers, AND WHEREAS, the exact impact of the loss of this funding in future years is yet unknown, but will result in an excess burden being placed on local taxpayers, potentially resulting in the closure of the County- owned Certified Home Health Agency, AND WHEREAS, services provided by the CHHA in the small rural community of Cortland are vital to the health and welfare of our residents, allowing many to remain in their homes and preventing placement in skilled nursing facilities. Such placements are frequently paid for by the taxpayers through Medicaid dollars at a cost far exceeding the annual cost of operating the county-owned CHHA, AND WHEREAS, Legislation has been introduced by Senator David Valesky and RoAnn Destito via bills S07916B and A11170 to reinstate Article 6 funding for County-owned Certified Home Health Agencies even when the county-owned CHHA is not the sole provider of services within a county, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature urges the New York State Legislature to adopt legislation S07916B and A11170 reinstating vital Article 6 reimbursement for County-owned Certified Home Health Agencies even when they are not the sole provider of home care services in the area, AND BE IT FURTHER RESOLVED, the Clerk of this Legislature is hereby directed to transmit copies of this resolution to Governor David A. Paterson, State Senator James L Seward, Barbara Lifton, Brian M Kolb, and Gary Finch. Agenda Item No. 21 – Authorize Agreement/Accept Funds – Health Department (EIP NYS Grant) On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 265-10 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 $34,396 for the Early Intervention Program (EIP), for the contract period October 1, 2010 through September 30, 2011, AND ---PAGE BREAK--- 205 WHEREAS, this amount has already been budgeted for the 2010 budget in Expenditure Accounts A40595.51005, $33,026 (Personnel), A40595.54000-54500.4052, $1,370 (Contractual) and Revenue Account A405944.44451, $34,396.00, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature and the Public Health Director, or designees, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with the State of New York to accept these funds. Agenda Item No. 22 – Authorize Agreement/Accept Funds – Health Department – Tobacco Enforcement Program On motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace said that this money goes to fund the “sting” operations that target businesses that sell tobacco to underage customers. All members voting in favor, except Ms. Price, who was opposed. Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 266-10 Authorize Agreement/Accept Funds Health Department Tobacco Enforcement Program WHEREAS, Adolescent Tobacco Use Prevention Act (ATUPA) funding for tobacco enforcement activities is available as part of New York State’s continued efforts to stamp out smoking by youth and enhance Clean Indoor Air Act (CIAA) enforcement activities, AND WHEREAS, the total funding amount for Cortland County for the period 10/1/10 through 9/30/11 is $30,029, AND WHEREAS, these funds are already in the 2010 budget in Expenditure Accounts A40125.51005- 51010 $19,760 (Personnel), A40125.58020-58065 $9,269 (Fringe), A40125.54005-54060.4023 $1,000 (Contractual) and Revenue Account A401243.43450.4023 $30,029 (ATUPA), 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. Agenda Item No. 23 – Authorize Agreement – Cortland County/CRMC (Health Department) On motion of Mr. Pace. Seconded by Mr. Ross. Mr. Pace said this service was previously provided free of charge, but the hospital must now begin charging for the service, but still at a significantly reduced price when compared to other disposal methods. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 267-10 Authorize Agreement – Cortland County/Cortland Regional Medical Center (Health Department) WHEREAS, Cortland Regional Medical Center has served as Cortland County’s collection site for the Health, Mental Health, Sheriff’s Office and other departments for regulated medical waste, AND ---PAGE BREAK--- 206 WHEREAS, Cortland Regional Medical Center is no longer willing to absorb the expense of collecting and disposing of the county’s medical waste, AND WHEREAS, the County Health Department has solicited three quotes from qualified service providers, AND WHEREAS, Cortland Regional Medical Center provided the lowest expense to the county of $1.28 per pound of waste, NOW THEREFORE BE IT RESOVLVED, that the Chairman of the Legislature, upon approval of the County attorney, is hereby authorized and directed to enter into an agreement with Cortland Regional Medical Center for the collection and disposition of Cortland County’s medical waste. Agenda Item No. 24 – Amend Budget – Mental Health Department (Catholic Charities) On motion of Mr. Pace. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 268-10 Amend Budget Mental Health Department (Catholic Charities) WHEREAS, The New York State Office of Alcohol and Substance Abuse Services has approved a one-time only fund for Catholic Charities in 2009, in the amount of $2,613.00, NOW THEREFORE BE IT RESOLVED, that the 2010 County budget be amended as follows: Increase: Expenses: A43105 54870 4224 CATHOLIC CHARITIES (HOUSING) $2,613.00 Revenues: A431043 43486 4200 NYS OFFICE OF ALC.& SUB.ABUSE $2,613.00 , AND BE IT FURTHER RESOLVED, that in the event of any deficiency from the above said program or in the event that New York State reduces the commitment of monies to the County or fails to fund said program, the County shall not contribute any additional monies for said program. Agenda Item No. 25 – Authorize the CNY Regional Plan for Sustainable Development Partnership Agreement/Planning Department On motion of Mr. Ross. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. ROSS RESOLUTION NO. 269-10 ---PAGE BREAK--- 207 Authorize the Central New York Regional Plan for Sustainable Development Partnership Agreement/Planning Department WHEREAS, the Central New York Regional Planning and Development Board is a regional planning organization that formed in 1966 under the provisions of article 12B of the NYS General Municipal Law by the Counties of Cayuga, Cortland, Madison, Onondaga and Oswego, AND WHEREAS, the is governed by a 35 member board of directors who are appointed by its five member counties with each county appointing seven members, AND WHEREAS, the administers a comprehensive planning program associated with the growth and development of communities in Central New York with a focus on several program areas including community development, economic development, energy management, environmental management, information and research services, intergovernmental cooperation and coordination and transportation planning, AND WHEREAS, the US Department of Housing and Urban Development (HUD) issued a Notice of Funding Availability (NOFA) on June 24, 2010 to provide funding to support the development of comprehensive regional plans across the nation, AND WHEREAS, the HUD NOFA focuses on the preparation of plans that will address a range of public policy issues on a regional basis including housing, land use, economic and workforce development, transportation, and infrastructure investments in a manner that empowers jurisdictions to consider the interdependent challenges of: economic competitiveness and revitalization; social equity, inclusion, and access to opportunity energy use and climate change; and public health and environmental impact, AND WHEREAS, the plans to submit an application to HUD in response to this funding opportunity to secure funds that will be used to prepare a regional plan for Central New York and the deadline for submitting the application is August 23, 2010, AND WHEREAS, the intends to form an advisory council to assist the CNY RPDB in the preparation of a regional plan, AND WHEREAS, Cortland County has been invited by the to serve on the Central New York Regional Plan Advisory Council, AND WHEREAS, both parties agree as follows: 1. The will form the Central New York Regional Plan Advisory Council that will act as a Consortium for the purpose of submissions of an application to HUD. 2. That the Central New York Regional Plan Advisory Council will consist of up to 50 members representing a broad cross section of agencies, organizations, and individuals across Central New York. 3. That the members of the Central New York Regional Plan Advisory Council will meet on a periodic basis to assist the with the preparation of the regional plan. ---PAGE BREAK--- 208 4. That the Central New York Regional Plan Advisory Council will be formally established by the upon notification that HUD has awarded a grant to the to prepare a regional plan. 5. The Central New York Regional Advisory Council is expected to serve in an advisory capacity to the for a period of time that may extend from two to three years. 6. That Cortland County has agreed to serve on the Central New York Regional Advisory Council , NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to sign the Central New York Regional Plan for Sustainable Development Partnership Agreement with Central New York Regional Planning and Development. Agenda Item No. 26 - Establish an Appropriation and Revenue Account New York State Department of Transportation (NYSDOT) Section 5316 – Job Access and Reverse Commute (JARC) - Cortland County Planning Department On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MR. ROSS RESOLUTION NO. 270-10 Establish an Appropriation and Revenue Account New York State Department of Transportation (NYSDOT) Section 5316 – Job Access and Reverse Commute (JARC) Cortland County Planning Department WHEREAS, the U.S. Department of Transportation is authorized to make grants available to States through the Federal Transit Administration (FTA) to support eligible projects under Section 5316 Job Access and Reverse Commute (JARC) (FTA C 90590.1); AND, WHEREAS, NYSDOT has been designated by the Governor of the State of New York to administer Section 5316 Federal formula reimbursement funds for projects designated to increase access for recipients of public assistance and low income persons to employment, as identified through a coordinated planning process, and consistent with the eligible activities described in the FTA Circular 9050.1; AND, WHEREAS, 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 incomes, AND WHEREAS, Resolution No. 177-10 authorized acceptance of the grant, authorizing agreements and amending 2010 budget, AND WHEREAS, Cortland County has been awarded FTA Section 5316 Federal funds to implement an eligible JARC service in Cortland County for a Federal Share amount of $150,000 and including the FTA required local match of $47,851.; AND, ---PAGE BREAK--- 209 WHEREAS, Seven Valleys Health Coalition will serve as the project manager and will be responsible for hiring a mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and implementing an Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies; AND WHEREAS, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, AND WHEREAS, the Chairman of the Legislature is authorized, upon County Attorney approval to execute and file applications including all Annual FTA Certification and Assurances, contract/agreements or any other document required by NYSDOT on behalf of Cortland County with NYSDOT to aid in the financing of an operating assistance and/or capital/mobility management project(s) pursuant to FTA Section 5316 JARC (FTA C 9050.1), as amended; AND WHEREAS, the Chairman of the Legislature upon County Attorney approval is authorized to sign an agreement with Seven Valleys Health Coalition, Inc., to serve as the project manager, AND WHEREAS, the 2010 County Budget was amended to increase expense and revenue in the amount of $150,000, NOW THEREFORE BE IT; RESOLVED, that an account for appropriations and revenue be established for Transportation Mobility Manager Services in the amount of $150,000. Agenda Item No. 27 - Establish an Appropriation and Revenue Account New York State Department of Transportation (NYSDOT) Section 5317 – New Freedom (NF) Cortland County Planning Department On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MR. ROSS RESOLUTION NO. 271-10 Establish an Appropriation and Revenue Account 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 ---PAGE BREAK--- 210 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.137-09 authorized a grant application under the NF program intended to fund innovative and flexible programs which identify and address the transportation needs of persons with disabilities, AND WHEREAS, Resolution No. 178-10 authorized acceptance of the grant, authorizing agreement and amending 2010 budget, AND WHEREAS, Cortland County has been awarded FTA Section 5317 Federal funds to implement an eligible NF service in Cortland County for a Federal Share amount of $100,000 and including the FTA required local match of $31,826.; AND, WHEREAS, Seven Valleys Health Coalition will serve as the project manager and will be responsible for hiring a mobility manager to coordinate the transportation needs of the various human service agencies in Cortland County and implementing an Intelligent Transportation System (ITS) to integrate public and private transit through a broad range of communications, monitoring, scheduling and dispatching technologies; AND WHEREAS, the required local match would be the responsibility of the Seven Valleys Health Coalition and the other various human service agencies involved in this project resulting in no cost to the County, AND WHEREAS, Cortland County has fulfilled the FTA coordinated plan requirements that the project “must be derived from the project area Coordinated Plan”, AND WHEREAS, the Chairman of the Legislature is authorized, upon County Attorney approval to execute and file applications including all Annual FTA Certification and Assurances, contract, agreements or any other document required by NYSDOT on behalf of Cortland County with NYSDOT to aid in the financing of an operating assistance and/or capital/mobility management project(s) pursuant to FTA Section 5317 NF (FTA C 9045.1), as amended; AND WHEREAS, the Chairman of the Legislature upon County Attorney approval is authorized to sign an agreement with Seven Valleys Health Coalition, Inc. to serve as the project anager, AND WHEREAS, the 2010 County Budget was amended to increase expense and revenue in the amount of $100,000, NOW THEREFORE BE IT RESOLVED, that an account for appropriations and revenue be established for Transportation New Freedom Program in the amount of $100,000. Agenda Item No. 28 - Amend 2010 Budget, Motor Vehicle Equipment - And 5311 Capital Project Federal Planning Department NYS DOT Transportation Planning For Localities On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MR. ROSS RESOLUTION NO. 272-10 Amend 2010 Budget, Motor Vehicle Equipment ---PAGE BREAK--- 211 And 5311 Capital Project Federal Planning Department NYS DOT Transportation Planning For Localities WHEREAS, the County of Cortland submitted a request for grant funds from the New York State Department of Transportation, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) for the purchase of two medium duty buses and related equipment, PC and related equipment, Fleet GPA System and Maintenance equipment, AND WHEREAS, the County of Cortland and State of New York entered into an Agreement which authorized the undertaking of the Project, and reimbursement to the municipality of 100% of the project cost through the American Recovery and Reinvestment Act of 2009 at a cost of up to or approximately $285,715.00. AND WHEREAS, the State of New York awarded the County of Cortland $242,500 for the purchase of two medium duty buses, AND WHEREAS, the State of New York awarded the County of Cortland a supplemental grant amount of $10,500 for maintenance equipment, NOW THEREFORE BE IT, RESOLVED, that the 2010 budget be amended to show this supplemental award amount, INCREASE: A56305.52030 Transportation/Motor Vehicle Equipment $10,500.00 INCREASE A563044.44597 5311 Capital Project/5311 Capital Federal $10,500.00 Agenda Item No. 29 – Adopt Proposed Local Law No. 1 for the year 2010 – 2010 Retirement Incentive Program On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace thanked Personnel Director Annette Barber for her hard work in preparing this incentive. He said this is a targeted incentive which will select certain eligible employees that will save the County about $90,000. All members voting in favor, except Mr. Willcox, who was opposed. Agenda Item No. 29 became: ON MOTION OF MR. PACE RESOLUTION NO. 273-10 Adopt Proposed Local Law No. 1 for the Year 2010 2010 Retirement Incentive Program WHEREAS, proposed Local Law No. 1 for the year 2010 elects to provide a retirement incentive program for Part A targeted employees, and said local law was introduced at the Legislative Session held on August 26, 2010, AND WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof required by law, NOW THEREFORE BE IT ---PAGE BREAK--- 212 RESOLVED, that proposed Local Law No.1 for the year 2010 shall take effect upon filing as required by law, and reads as follows: Local Law No. 1 of 2010 Local Law to Adopt the 2010 Retirement Incentive Program Part A – Chapter 105, laws of 2010 A LOCAL LAW electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the Cortland County BE IT ENACTED by the Legislature of the County of Cortland, as follows: 1. The Cortland County Legislature hereby elects to provide all of its eligible employees with a retirement program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the retirement incentive program shall be October 1, 2010. 3. The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the Cortland County for each employee who receives the retirement benefits payable under this local law. 5. This act shall take effect upon filing as required by law. Agenda Item No. 30 – Amend County Health Insurance Policy On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MR. PACE RESOLUTION NO. 274-10 Amend County Health Insurance Policy WHEREAS, the Cortland County Health Insurance Policy is available to Cortland employees who are 55 years old, have ten (10) years of County service, and retire into New York State Employees’ Retirement Systems, AND WHEREAS, the County of Cortland has adopted the 2010 Targeted Part A and/or Part B Retirement Incentive Program for certain employees, NOW THEREFORE BE IT RESOLVED, that the County Health Insurance Policy be amended to include employees who meet the requirement of the 2010 Targeted Part A Retirement Incentive Program, who are on the list targeted by the Cortland County Legislature, and who are at least 50 but not yet 55 who have at least ten (10) years of County service. ---PAGE BREAK--- 213 Agenda Item No. 31 - Authorize Agreement - Employment and Training Department Cayuga- Cortland Workforce Investment Board (WIB) and The Chief Elected Officials of Cayuga and Cortland Counties On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. PRICE RESOLUTION NO. 275-10 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, 2010 and ending June 30, 2011. Agenda Item No. 32 – Amend Budget – DSS (TANF) On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. PRICE RESOLUTION NO. 276-10 Amend Budget Department of Social Services (TANF) WHEREAS, the NYS Office of Children and Family Services has allocated TANF funds for Non-Residential Domestic Violence Services, NOW THEREFORE BE IT ---PAGE BREAK--- 214 RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54800.4693 Admin-Non Res DV $12,075 Revenue: A601044.44693 Fed-Administration $12,075 Agenda Item No. 33 – Amend 2010 Budget Grow Cortland Program (Crown Industrial Corporation) On motion of Ms. Arnold. Seconded by Mr. Bushnell. Karen Niday of the IDA was invited to speak about the program. She said this was established in 2006 as an incentive to bring businesses to Cortland County. This particular business is coming from Ithaca, and moving into the Cortland Commerce Center, formerly the Smith Corona site, and will be manufacturing auto parts. Mr. Hartnett said that this is the last of the $50,000 that was initially allocated, and he would like to see the fund replenished in the 2011 budget. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 277-10 Amend 2010 Budget Grow Cortland Program (Crown Industrial Corporation) WHEREAS, by Resolution No 138-06 of 2006, the Cortland County Legislature partnered with the Cortland County Business Development Corp to establish the “Grow Cortland Program” which targets small businesses and provides grants to small businesses in the form of deferred loans, AND WHEREAS, a request for disbursement has been made by the Cortland County Business Development Corp for funding the “Grow Cortland Program” in accordance with Resolution No. 138-06 of 2006, to fund $10,000 in the relocation of machinery and equipment for the Crown Industrial Corporation, 839 Rte 13, Cortland, New York 13045, AND WHEREAS, the disbursement to a prior request, Resolution No 275-07, Feed AC, 45 North Fulton Street, Homer, New York in the amount of $3,467.49 has been paid back to the Cortland County Business Development Corp due to the project not meeting the terms of the agreement, AND WHEREAS, $50,000 was appropriated for the “Grow Cortland Program” in the 2006 Adopted County Budget of which there is a $6,532.51 remaining, NOW THEREFORE BE IT RESOLVED, that the 2010 Adopted Budget is hereby amended as follows: Increase Expense A0599 Appropriated Fund Balance $6,532.51 Increase Expense A64205 54825 IDA/BDC $6,532.51 ---PAGE BREAK--- 215 Agenda Item No. 34 – Amend Budget – County Administrator On motion of Ms. Arnold. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 278-10 Amend Budget County Administrator WHEREAS, there have been previous legislative actions taken that left a number of accounts in the County Administrator’s budget with negative balances, NOW THEREFORE BE IT RESOLVED, that funds be moved from Contingency to cover the shortages with the following amendments to the 2010 Budget Decrease: Expense A19905 54775 Contingency $ 68,118.31 Increase: Expense A11755 51005 Personal Services $10,445.68 A11755 51035 Other Compensation $16,338.21 A 11755 54055 Professional Services $ 7,200.00 A24975 54785 Debt Service TC3 $34,134.42 Announcements Mr. Pace announced that the regular Health Committee meeting will be held Sept. 16 at 8:00 a.m. The CHHA sub-committee will hold a meeting Sept. 13 to hear the RFP results. The Clerk announced that there will be a public hearing to consider Local Law No. 2 of 2010 and a Special Meeting of the Legislature on Sept. 1, 2010 to adopt said law. Adjournment Mr. Spaulding made a motion to adjourn the meeting. Seconded by Mr. Cornell. The meeting was adjourned. Cortland County Legislature September 1, 2010 6:00 P.M. Minutes Public Hearing Chairman Williams opened the public hearing at 6:00 p.m. The Clerk read the legal notice, advertising the public hearing for Proposed Local Law No. 2 of 2010 – A Local Law Providing for the Term of Office of ---PAGE BREAK--- 216 the County Administrator. As there was no one who wished to speak regarding the proposed Local Law, Chairman Williams closed the public hearing. Order of Business Chairman Williams opened the meeting at 6:03 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Legislators Briggs, Cobb, Spaulding and Troy, who were all excused. Privilege of the Floor No one wished to address the Legislature. New Business Agenda Item No. 1 – Adopt Proposed Local Law No. 2 of 2010 – Extending Term of County Administrator. On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace explained that this resolution approves that a local law be placed on the general election ballot in November, and would provide for up to a four-year term for the County Administrator. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. PACE RESOLUTION NO. 279-10 Adopt Proposed Local Law No. 2 for the Year 2010 Providing for the Term of Office of County Administrator WHEREAS, proposed Local Law No. 2 for the year 2010 provides for the term of office of the Cortland County Administrator, and said local law was introduced at a Special Legislative Session held on September 1, 2010. AND WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as required by law, NOW THEREFORE BE IT RESOLVED, that proposed Local Law No. 2 for the year 2010 is hereby adopted, and this proposed Local Law being subject to mandatory referendum, the Clerk of the Legislature is hereby directed to transmit to the Cortland County Board of Elections the form of the ballot proposition which shall be submitted for the approval of the electors of Cortland County at a general election on November 2, 2010, AND BE IT FURTHER RESOLVED, that the proposed Local Law No. 2 for the year 2010 shall become operative only if approved at such election by the affirmative vote of a majority of the qualified electors of Cortland County voting upon the proposition, and upon filing as required by law, NOW, THEREFORE, BE IT ENACTED by the Legislature of the County of Cortland, as follows: Local Law No. 2 of 2010 A Local Law Providing for the Term of Office for the ---PAGE BREAK--- 217 Position of Cortland County Administrator BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1. Definitions As used in this local law, the following terms shall mean and include: 1. “County” – the County of Cortland, State of New York 2. “Local Law” – a law adopted by the County Legislature pursuant to this local law or other act of the County Legislature in accordance with the provisions of the New York State Municipal Home Rule Law. 3. “County Act” – a local law or resolution adopted by the County Legislature. Section 2. County Administrator Office Created and Continued Pursuant to the provisions of the Municipal Home Rule Law, the position of Cortland County Administrator was established by the Cortland County Legislature by Local Law No. 7 of the year 2002, and as amended by Local Law No. 3 of the year 2003, which provided that the County Administrator be appointed by the County Legislature for a fixed term of office not to exceed four years. The Cortland County Legislature desires to fix the term of the County Administrator in accordance with §23 of the Municipal Home Rule Law. All provisions of Local Law No. 7 of the year 2002 and Local Law No. 3 of the year 2003 shall remain in full force and effect except as modified herein. Section 3. County Administrator Term of Office A. The term of office of the County Administrator shall be up to four years from and including the first day of January. Successors shall be appointed for terms up to four years each. B. Vacancies occurring otherwise than by expiration of term shall be filled by appointment by the County Legislature for the unexpired portion of the term. C. Every County Administrator appointed for a fixed term may hold over and continue to discharge the duties of his/her office after the expiration of his/her term until his/her successor is chosen and has qualified, but after the expiration of such term the office shall be deemed vacant for the purpose of choosing a successor. All provisions of Public Officers Law §5 not inconsistent with this local law shall apply. D. At least six months prior to the end of the County Administrator’s term of office, the County Legislature shall determine if it wishes to advertise and seek applications for the position or to reappoint the incumbent County Administrator. The County Administrator shall receive written notification of either decision. If it is the wish of the County Legislature to seek applications for the position of County Administrator, the Chairman of the County Legislature shall appoint a Selection Committee. Section 4. No Divestiture of Powers or Duties of the County Legislature ---PAGE BREAK--- 218 Nothing contained in this local law shall operate or be constructed to divest the Cortland County Legislature or any of its powers or duties. Section 5. Separability of Provision If any clause, sentence, paragraph, subdivision, section or part of this local law be adjudged by any court or competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered. Section 6. Ballot Proposition Upon the adoption of this local law 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 2010 to the electors of the County of Cortland, to be held on the 2nd day of November, 2010. Shall there be approved and adopted in the County of Cortland, New York, a local law entitled ‘A local law providing for the term of office for the position of County Administrator’, as enacted by the Cortland County Legislature on 1st day of September, 2010.” Section 7. 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 §27. Agenda Item No. 2 – Authorize Agreement – County Clerk/PlastiCard Systems On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. PACE RESOLUTION NO. 280-10 Authorize Agreement County Clerk PlastiCard Systems WHEREAS, the Cortland County Clerk’s Pistol permit card issuing equipment was purchased in January, 2006 and has printed over 4,000, tamper proof, secure Pistol Permit Cards and Amendment Cards, AND WHEREAS, it is imperative that this equipment be operable, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature upon review and approval of the County Attorney, is hereby authorized to enter in to an agreement with PlasitCard Systems, Inc., for the period of one year, commencing 09/02/2010 and ending 09/01/2011 for the amount of $585.81 for complete maintenance on the card printer and for software support of $631.93; totaling $1,217.74. ---PAGE BREAK--- 219 Agenda Item No. 3 – Authorize Contract – JM General Contracting – County Office Building Painting (Buildings & Grounds) On motion of Mr. Willcox. Seconded by Mr. Ross. Mr. Williams explained the reason this and the next resolution are being considered at the Special Meeting is because the summer is coming to an end and the work should be done when the weather is cooperative. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLCOX RESOLUTINO NO. 281-10 Authorize Contract JM General Contracting – County Office Building Painting (Buildings & Grounds) WHEREAS, the Cortland County Office Building is in need of maintenance, including painting and lead paint abatement, AND WHEREAS, Cortland County has solicited quotes for said services, AND WHEREAS, JM General Contracting, 6769 Steger Road, Preble, NY 13141, has provided a proposal for the scope of work, NOW THEREFORE BE IT RESOLVED, that Chairman of the Cortland County Legislature, upon review of the County Attorney, is hereby authorized and directed to execute a contract with JM General Contracting, 6769 Steger Road, Preble, NY 13141, for said services, at a cost not to exceed $10,000, to be paid out of A16205 54076 (B&G Expense). Agenda Item No. 4 – Authorize Contract – Kash & Sons Contracting (County Office Building Maintenance) On motion of Mr. Willcox. Seconded by Mr. Bushnell. Mr. Williams said the work will be done in four locations, all on the County Office Building. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 282-10 Authorize Contract Kash & Sons Contracting – County Office Building Maintenance (Buildings & Grounds) WHEREAS, the Cortland County Office Building is in need of masonry repair in multiple (four) locations, AND WHEREAS, Cortland County has solicited quotes for said services, AND WHEREAS, Kash & Sons Contracting, 20 Grove Street, Homer, NY 13077, has provided a proposal for the scope of work, NOW THEREFORE BE IT RESOLVED, that Chairman of the Cortland County Legislature, upon review of the County Attorney, is hereby authorized and directed to execute a contract with Kash & Sons Contracting, 20 Grove Street, Homer, NY 13077, for said services, at a cost not to exceed $7,100, to be paid out of A16205 54076 (B&G Expense). ---PAGE BREAK--- 220 Announcements Mr. Pace announced that the regular Health Committee meeting will be held Sept. 16 at 8:00 a.m. The CHHA sub-committee will hold a meeting Sept. 13 to hear the RFP results. Adjournment Mr. Willcox made a motion to adjourn the meeting. Seconded by Ms. Gofkowski. The meeting was adjourned. Cortland County Legislature September 23, 2010 6:00 P.M. Minutes Order of Business Chairman Williams opened the meeting at 6:02 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Mr. Bushnell, who Chairman Williams excused. Approval of Minutes Mr. Troy made a motion to approve the Minutes of August 26, 2010. Seconded by Mr. Troy. All members voting in favor; none opposed. The minutes were approved as printed. Ms. Price made a motion to approve the minutes of the September 1, 2010 Special Meeting minutes. Seconded by Mr. Parker. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor No one wished to address the Legislature. Proclamations & Recognitions The Clerk read a recognition of four officers who evacuated a burning building and saved the lives of the residents. Mr. Park presented the recognition to Sergeant David Tobias, Sergeant Joshua Parente, Officer Jason Kemp and City Police Officer Chad Hines. City Alderman Tom Michaels, who was on a ride-along at the time, spoke of the heroic actions of these officers. The Clerk read a proclamation declaring October 3-9 as Cornell Cooperative Extension and National 4-H Week. Mr. Ross, Chairman of the Agriculture/Planning/Environment Committee presented the proclamation to Syd McEvoy and Jerry Contento. ---PAGE BREAK--- 221 The Clerk read a proclamation declaring October as Disability Employment Awareness Month. Ms. Price, Chairman of the Human Services Committee, presented the proclamation to Chad Underwood and Aaron Baier, on behalf of Access to Independence. New Business Agenda Item No. 1 – Authorize Contract/Amend Budget – John Reagan/Auditing Services On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIMAS RESOLUTION NO. 283-10 Authorize Contract/Amend Budget John Reagan/Auditing Services WHEREAS, the tentative 2011 budget is scheduled to be provided in October, 2010, AND WHEREAS, it is necessary to have a complete and accurate account of county finances and the County’s current fiscal situation, AND WHEREAS, John Regan, CPA, has provided a proposal for providing said services, including but not limited to the development of a cash reconciliation procedure for all accounts, establishing a tracking method for revenues and expenditures in capital projects and reviewing various balance sheets, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval by the County Attorney, is hereby authorized and directed to sign a contract with John O. Regan, CPA, 16 Church Street, Cortland NY 13045, for above services, with a cost not to exceed $15,000, for work provided over a six-week period, to be paid out of Account # A13255 54055, AND BE IT FURTHER RESOLVED, that the 2010 budget be amended as follows: Decrease A13255 54055 1235 Professional Services $15,000 Increase A13255 54055 Professional Services $15,000 Agenda Item No. 2 – Authorize Contract – Jail Camera Wiring/Information Technology Mr. Willcox pulled this resolution from consideration. Agenda Item No. 3 – Authorize Agreement/Sheriff’s Department/911 Center – AAT Communications On 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. 284-10 Authorize Agreement Sheriff's Department/911 Center ---PAGE BREAK--- 222 AAT Communications Systems Corporation WHEREAS, the maintenance agreement on the 911 Center's Dynamic Instruments Equipment (Recorder) has been rebuilt and needs a service Contract, AND, WHEREAS, the cost of such maintenance agreement is $2,500 annually, for the period of October 1, 2010 through October 31, 2011, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign and agreement with AAT Communications Systems Corporation at a cost not to exceed $2,500 to be paid from Account A30255-54050 Equipment Maintenance and Repairs. Agenda Item No. 4 – Authorize Agreement – 911 Center/New World Systems Corp. Mr. Park pulled the resolution from consideration. Agenda Item No. 5 – Increase Salary – Sheriff’s Department/Court Attendants On motion of Mr. Park. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 285-10 Increase Salary Sheriff's Department Court Attendants WHEREAS, the Offices of Supreme and County Courts has advised a pay increase for court attendants would be in order, NOW THEREFORE BE IT RESOLVED, that the base rate per hour for court attendants is increased from $7.88 per hour to $8.25 per hour, effective October 1, 2010 and attendants who are assigned Family Court will be increased from $8.88 per hour to $9.25 per hour, effective October1, 2010. Agenda Item No. 6 - Accept FY09 State Homeland Security Grant Program - Fire & Emergency Management (Contract #C838490 – FY2009 State Homeland Security Program) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. PARK RESOLUTION NO. 286-10 Accept FY09 State Homeland Security Grant Program Fire & Emergency Management (Contract #C838490 – FY2009 State Homeland Security Program) WHEREAS, the Cortland County Department of Fire & Emergency Management applied for the FY09 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 ---PAGE BREAK--- 223 implemented under previous federal fiscal years with the New York State Homeland Security Program (SHSP) Grants, AND WHEREAS, a fully executed contract stipulating the terms and conditions of the agreement between the NYS Office of Homeland Security and the County of Cortland has been received on 08/30/10 for a total award of $59,972.00, for the initial contract period 08/01/2009 to 07/31/2012, NOW THEREFORE BE IT RESOLVED, that the 2010 Adopted County Budget is hereby amended as follows: Increase: Revenues: A341043.43306 Miscellaneous Revenue $59,972.00 Expenses: A34105.54080 Miscellaneous Grant $59,972.00 Agenda Item No. 7 - Amend and Update Agreements - Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives) On motion of Mr. Park. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PARK RESOLUTION NO. 287-10 Amend and Update Agreements Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives) WHEREAS, with adoption of 1985 Resolution No. 180, the Cortland County Legislature created an Alternatives to Incarceration Program, AND WHEREAS, the County of Cortland entered into a five year agreement with the New York State Division of Probation and Correctional Alternatives in the year 2005 to provide local Alternatives to Incarceration Programming, AND WHEREAS, the County of Cortland has received reimbursement yearly from the State Division of Probation and Correctional Alternatives, AND WHEREAS, a Service Plan for the New York State funding (January 1, 2010 to December 31, 2010) has been approved by the Cortland County Criminal Justice Advisory Board, AND WHEREAS, that Service Plan calls for an agreement between the County of Cortland and the State Division of Probation and Correctional Alternatives to provide both Pretrial Release and Community Service Programming for the County of Cortland, AND WHEREAS, the New York State Division of Probation and Correctional Alternatives will provide reimbursement to the County of Cortland for local Alternatives to Incarceration Programming in an amount not to exceed $16,159.00, NOW THEREFORE BE IT RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney, is hereby authorized to amend the agreement with New York State Division of ---PAGE BREAK--- 224 Probation and Correctional Alternatives contract #C110600 for the term of January 1, 2010 to December 31, 2010, whereby in consideration of the total sum $16,159.00 for the year 2010 the County of Cortland will provide local Alternatives to Incarceration Programming as set forth in said agreement. Agenda Item No. 8 - Authorize Hangar Space Lease and Rental Rate - Building MH-1 / Cortland County Airport Mr. Fuller pulled this resolution from consideration. Agenda Item No. 9 - Authorized Hangar Space Lease and Rental Rate Building MH-1/Cortland County Airport On motion of Mr. Fuller. Seconded by Mr. Troy. The Clerk referenced an amendment to the resolution, which was approved by the highway committee and could be found on their desks. The amendment added the following: “AND BE IT FURTHER RESOLVED, that the County request proposals for said hangar space, six months prior to the completion of this lease agreement.” Ms. Briggs said she thinks it is in the County’s best interest to go out to bid for the lease of the property immediately, and that she believes the County may get a higher rent amount that what is currently being provided. All members voting in favor; except Ms. Briggs, who was opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 288-10 Authorized Hangar Space Lease and Rental Rate Building MH-1 Cortland County Airport WHEREAS, Cortland County currently owns, maintains and leases various Hangar spaces at Cortland County Airport, AND WHEREAS, hangar Building MH-1 has become available for such leasing due to the termination of the present lease with D.R. Jones & Company, Inc., AND WHEREAS, the County Legislature desires to continue to receive revenue for rental of said hangar space in support of County ownership and operations at Cortland County Airport, AND WHEREAS, 7:47 Aviation, Inc., 922 NYS Route 222, Hangar MH-1, Cortland, NY 13045 is an existing business located at said Hangar MH-1 and conducting Pilot training, Aviation Ground School, Pilot/Aircraft Supplies and FAA Chart sales at the airport, AND WHEREAS, 7:47 Aviation, Inc. desires to lease said Hangar Building MH-1 for a period of 15 months at a rental rate of $990.00 commencing October 1, 2010, AND WHEREAS, the Highway Committee of the Legislature recommends leasing said hangar space to 7:47 Aviation, Inc., 922 NYS Route 222, Hangar MH-1, Cortland, NY 13045, per the above listed rental for said hangar space, NOW THEREFORE BE IT ---PAGE BREAK--- 225 RESOLVED, that the Legislature hereby approves the rental of said hangar space at Cortland County Airport to 7:47 Aviation, Inc., 922 NYS Route 222, Hangar MH-1, Cortland, NY 13045 for the period of October 1, 2010 to December 31, 2011 at the rental rate of $990.00, AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney as to form, is hereby authorized to execute the necessary Hangar Lease Agreement for said MH- 1 Building at Cortland County Airport, AND BE IT FURTHER RESOLVED, that the County request proposals for said hangar space, six months prior to the completion of this lease agreement. Agenda Item No. 10 – Authorize S. Main Street Building Foundation Removal Project – Highway Department On motion of Mr. Troy. Seconded by Ms. Price. All members voting in favor; except Mr. Willcox and Ms. Briggs, who were opposed. Agenda Item No. 10 became: ON MOTION OF MR. TROY RESOLUTION NO. 289-10 Authorize South Main Street Building Foundation Removal Project – Highway Department WHEREAS, the Highway Committee has requested the County Highway Department to remove concrete foundations and soil from 157-159 South Main Street Property in the City of Cortland, AND WHEREAS, the said concrete foundations were not included in the original contract documents for the demolition of structures located at 157-159 South Main Street, AND WHEREAS, the Tompkins Cortland Community College has agreed to purchase the materials to backfill the project area with the County providing all equipment and labor, AND WHEREAS, the Highway Superintendent has recommended the debris associated with the proposed project to be utilized as daily cover at the Cortland County Landfill, NOW THEREFORE BE IT RESOLVED, that the Cortland County Highway Superintendent is hereby authorized to proceed with the project, AND BE IT FURTHER RESOLVED, that the costs associated with the proposed project shall be charged to D51105.51005 and D51105.54065, with an estimated amount of $41,000, AND BE IT FURTHER RESOLVED, that the actual project costs shall be reimbursed to the County Highway Department in the 2011 Budget. Agenda Item No. 11 – Award Construction Contracts – Main Hangar MH-1 Renovations – General Levi R. Chase Field On motion of Mr. Fuller. Seconded by Mr. Ross. Mr. Willcox asked about a completion date. Mr. Buerkle responded the project will be complete three months after the contract execution date. All members voting in favor; none opposed. Agenda Item No. 11 became: ---PAGE BREAK--- 226 ON MOTION OF MR. FULLER RESOLUTION NO. 290-10 Award Construction Contracts – Main Hangar MH-1 Renovations Cortland County Airport – Gen. Levi R. Chase Field Highway Department WHEREAS, the Cortland County Legislature approved acceptance of NYSDOT Grant and provided for project funding for the project to Renovate Hangar MH-1 at the Cortland County Airport under Resolution No. 196-09, AND WHEREAS, the County of Cortland advertised for, received and opened bids on September 7, 2010 for Main Hangar MH-1 Partial Renovations, AND WHEREAS, the following list constitutes the results of said bid opening: BIDDER NAME AMOUNT OF BID General Construction – Contract No. 1 Paul J. Yaman, Inc. $213,626.25 1875 Lorings Crossing Rd. Cortland, NY 13045 Marchuska Brothers Const., LLC $254,574.00 436 Airport Rd. Endicott, NY 13760-4406 Bellows Const. Specialties, LLC $266,384.25 213 West Adams St. Syracuse, NY 13202 Electrical Construction – Contract No.2 Diekow Electric, Inc. $ 55,300.00 P.O. Box 417 Marathon, NY 13803 Panko Electrical & Maint., Inc. $ 59,300.00 1080 Chenango St. Binghamton, NY 13901 O’Connell Electric Co. $ 66,500.00 830 Phillips Rd. Victor, NY 14564 Blanding Electric, Inc. $ 71,966.00 429 Commerce Rd. Vestal, NY 13850 Matco Electric Corp. $ 81,700.00 320 North Jenson Rd. Vestal, NY 13850 ---PAGE BREAK--- 227 Plumbing Construction – Contract No.3 Adhan Piping Co., Inc. $ 19,490.00 1865 State Route 13 Cortland, NY 13045 Ackerman Plumbing Inc. $ 26,336.00 678 Sheridan Drive Tonawanda, NY 14150 , NOW THEREFORE BE IT RESOLVED, that in accordance with the recommendations of the Highway Committee, the County hereby awards the construction contracts for the project to the low bidders as follows General Construction - Contract No. 1: to Paul J. Yaman, Inc., 1875 Lorings Crossing Rd., Cortland, NY 13045, for the amount bid of $213,626.25; Electrical Construction – Contract No. 2: to Diekow Electric, Inc., P.O. Box 417, Marathon, NY 13803, for the amount bid of $55,300.00; Plumbing Construction – Contract No. 3: to Adhan Piping Co., Inc., 1865 State Route 13, Cortland, NY 13045 for the amount bid of $19,490.00, , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, and upon acceptance of the bid award package by the NYSDOT Aviation Bureau, is hereby authorized and directed to execute the necessary Construction Agreements for said project, AND BE IT FURTHER RESOLVED, that the project costs be charged to Account H56105.52253.5618 Agenda Item No. 12 - Authorize Agreements/Accept Funds - Health Department Administration/Special Programs Breast & Cervical Cancer Early Detection Program On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. PACE RESOLUTION NO. 291-10 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 $29,851 to continue the Breast and Cervical Cancer Early Detection Program for the period 6/30/10 – 6/29/11, which will pay for screening and diagnostic services for uninsured and underinsured women, AND ---PAGE BREAK--- 228 WHEREAS, the Cortland County Health Dept. contracts with other health care providers (physicians, laboratories, radiology services, etc.) to provide these services, AND WHEREAS, $5,920 is in the 2010 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 2010 County budget is hereby amended as follows Increase: Expense: A40105.54500.4007 Medical Fees & Services $23,931 Increase: Revenue: A401043.43450.4007 Cancer Services $23,931 , AND BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign this agreement with Health Research, Inc. and with other agencies and individuals to help coordinate the efforts of this grant. Agenda Item No. 13 – Authorize Agreements/Accept Funds – Health Department/Environmental Health – Drinking Water Program On motion of Mr. Pace. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PACE RESOLUTION NO. 292-10 Authorize Agreements/Accept Funds Health Department/Environmental Health Drinking Water Program WHEREAS, funds are available from the New York State Dept. of Health in the amount of $100,180 for the period April 1, 2010 through March 31, 2011, to continue to support the Cortland County Health Dept. in providing drinking water supply protection services, AND WHEREAS, $92,430 of these funds are already in the 2010 County Budget in accounts A40125.51005 $56,211 (Personnel), A40125.58020-58060 $26,742 (Fringe), A40125.54000-54500.4021 $9,477 (Contractual), and A401243.43450.4021 $92,430 (Drinking Water Revenue), NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be amended as follows: Increase: Expenses: A40125.54000.4021 Telephone $ 250 A40125.54012.4021 Special Supplies $ 700 A40125.54020.4021 Postage $ 150 A40125.54035.4021 Education & Training $ 500 ---PAGE BREAK--- 229 A40125.54040.4021 Membership $ 50 A40125.54300.4021 Vehicle Maintenance $1,000 A40125.54500.4021 Medical Fees/Water Testing $5,100 Increase: Revenue: A401243.43450.4021 Drinking Water $7,750 , 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 an agreement with the NYS Health Dept. to accept these funds. Agenda Item No. 14 – Authorize Agreement Health Department/Administration (Printer Maintenance) On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. PACE RESOLUTION NO. 293-10 Authorize Agreement Health Department/Administration (Printer Maintenance) WHEREAS, the Health Dept. Administration Division utilizes a color laser printer for Emergency Preparedness activities, as well as general office printing, AND WHEREAS, this laser printer would be costly to repair or replace, AND WHEREAS, the Health Dept. would like to renew our maintenance agreement with Davelle Office Equipment, Dryden, NY, effective September 1, 2010 through August 31, 2012, at a cost of $150/year for the LaserJet 5500 Color Printer, AND WHEREAS, these funds are available in the 2010 County Budget in Expenditure Account A40105.54050.4010 $150 (Emergency Preparedness Equipment Maintenance) AND WHEREAS, this agreement shall include a ninety-day extension clause allowing the agreement to be extended until November 30, 2012, if a successor agreement is not executed by August 31, 2012, 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 maintenance agreement with Davelle Office Equipment. Agenda Item No. 15 – Authorize Amended Agreement – Health Department/Public Health Preparedness (Health Research Inc.) ---PAGE BREAK--- 230 On motion of Mr. Pace. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PACE RESOLUTION NO. 294-10 Authorize Amended Agreement Health Department/Public Health Preparedness Health Research, Inc. WHEREAS, Resolution #282-09 gave the Cortland County Health Dept. permission to enter into an agreement with Health Research , Inc. for the period 8/09/09 - 8/10/10 to continue to assist our County in the development of a Public Health emergency response and preparedness plan and to implement administration of the H1N1 vaccine, AND WHEREAS, Health Research, Inc. would like to amend “the Contract End Date” for all phases of the HINI funds awarded for the agreement to 08/30/10, 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 amended agreement with Health Research, Inc. Agenda Item No. 16 – Authorize Contract/Actuarial Services (Personnel) On motion of Mr. Pace. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 295-10 Authorize Contract Actuarial Services Personnel WHEREAS, Cortland County is required to report its post-employment benefit liability for retired employees for fiscal year 2010, in accordance with Governmental Accounting Standard Board (GASB) Statement 45, AND WHEREAS, said services are budgeted and are to be paid for from Account No. CH9060554055, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized and directed to execute a contract with KBM Management, Inc./EBS/RMSCO, 30 Peninton Hills Mall, Fairport, New York 14450, in the amount not to exceed $7,650. Agenda Item No. 17 – Accept Bids/Authorize Purchase – Miscellaneous Groceries and Frozen Foods On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MS. PRICE RESOLUTION NO. 296-10 ---PAGE BREAK--- 231 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on September 2, 2010 for the period October 1, 2010 through December 31, 2010, 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, 11 Dennis St., Kirkwood, NY 13795 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, 2010 through December 31, 2010. Agenda Item No. 18 – Set Date for Filing of Foreclosed Properties On motion of Ms. Arnold. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 297-10 Set Date for Deed Filing of Foreclosed Properties WHEREAS, the deadline for payment of delinquent real property taxes is December 31, of each calendar year, AND WHEREAS, Under Article 11 of the Real Property Tax Law, a taxpayer’s right of redemption expires when the Cortland County Treasurer executes and records a deed conveying the property to the County, AND WHEREAS, the County of Cortland is desirous of taking all reasonable steps to permit the delinquent taxpayers who are able and willing to pay their delinquent taxes to do so and thus maintain ownership of their real property, AND WHEREAS, on 10/22/09, via Resolution No. 266-09, the Cortland County Legislature did extend the redemption period for payment of delinquent taxes for any given tax year until such time as the Cortland County Treasurer executes and records a deed conveying the property to the County, and the ---PAGE BREAK--- 232 Legislature did authorize and direct the Cortland County Treasurer to accept cash or certified check payments of delinquent real property taxes, in full for all delinquent years, as well as any penalties, interest and associated costs, until said deeds have been recorded, AND WHEREAS, the execution of deeds to the County currently has no determinate schedule and can happen over a wide time period in relation to the auctioning of the properties, AND WHEREAS, the Cortland County Legislature is desirous of setting a determinate time frame for the execution of deeds in relation to the date of auction for the affected foreclosed properties, NOW THEREFORE BE IT RESOLVED, that for future in rem tax foreclosure proceedings, beginning with those to be finalized in 2011, the deeds conveying foreclosed properties to the County are to be filed eight business days prior to the date set for auctioning of the subject properties, thus allowing delinquent taxpayers the opportunity to redeem their properties up to nine business days prior to the auction. Announcements The Clerk announced that Special Meeting of the Health Committee scheduled for September 24, 2010 has been cancelled. Mr. Cornell announced that there will be a (County, City, Towns, Villages and Schools) meeting following legislative session. Adjournment Mr. Troy made a motion to adjourn the meeting. Seconded by Mr. Cornell. The meeting was adjourned. Cortland County Legislature October 28, 2010 6:00 P.M. Minutes Order of Business Chairman Williams opened the meeting at 6:03 p.m., followed by the Salute to the Flag. The Legislature remained standing for a moment of silence in honor of former legislators Theodore Law and Robert Share, who passed away this month. The Clerk of the Legislature took roll call. All members were present, except Mr. Parker, who Chairman Williams excused. Approval of Minutes Mr. Willcox made a motion to approve the Minutes of September 23, 2010. Seconded by Mr. Troy. Ms. Arnold noted one correction. All members voting in favor; none opposed. The minutes were approved, pending a correction. ---PAGE BREAK--- 233 Privilege of the Floor Mr. Jim Weiss of Marathon spoke in support of Agenda Item No. 1. He said natural gas drilling will cause disruption of the environment in state forests, including both noise and air pollution that can affect the wildlife and habitat. Mr. Bob Applegate spoke regarding Agenda Item No. 1. He suggested an amendment to the resolution, and distributed a copy of said amendment. He said that has approved a similar moratorium on new gas leases, rather than all gas drilling. Ms. Chris Applegate spoke in support of Agenda Item No. 1. She noted that ATV use is prohibited in state forests due to noise and air pollution. She said hydrofracking operations disrupt the forest ecosystem much more than ATVs and should also be prohibited. Proclamations & Recognitions The Clerk read a Proclamation designating Red Ribbon Week in Cortland County, and Drug Facts Week in Cortland County. Ms. Price presented these proclamations to JoAnne Wickman of the Cortland Area Communities that Care Coalition. Receive & File Ms. Price made a motion to Receive & File a collection of petitions, signed by approximately 703 residents of Cortland County, in support of instituting Flow Control in Cortland County. Seconded by Mr. Troy. All members voting in favor; none opposed. Presentation of Petitions, Communications and Notices The Clerk indicated that, in accordance with the Rules of Order, the Legislature may change the date of any upcoming meeting, at the previous meeting. He noted that with the Thanksgiving and Christmas Holidays coming up, the Legislative Calendar needs to be changed, and asked for a motion to hold Legislative Sessions on November 18 and December 16. Ms. Gofkowski made a motion to hold legislative session on November 18 and December 16, 2010. Seconded by Mr. Cornell. All members voting in favor; none opposed. The motion was approved. The Clerk introduced Amanda Barber, District Manager of the Soil & Water Conservation District to discuss the Environmental Protection Agency’s regulation on the Total Maximum Daily Load in the Chesapeake Bay region. She said the regulations set forth are unrealistic. New York State and the DEC have submitted a management plan that was returned as insufficient by the EPA. The EPA has indicated that they may force the state into compliance, which would create significant cost concerns for Cortland County, from Wastewater treatment to stormwater management and perhaps most importantly to Cortland County farms, which is defined as any family that brings in at least $500 in profit from agriculture. New Business Agenda Item No. 1 – Resolution in Opposition to Natural Gas Drilling on State Forest Lands On motion of Mr. Williams. Seconded by Ms. Price. The Clerk distributed a copy of a proposed amendment provided by Mr. Bob Applegate. Ms. Price made a motion to amend the resolution as recommended. Seconded by Mr. Troy. Mr. Purser recommended a change in language, with was agreed upon. All members voting in favor; none opposed. The resolution was amended. Ms. Arnold asked if those Legislators that currently hold gas leases can vote on this resolution. Mr. Purser said they do not have to abstain from this vote. Ms. Gofkowski said she would like the resolution pulled, because many towns, in which the State forests are, have not been notified of this resolution. Ms. Arnold ---PAGE BREAK--- 234 said the comment period ends in one day, so pulling it would not allow the Legislature to comment. Mr. Ross said he thinks this should have gone through the Ag/Planning Committee, and that the Legislators who knew about this resolution should have contacted their constituents and town representatives. He said he did make those calls and the results were that Freetown supported the resolution, while Marathon, Scott, Taylor, Willet, were all opposed. Preble and Cortlandville were also unaware of the resolution, but were not ready to support or oppose it. Cortlandville already has a moratorium on drilling in the town. The Chairman called for a roll call vote. (See attached) The motion was approved with a weighted vote of 25,767. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 298-10 Resolution in Opposition to Natural Gas Drilling on State Forest Lands WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has developed a draft Strategic Plan for State Forest Management to guide the management of the 780,000 acres of State forest lands in New York State, AND WHEREAS, the NYSDEC is soliciting public comment on that plan until October 29 2010, and WHEREAS, the industrial scale of hydro-fracturing operations is incompatible with the purposes of and values provided by our State forest lands, AND WHEREAS, the activity of drilling for and transporting natural gas, with the attendant well pads, roads, pipelines, and ancillary facilities, will fragment our forest lands in ways that damage their values including threatening water resources, creating edges that impair habitat value for forest-dwelling species, removing natural vegetation cover, and allowing invasive species to become established, AND WHEREAS, rather than allowing fragmentation of State forests we should be increasing our acreage of unbroken State forest lands off limits to drilling to provide mitigation for the increasing fragmentation of private forest lands, AND WHEREAS, our State forests are increasingly used for all types of outdoor recreation activities and gas drilling will impair if not irreparably damage the value of this recreational resource, AND WHEREAS, outdoor recreation provided by the State forest lands is a valued and recognized component of our tourism economy with much potential for future growth, AND WHEREAS, most State forest lands are located in rural areas where roads, other infrastructure, and emergency response capabilities are ill suited to accommodating the level of impact on infrastructure and demand for services resulting from the industrial activity associated with high volume hydro- fracturing, AND WHEREAS, it is clear that, from a long-term environmental, economic, and social perspective, the value of our State forest lands will be much greater if left unimpaired by the impacts of gas drilling than if such drilling is allowed to occur, NOW THEREFORE BE IT RESOLVED, That the Cortland County Legislature urges the New York State Department of Environmental Conservation to modify the State Forest Management Plan to prohibit drilling for natural gas on State forest land using high volume hydro-fracturing, and to specifically recognize the important role that State forest lands can play in helping to mitigate some of the impacts of hydro-fracturing that may occur on private land, AND BE IT FURTHER ---PAGE BREAK--- 235 RESOLVED, That the Clerk of the Cortland County Legislature is hereby directed to forward copies of this resolution to Governor David Paterson, Senate Majority Conference Leader John Sampson, Senate Minority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canestrari, Assembly Minority Leader Brian Kolb, Senator James Seward, Barbara Lifton, Gary Finch, and NYSDEC Commissioner. Agenda Item No. 31 - Resolution of the Cortland County Legislature Authorizing the Formation of the Cortland County Development Corporation to Perform Essential Governmental Functions Including Activities Associated With the Promotion of Community and Economic Development and Job Creation and the Issuance of Bonds on Its Behalf On motion of Ms. Arnold. Seconded by Mr. Cornell. Mr. Garry VanGorder, Director of the IDA/BDC said this corporation will allow for the financing of local civic projects. The IDA/BDC no longer has the ability to offer low-cost loans for civic projects. This tactic is being used around the state to get around new NYS regulations. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 299-10 Resolution of the Cortland County Legislature Authorizing the Formation of the Cortland County Development Corporation to Perform Essential Governmental Functions Including Activities Associated With the Promotion of Community and Economic Development and Job Creation and the Issuance of Bonds on Its Behalf WHEREAS, it is the policy of the State of New York to promote the economic welfare and prosperity of its inhabitants and to actively promote, attract, encourage and develop economically sound commerce and industry, AND WHEREAS, Cortland County (the “County”) is tasked with the responsibility and burden to promote the health, safety and general welfare of the residents of the County by, among other things, preventing unemployment and economic deterioration by increasing and maintaining employment opportunities and attracting and sustaining economically sound commerce, AND WHEREAS, it is essential for the County to support the operation by not-for-profit corporations within the County to increase the employment opportunities for residents of the County, and the ability to provide financing through the issuance of tax exempt and taxable bonds to projects of not-for-profit corporations is essential to the continued development, construction, improvement and operation of projects by for-profit entities and not-for-profit corporations, AND WHEREAS, in furtherance of its public purposes, the County has supported the provisions of taxable and tax exempt financing by the Cortland County Industrial Development Agency (the “Agency”) and of certain other financial incentives to for-profit entities and not-for-profit corporations to promote the creation and preservation of employment opportunities for residents of the County and development of economically sound commerce consistent with the County’s burdens and responsibilities as expressed above, AND WHEREAS, in order to further promote the public purposes of the County, the County desires to form the “Cortland County Development Corporation” (the “Corporation”) under Sections 402 and 1411 of the New York Not-For-Profit Corporation Law (“N-PCL”) for the exclusive public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or ---PAGE BREAK--- 236 develop their capabilities for jobs, carrying on scientific research for the purpose of aiding the community of Cortland County by attracting industry to the community and by encouraging the development of, or retention of, industry in the community, and lessening the burdens of government and act in the public interest and which shall have the power, among other things, to construct, acquire, rehabilitate and improve for use by others, industrial or manufacturing plants, to assist financially in such construction, acquisition, rehabilitation and improvement, to acquire real or personal property and to issue bonds, notes and other obligations thereof, AND WHEREAS, to accomplish its job creation and other economic development responsibilities and relieve the burdens related to same, and to facilitate the ability of for-profit entities and not-for-profit corporations to access capital for projects that enhance, create and preserve employment opportunities for residents of the County, the County desires to task the Corporation with such burdens and responsibilities and authorize the Corporation to issue bonds on behalf of the County for such purposes and to work cooperatively with the Agency to achieve such public purposes, NOW THEREFORE BE IT RESOLVED, the County hereby authorizes and directs the formation of the Corporation and designates the County as sole member of the Corporation with the initial Board of Directors of the Corporation to consist of the individuals that are the current members of the Agency, and thereafter to consist of such other individuals as may hereafter be appointed by the County, as sole member, and the Corporation is hereby designated as an issuer on behalf of the County for the purposes of issuing bonds with authority to exercise on the County’s behalf all lawful powers as may be deemed necessary to accomplish its public purposes including to enhance, create and preserve employment opportunities for residents of the County, which such powers shall include, but not to be limited to, those powers described in N-PCL Section 1411 and to be described in the Corporation’s Certificate of Incorporation, with the power to issue tax-exempt and taxable bonds, notes, or other obligations on behalf of the County in furtherance of its purposes, provided, however, that any obligations issued by the Corporation shall never be a debt of the State of New York, the County or any political subdivision thereof (other than the Corporation) and neither the State of New York, the County or any political subdivision thereof (other than the Corporation) shall be liable thereon,AND BE IT FURTHER RESOLVED, that the County is hereby authorized to covenant and agree with the Corporation in a transaction contemplated by this resolution for the benefit of the Corporation and the holders from time to time of any bonds, notes or other obligations or other securities (hereinafter collectively, the “Securities”) issued by the Corporation that the County will not limit or alter the rights of the Corporation to fulfill the terms of its agreements with the holders of the Securities or in any way impair the right and remedies of such holders of the security for the Securities until the Securities, together with the interest due thereon or payable in respect thereof and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. Authorized representatives of the County are hereby granted the power to make such a covenant to an agreement with the Corporation and to take any and all actions necessary or desirable to cause such covenant and agreement to be made or enforced. The Corporation is hereby authorized to assign to or for the benefit of the holders of its Securities, any covenant or agreement made by the County pursuant to the foregoing provision, AND BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. Agenda Item No. 2 – Confirming Appointments by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Agency ---PAGE BREAK--- 237 On motion of Mr. Williams. Seconded by Mr. Troy. Mr. Williams noted that this board will consists of and run concurrent with the current IDA board. Mr. VanGorder said this made perfect sense and approved of the appointments. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 300-10 Confirming Appointments by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation WEHREAS, the Chair of the Cortland County Legislature has duly appointed and designated, subject to confirmation by the Cortland County Legislature, the following individuals to serve as the Board of Directors of the Cortland County Development Corporation: John Shirley, 901 Alfred Lane, Homer, New York 13077 Stephen Compagni, 1657 Lighthouse Hill Road, Homer, New York 13077 William Breidinger, 2118 State Route 13, Cortland, New York 13045 Edward Telling, 3938 Highland Road, Cortland, New York 13045 Michael McMahon, Creal Road, Homer, New York 13077 John O. Reagan, 96 Elm Street, Cortland, New York 13045 AND WHEREAS, it is the desire of the Cortland County Legislature to confirm said appointments, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby confirm the above appointments, effective immediately, for a two year term or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years. Agenda Item No. 3 – Resolution in Support of Lime Hollow Nature Center Grant Application – Cortland County Linear Park On motion of Mr. Williams. Seconded by Ms. Cobb. The Clerk indicated that Mr. Williams would like to strike the final “resolved” clause from the resolution. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 301-10 Resolution in Support of Lime Hollow Nature Center Grant Application Cortland County Linear Park WHEREAS, The Lime Hollow Nature Center is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Recreational Trails Program for a trail project to be located in the town of Cortlandville, a site located within the territorial jurisdiction of this Legislature; AND WHEREAS, as a requirement under the rules of 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, ---PAGE BREAK--- 238 RESOLVED, the Cortland County Legislature hereby does approve and endorse the application of Lime Hollow Nature Center for a grant under the Recreational Trails Program for a trail project known as Cortland County Linear Park and located within this community. Agenda Item No. 4 – Appoint Member – Community Services Board On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 302-10 Appoint Member Community Services Board WHEREAS, the By-Laws of the Cortland County Community Services Board, Article 3, Section 1 states that the membership of the organization shall consist of fifteen (15) members appointed by the Cortland County Legislature, AND WHEREAS, the term of each member of the Board shall be four years except for vacancies for unexpired terms, AND WHEREAS, there one vacancy due to resignation of Kathie Wilcox, whose terms is to expire 12/31/13, AND RESOLVED, that the following appointments be made: NAME/ADDRESS TERM Ann Reynolds 10/28/10 – 12/31/13 823 Gwen Lane Cortland, New York Agenda Item No. 5 – Appoint Members – Mental Retardation/Developmental Disabilities Subcommittee – Cortland County Community Services Board On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 303-10 Appoint Members Mental Retardation/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 Mental Retardation/Developmental Disabilities Subcommittee members are appointed through the Cortland County Legislature, AND ---PAGE BREAK--- 239 WHEREAS, two vacancies exist on said board, one due to the resignation of Deborah Ossit, NOW THEREFORE BE IT RESOLVED, the following persons are hereby appointed to serve as follows: NAME/ADDRESS TERM Polly Cator, MD(Remainder of Term) 12/31/2013 P.O. Box 4596 Ithaca, NY 14852 Kim Reakes 12/31/2013 3767 Prospect St. Truxton, NY 13158 Agenda Item No. 6 – Appoint Members Chemical Dependency Subcommittee – Cortland County Community Services Board On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 304-10 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, a vacancy exists on this committee, NOW THEREFORE BE IT RESOLVED, the following person is hereby appointed to serve as follows: NAME/ADDRESS TERM Kimberly McRae Friedman 12/21/2013 2151 Ames Road Cortland, NY 13045 Agenda Item No. 7 - A resolution in opposition to the Chesapeake Bay Total Maximum Daily Load (TMDL) regulatory proposal; requesting a statement of opposition from the NYS Legislature and Governor Patterson; and requesting intervention by our elected representatives in securing a moratorium on implementation of the Chesapeake Bay TMDL until such objections and concerns are fully addressed On motion of Mr. Ross. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 7 became: ---PAGE BREAK--- 240 ON MOTION OF MR. ROSS RESOLUTION NO. 305-10 A Resolution In Opposition to the Chesapeake Bay Total Maximum Daily Load (TMDL) Regulatory Proposal; Requesting a Statement of Opposition From the NYS Legislature and Governor Patterson; and Requesting Intervention by Our Elected Representatives in Securing a Moratorium on Implementation of the Chesapeake Bay TMDL Until Such Objections and Concerns are Fully Addressed WHEREAS, clean water and healthy watersheds are a priority for New York communities, and New York farmers who play a critical role in proven and successful local efforts to conserve and protect New York’s natural resources, AND WHEREAS, the U.S. Environmental Protection Agency Region 3 is implementing a Chesapeake Bay TMDL which imposes new and costly federal regulations on approximately 19 counties, 650,000 residents and 2,000 New York family farms within the NY portion of the Chesapeake Bay watershed area, AND WHEREAS, New York accounts for 10% of the total watershed area which is mostly forested is home to 4% of the total population in the watershed with agriculture (21%) being the dominant business sector, AND WHEREAS, the Federally-designed TMDL, intended to limit nitrogen, phosphorous and sediment discharges into the Chesapeake Bay, is now projected to cost New York State communities several billion dollars and farmers as much as $250 million over the next 15 years, without being able to satisfy EPA’s regulatory goal, AND WHEREAS, the best way to achieve the important public benefit of clean water at a regional level is through locally led conservation efforts, rather than a top-down federal, one-size-fits-all regulatory approach such as EPA’s TMDL for the Chesapeake Bay watershed, AND WHEREAS, EPA’s proposed TMDL regulation imposes disproportionately heavier restrictions for water quality in New York in order to help other states meet their overall TMDL goal, ignores New York’s excellent record of environmental accomplishments over the past 25 years using state and local conservation efforts, and forces unrealistic costs on the businesses, governments and residents within the watershed area, AND WHEREAS, even if the other states achieve their EPA mandated allocations by 2025, their water would still contain higher nutrient loads per acre than New York’s current 2010 load per acre, AND WHEREAS, New York is being expected to make nutrient reductions at proportionately the same level as other states and watersheds where there has been rapid population growth, dramatic expansions of animal agriculture and corresponding significant increase in pollution since 1985, while New York has decreased and contracted, AND WHEREAS, the EPA TMDL will preclude future growth in the New York portion of the watershed in order for New York State to reach and maintain the EPA mandated nutrient and sediment allocations, AND ---PAGE BREAK--- 241 WHEREAS, elimination of all wastewater treatment plant discharges or even with the elimination of animal agriculture and utilizing every best management practice available in the watershed area, New York would still not be able to meet EPA’s TMDL allocation, AND WHEREAS, we object to EPA’s discriminatory regulatory process that disproportionately burdens our farms and communities with costly mandates, weakens our rural economies, disrupts local food systems and provides no additional water quality protection for the Chesapeake Bay watershed, AND WHEREAS, we oppose EPA increasing its federal regulatory control and usurping state and local jurisdiction and authority in order to impose their TMDL, instead of working collaboratively with State agriculture and environmental protection agencies, Soil and Water Conservation Districts and local communities to address Bay watershed water quality concerns, AND WHEREAS, we object to EPA’s regulatory goals being proposed without confirmation of these goals meeting the intended water quality improvement, and without EPA ensuring realistic delivery of needed funding and technical assistance to meet such goals, AND WHEREAS supporting farmers, businesses and communities in their environmental management and pollution control endeavors like the Agricultural Environmental Management Program, stormwater management programs, etc., is how government can best aid in protecting water quality, AND WHEREAS, we support NYS Department of Environmental Conservation’s recommendations in their draft Phase I Watershed Implementation Plan which recognizes the environmental stewardship of New York farmers and communities and the inherent inequality of the current EPA proposal, NOW THEREFORE BE IT RESOLVED that while the Cortland County Legislature fully supports responsible efforts to improve water quality in the Chesapeake Bay watershed and protect our State’s environment and natural resources, we object to the unfair and unattainable mandate the Chesapeake Bay TMDL forces upon our local governments, local communities and family farms, AND BE IT FURTHER RESOLVED, that the Cortland County Legislature requests that the New York State Legislature and New York State Governor Patterson publicly oppose the Chesapeake Bay TMDL load allocations for the State of New York and the unfair burden that this places on the farmers and communities in the Chesapeake bay watershed in New York, AND BE IT FURTHER RESOLVED that the Cortland County Legislature urges its Congressional and State representatives to intercede with EPA, and enact superseding legislation if required, to delay implementation of the Chesapeake Bay TMDL 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 be transmitted to our two United States Senators, the Honorable Charles Schumer and the Honorable Kirsten Gillibrand; to our United States Representative, the Honorable Michael Arcuri; to the Honorable Governor David Paterson; to our New York State Senator, the Honorable James Seward; to our New York State Assembly Representatives, the Honorable Brian Kolb, the Honorable Barbara Lifton and the Honorable Gary Finch; to the Commissioner of the NYS Department of Agriculture and Markets; to the Commissioner of the NYS Department of Environmental Conservation and to EPA Region 2 Administrator Judith Enck. ---PAGE BREAK--- 242 Agenda Item No. 8 – Extend Contract – Several Departments – Uniforms & Rug Rental On motion of Mr. Willcox. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 306-10 Extend Contract Several Departments Uniforms & Rug Rental WHEREAS, employees of the Cortland County Highway Department, Buildings and Grounds Department, and Office for the Aging Department are required to wear specified uniforms, AND WHEREAS, per the contract between the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO and the County of Cortland, the uniforms are to be provided by the County, AND WHEREAS, by Resolution 169-07 and 154-09, and 258-10, the county contracted with Coyne Textile Services to provide said uniforms, AND WHEREAS, Cortland County wishes to extend the existing contract with Coyne Textile Services through December 31, 2010, NOWTHEREFORE, BE IT RESOLVED, that the County Legislature hereby authorizes and directs the Chairman of the Legislature, upon approval by the County Attorney as to form, to extend the provisions of the current contract with Coyne Textile Services, 140 Cortland Avenue, Syracuse, New York 13221 in accordance with the bid received in an estimated weekly amount of $190.11, through December 31, 2010. Agenda Item No. 9 – Authorize Agreement – Buildings & Grounds (6th Judicial Court District) On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 307-10 Authorize Agreement Buildings & Grounds ( 6th Judicial Court District ) WHEREAS, 1996 NYS Legislation, Senate Bill # 4428-b, allowed for changes in Section 39-b of the Judiciary Law and amends Sections54-j and 94920 of the State Finance Law, affecting the M&O procedures for the 6th Judicial Court District as it relates to Cortland County, AND, WHEREAS, Cortland County has prepared a Budget for 2010-2011 as part of its responsibility for meeting the regulations for the above changes in the laws, AND, WHEREAS, the NYS Unified Court System 6th Judicial District, has presented an agreement to the County for a period of April 1, 2008 through March 31, 2013 per Resolution No. 72-09, NOW THEREFORE BE IT, ---PAGE BREAK--- 243 RESOLVED, that this Legislature hereby authorizes the Chairman to renew the prescribed agreement, presented by the NYS Unified Court System, 6th Judicial District, upon approval of the County Attorney. Agenda Item No. 10 – Accept Proposal/Authorize Agreement – Kraft Power Corporation – Buildings & Grounds Department On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 308-10 Accept Proposal/Authorize Agreement Kraft Power Corporation Buildings and Grounds Department WHEREAS, the Buildings & Grounds Department has solicited, received and reviewed proposals from Penn Power Systems, Milton Cat Power Systems, Kraft Power Corporation & Cummins Northeast Inc., AND WHERAS, Kraft Power Corporation, 601 Cambridge Ave., Syracuse, N.Y. 13208 has provided the low estimate of $2,975.00 per year for January 1, 2011 through December 31, 2012, 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 Kraft Power Corporation for $2,975.00 per year for a total of $5,950.00 to be 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 for the period of 1/1/11 through 12/31/12. Agenda Item No. 11 – Accept Proposal/Authorize Agreement – Water Treatment Boilers - Buildings & Grounds Department On motion of Mr. Willcox. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 309-10 Accept Proposal/Authorize Agreement Water Treatment Boilers Buildings and Grounds Department 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, ---PAGE BREAK--- 244 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 twenty four (24) months 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, 2012. Agenda Item No. 12 – Authorize Contract – Jail Camera Wiring/Information Technology (Cortland Electronics) The Clerk indicated that an amended version of this resolution was on legislators desks that indicated once the other two bidders were disqualified, the remaining, and most expensive, is the only option. On motion of Mr. Willcox. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 310-10 Authorize Contract - Jail Camera Wiring/Information Technology (Cortland Electronics) WHEREAS, the County Jail is in need of an updated camera system, AND WHEREAS, new wiring is required for 33 camera positions and termination and mounting is required for 24 cameras, AND WHEREAS, three proposals were received: o Integrated Systems $10,174.99  cable run only o Cortland Electronics $11,055.00  cable run, terminate and mount o D&T Communications $ 9,736.16  cable run, terminate and mount , AND WHEREAS, Cortland Electronics, P624 Glenwood Avenue, Cortland, New York 13045 submitted the lowest, complete proposal at $11,055.00 to be paid out of account #A 1680 16805 4055, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign the contract on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 13 – Authorize Agreement Extension – Sheriff’s Department (NYS Security Services to Cortland County Courts On motion of Mr. Park. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. PARK RESOLUTION NO. 311-10 ---PAGE BREAK--- 245 Authorize Agreement Extension Sheriff’s Department (NYS Security Services to Cortland County Courts) WHEREAS, Cortland County entered into an agreement with the Unified Court System – Sixth Judicial District on February 25, 2010 (Resolution 66-10), for the period of April 1, 2009 through March 31, 2014, AND WHEREAS, Section I of the above referenced agreement provides that the dates of each period of the contract term after the initial period, as well as the maximum compensation, shall be established by the mutual written agreement of the parties. Pursuant to that section, we are establishing a new period in the five-year term of this Agreement, which period shall commence on April 1, 2010 and shall terminate on March 31, 2011, NOW THEREFORE BE IT RESOLVED, that during this 2010-2011 period, all the terms and conditions of the above referenced Agreement shall continue to apply, AND BE IT FURTHER RESOLVED, that said amounts shall be charged to A1110 county court and Account A1135 Supreme Court. Agenda Item No. 14 – Award Bid – Dwyer Park Fire Extinguisher System (Highway Department) On motion of Mr. Fuller. Seconded by Mr. Cornell. Mr. Fuller said that this project includes the replacement of the current “wet” system and glycol, with a new, dry system that will require less maintenance. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 312-10 Award Bid Dwyer Park Fire Extinguishing System Highway Department WHEREAS, the Highway Superintendent advertised for and received bids for the Dwyer Park Fire Extinguishing System, AND WHEREAS, The Highway Superintendent has received the following bids for the Dwyer Park Fire Extinguishing System and they are as follows: Dwyer Park Fire Extinguishing System BIDDERS BID Davis-Ulmer Sprinkler Co., Inc. $29,500.00 7633 Edgecomb Drive Liverpool, NY 13088 Associated Fire Protection Corp. $55,029.89 P.O. Box 3181 Syracuse, NY 13220 Simplex Grinnell, LP $76,776.00 ---PAGE BREAK--- 246 631 Field St. Johnson City, NY , AND WHEREAS, the amount is not to exceed $ 29,500.00, NOW THEREFORE BE IT RESOLVED, that the Cortland County Treasurer be and is hereby authorized and directed to make payment from Account A71105.54076 Property Repairs, AND BE IT FURTHER 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 Davis-Ulmer Sprinkler Co., Inc., 7633 Edgecomb Drive, Liverpool, NY 13088. Agenda Item No. 15 – Authorize Agreement/Transfer Certificate of Need – Cortland County Certified Home Health Agency/HCR (Health Department) On motion of Mr. Pace. Seconded by Mr. Troy. Mr. R. Parker, in his absence, provided a written statement as follows: “The decision to look at the sale of CHHA at first was a difficult one. Cortland’s Certified Home Health Agency records has been exceptional over the years and continues to provide quality home health assistance. Due to NYS removal of funding for the mandated program the Legislature has a hard decision to make while keeping in mind the job security of the employees as well as the hard working taxpayers of Cortland County. Review of HCR by the subcommittee shows an exceptional company with high standards for patient care. After reading the RFO and studying the company is a decision I feel is in the best interest of the people of Cortland County. It is unfortunate that I cannot be here for the vote due to training, but my committee vote should show that I support this resolution.” Mr. Pace discussed the process in which the legislature came to this decision, including interviews with staff, administration, and interested parties. He highlighted that Cortland County residents will receive as good, if not better services, with more specialization. He added that the County CHHA program was losing money due to reductions in State aid. Ms. Price said she initially was against transferring the certificate, but has been convinced it is in the best interest of the county and its residents. Mr. Pace added that all rural areas of the county would be served. He said that HCR plans to open a local office, and will hire the existing nurses and county employees. Mr. Troy and other Legislators thanked Mr. Pace for all the work he did in getting the Legislature to this point. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PACE RESOLUTION NO. 313-10 Authorize Agreement/Transfer Certificate of Need 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, four proposals were provided and reviewed by a dedicated Sub-committee of the Cortland County Legislature, AND ---PAGE BREAK--- 247 WHEREAS, it is the recommendation of said Sub-Committee, and the County Health Committee that the County enter into a management agreement, and transfer the County’s Certificate of Need to HCR, 85 Metro Park, Rochester, NY 14623, NOW THEREFORE BE IT RESOLVED that the Chairman of the Legislature upon approval by the County Attorney is hereby 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 that would include timelines, billing procedures, etc., 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 a management agreement with HCR, based upon the terms negotiated by the parties. Agenda Item No. 16 – Authorize Agreement – Kinney Management Services LLC Kchecks Licensing Fee On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 314-10 Authorize Agreement Kinney Management Services, LLC, Kchecks® Licensing Fee Health Department/Mental Health Department/Department of Social Services 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 WHEREAS, Cortland County, including the Health Department, Mental Health Department, and Department of Social Services (as indicated by regulatory interpretation) desire to contract with Kinney Management Services, LLC for a Kchecks® Licensing Agreement at an annual cost of $540 per Department (state rate) for the period November 1, 2010, through October 31, 2012, AND WHEREAS, this agreement shall include a ninety day extension clause, allowing the respective agreement to be extended until January 31, 2013, if a successor agreement is not executed by October 31, 2012, AND WHEREAS, funding is available in the 2010 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; the Commissioner of Social Services, 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 November 1, 2010, through October 31, 2012. ---PAGE BREAK--- 248 Agenda Item No. 17 – Amend 29010 Budget, Motor Vehicle Equipment and 5311 Capital Project Local and Federal Planning Department (NYSDOT Transportation Planning for Localities) On motion of Mr. Ross. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. ROSS RESOLUTION NO. 315-10 Amend 2010 Budget, Motor Vehicle Equipment And 5311 Capital Project Local And Federal Planning Department - NYSDOT Transportation Planning For Localities WHEREAS, the County of Cortland submitted a request for grant funds from the New York State Department of Transportation, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) for the purchase of two medium duty buses and related equipment, PC and related equipment, Fleet GPA System and Maintenance equipment, AND WHEREAS, the County of Cortland and State of New York entered into an Agreement which authorized the undertaking of the Project, and reimbursement to the municipality of 100% of the project cost through the American Recovery and Reinvestment Act of 2009 at a cost of up to or approximately $285,715.00, AND WHEREAS, there is $24,000.00 budgeted in the 5311 Local Capital Project fund A56303042.42300 which needs to be transferred to the 5311 Federal Capital Project fund A563044.44597, as the municipality reimbursement is 100% from Federal and State Funding, NOW THEREFORE BE IT RESOLVED, that the 2010 budget be amended to show 5311 Federal Capital Project funds as follows: DECREASE Account No. A563042-42300 $24,000.00 5311 Capital Project/5311 Capital Local INCREASE Account No. A563044.44597 $24,000.00 5311 Capital Project/5311 Capital Federal Agenda Item No. 18 – Authorization for Section 5311 Annual Operating Assistance Cortland County Planning Department On motion of Mr. Ross. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 18 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 316-10 Authorization to make Application for Section 5311 Annual Operating Assistance Cortland County Planning Department WHEREAS, the County of Cortland is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a fixed ---PAGE BREAK--- 249 route and demand response service throughout the County, with limited service to contiguous counties, by First Transit, Inc. for the 2011 and 2012 fiscal years, AND WHEREAS, the County of Cortland and the State of New York have entered into a continuing Agreement for a ten-year period of 1/1/2002 to 12/31/2012 that authorizes the undertaking of the Project and payment of the Federal Share, identified as State Contract No C003671, 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 annual grant application and process and complete the above named project, AND BE IT FURTHER RESOLVED, the County of Cortland is contracting with a third-party subcontractor for the project described above, AND BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval of the County Attorney, is authorized to sign any contracts or agreements between the County of Cortland and any third party subcontractor necessary to complete the above named Project. Agenda Item No. 19 – Authorize Agreement with Benefit Consulting Group, LLC – Health Insurance Benefit Consulting Services (Personnel Department) On motion of Mr. Pace. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 317-10 Authorize Agreement with Benefits Consulting Group, L.L.C. Health Insurance Benefit Consulting Services County of Cortland WHEREAS, Cortland County, in 2004, solicited proposals for Health Insurance Program Benefits Consulting Services, resulting in the County Legislature, through Resolution No. 77-04 and subsequent extension authorizing a contract with Benefit Consulting Group, L.L.C., through Resolution No. 391-08, AND WHEREAS, the County wishes to extend this agreement for the period of January 1, 2011 to December 31, 2012, under the same terms and conditions, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized and directed to enter into an agreement for Health Insurance Benefit Consulting Services for an amount not to exceed thirty-four thousand two hundred dollars ($34,200 per year) for the period of January 1, 2011 through December 31, 2012, to be paid from Account CH 90605.54055-Medical Benefits Professional Services. Agenda Item No. 20 – Re-Appoint Personnel Officer – Personnel Department On motion of Mr. Pace. Seconded by Mr. Cornell. Chairman Williams stated his strong support for Ms. Barber’s reappointment, as did other legislators. Chairman Williams indicated that both he and County Administrator Martin Murphy had done a performance evaluation for Ms. Barber. (Upon approval the legislature gave Ms. Barber a standing ovation.) All members voting in favor; none opposed. Agenda Item No. 20 became: ---PAGE BREAK--- 250 ON MOTION OF MR. PACE RESOLUTION NO. 318-10 Re-Appointment Personnel Officer Personnel Department WHEREAS, the Cortland County Legislature through Resolution No. 376-04 appointed Annette D. Barber as the Personnel Officer on November 18, 2004 for a six –year term ending November 17, 2010 pursuant to Section 15 of the New York State Civil Service Law, AND WHEREAS, the County Administrator, after evaluation, recommends the reappointment of Annette D. Barber as Personnel Officer, AND WHEREAS, the Personnel Committee concurs with the County Administrator’s recommendation of reappointment, NOW THEREFORE BE IT RESOLVED, that Annette D. Barber, Cortland, New York be and is hereby appointed for a term commencing November 18, 2010 and ending November 17, 2016, and shall be compensated in accordance with the Management and Management Confidential Compensation Policy as may be amended from time to time. Agenda Item No. 21 – Authorize Agreements/Area Agency on Aging – Several Agencies/Departments On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MS. PRICE RESOLUTION NO. 319-10 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 2011 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. ---PAGE BREAK--- 251 Walden Place Agenda Item No. 22 – Abolish/Create Secretary II/Secretary to the Commissioner of Social Services On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MS. PRICE RESOLUTION NO. 320-10 Abolish/Create Social Services Department Secretary II/Secretary to the Commissioner of Social Services WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Secretary II and creating one full-time position of Secretary to the Commissioner of Social Services, AND WHEREAS, the Human Services and the Budget & Finance Committees recommend the abolition and creation of these positions, NOW, THEREFORE BE IT RESOLVED, that one full-time position of Secretary II (Grade2, $15.6291-19.0152/hr., Management Confidential Plan, competitive class) be and hereby is abolished effective November 19, 2010, AND BE IT FURTHER RESOLVED, that one full-time position of secretary to the Commissioner of Social Services (Grade 2, $15.6291-19.0152/hr., Management Confidential Plan, competitive class) be created effective November 20, 2010. Agenda Item No. 23 – Authorize Agreements – Department of Social Services (Day Care Services) On motion of Ms. Price. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MS. PRICE RESOLUTION NO. 321-10 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 2011 for Day Care Services with agencies/providers pursuant to criteria established by the New York State Office of Children and Family Services AND BE IT FURTHER RESOLVED, that the said agreements shall be contingent upon the approval of the County Attorney or designee and subject to appropriation of funding by the Legislature. Agenda Item No. 24 – Authorize Agreements – Department of Social Services (Work Experience Work Sites) On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 24 became: ---PAGE BREAK--- 252 ON MOTION OF MS. PRICE RESOLUTION NO. 322-10 Authorize Agreements Department of Social Services (Work Experience Work Sites) RESOLVED, that the Chairman of the Cortland County Legislature, upon review by the County Attorney or designee, be and hereby is authorized and directed to execute contractual agreements in 2011 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 Mental Health Clinic Cortland County Personnel Department Cortland County Public Defender Agenda Item No. 25 – Authorize Agreements – Department of Social Services (Foster Care) On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MS. PRICE RESOLUTION NO. 323-10 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 2011 for foster care and adoption services with foster care and adoption agencies and/or foster care parents licensed or otherwise authorized by the New York State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that the said agreements shall be contingent upon the approval of the County Attorney or designee and subject to appropriation of funding by the Legislature. Agenda Item No. 26 – Authorize Agreements – Department of Social Services (Several Agencies, Departments) On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 26 became: ON MOTION OF MS. PRICE RESOLUTION NO. 324-10 Authorize Agreements ---PAGE BREAK--- 253 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 in 2011 for or with the following: All Metro Health Care ASI, LLC AT&T Caring Community Hospice Catholic Charities Cingular Wireless Cintas Document Management Community Action Program (CAPCO) Cornell Cooperative Extension for Cortland County Cortland City Police Cortland County Area Office for Aging Cortland County Central Services Cortland County District Attorney Cortland County Employment and Training Cortland County Health Department Cortland County Mental Health Clinic Cortland County Probation Department Cortland County Sheriff’s Department Elmcrest Children’s Services Excellus - BC/BS Family Counseling Services Family Health Network Fidelis Care First Transit d/b/a Cortland Transit Food Bank of Central New York Foster Parent Recruitment HEAP On-Call Fuel Emergency HEAP vendors Home Care for Cortland County Homer Police Department Huntington Adolescent Safe Option Treatment Program Industrial Medical Associates, Inc. Jacobus Center for Reproductive Health Jennifer Genovese, ACSW, LCSW J.M. Murray Center Legal Aid Society of Mid-New York Legal Consultants Legal Counsel for Non-Custodial Child Support Matters Lexis Nexis Accurint Liberty Resources Lifeline Systems, Inc. Managed Care Providers MedRev Recoveries ---PAGE BREAK--- 254 New York State Department of Criminal Justice New York State Department of Education New York State Department of Labor New York State Department of Taxation New York State Division of Information Technology New York State Office of Mental Retardation and Developmental Disabilities New York State Office of Temporary and Disability Assistance New York State Office of Children and Family Services New York State Department of Health New York State Police Orchid Cellmark Photo Micrographics, Inc. Process Servers School Districts Skeele Valley Detention Center Staff King Total Care Training Consultants Verizon Wireless YWCA Agenda Item No. 27 – Amend Budget (Department of Social Services) Family Assistance On motion of Ms. Price. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 27 became: ON MOTION OF MS. PRICE RESOLUTION NO. 325-10 Amend Budget Department of Social Services (Transfer) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2010 Budget, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expense: A60105.56109 Program-Family Assistance $340,000 Decrease: Expense: A60105.56100 Program-MMIS $160,000 A60105.56123 Program-Juvenile Delinquent $ 80,000 A60105.56140 Program- Safety Net $100,000 Agenda Item No. 28 – Amend Budget – Department of Social Services (Transfer) On motion of Ms. Price. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 28 became: ---PAGE BREAK--- 255 ON MOTION OF MS. PRICE RESOLUTION NO. 326-10 Amend Budget Department of Social Services (Transfer) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2010 Budget, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expense: A60105.51035 Admin-Other Comp & Raises $47,000 Decrease: Expense: A60105.51005 Admin-Regular Payroll $47,000 Agenda Item No. 29 – Designate Tourism Promotion Agency – Cortland County Convention and Visitor’s Bureau On motion of Ms. Arnold. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 327-10 Designate Tourism Promotion Agency Cortland County Convention and Visitors Bureau WHEREAS, the New York State Division of Tourisms Matching Grant Program is designated to encourage tourism promotion throughout New York and adjacent states, AND WHEREAS, the Cortland County Convention and Visitors Bureau Inc., a non-profit organization, promoting Cortland County as a tourism destination, qualifies as the official Tourism Promotion Agency for Cortland County, AND WHEREAS, the Cortland County Convention and Visitors Bureau has requested to be designated the Tourism Promotion Agency for Cortland County in 2011, NOW THEREFORE BE IT RESOLVED, that the Cortland County Convention and Visitors Bureau, Inc. is hereby designated by the Cortland County Legislature to make application for and receive grants on behalf of the County pursuant to the New York State Tourism Promotion Act. Agenda Item No. 30 – Authorize Contract/Richard McNeilly, CPA On motion of Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 328-10 Authorize Contract/Richard McNeilly, CPA ---PAGE BREAK--- 256 WHEREAS, Article 2, §21 of the NYS Transportation Law requires that Cortland County prepares a “schedule of state transportation assistance expended” and that said schedule be prepared by an independent Certified Public Accountant, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is hereby authorized to enter into an agreement with Richard M. McNeilly, 24 W. Franklin Street, Horseheads, NY 14845, for said services, with a cost not to exceed $8,500. Agenda Item No. 32 – Good Faith Vendor Negotiation – Interoperable Emergency Communications System/Sheriff (Motorola) On motion of Mr. Park. Seconded by Mr. Bushnell. Mr. Park said this does not encumber the County in any way at this point, but allows for the county to move forward. Ms. Gofkowski said the Fire Advisory Board has given its support to this resolution. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MR. PARK RESOLUTION NO. 329-10 Good Faith Vendor Negotiation – Interoperable Emergency Communications System/Sheriff (Motorola) WHEREAS, the County released a request for proposals for an countywide interoperable emergency communications system, AND WHEREAS, those proposals were received and opened on September 10, 2010, AND WHEREAS, two vendors submitted responses to the primary request and one vendor additionally submitted two alternate proposals.  Motorola o Primary response to request – 700Mhz system, sole owner  $19,695,061.00 o Alternate response one – 800Mhz system, partnership with Tompkins County  $15,884,887.00 o Alternate response two – UHF system, partnership with Tompkins County  $13,998,379.00  Harris o Primary response to request – 700Mhz system, sole owner  $20,339,876.27 , AND WHEREAS, Cortland County desires to negotiate in good faith with Motorola to pursue more fully their UHF proposal without binding the county to a contract or any particular course of action until all the details of their proposals can be explored, NOW THEREFORE BE IT, RESOLVED, that the Judiciary and Public Safety Committee is hereby authorized to negotiate in good faith with Motorola to pursue more fully their UHF proposal without binding Cortland County to a contract. ---PAGE BREAK--- 257 Announcements Mr. Cornell announced that there will be a (County, City, Towns, Villages and Schools) meeting following legislative session. Chairman Williams referenced Local Law No. 2 of 2010, which would permit the County Legislature to contract with the County Administrator for up to four years, if approved by a referendum of the voting public. He encouraged the public to support the proposition. Adjournment Mr. Spaulding made a motion to adjourn the meeting. Seconded by Mr. Bushnell. The meeting was adjourned. ROLL CALL VOTE Date: 10/28/2010 Agenda Item No. 1 - Resolution in Opposition to Natural Gas Drilling in State Forest Lands Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 0 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 0 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 25767 Majority 24300 2/3rd 32400 ---PAGE BREAK--- 258 Cortland County Legislature November 18, 2010 6:00 P.M. Minutes Order of Business Chairman Williams opened the meeting at 6:01 p.m., followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were present, except Ms. Cobb, who Chairman Williams excused. Approval of Minutes Mr. Troy made a motion to approve the Minutes of October 28, 2010. Seconded by Ms. Gofkowski. Mr. Parker noted that he was marked absent at the October 28 meeting and therefore his vote was counted as a “No” vote on all items. He said this has always been the practice, but according to the Rules of Order that person’s vote does not count for or against. He said he has pointed this out to the Rules of Order Committee to address. All members voting in favor; none opposed. The minutes were approved, pending a correction. Receive & File Ms. Price made a motion to Receive & File the Mortgage Tax Semi-Annual Distribution Report, the Annual Single Audit for Year Ending Dec. 31, 2009, and a report from Kathie Arnold, Chair of the Budget & Finance Committee on recommended changes to the 2011 Tentative Budget. Seconded by Mr. Bushnell. Chairman Williams thanked Ms. Arnold and the Budget & Finance Committee for their efforts during this budget review. All members voting in favor; none opposed. New Business Agenda Item No. 1 – Authorize Public Hearing – 2011 Tentative Budget On motion of Mr. Williams. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 330-10 Authorize Public Hearing 2011 Tentative Budget WHEREAS, the Budget Officer for the County of Cortland prepared and filed with the Cortland County Legislature a Tentative Budget for the fiscal year commencing January 1, 2011 and ending December 31, 2011, NOW THEREFORE BE IT RESOLVED, that a Public Hearing upon the 2011 Tentative Budget be held on November 30, 2010, at 6:00 p.m. in the Legislative Chambers, Cortland County Office Building, 60 Central Avenue, Cortland, New York, 13045 and that the Clerk of the Legislature properly advertise said meeting in the County’s designated newspaper. Agenda Item No. 2 – Authorize Public Hearing – Cold War Veterans Exemption On motion of Mr. Williams. Seconded by Mr. Bushnell. Mr. Troy thanked Ms. Briggs for working to get this on the agenda. All members voting in favor; none opposed. Agenda Item No. 2 became: ---PAGE BREAK--- 259 ON MOTION OF MR. WILLIAMS RESOLUTION NO. 331-10 Authorize Public Hearing Cold War Veterans Exemption WHEREAS, the Budget and Finance Committee has recommended the adoption of Local Law No. 3 of 2010, A Local Law To Provide For An Exemption From Real Property Taxes For Real Property Owned By Veterans Who Rendered Military Service To The United States During The “Cold War”, AND WHEREAS, adoption of said local law requires that a public hearing be held, NOW THEREFORE BE IT RESOLVED, that a Public Hearing upon proposed Local Law No. 3 of 2010, “A Local Law To Provide For An Exemption From Real Property Taxes For Real Property Owned By Veterans Who Rendered Military Service To The United States During The “Cold War”, be held on November 30, 2010, at approximately 6:05 p.m. in the Legislative Chambers, Cortland County Office Building, 60 Central Avenue, Cortland, New York, 13045, and that the Clerk of the Legislature properly advertise said meeting in the County’s designated newspaper. Agenda Item No. 3 – Petitioning Governor Paterson to declare Cortland County a Disaster Area Following the September 2010 Flooding Event On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MS. PRICE RESOLUTION NO. 332-10 Petitioning Governor Paterson to declare Cortland County a Disaster Area Following the September 2010 Flooding Event WHEREAS, Cortland County suffered significant damage to roads, bridges and other infrastructure as the result of a Sept. 29-30, 2010 flooding event, AND WHEREAS, the cost of repairs to said infrastructure are beyond the scope of the County’s ability to fund, and additional state and federal funds are necessary, AND WHEREAS, said funds cannot be made available to Cortland County without the designation of the storm site as an officially declared disaster area, AND WHEREAS, it appears the Central New York region of New York State did not suffer enough damages to meet the federal government’s threshold for federal assistance funds, however Cortland County witnessed severe localized flooding, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby requests Governor David Paterson to officially declare Cortland County a disaster area, thus making the County eligible to apply for New York State disaster assistance funds, AND BE IT FURTHER RESOLVED, that the Clerk of the Cortland County Legislature is hereby directed to forward copies of this resolution to Governor David Paterson, Chuck Wright and Andrew Finney of the Office of Homeland Security Emergency Services, Congressman Michael Arcuri, Assembly Minority Leader Brian Kolb, Senator James Seward, Barbara Lifton, and Gary Finch. ---PAGE BREAK--- 260 Agenda Item No. 4 – Amend 201 Budget/Transfer Funds – Sheriff’s Department/Jail (Overtime) On motion of Mr. Park. Seconded by Mr. Cornell. Chairman Williams said that this resolution and several to follow are simply transferring funds from within the department and is not using any contingency funds. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PARK RESOLUTION NO. 333-10 Amend 2010 Budget/Transfer Funds Sheriff's Department/Jail (Over Time) WHEREAS, due to the reduction of two full-time positions in the 2010 budget, and an increase in hospital duty of 24 hrs/day for two officers, for three shifts/day, covering an inmate stay of 38 days, AND WHEREAS, the cost of Overtime has increased to beyond the budgeted amount causing a deficit in the Overtime account, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget is hereby amended as follows: Decrease: Expenses: 911 A30255-51020 Overtime $20,000.00 911 A30255-51010 Part time $10,000.00 911 A30255-54000 Telephone $10,000.00 Increase: Expenses: A31505-51020 Overtime $40,000.00 Agenda Item No. 5 – Amend 29010 Budget/Transfer Funds Sheriff’s Department/Jail (Part-time Pay) On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. PARK RESOLUTION NO. 334-10 Amend 2010 Budget/Transfer Funds Sheriff's Department/Jail (Part Time Pay) WHEREAS, due to the increase use of part time officers to fill jail personnel shortages, and the mandated 240 hours each, basic training, of four part time officers, AND WHEREAS, the cost of Part time Pay has increased to beyond the budgeted amount causing a deficit in the Part time Pay account, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget is hereby amended as follows: ---PAGE BREAK--- 261 Decrease: Expenses: 911 A30255-51005 Personal Services $10,000 911 A30255-51020 Overtime $12,000 911 A30255-51005 Part-Time $ 2,000 911 A30255-54000 Telephone $ 3,000 Sheriff 31105-51005 Personal Services $ 5,000 Increase: Expenses: Jail A31505-51010 Part-time Pay $32,000 Agenda Item No. 6 – Amend 2010 Budget/Transfer Funds Sheriff’s Department/Jail (Medical Services/Medical Supplies On motion of Mr. Park. Seconded by Ms. Gofkowski. Chairman Williams said that the County cannot control these costs. If an inmate is ill, they must be treated. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. PARK RESOLUTION NO. 335-10 Amend 2010 Budget/Transfer Funds Sheriff's Department/Jail (Medical Services / Medical Supplies) WHEREAS, some of the inmates have had severe medical problems, AND WHEREAS, the cost of medical services has increased to beyond the budgeted amount causing a deficit in the medical services account, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget is hereby amended as follows: Decrease: Expenses: 911 A30255-54004 Computer Software $ 5,000 911 A30255-54050 Equipment Repair $ 5,000 911 A30255-58020 Retirement $ 7,000 911 A30255-58060 Health Ins. $10,000 Sheriff A31105-51005 PersonalServices $30,000 Sheriff A31105-52030 Motor Vehicle $ 5,000 Sheriff A31105-45012 Special Supplies $ 8,000 Increase: Expenses: JAIL A31505 54500 Medical Services $50,000 Expenses: ---PAGE BREAK--- 262 JAIL A31505 54006 Medical Supplies $20,000 Agenda Item No. 7 – Amend 2010 Budget/Transfer Funds Sheriff’s Department/Jail (Support Services) On motion of Mr. Park. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 7 became: ON MOTION OF MR. PARK RESOLUTION NO. 336-10 Amend 2010 Budget/Transfer Funds Sheriff's Department/Jail (Support Services) WHEREAS, a significant increase of inmate population, at certain times, has caused an increased number of inmates to be housed in other County jails, AND WHEREAS, the cost of Support Services has increased to beyond the budgeted amount causing a deficit in the Support Services account, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget is hereby amended as follows: Decrease: Expenses: 911 A30255-51005 Personal Services $20,000.00 Increase: Expenses: A31505-54083 Support Services $20,000.00 Agenda Item No. 8 – Award Purchase of a 2010 Honda Muv700 EFI Big Red On motion of Mr. Park. Seconded by Mr. Bushnell. Mr. Park said that this vehicle is being purchased entirely with grant funds. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. PARK RESOLUTION NO. 337-10 Award Purchase Of A 2010 Honda Muv700 EFI Big Red WHEREAS, The Office of Sheriff contacted three dealers for bids for a 2010 Honda MUV700 EFI (BIG RED) and received bids from all three for the purchase of an All-Terrain Vehicle, AND WHEREAS, these monies are derived from a Homeland Security Grant, (WM 2008 SLETPP), Resolution 187-10, AND WHEREAS, the Office of Sheriff has received the following bids for the purchase of one Honda All-Terrain vehicle and they are as follows: Honda All-Terrain Vehicle CNY POWER SPORTS $12,995.00 ---PAGE BREAK--- 263 3871 Rt. 11 Cortland, N.Y. 13045 SPORT-MANN SUZUKI/HONDA $18,434.42 6225 E. Taft Rd. North Syracuse, N.Y. 13212 BINGHAMTON HONDA, INC $13,116.26 120 E. Arterial Hwy. Binghamton, N.Y. 13901 , AND WHEREAS, the lowest bid received for ONE Honda 2010 MUV700 EFI big red, was from CNY POWER SPORTS, 3871 Rt. 11, Cortland, New York 13045 and charges to be paid from Account A31105-52030 the amount is not to exceed $12,995.00, NOW THEREFORE BE IT RESOLVED, that the County Treasurer be and is hereby authorized and directed to make payment from Account A31105-52030, with a maximum not to exceed $12,995.00 for the purchase of one 2010 Honda MUV700 EFI All Terrain Vehicle from CNY Power Sports, 3871 Rt. 11 Cortland, New York 13045. Agenda Item No. 9 – Authorize Agreement – Electronic Recycling Highway Department/Solid Waste On motion of Mr. Fuller. Seconded by Mr. Ross. Mr. Fuller said the hauler will get payment from the manufacturer once a new law is effective in 2011. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. FULLER RESOLUTION NO. 338-10 Authorize Agreement – Electronic Recycling Highway Department/Solid Waste WHEREAS, the Highway Superintendent advertised for and received bid for Electronic Recycling, AND WHEREAS, the Highway Superintendent has received the following bid for Electronic Recycling as follows: Electronic Recycling BIDDERS BID Regional Computer Recycling and Recovery $0.00 per ton 7318 Victor Mendon Rd. Victor, NY 14564 , 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 Regional Computer Recycling and Recovery, 7318 Victor Mendon Rd., Victor, NY 14564 for the period of January 1, 2011 through December 31, 2012, AND BE IT FURTHER ---PAGE BREAK--- 264 RESOLVED, that the Highway Superintendent is hereby authorized to execute the necessary paperwork and pay the associated $250 fee to the Department of Environmental Conservation which is required to continue Cortland County’s Electronic Recycling Program. Agenda Item No. 10 – Authorize Agreement Recycling/Highway Department – J.M. Murray Center – Recycling Sorting Services On motion of Mr. Fuller. Seconded by Mr. Ross. This is continuing the current practice at the Records Center. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR. FULLER AGENDA ITEM NO. 339-10 Authorize Agreement Recycling/Highway Department J.M. Murray Center-Recycling Sorting Services WHEREAS, the Highway Committee and the J.M. Murray Center desire to continue a program started in 2005 to create opportunities for employment for persons with disabilities while providing recyclable sorting services for the County, AND WHEREAS, the J.M. Murray Center is a New York State preferred vendor under § 162 of the Finance Law has presented a proposal to provide said service, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to execute an agreement with the J.M. Murray Center Inc., 823 NYS Rte. 13, Cortland, NY 13045 for the period of January 1, 2011 through December 31, 2011 in the amount not to exceed $138,000.00, to be paid from Appropriation Account EL81615.54055. Agenda Item No. 11 – Create/Appoint Airport Advisory Board Mr. Fuller pulled this motion from the table. Agenda Item No. 12 – Authorize Agreement/Environmental Monitoring – Highway Department/Landfill On motion of Mr. Fuller. Seconded by Mr. Cornell. The Soil & Water Conservation District has been doing this for years and it benefits the County and the agency. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF FULLER AGENDA ITEM NO. 340-10 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 ---PAGE BREAK--- 265 Conservation District to perform the environmental monitoring and the associated report preparation for the Cortland County Landfill for an estimated cost of $61,000.00 per year, to be paid from Landfill Account A81605-54055 on a quarterly basis commencing on the execution of the agreement and ending December 31, 2011. Agenda Item No. 13 – Authorize Agreement/Leachate Testing – Highway Department/Landfill On motion of Mr. Fuller. Seconded by Mr. Troy. The Soil & Water Conservation district draws samples of the leachate for testing and does so at a cost savings to the county when compared with other contractors. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER AGENDA ITEM NO. 341-10 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 County Landfill for an estimated cost of $15,000 per year, commencing on the execution of the agreement and ending December 31, 2011 AND BE IT FURTER RESOLVED, that all costs associated with landfill leachate testing shall be charged to account # EL81605.54055. Agenda Item No. 14 – Authorize Amnesty – Highway Department/Landfill (Village of McGraw) On motion of Mr. Fuller. Seconded by Ms. Price. Mr. Fuller explained that this is to dispose of flood- related debris. The trash has already been accepted at the dump, and this will permit the county not to bill for the service. All members voting in favor; none opposed. Mr. Ross abstained. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 342-10 Authorize Amnesty Highway Department/Landfill Village of McGraw WHEREAS, the Highway Committee of this Legislature has recommended at their November 9, 2010 meeting that the Village of McGraw be allowed to dispose of flood-related wastes for recent damages in a significant September flooding event, at no charge, AND WHEREAS, the Highway Department is authorized to establish the guidelines for such disposal, NOW THEREFORE BE IT ---PAGE BREAK--- 266 RESOLVED, that the Highway Department shall accept free of charge any flood-related garbage from the Village of McGraw for the recent September flooding event. Agenda Item No. 15 – Abolish/Create Public Health Educator (PT)/ Public Health Educator (FT) – Health Department On motion of Mr. Pace. Seconded by Ms. Price. Ms. Catherine Feuerherm, Public Health Director, stated that this is grant money, and the county is in year three of a five-year grant cycle. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. PACE RESOLUTION NO. 343-10 Abolish/Create Health Department Public Health Educator(PT)/Public Health Educator(FT) WHEREAS, the needs of the agency will be better served by abolishing one part-time position of Public Health Educator and creating one full-time position of Public Health Educator, AND WHEREAS, the Health/Budget & Finance Committees recommend the abolition and creation of these positions, NOW THEREFORE BE IT RESOLVED, that one part-time position of Public Health Educator (Grade16, $18.0724- 21.9878/hr., CSEA contract, competitive class) be and hereby is abolished on or after November 18, 2010, AND BE IT FURTHER RESOLVED, that one full-time position of Public Health Educator (Grade 16, $18.0724- 21.9878/hr., CSEA contract, competitive class) be created on or after November 18, 2010, AND BE IT FURTHER RESOLVED, that the 2010 Cortland County budget be amended as follows: Increase: Expense: A40105.51005 Personnel Services $2,910 Decrease: Expense: A40105.54055.4007 Ca Svces Professional Svces $1,681 A40105.51010 Part time Personnel $1,229 Agenda Item No. 16 – Authorize Application – Cortland County Health Department/Nursing Division (Application to Operate a Licensed Home Care Services Agency) On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said this is not to operate a CHHA, but rather to allow home care visits through the Medicaid Obstetrical and Maternal Services Program. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. PACE RESOLUTION NO. 344-10 Authorize Application ---PAGE BREAK--- 267 Cortland County Health Department/Nursing Division (Application to Operate a Licensed Home Care Services Agency) WHEREAS, in the absence of Certification as a Home Health Agency, becoming a Licensed Home Care Services Agency (LHCSA) is required to provide nursing services in the home setting, AND WHEREAS, there is a cost of $2,000 to the County for the Nursing Division to become a Licensed Home Care Services Agency, AND WHEREAS, funds to cover this cost are in the 2010 Nursing Division budget, NOW THEREFORE BE IT RESOLVED, that the Public Health Director, or designee, is hereby authorized to submit an application to the New York State Department of Health for the Nursing Division to operate a Licensed Home Care Services Agency. Agenda Item No. 17 – Authorize Agreements/Accept Funds – Health Department/Children with Special Needs (NYS Facilitated Enrollment Program) On motion of Mr. Pace. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. PACE RESOLUTION NO. 345-10 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 $120,000 from the NYS Dept. of Health to continue the Facilitated Enrollment Program, for the period January 1, 2011 through December 31, 2011, which assures families access to high quality health care through enrollment by community based providers, AND WHEREAS, these funds are in the 2011 County Budget in Accounts A40595.51005 and A40595.58020-58065 $101,140 (Personnel & Fringe); and A40595.54001 - 54083.4053 $18,860 (Contractual); and Revenue Account A405943.43489 $120,000 (Facilitated Enrollment), AND WHEREAS, the Cortland County Health Dept. will be contracting with other community agencies to help coordinate the efforts of this grant such as Cortland Regional Medical Center, 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, 2011, if successor agreements are not executed by January 1, 2012, 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. ---PAGE BREAK--- 268 Agenda Item No. 18 – Re-Appoint Member/Cortland County Board of Health (Dr. Christopher Moheimani, M.D.) On motion of Mr. Pace. Seconded by Ms. Gofkowski. Mr. Pace said it is NYS Law that this position be appointed for a six-year term. Dr. Moheimani’s previous tenure on the board was filling an existing vacancy. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PACE RESOLUTION NO. 346-10 Re-Appoint Member Cortland County Board of Health (Christopher Moheimani, M.D.) WHEREAS, the term of Christopher Moheimani, M.D will expire on the Cortland County Board of Health on December 31, 2010, NOW THEREFORE BE IT RESOLVED, that Christopher Moheimani, M.D. residing at 5407 Brake Hill Road, Homer, New York, be and hereby is re-appointed to said Board for a six year term to expire on December 31, 2016. Agenda Item No. 19 – Authorize Chairman to Sign Agreement/Planning Department (Cortland County and CNY Regional Planning & Development Board) On motion of Mr. Ross. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. ROSS RESOLUTION NO. 347-10 Authorize Chairman To Sign Agreement Planning Department (Cortland County and Central New York Regional Planning & Development Board 2011) WHEREAS, resolution 576-00, dated November 29, 2000 authorized the membership of Cortland County on the Central New York Regional Planning & Development Board, AND WHEREAS, a proposed agreement between Cortland County and the Central New York Regional Planning & Development Board for 2011 in the amount of $16,254.00 has been received, AND WHEREAS, funds for this payment are included in the 2011 budget in A80205.54040, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, and contingent upon the approval of the 2011 budget, be and hereby is authorized to enter into an agreement for 2011 with the Central New York Regional Planning and Development Board Agenda Item No. 20 – Authorize Agreement/Planning Department (Cortland County and Southern Tier East Regional Planning & Development Board) On motion of Mr. Ross. Seconded by Mr. Troy. Mr. Ross said that participating in this and the previous resolution provides the County with more than $8 for every dollar spent in membership. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. ROSS RESOLUTION NO. 348-10 ---PAGE BREAK--- 269 Authorize Agreement/Planning Department (Cortland County and Southern Tier East Regional Planning Development Board) WHEREAS, a proposed agreement between Cortland County and the Southern Tier East Regional Planning Development Board for 2011 in the amount of $10,805.00 has been received, AND WHEREAS, funds for this payment of $10,805.00 are included in the 2011 budget in A80205.54040, NOW THEREFORE BE IT RESOLVED, that the Chairman of this Legislature, upon review and approval by the County Attorney, be and hereby is authorized to enter into an agreement for 2011 with the Southern Tier East Regional Planning Development Board. Agenda Item No. 21 – Authorize Agreement – James W. Sewall Company and Cortland County Planning Department On motion of Mr. Ross. Seconded by Mr. Bushnell. This company provides assistance with the GIS portion of the Planning Department’s website. All members voting in favor; none opposed. Agenda Item No. 21 became: ON THE MOTION OF MR. ROSS RESOLUTION NO. 349-10 Authorize Agreement James W. Sewall Company and Cortland County Planning Department WHEREAS, Resolution 60-04 authorized a grant from the State Education Department, New York State Archives for a Local Government Records Management Improvement Fund (LGRMIF) to assist the Planning Department in developing an e-Government style website based on geographic information systems records currently possessed by the department to make records and some departmental services more accessible to the public, including flood zones, zoning districts and census data, AND WHEREAS, an Internet Mapping Services (IMS) site was created as a result of this grant, AND WHEREAS, the IMS site was updated in 2010 by James W. Sewall Company, AND WHEREAS, James W. Sewall Company has presented a proposal for 2011 for hosting and updating of the Planning Department’s Internet Mapping Services site that was completed with the grant funds including services to provide the required hardware and software, storage media, backup, security tools and IT support for the IMS site for an amount not to exceed $2,100.00, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to sign an agreement for an amount not to exceed $2,100.00, beginning January 1, 2011 and ending December 31, 2011, between Cortland County and James W. Sewall Company to provide hosting and updating of the Internet Mapping Services site, AND BE IT FURTHER RESOLVED, funds for payment of said agreement are included in the 2011 budget. ---PAGE BREAK--- 270 Agenda Item No. 22 - Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.- Cortland County Local 812-Unit 6650 - Effective January 1, 2011 to December 31, 2014 On motion of Mr. Pace. Seconded by Mr. Spaulding. County Administrator Mr. Murphy thanked the parties involved in the negotiations and the willingness of both sides to consider all points of view. Mr. Williams asked for a Roll Call vote. (see attached) All members voting in favor; none opposed. The motion was approved with a weighted vote of 46,282. (Ms. Cobb had no vote). Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 350-10 Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.- Cortland County Local 812-Unit 6650 - Effective January 1, 2011 to December 31, 2014 WHEREAS, the Cortland County and CSEA negotiating committees have met to negotiate a new contract, AND WHEREAS, the negotiating committees have agreed on a new contract, AND WHEREAS, CSEA, Local 1000, AFSCME, AFL-CIO – Unit 6550, Cortland County Local 812, ratified the contract on October 26, 2010, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves the attached contract. Agenda Item No. 23 – Amend Budget/Department of Social Services (Transfer) On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MS. PRICE RESOLUTION NO. 351-10 Amend Budget Department of Social Services (Transfer) WHEREAS, it is necessary to cover expenditures due to higher than anticipated costs when preparing the 2010 Budget, AND WHEREAS, the Chargeback Account covers the costs of several services for which the state pays statewide costs upfront and then charges each local district proportionally based on usage of those services, NOW THEREFORE BE IT RESOLVED, that the 2010 County Budget be and hereby is amended as follows: Increase: Expense: A60105.54110 Chargebacks $28,000 Decrease: Expense: ---PAGE BREAK--- 271 A60105.54083 Misc. Supporting Services $28,000 Agenda Item No. 24 – Authorizing the County Treasurer to Establish Contingency and Tax Stabilization Reserve Fund – Treasurer’s Office On motion of Ms. Arnold. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 352-10 Authorizing the County Treasurer to Establish Contingency and Tax Stabilization Reserve Fund – Treasurer’s Office WHEREAS, pursuant to General Municipal Law 6-e of New York State, Cortland County can establish a Contingency and Tax Stabilization Reserve in the General Fund to finance certain unanticipated revenue losses or unanticipated expenditures chargeable to the “eligible portion” of the annual budget and also may be used to lessen or prevent projected increases in 3excess of two and half percent of the amount of the real property tax levy needed to finance the “eligible portion” of the annual budget, AND WHEREAS, the County Treasurer is hereby directed to deposit and secure monies of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The County Treasurer may invest the monies in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law and consistent with the investment policy of the County of Cortland. Any interest earned or capital gains realized on the monies so deposited or invested shall accrue to and become part of the Reserve Fund. The County Treasurer shall account for the Reserve Fund in a manner which maintains the separate identity of the cash and investments of the Reserve Fund, AND WHEREAS, expenditures from this Reserve Fun shall be made only for the purpose for which the Reserve Fund is established; no expenditures shall be made from this Reserve Fund without the approval of this governing board, AND WHEREAS it is estimated that the 2010 General Fund Budget will have unanticipated excess revenue of $601,298.00, NOW THEREFORE BE IT RESOLVED, that Cortland County Legislature hereby authorizes the County Treasurer to establish a Contingency and Tax Stabilization Reserve Fund and move the excess revenue of $601,298.00 to the Contingency and Tax Stabilization Reserve Fund for future years. ON MOTION OF MS. ARNOLD RESOLUTION NO. 353-10 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 ---PAGE BREAK--- 272 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, 2010 Cortlandville Village of McGraw $ 1,553.59 Village of Homer $ 286.87 Town of Cortlandville $ 66,650.21 $ 68,490.67 Homer Village of Homer $ 9,758.91 Town of Homer $ 34,811.50 $ 44,570.41 Marathon Village of Marathon $ 1,501.78 Town of Marathon $ 6,555.09 $ 8,056.87 Announcements Mr. Murphy discussed the terms of the CSEA Agreement, including a 0% increase in salary in 2011, and 1.5% each year for the next three years, the Prescription Medication Plan, and the Health Insurance Plan. Mr. Cornell announced there will be a meeting of the County/City/Towns/Villages and Schools Committee following this session. Adjournment Mr. Cornell made a motion to recess the meeting. Seconded by Ms. Price. All members voting in favor; none opposed. The meeting was recessed until the November 30 public hearing. ROLL CALL VOTE Date: 11/18/2010 Agenda Item No. 22 - CSEA Agreement Jan. 1 2011 through Dec. 31 2014 Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 ---PAGE BREAK--- 273 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbaurer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 46282 46282 Majority 23142 2/3rd 30855 Cortland County Legislature November 30, 2010 6:00 P.M. – SPECIAL MEETING Minutes Public Hearing – 2011 Tentative Budget Chairman Williams opened the Public Hearing at 6:01 p.m. The Clerk read the legal notice for the public hearing on the 2011 Tentative Budget. The first speaker was Sharon Stevens of Hamlin Street, Cortland. She spoke in opposition to County Legislators receiving health insurance benefits. She spoke in favor of reducing the number of legislators from 19 to 17. The next speaker was Mr. Rich Couch of Pendleton Street in Cortland. Mr. Couch spoke in favor of increasing funds for highways, roads and bridges, which improves the quality of life and provides employment opportunities for county residents. The third speaker was Mr. Gene Palmer of York Street in Cortland. Mr. Palmer said the city of Cortland is putting forth a budget with no increase in the tax rate. He asked that the overall budget be reduced in order to reduce or level property taxes. He asked that legislators review the Taxpayer Protection Act from Monroe County. ---PAGE BREAK--- 274 The fourth and final speaker was Mr. John Carroll of Nye Road in Virgil. He thanked the county and union negotiation teams for the hard work and the concessions made in the recent union contract negotiations. He also asked that the county invest in countywide assessments in order to have an equitable tax rate throughout the county and keep all towns and villages “on the same page.” As there was no one else who wished to speak regarding the 2011 Tentative Budget, Chairman Williams closed the public hearing. Public Hearing – Local Law No. 3 of 2010 - Cold War Veterans Tax Exemption The Clerk announced that on the advice of County Attorney Ed Purser the Public Hearing on this local law will be cancelled and considered again next month. Order of Business Chairman Williams called the meeting to order at approximately 6:17 p.m., followed by the Salute to the Flag. The Clerk read the roll call. All members of the legislature were present. New Business Agenda Item No. 1 – Accept Proposal/Authorize Agreement – Participate in National Grid Rebate Program – Buildings & Grounds Department On motion of Mr. Willcox. Seconded by Ms. Price. Mr. Willcox explained that this resolution will allow the county to contract with National Grid for a lighting retrofit project which will provide the county with significant savings on utility bills. This project was originally in the scope of the NYPA Audit project, but has since been withdrawn. However, the lighting should still be considered part of one large energy conservation project which still includes the replacement of several boilers, which will still be done through NYPA. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 353-10B Accept Proposal/Authorize Agreement Participate in National Grid Rebate Program Buildings and Grounds Department WHEREAS, the Buildings and Grounds Committee has received proposals from the New York Power Authority and National Grid regarding rebates associated with a lighting retrofit project for County facilities, AND, WHEREAS the Buildings & Grounds Committee has reviewed those proposals and recommends participating in the National Grid program for rebates associated with a lighting retrofit project for County facilities, AND, WHEREAS those facilities are identified as: Cortland County Court House Horizon House 46 Greenbush St. 49 Grant St. Cortland, N.Y. Cortland, N.Y. Cortland County Recycling Center Cortland County Public Safety 137 Pendleton St. Building & Jail Cortland, N.Y. 54 Greenbush St. Cortland, N.Y. ---PAGE BREAK--- 275 Cortland County Landfill Cortland County Airport 4708 Townline Rd. 922 Groton Rd McGraw, N.Y. Cortland, N.Y Cortland County Cleary Bldg. County Highway Complex 37 Church St. Miller St. Ext/Traction Dr. Cortland, N.Y. Cortland, N.Y. AND, WHEREAS the Buildings & Grounds Committee has recommended to adopt the 24 month interest free payment option for the following facilities:  Cortland County Court House $ 505.28  Horizon House $ 52.32  County Recycling $ 189.82  Public Safety/Jail $1,197.26  Landfill $ 84.88  Airport $ 170.74  Cleary Bldg. $ 77.97  Highway Complex $ 718.40 to be paid from the corresponding Utility Account – .54025 , NOW THEREFORE BE IT, RESOLVED, the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to enter into multiple agreements (one for each facility) with National Grid to participate in a rebate program associated with a lighting retrofit project. Announcements The Clerk announced there will be a special meeting of the Legislature December 2, 2010, at 6 p.m. to adopt the 2011 Proposed County Budget Adjournment Ms. Price made a motion to adjourn the meeting. Seconded by Mr. Cornell. The meeting was adjourned. Cortland County Legislature December 2, 2010 6:00 P.M. – SPECIAL MEETING Minutes Order of Business ---PAGE BREAK--- 276 Chairman Williams called the meeting to order at approximately 6:03 p.m., followed by the Salute to the Flag. The Clerk read the roll call. All members of the legislature were present. New Business Chairman Williams asked that the Legislature consider Agenda Items 3 and 4 first. There were no objections. Agenda Item No. 3 – Amend Management/Management Confidential Comp Policy Grade and Step Schedule for 2011 On motion of Mr. Pace. Seconded by Ms. Gofkowski. Mr. Troy then made a motion to amend the original resolution to reflect a 1.5% increase, rather than a 3% increase. Mr. Hartnett seconded the motion. Mr. Troy said his constituents are opposed to a raise of but would settle for 1.5%. Mr. Cornell asked how much this would save. Mr. Troy said it would save about $76,000. Mr. Parker said he will abstain from this vote as his wife is part of the management compensation plan. Mr. Williams acknowledged this, but advised Mr. Parker that his abstention is not a legal necessity. Ms. Arnold, Ms. Price, Mr. Pace and Mr. Williams all spoke in favor of a 3 % increase. Mr. Williams called for a roll call vote. (See attached) The motion was approved with a weighted vote of 24,881 (Parker abstained and his vote was not totaled). Mr. Williams then called for a roll call vote on the amended resolution. (See attached). The resolution was unanimously approved, and Agenda Item No. 3 became: ON MOTION OF MR. PACE RESOLUTION NO. 354-10 Amend Management /Management Confidential Comp Policy Grade and Step Schedule for 2011 WHEREAS, the Cortland County Legislature through Resolution 424-05, adopted a Management/Management Confidential Compensation Employment Policy establishing a Grade and Step plan for employees falling under the plan, AND, WHEREAS, the County Administrator is recommending that the 2011 Grade and Step Plan be adjusted and established to incorporate a 1.5% cost of living adjustment, effective January 1, 2011 in accordance with the attached schedule, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes and directs a 3% cost of living adjustment be incorporated into the Management/Management Confidential Compensation Employment Policy 2011 Grade and Step plan for employees falling under the plan effective January 1, 2011, in accordance with the following schedule: 2011 INCREMENTS 1 2 3 4 5 6 Grade hire rate 2 year 4 year 6 year 8 year 10 year 1 $72,628 $75,534 $78,555 $81,697 $84,966 $88,364 2 $67,561 $70,264 $73,075 $75,997 $79,037 $82,199 3 $62,848 $65,362 $67,977 $70,696 $73,524 $76,464 4 $58,463 $60,802 $63,233 $65,763 $68,394 $71,129 5 $54,385 $56,560 $58,822 $61,175 $63,622 $66,167 6 $50,591 $52,614 $54,719 $56,907 $59,184 $61,551 7 $47,060 $48,943 $50,901 $52,936 $55,055 $57,256 8 $43,777 $45,529 $47,350 $49,244 $51,213 $53,262 9 $40,723 $42,352 $44,046 $45,808 $47,640 $49,546 ---PAGE BREAK--- 277 10 $37,882 $39,397 $40,974 $42,612 $44,317 $46,089 Management Confidential 5 $18.5619 $19.3044 $20.0766 $20.8797 $21.7148 $22.5834 4 $17.1581 $17.8444 $18.5582 $19.3004 $20.0724 $20.8754 3 $16.4981 $17.1581 $17.8444 $18.5582 $19.3004 $20.0724 2 $15.8635 $16.4981 $17.1581 $17.8444 $18.5582 $19.3004 1 $15.2534 $15.8635 $16.4981 $17.1581 $17.8444 $18.5582 LONGEVITY 15 year 20 year 25 years 30 year 35 year $1,500 $2,000 $2,500 $3,000 $3,500 Grade 1 Public Defender County Attorney Commissioner of Social Services Director of Information Technology Public Health Director Director, Comm Mental Health Services Director, Comm Mental Health (PT) Grade 2 Supt. Highways Sheriff Grade 3 Undersheriff Personnel Officer Grade 4 Probation Director II County Auditor Deputy Highway Supt. Deputy Public Health Director County Treasurer Director of Patient Services Director of Planning County Clerk Asst. District Attorney 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 Grade 6 Director Jacobus Center Director Hospice MH Director of Administrator Services Director of Social Services Director of Administrative Services Program Director Asst. Director of Patient Services Grade 7 Bldg. & Gr. Superintendent Medical Director Medical Advisor Grade 8 Deputy Personnel Officer Deputy County Treasurer Deputy County Auditor Coordinated Services Director ---PAGE BREAK--- 278 Grade 9 Emp. & Training Director Family Support Services Director Motor Equipment Fleet Supervisor Nutrition Program Director Youth Bureau Director Grade 10 Director Fire & Emergency Management Fiscal Officer Clerk – Legislature Adm. Service Manager Grade 11 Deputy County Clerk Motor Vehicle Director Asst. Director Fire & Emergency Management County Historian Safety Officer Coroner Assigned Counsel Administrator Fiscal Officer Trainee MANAGEMENT COMPENSATION Grade 1 Personnel Specialist 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 Grade 5 Audit/Accounts Payable Specialist Personnel Technician Agenda Item No. 4 – Revise Self Insurance Rates – Cortland County Employees; Health Benefits Program On motion of Mr. Pace. Seconded by Mr. Cornell. Ms. Annette Barber, Director of Personnel, explained that this represents a 5% increase in the rates based on experience and which was projected by the County’s consultant. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. PACE RESOLUTION NO. 355-10 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 ---PAGE BREAK--- 279 WHEREAS, RMSCO the County’s Third Party Administrator, has provided the County with premium equivalents based upon projected claims during the period January 1, 2011 through December 31, 2011, NOW THEREFORE BE IT RESOLVED, that effective January 1, 2011, 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, 2011 HEALTH/DENTAL/VISION INSURANCE RATES HEALTH INSURANCE RATES 2010 RATES* 2011 RATES Individual $642.47 $ 674.59 Family $1562.71 $1640.85 Employees Total Employee County Employee Share County Share Premium Share Share Perr Pay Check Per Pay Check S10 674.59 67.46 607.13 31.17 280.22 S20 674.59 134.92 539.67 62.24 249.10 S30 674.59 202.38 472.21 93.41 217.96 F10 1640.85 164.09 1476.76 75.76 681.57 F20 1640.85 328.17 1312.68 151.47 605.89 F30 1640.85 492.26 1148.59 227.20 530.10 RETIREES** S10% w/o MC $67.46 - 0 = 67.46 F10% w/o MC 164.09 – 0 = 164.09 S10% w/ MC $67.46 - 96.40 = 0 F10% w/MC 164.09 – 96.40 = 67.69 S10% w/MC (2010) $67.46 - 110.50= 0 F10% w/MC (2010) 164.09 – 110.50= 53.59 S20% w/o MC $134.92- 0 = 134.92 F20% w/o MC 328.17 - 0= 328.17 S20% w/ MC $134.92 - 96.40 = 38.52 F20% w/MC 328.17 – 96.40 = 231.77 S20% w/ MC (2010) 134.92 - 0.50= 24.42 F20% w/MC (2010) 328.17 - 110.50 = 217.67 MEDICARE PART B/ SURVIVOR’S SURVIVORS TOTAL PREMIUM/MO. COUNTY SHARE SHARE Single w/o MC 674.59 0 674.59 Single w/MC 674.59 96.40 578.19 Single w/MC (2010) 674.59 110.50 564.09 DENTAL INSURANCE RATES 2010 Rate 2011 Rate Emp. Mo. Share County Share Emp Share/Pay Single 12.00 6.00 6.00 2.78 ---PAGE BREAK--- 280 12.00 Family 48.00 48.00 42.00 6.00 18.76 VISION INSURANCE RATES 2010 Rate 2011 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 688.08 12.24 3.31 Family 1673.67 48.96 13.26 *Some employees will pay 2010 rates per their prospective labor agreements. **2011 Medicare rates have not yet been published. Therefore, retirees with Medicare may pay different rates than indicated. Agenda Item No. 1 – Revise 2011 Tentative Budget On motion of Ms. Arnold. Seconded by Ms. Price. The Clerk clarified that the motion is to revise the tentative budget by the changes recommended by the Budget & Finance Committee. Mr. Murphy initially reviewed the tentative budget. He noted that the budget reflects 90 fewer employees than it did 10 years ago, which has had a direct effect on services provided. He said that consumer spending is up which has helped the sales tax revenues. He said the largest obstacle for the county to overcome is the state mandates, with a continued reduction in state and federal funding. Ms. Arnold discussed the changes proposed by the Budget & Finance Committee. She said that the changes do not change the amount raised for the tax levy, or affect the tax rate for county residents. Chairman Williams called for a roll call vote. (See attached). The motion was approved with a weighted vote of 36,412, and Agenda Item No. 1 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 356-10 Revise 2011 Tentative Budget WHEREAS, the Tentative Budget for 2011 was presented by the County Administrator/Budget Officer and filed with the Clerk of the Cortland County Legislature on October 21, 2010, 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. ---PAGE BREAK--- 281 Agenda Item No. 2 – Adopt 2011 County Budget, As Amended On motion of Mr. Williams. Seconded by Mr. Cornell. Mr. Troy asked what was to become of the $76,000 that was taken out of the Management Compensation Plan. Ms. Price made a motion to amend the budget to include the Assistant County Attorney position that was cut from the 2011 budget. With salary and fringe it comes to $39,205.48. Seconded by Mr. Cornell. Ms. Price said she thinks this position is essential to the operations of the County Attorney. Mr. Purser said he thinks this will make operations more difficult, but not impossible. If it does not work he will come back to the Legislature to have the position put back. Chairman Williams called for a roll-call vote (see attached). The motion failed with a weighted vote of 13,140. Ms. Gofkowski asked about a transfer from the “E Fund” to balance the budget. Mr. Murphy said that this nearly $662,000 transfer was done in the 2010 budget, to the “D Fund.” As Mr. Chambers completes his projects out of the “D Fund” he will be charging this account to recapitalize the moneys in the “E Fund.” Mr. Murphy said this is not an ideal way to fund the budget, but making up that difference in one year would result in a significant tax increase. He will be working over the next year or two to hopefully not make such a transfer in the future. Mr. Chambers said that this money was originally meant for equipment purchases and that is not happening now, but the legislature is within its right to do so. Mr. Spaulding asked what the real property tax levy will be, after the changes made tonight. The Clerk said that that number could be filled in by the Treasurer’s Office, as it has to be adjusted for the changes made at this meeting. Mr. Murphy stated that rather than adjust the levy, he recommends taking any additional funds and adding it to the contingency fund, which would leave the tax levy at the same number, $31,061,867.00. Mr. Fuller made a motion that any changes made by the management compensation plan or other changes by Budget & Finance, goes into the contingency fund. Seconded by Mr. Troy. All members voting in favor, except Mr. Spaulding, who was opposed. Chairman Williams called a roll call vote on the tentative budget (see attached). The motion was approved with a weighted vote of 36,412. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 357-10 Adopt 2011 County Budget WHEREAS, the Budget and Finance Committee has presented a Tentative Budget to the Cortland County Legislature on December 2, 2010, AND WHEREAS, a Public Hearing was held before this Legislature on November 30, 2010 to consider the Tentative Budget, NOW THEREFORE BE IT RESOLVED, that the 2011 Tentative Budget, as amended and revised with a Real Property Tax Levy of $31,061,867, 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. Chairman Williams called for a five-minute recess before a presentation by Motorola. ---PAGE BREAK--- 282 Presentation – Interoperable Communications Project (Motorola) The Clerk introduced Mr. Jack Hess, and representatives from Motorola, who gave a presentation on the proposed Interoperable Communications Project. Mr. Hess gave an overview of the process the Communications Advisory Board has taken over the last five years to get to this point. The Legislature discussed the project including land acquisition, grant opportunities, a project timeline, and bonding. Resolutions to consider this project will go through the Judiciary & Public Safety Committee and the Budget & Finance Committee in December, and hopefully up for a vote on this legislature December 16. Adjournment Ms. Price made a motion to adjourn the meeting. Seconded by Mr. Hartnett. The meeting was adjourned. ROLL CALL VOTE Dec. 2, 2010 - Amend Agenda Item No. 3 - Management Comp Plan Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 0 Park 2042 1 0 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 0 Total 46275 24881 Majority 23138 2/3rd 30850 Parker has NO VOTE ROLL CALL VOTE Dec. 2, 2010 - Agenda Item No. 3 - Management Comp Plan (As Amended) Votes AYE NAY Total Arnold 3369 1 3369 ---PAGE BREAK--- 283 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 2364 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 46275 46275 Majority 23138 2/3rd 30850 Parker has NO VOTE ROLL CALL VOTE Dec. 2, 2010 - Amend 2011 Tentative Budget Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 36412 ---PAGE BREAK--- 284 Majority 24300 2/3rd 32400 ROLL CALL VOTE Dec. 2, 2010 - Add Assistant County Attorney to 2011 Budget Votes AYE NAY Total Arnold 3369 1 0 Briggs 2789 1 0 Bushnell 2362 1 2362 Cobb 2317 1 0 Cornell 2875 1 2875 Fuller 3351 1 0 Gofkowski 1973 1 0 Hartnett 2334 1 2334 Pace 2357 1 0 Park 2042 1 0 Parker 2324 1 0 Price 3207 1 3207 Ross 2314 1 0 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 0 Total 48599 13140 Majority 24300 2/3rd 32400 ROLL CALL VOTE Dec. 2, 2010 - Adopt 2011 Budget Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 0 ---PAGE BREAK--- 285 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 0 Williams 2320 1 2320 Total 48599 36412 Majority 24300 2/3rd 32400 Cortland County Legislature December 16, 2010 6:00 P.M. Minutes Public Hearing The Clerk announced the public hearing for Local Law No. 3 of 2010, “Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b.” Chairman Williams opened the public hearing at 6:00. There was one speaker; Mr. John Carroll of Virgil, who spoke in favor of the Local Law. As there was no one else who wished to speak, Chairman Williams closed the public hearing at approximately 6:04. Order of Business Chairman Williams opened the Regularly Scheduled meeting at 6:05 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 November 18, 2010, November 30, 2010 and December 2, 2010. Seconded by Mr. Willcox. All members voting in favor; none opposed. The minutes were approved as printed. Privilege of the Floor Mr. John Carroll was granted Privilege of the Floor. He spoke in opposition to Agenda Item No. 27 – Amend Management Compensation Policy. Receive & File Mr. Troy made a motion to Receive & File the Town General/Highway Report from the Real Property Tax Office; the Town Special District Report from the Real Property Tax Office, a Highway Equipment Inventory list, and correspondence from Lorraine Durgee regarding road conditions on S. Cortland-Virgil Road. Seconded by Mr. Park. All members voting in favor; none opposed. ---PAGE BREAK--- 286 New Business Chairman Williams asked if there were any objections to moving some agenda items to the beginning of the meeting to address the large crowds that were in attendance. There were no objections. Agenda Item No. 36 – A Resolution Providing for the Partial Payment of Real Property Taxes On motion of Ms. Arnold. Seconded by Mr. Troy. Ms. Arnold explained that many people are having difficulty paying their property taxes all at once, and this resolution will allow the first payment of 50% due by Jan. 31 of each year, with another 25% (plus1% penalty) due by March 15, and the final 25% (plus 1% penalty) by April 30. She called upon Ms. Karen Snyder, Cortlandville Town Clerk, to further discuss the proposed plan. Ms. Snyder said that this will help taxpayers and that the majority of town tax collectors are on board with this decision. All members voting in favor; none opposed. Ms. Arnold said this will begin on the 2012 tax bill, and there will be some publicity for this program, and it will be listed on the tax bill itself. Ms. Price said some towns have a fear of reduced interest collected on the taxes, and a reduced cash flow at the beginning of the year. Ms. Arnold said that the cash flow has been evaluated by the Treasurer’s Office and does not feel it will be a problem. She added that because this is being approved by resolution, not Local Law, it can be easily amended or rescinded in the future. All members voting in favor, except Mr. Fuller, who was opposed, saying this is an unfunded mandate being passed from the county to the towns. Agenda Item No. 36 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 358-10 A Resolution Providing For The Partial Payment Of Real Property Taxes WHEREAS, Chapter 680 of the Laws of 1994 of the State of New York authorizes the County Legislature of any County to authorize, by resolution, the collecting officers of all towns within the County to accept from any taxpayer partial payments for or on account of current taxes, special ad valorem levies or special assessments, AND WHEREAS, the New York State Board of Real Property Tax Services (ORPTS) has opined that such a resolution obliges town collecting officers to accept partial payments of current taxes, AND WHEREAS, the Cortland County Legislature believes that it would be beneficial to taxpayers, in all towns, to be able to have the option of making partial payments of current taxes especially in light of the difficult economic strains that many property owners are facing, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorize, pursuant to Section 928-a of the Real Property Tax Law, tax collectors, in all towns, in Cortland County to accept from any taxpayer partial payments, as described herein below, for or on account of current taxes, special ad valorem levies or special assessments, AND BE IT FURTHER RESOLVED, that partial payments may be made in three payments. The first payment due January 31st, shall be one half (50%) of the amount of the tax as levied, interest free; the second payment due by March 15th, shall be one quarter (25%) of the amount of tax as levied, plus interest at the statutory rate, charged against the unpaid balance only; and the third payment due by April 30th, shall be the remaining one quarter (25%) of the amount of the tax as levied plus interest at the statutory rate, charged against the unpaid balance only, and BE IT FURTHER RESOLVED, that the Cortland County Legislature authorizes a threshold of a minimum tax bill, no tax bill under $100.00 will be applicable to said partial payment plan, and ---PAGE BREAK--- 287 BE IT FURTHER RESOLVED, that said partial payment program shall not lengthen or extend the town’s warrant, AND BE IT FURTHER RESOLVED, that said partial payment program shall be effective immediately and shall commence with the levy of the 2012 Town/County taxes, subject to further resolution of the Cortland County Legislature. Agenda Item No. 37 – Authorizing Lead Agency Status for Cortland County Interoperable Communications Project On motion of Ms. Arnold. Seconded by Ms. Price. Ms. Arnold explained that this is a necessary step if the county intends to bond for the project. She added that this does not bind the county to the project or in any financial way. She added that the Motorola proposal expired Dec. 22, but the company has agreed to extend the proposal until the January meeting of the Legislature. All members voting in favor; none opposed. Agenda Item No. 37 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 359-10 Resolution Declaring The Legislature Of The County Of Cortland’s Intent To Be Lead Agency For Environmental Review Pursuant To The State Environmental Quality Review Act (SEQRA) For The Proposed Cortland County Emergency Radio Communications Project. WHEREAS, the county’s current radio communications system is in poor condition and after performing thorough needs assessment reviews it was proven that the system needs extreme upgrades, AND WHEREAS, the results showed that most of the current radio system infrastructure is over 30 years old and is approaching the end of its useful life, AND WHEREAS, 2013 FCC narrow banding mandates are quickly approaching and require the county to change frequencies and upgrade the emergency radio system, AND WHEREAS, the system will integrate to a P-25 compliant, interoperable system with enhanced capabilities at the same time, AND WHEREAS, the proposed project would appear to be a Type 1 Action requiring a coordinated review by all involved agencies in accordance with applicable provisions of the State Environmental Quality Review Act (SEQRA), AND WHEREAS, improving the radio system same would provide better communications to all public safety agencies in the county and would therefore be in the public interest, AND WHEREAS, the Legislature of the County of Cortland is an involved agency for the review of this project as the legislature will have to appropriate funding for same and approve and let contracts for construction and purchase of the new system, AND WHEREAS, it is estimated that, should the county proceed with this project, the costs of the project may be in the vicinity of $ 16 million and may require the issuance of bonds to finance same, AND ---PAGE BREAK--- 288 WHEREAS, the new system, if approved, will also require the construction of additional radio towers within the county, NOW THEREFORE BE IT RESOLVED, that the Legislature of the County of Cortland hereby declares its intent to be SEQRA Lead Agency for the review of this project and directs the County Attorney to take the necessary procedural steps to start and complete the applicable comment period with by providing notice to all municipalities within the County of Cortland and as applicable the NYSDEC, NYS Office of Parks, Recreation & Historic Preservation, the NYS Canal Corporation, the NYS DOT, the NY State Police and the FAA, FCC, U.S. Army Corps of Engineers, U.S. Coast Guard and U.S. Customs & Border Protection, and any other involved or interested agencies to establish the County Legislature as Lead Agency for the purposes of this project, AND IT IS FURTHER RESOLVED, that the Chairman of the Legislature be and is hereby authorized to sign any and all necessary documents, notices or papers as may be necessary to establish the County as lead agency in accordance with SEQRA. Agenda Item No. 38 – Authorize Agreement Real Property Tax Services (OCE Scanner/Printer) On motion of Mr. Williams. Seconded by Mr. Cornell. Real Property Director Bill Cinquanti said that this resolution provides for an oversized scanner/printer, which prints tax maps and other large documents. All members voting in favor; none opposed. Agenda Item No. 38 became: ON THE MOTION OF MR. WILLIAMS RESOLUTION NO. 360-10 Authorize Agreement Real Property Tax Services OCE Scanner/Printer WHEREAS, the OCE reader/printer located in Real Property Tax Services requires an annual maintenance agreement, AND WHEREAS, an agreement has been negotiated with OCE-USA, Inc. for the term of January 1, 2011 through December 31, 2011 at a cost of $2,454.36, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with OCE-USA, Inc. and pay out of account A13555.54050 Equipment Maintenance/Repair. Agenda Item No. 40 – Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on tax Rolls and Certain Real Property Tax Refunds On motion of Mr. Williams. Seconded by Ms. Price. Chairman Williams said that this is done every year and is a matter of course. All members voting in favor; none opposed. Agenda Item No. 40 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 361-10 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 ---PAGE BREAK--- 289 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, 2011. Agenda Item No. 41 – Amend 2011 Budget to Reflect State Administered Non-Property Tax Sales (Sales Tax) to reduce Real Property Tax Levy On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 41 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 362-10 Amend 2011 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 2011, Towns Amount Lapeer $168,124.19 ---PAGE BREAK--- 290 Solon 180,403.53 $348,527.72 WHEREAS, by Town of Cuyler resolution, $115,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Cuyler, AND WHEREAS, by Town of Harford resolution, $75,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Harford, AND WHEREAS, by Town of Taylor resolution, $65,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Taylor, AND WHEREAS, by Town of Truxton resolution, $100,000.00 of the Sales Tax Revenue has been authorized to be applied against the County Real Property Tax Levy in the Town of Truxton, AND WHEREAS, by Town of Virgil resolution, $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 2011 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 $778,527.72 and net amount to be raised by real property shall be $30,283,339.28. Agenda Item No. 42 – Levy County Tax – City of Cortland County On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 42 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 363-10 Levy County Tax-City of Cortland Real Property Tax Services RESOLVED, that this Legislature directs the sum of seven million five hundred nineteen thousand, one hundred twenty-five dollars and 80 cents ($7,519,125.80) to be levied in the City of Cortland, Cortland County, for County purposes for the fiscal year beginning January 1, 2011 and that the Chairman and the Clerk of this Legislature certify this resolution to the Common Council of said City, pursuant to the Charter of said City. Agenda Item No. 43 – Fix Date to Sign Warrant On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 43 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 364-10 Fix Date to Sign Warrant Real Property Tax Services RESOLVED, that the date for the annexing of the warrants to the rolls of the Towns for collection of taxes be and hereby is fixed as of January 1, 2011 and that said warrants so annexed be made returnable on or before the first day of June 2011, AND BE IT FURTHER ---PAGE BREAK--- 291 RESOLVED, that the Chairman and Clerk of the Cortland County Legislature are hereby authorized to sign said warrant on behalf of the County. Agenda Item No. 44 – Levy Town Special District Taxes On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 44 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 365-10 Levy Town Special District Taxes Real Property Tax Services RESOLVED, that there shall be and is hereby assessed and levied upon and collected from the real property liable therefore within the respective fire protection, fire and lighting districts in the towns as indicated below, as specified in their respective annual budgets for the year 2011: Town Fire Tax Light Tax Cincinnatus 95,833.00 11,695.00 Cortlandville 752,460.00 Cuyler 79,100.00 Freetown 32,309.00 Harford 76,538.00 Homer 82,500.00 Lapeer 53,370.00 Marathon 104,960.00 Preble 95,000.00 Scott 36,617.00 Solon 41,000.00 Taylor 35,435.00 Truxton 81,654.00 Virgil 218,800.00 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. Agenda Item No. 45 – Levy Town General and Highway Taxes On motion of Mr. Williams. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 45 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 366-10 Levy Town General and Highway Taxes Real Property Tax Services ---PAGE BREAK--- 292 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, 2011, 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 - $460,176 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 $ 83,916.00 Cortlandville 0.00 Cuyler 226,250.00 Freetown 161,072.00 Harford 168,305.00 Homer 214,475.00 Lapeer 209,080.00 Marathon 71,476.00 Preble 106,000.00 Scott 145,841.00 Solon 222,497.00 Taylor 129,000.00 Truxton 227,295.00 Virgil 337,537.00 Willet 130,500.00 ,AND BE IT FURTHER RESOLVED, that the amounts to be raised for the General Fund and Debt Service Fund purposes as specified in the several budgets presented to this Legislature and which are on file in the Office of Real Property Tax Services hereof, shall and hereby are assessed and levied upon and collected from all taxable property in the towns as enumerated below except as otherwise provided by law, namely, Town General Fund Cincinnatus $ Cortlandville townwide 1,031,482.00 Cuyler 155,351.00 Freetown 39,983.00 ---PAGE BREAK--- 293 Harford 70,591.00 Homer townwide 203,675.00 Lapeer 114,232.00 Marathon 159,965.00 Preble Scott 16,867.00 Solon 122,543.00 Taylor 109,000.00 Truxton 175,000.00 Virgil 149,639.00 Willet 46,705.00 , AND BE IT FURTHER RESOLVED, that such taxes and assessments when collected shall be paid to the Supervisors of the several towns in the amounts as shown by this resolution for distribution by them in the manner provided by law. Agenda Item No. 46 – Levy Water Charges – Town of Scott On motion of Mr. Williams. Seconded by Mr. Steger. All members voting in favor; none opposed. Agenda Item No. 46 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 367-10 Levy Water Charges – Town of Scott Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Scott, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Scott: 35.03-01-03.000 Parker, Chad $ 550.57 35.03-01-09.000 Pooler, Michael 427.19 35.03-01-10.000 Lake, Edward 496.10 35.03-01-13.000 VanLiew, Terry 537.30 35.03-01-24.000 Estep, Nancy 511.89 35.03-01-39.000 Carr, Connell 626.17 35.03-01-46.000 Sorell, Gabriel 663.09 Total $3,812.31 Submitted to Cortland County Real Property Tax Service on 11/30/10 by Cathy A. Barber, Scott Town Clerk. Agenda Item No. 47 – Levy Water Charges – Town of Cincinnatus ---PAGE BREAK--- 294 On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 47 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 368-10 Levy 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: 123.09-01-02.000 Brown, Donald A. 199.22 123.13-01-01.000 Brown, Gordon 115.62 123.00-03-13.000 Brown, Kenneth W. 199.22 123.13-01-41.000 Davis, Wendy 249.82 123.05-01-37.000 Dibble, James 362.24 123.00-03-06.200 DKT, LLC 15.16 123.13-01-36.000 Eaton, Charles 225.62 123.00-04-04.000 Eaton, Charles L. Jr. 15.16 123.13-01-32.000 Gallow, David 172.82 112.20-01-07.000 Gonzalez, Edward 155.22 112.20-01-10.000 Gonzalez, Edward 15.16 123.05-01-35.000 Herline, Donald H. 115.62 113.17-01-32.000 Huss, James 274.02 113.17-01-34.200 Huss, James 15.16 112.20-01-01.000 Kusher, Adam 115.62 112.20-01-02.000 Kuscher, Adam 15.16 122.00-03-04.000 Kwak, Bryan 167.98 122.00-03-25.000 Lieb, Joshua 295.50 123.13-01-34.000 Livermore, Melissa 282.82 123.05-01-73.000 Loomis, Floyd 15.16 123.05-01-53.000 McDonald, Kay Ann 155.22 123.05-01-65.000 McDonald, Keith 144.22 122.08-01-02.000 McNally Staley, Vicki 196.71 122.08-01-09.000 McGowan, James 243.88 123.13-01-09.000 Moss, Shawn 100.46 123.13-01-08.200 Moss, Shawn 112.56 123.05-01-10.000 Natoli Independent Retailers 322.42 122.12-01-08.000 Pothos, Emmanuel 15.16 123.13-01-33.000 Pothos, Emmanuel 295.50 122.00-03-22.000 Pothos, Irene 203.07 123.05-01-19.000 Pothos, Irene 115.62 123.05-01-36.000 Pothos, Irene 115.62 112.00-03-04.000 Renz, Douglas 296.02 123.13-01-25.000 Rice, Jay 234.42 ---PAGE BREAK--- 295 123.00-03-09.000 Rice, Judy B. 115.62 123.05-01-08.000 Rutan, Jessica 116.72 123.05-01-58.000 Scoville, Shawn 258.62 123.09-01-04.000 Shorter, Rose 667.50 113.17-02-02.000 Simmons, Carol 115.62 113.17-01-03.000 Smith, Ronald 488.74 122.08-01-02.000 Staley, Vicki 251.80 123.13-01-46.000 Stanley, Ronald 115.62 123.05-01-07.000 Supley, Richard 115.62 123.13-01-29.000 Wehner, Verda 172.82 123.05-01-45.000 Zeeuw, Keith 267.12 Total $8,062.27 Submitted to Cortland County Real Property Tax Services 11/19/10 by Dale Bates, Supervisor. Agenda Item No. 48 – Levy Water Charges – Town of Cortlandville On motion of Mr. Williams. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 48 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 369-10 Levy Water Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: 76.00-02-13.000 Ambrose, Joseph $44.35 76.15-01-15.000 Gorman, Heather 78.15 76.17-01-02.000 Best, Jessica Marie 96.84 76.19-01-22.000 Poppe, Christine 158.01 76.19-01-45.100 Perelka, Edward 77.95 85.11-01-04.100 Lader, Ronald 75.84 85.16-01-16.000 Earle, Shawn 21.12 85.16-01-30.000 McGrath, John 99.47 85.19-01-05.000 Naylor, Justin 170.73 85.19-01-29.000 Warren, Leonard 122.21 85.19-01-37.000 Randall, Julie 69.69 85.20-01-27.000 Morris, Judy 37.28 86.09-01-46.000 Allen, Paul 139.04 86.13-01-58.100 Herwood Properties 1,296.88 86.17-01-02.120 3901 West Road LLC 57.03 ---PAGE BREAK--- 296 95.07-01-07.000 DePerno, Daniel 78.15 95.07-01-10.000 Laman, Kenneth 372.83 95.07-01-12.000 Petrella, John 128.83 95.07-02-09.000 Jones, William 237.99 95.11-03-02.000 Strauf, Stephen 156.00 95.12-01-06.100 Cortland Co. SPCA 134.86 95.15-01-07.100 Howarth, Jeffrey 29.57 95.15-01-10.000 Venturini, Mario 29.57 95.15-03-04.000 VanDee, Robert 84.48 95.15-03.11.000 Edinger, John 113.78 95.15-03-21.000 Miller, Kevin 89.36 95.16-01-11.000 Woodward, Wayne 284.40 95.16-01-40.000 Corp, Rebecca 177.41 95.16-01-60.000 Ladd Trust, Leo 90.82 95.16-02-09.000 Burnham, Margaret 69.69 95.16-02-24.000 DeGrazia, David 158.11 95.16-02-47.200 Alliance Bank NA 151.68 95.20-02-02.000 Lowes Home Center 296.64 95.20-02-06.000-1 Cortlandville Crossing 917.40 96.06-01-30.000 Messinger, J Robert 63.36 96.06-02-05.000 Patrick, Richanna 91.59 96.06-02-14.000 Cook, Kimberly 198.53 96.06-02-20.000 Pratt, Marjorie 173.19 96.06-02-36.000 Welsh, David 78.14 96.06-02-54.000 Cutia, Fredric 38.02 96.09-01-09.000 Decker, Christian 97.15 96.09-01-26.000 Ruggiero, Gerry 21.12 96.09-01-27.000 Thillburg, Robert 677.95 96.09-02-08.000 Keane, Thomas Jr 90.60 96.09-02-10.000 Premo, Phillip 38.02 96.09-02-13.000 Kearney, David 69.70 96.09-02-21.000 Sisson, Wayne 75.84 96.09-02-29.000 Vandeuson, James 126.72 96.09-02-30.000 O’Dell, Richard 75.84 96.09-02-34.000 Towers, Jack 107.72 96.09-02-38.100 Whitcor Funding LLC 75.84 96.09-03-08.000 Mitchell, Samuel 255.27 96.09-04-06.000 Sartwell, Richard 107.50 96.09-04-09.000 Bean, Robert 703.72 96.09-04-14.000 Banks, Steven 1,281.98 96.10-01-25.000 Pristash, Kevin 191.68 96.10-02-37.100 Wyatt, Angelina 145.73 96.36-01-07.000 Eaton, Dorene 82.15 105.08-02-44.000 Champion, Michael 94.57 105.11-01-03.000 Yereshkin, Yevgeniy 166.65 106.05-01-06.000 Bogam, Babla 29.57 TOTAL $11,304.31 Submitted to Cortland County RPTS 12/03/10 by Karen Q. Snyder, Cortlandville Town Clerk. ---PAGE BREAK--- 297 Agenda Item No. 49 – Levy Water Charges – Town of Harford On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 49 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 370-10 Levy 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 $ 521.25 172.06-01-09.000 McCutcheon, Ruby 215.25 172.06-01-01.000 Monroe, Edward 500.20 172.05-01-32.000 Murray, Rachel 459.40 172.05-01-17.112 Poole, Thomas 504.71 Total $2,200.81 Submitted to Cortland County Real Property Tax Services on 11/29/10 by Diane Michaud, Harford Town Clerk. Agenda Item No. 50 – Levy Water Charges – Town of Virgil On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 50 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 371-10 Levy Water Charges - Town of Virgil Real Property Tax Services WHEREAS, a statement showing the unpaid water charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-3(d) of the Town Law of the State of New York, which statement includes unpaid water charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of water charges due said Town of Virgil: 127.15-01-31.000-20 Johnson, Christopher $ 82.39 127.15-01-31.000-24 Sorbella, James & Nancy 72.55 127.15-01-31.000-25 Sorbella, James & Nancy 45.99 ---PAGE BREAK--- 298 127.15-01-31.000-32 Bostick, Michele Wernle 72.55 Total $ 273.48 Submitted to Cortland County Real Property Tax Services on 10/28/10 by Bonnie Hand, Virgil Town Clerk. Agenda Item No. 51 – Levy Sewer Charges – Town of Cortlandville On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 51 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 372-10 Levy Sewer Charges - Town of Cortlandville Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cortlandville, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cortlandville: 76.00-02-13.000 Ambrose, Joseph $ 69.30 76.19-01-22.000 Poppe, Christine 246.31 76.19-01-45.100 Perelka, Edward 114.97 85.11-01-04.100 Lader, Ronald 108.31 85.16-01-16.000 Earle, Shawn C. 33.00 85.16-01-30.000 McGrath, John F. 80.00 85.20-01-27.000 Morris, Judy G. 27.00 85.20-01-33.000 Cummins, Christopher 131.34 86.13-01-58.100 Herwood Properties 1,708.43 86.17-01-02.120 3901 West Road LLC 59.40 87.04-01-09.000 Caughey, Daniel J. 237.60 87.04-01-12.000 Pothos, Vasilios 112.20 95.11-03-02.000 Strauf, Stephen 243.34 95.12-01-06.100 Cortland Co. SPCA 210.28 95.15-01-07.100 Howarth, Jeffery 46.20 95.15-01-10.000 Venturini, Mario 46.20 95.15-03-04.000 VanDee, Robert 132.00 95.15-03-11.000 Edinger, John 177.41 95.16-01-40.000 Corp, Rebecca 277.20 95.16-01-60.000 Ladd Trust, Leo 145.22 95.16-02-09.000 Burnham, Margaret 115.30 95.16-02-24.000 DeGrazia, David 246.64 95.16-02-47.200 Alliance Bank NA 78.80 95.20-02-02.000 Lowes Home Center 276.00 ---PAGE BREAK--- 299 95.20-02-06.000-1 Cortlandville Crossing 1,072.50 96.06-01-30.000 Messinger, J Robert 99.00 96.06-02-05.000 Patrick, Richanna 147.00 96.06-02-14.000 Cook, Kimberly A. 350.25 96.06-02-20.000 Pratt, Marjorie 288.02 96.06-02-36.000 Welsh, David 122.10 96.06-02-54.000 Cutia, Frederic 59.40 96.09-01-09.000 Decker, Christian 151.80 96.09-01-26.000 Ruggiero, Gerry 33.00 96.09-01-27.000 Thillburg, Robert 1,062.83 96.09-02-08.000 Keane, Thomas Jr 121.44 96.09-02-10.000 Premo, Phillip S. 59.40 96.09-02-13.000 Kearney, David 108.90 96.09-02-21.000 Sisson, Wayne 82.04 96.09-02-29.000 VanDeuson, James 198.00 96.09-02-30.000 O”Dell, Richard 98.47 96.09-02-34.000 Towers, Jack 161.70 96.09-02-38.100 Whitcor Funding LLC 78.80 96.09-03-08.000 Mitchell, Samuel J. 398.44 96.09-04-06.000 Sartwell, Richard 157.74 96.09-04-09.000 Bean, Robert 1,097.12 96.09-04-14.000 Banks, Steven 2,003.10 96.10-01-25.000 Pristash, Kevin 298.78 97.02-01-04.000 Vasanti Corporation 99.90 105.08-02-44.000 Champion, Michael L 137.61 106.05-01-06.000 Bogam, Babla S. 46.20 TOTAL $13,455.99 Submitted to Cortland County RPTS 12/03/10 by Karen Q. Snyder, Cortlandville Town Clerk. Agenda Item No. 52 – Levy Sewer Charges – Town of Cuyler On motion of Mr. Williams. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 52 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 373-10 Levy Sewer Charges- Town of Cuyler Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Cuyler, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Cuyler: 31.02-02-14.000 Aldrich, Christopher 179.20 ---PAGE BREAK--- 300 31.02-02-20.000 Driscoll, Christopher 179.20 31.02-02-24.200 Aldrich, Arthur 179.20 31.02-02-32.000 Fox, Brian(Casler, Harold) 179.20 31.02-02-45.000 Aldrich, Chad 179.20 31.02-02-48.000 Randall, Robert 515.20 Total $1,411.20 Submitted to Cortland County Real Property Tax Services on 11/15/10 by Wendy Custer, Cuyler Town Clerk. Agenda Item No. 53 – Levy Sewer Charges – Town of Virgil On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 53 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 374-10 Levy Sewer Charges - Town of Virgil Real Property Tax Services WHEREAS, a statement showing the unpaid sewer charges in the Town of Virgil, Cortland County, has been filed as outlined in Section 198-1(k) of the Town Law of the State of New York, which statement includes unpaid sewer charges which have not appeared on any statement previously filed and the supervisor of said town transmitted said statement to this Legislature, NOW THEREFORE BE IT RESOLVED, that there shall be and is hereby assessed and levied and collected from the real property liable therefore as indicated below, the following amounts of sewer charges due said Town of Virgil: 127.15-01-31.000-20 Johnson, Christopher R. $ 245.49 127.15-01-31.000-24 Sorbella, James & Nancy 109.12 127.15-01-31.000-25 Sorbella, James & Nancy 109.12 127.15-01-31.000-32 Bostick, Michele Wernle 109.12 Total $ 572.85 Submitted to Cortland County Real Property Tax Services on 10/28/10 by Bonnie Hand, Virgil Town Clerk. Agenda Item No. 1 – Resolution Urging the NYS Public Service Commission to Reject the Proposal from National Grid to Increase Residential Natural Gas and Electric Rates On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 1 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 375-10 Resolution Urging The NYS Public Service Commission to Reject the Proposal from National Grid to Increase Residential Natural Gas and Electric Rates ---PAGE BREAK--- 301 WHEREAS, National Grid has sought to impose a 20 percent increase (approximately $396 million) in gas and electric delivery charges to its customers; AND WHEREAS, the proposed increase comes in the midst of an ongoing economic downturn and time of high unemployment throughout Upstate New York; AND WHEREAS, the NYS Public Service Commission will be considering this rate increase in the very near future; NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby urges the NYS Public Service Commission to reject the National Grid proposal to increase residential natural gas and electric rates; AND BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to forward copies of this resolution to the NYS Public Service Commission, the NYS Association of Counties, and the Legislative Clerks of all counties in New York State. Agenda Item No. 2 – Authorize Confidentiality Agreement – Smart Watt Energy Inc. On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 2 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 376-10 Authorize Confidentiality Agreement SmartWatt Energy Inc. Buildings & Grounds Department WHEREAS, Cortland County is desirous of participating in the SmartWatt Energy Inc. rebate program for a lighting retrofit in the Cortland County Office Building, AND, WHEREAS, SmartWatt Energy Inc. wants to conduct a detailed energy analysis survey to include a design for the retrofit of the lighting system with, no charge for work or services provided, in the Cortland County Office Building, AND, WHEREAS, SmartWatt Energy Inc. requires a confidential relationship agreement to be signed by Cortland County and SmartWatt Energy Inc. to proceed with the lighting retrofit, NOW THEREFORE BE IT, RESOLVED, that upon approval of the County Attorney this Legislature authorizes the Chairman of the Cortland County Legislature to sign an agreement between SmartWatt Energy Inc. and Cortland County to precede with the lighting retrofit project, with no charge for work or services provided, for the Cortland County Office Building. Agenda Item No. 3 – Re-Appoint Soil & Water Conservation District Board On motion of Mr. Williams. Seconded by Mr. Parker. Ms. Briggs asked for a legal opinion on this and the next agenda item, as the two appointees live outside of Cortland County. Mr. Purser said he does not have an objection to them. All members voting in favor; none opposed. Agenda Item No. 3 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 377-10 ---PAGE BREAK--- 302 Re-Appoint Member Soil and Water Conservation District Board WHEREAS, the term of Patrick Snyder on the Soil and Water Conservation Board of Directors will expire December 31, 2010, AND WHEREAS, Mr. Snyder has served on said board since July of 1991 and currently serves as Vice-Chair, NOW THEREFORE BE IT, RESOLVED, that Patrick Snyder be reappointed to the Soil and Water Conservation District Board of Directors (At Large Member) for a three year term to expire on December 31, 2013. Agenda Item No. 4 – Appoint Member – Criminal Justice Advisory Board On motion of Mr. Williams. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 4 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 378-10 Appoint Member Criminal Justice Advisory Board WHEREAS, there is a vacancy on the Criminal Justice Advisory Board due to the resignation of Patricia Melburg, NOW THEREFORE BE IT RESOLVED, that Susan Neufang, 2420 State Route 91, Fabius, NY 13063, is hereby named to the Cortland County Criminal Justice Advisory Board to fill the vacant position, for a term to expire upon her term as a public officer which dictates their membership expires. Agenda Item No. 5 – Confirming Appointment by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation On motion of Mr. Williams. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 5 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 379-10 Confirming Appointment by the Chair of the Cortland County Legislature to the Board of Directors of the Cortland County Development Corporation WHEREAS, the Chair of the Cortland County Legislature has duly appointed and designated, subject to confirmation by the Cortland County Legislature, the following individual to serve as the Board of Directors of the Cortland County Development Corporation: Johanna Ames 972 Beechwood Lane Cortland, New York 13045 , AND ---PAGE BREAK--- 303 WHEREAS, it is the desire of the Cortland County Legislature to confirm said appointments, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby confirm the above appointments, effective immediately, for a two year term or until such time that the Cortland County Legislature make new appointments by Resolution at the end of the two years. Agenda Item No. 6 – Authorizing Accounts Payable Year End Adjustments to 2010 Budget On motion of Mr. Williams. Seconded by Mr. Cornell. Chairman Williams explained that this and the next resolution are simple book-keeping resolutions that are done every year to allow the treasurer to make necessary adjustments and pay bills. All members voting in favor; none opposed. Agenda Item No. 6 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 380-10 Authorizing Accounts Payable Year End Adjustments to 2010 Budget WHEREAS, provisions of the Federal Single Audit Act and regulations of the State Comptroller require Cortland County to utilize modified accrual as the basis for governmental fund accounting, AND WHEREAS, modified accrual accounting principles require that the County accrue accounts payable so that expenditures are generally reflected in the period for which the goods or services are received, AND WHEREAS, application of this principle may result in the over expenditure of certain individual line item applications, particularly in areas where spending is mandated by State or Federal requirements, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature authorizes the County Administrator and the County Treasurer to make adjusting entries to provide sufficient appropriations to avoid individual line item deficits upon the accrual of year end accounts payable, provided that such entries do not result in an increase in total appropriations approved by the Cortland County Legislators for 2010, AND BE IT FURTHER RESOLVED, that said adjusting entries shall be subject to approval by the County Administrator, who shall, upon completion of the year-end closing, report same to the Budget and Finance Committee and the Cortland County Legislature by the February 2011 session. Agenda Item No. 7 – Transfer Funds – Treasurer’s Office On motion of Mr. Williams. Seconded by Ms. Cobb. All members voting in favor; none opposed Agenda Item No. 7 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 381-10 Transfer Funds Treasurer’s Office ---PAGE BREAK--- 304 WHEREAS, there is often a need at year-end and at the beginning of new fiscal years to cover temporary cash shortages in some funds until the property taxes are received, NOW THEREFORE BE IT RESOLVED, that the Treasurer’s Office is authorized to do Inter-Fund transfers as necessary when this occurs. Agenda Item No. 8 – Appoint/Re-appoint Members – Fire Advisory Board On motion of Mr. Williams. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 8 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 382-10 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, 2011, 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 John Pitman Marathon PO Box 403, 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 Jennifer Gofkowski Homer Legislator ---PAGE BREAK--- 305 Agenda Item No. 9 – Authorize Agreement – MUNIS – Information Technology On motion of Mr. Willcox. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 9 became: ON MOTION OF MR. WILLCOX RESOLUTION NO. 383-10 Authorize Agreement Information Technology (Munis) WHEREAS, the Contractual Agreement with MUNIS software used in various County Departments will expire on December 31st, 2010, AND WHEREAS, a new Contractual Agreement with MUNIS has been received for the period 1/1/2011 thru 12/31/2011 for $31,473.75 to be paid from account A1680-1680-5-4004-00, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized to sign an agreement on behalf of the Cortland County Information Technology Department, upon the approval of the County Attorney. Agenda Item No. 10 – Authorize Agreement – Time Warner Cable Business Class On motion of Mr. Willcox. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 10 became: ON MOTION OF MR WILLCOX RESOLUTION NO. 384-10 Authorize Agreement Information Technology (Time Warner Cable Business Class) WHEREAS, the County’s contract with our current phone service supplier expired in December of 2008, AND WHEREAS, more applications are moving to the Internet and the County is in need of more Internet Bandwidth, AND WHEREAS, the County has received proposals from 3 phone service suppliers for PRI service, Local and Long Distance calls and 10 Mb of Internet bandwidth, the lowest being from Time Warner Cable Business Class, AND WHEREAS, this new agreement will eliminate the Local Call charge and provide a savings of approximately $1,500 per month while providing faster Internet speed at a cost of $2,138.00 per month plus long distance calls at the rate of $.04/minute, AND WHEREAS, a new 36 month contractual Agreement has been negotiated with Time Warner Cable Business Class commencing 1/1/2011 for Cortland County Local and Long Distance phone service and Internet Bandwidth, NOW THEREFORE BE IT, ---PAGE BREAK--- 306 RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement on behalf of the Cortland County Information Technology Department with payments to be made from Account A16105-54000 – Telephone Shared Service. Agenda Item No. 11 – Authorize Agreement – New World Systems Corp. On motion of Mr. Park. Seconded by Mr. Cornell. Mr. Park said that this contract is for maintenance over the next three years. Ms. Briggs asked how this could impact the interoperable communications project. Sheriff Price said this resolution would not affect the interoperable proposal. This is the software system that manages the mobile data computers and records keeping for city police and the county, as well as the computers for dispatching vehicles. He said it started at over $100,000 and he thanked Ms. Gofkowski who worked to negotiate a lower rate with the company. All members voting in favor; none opposed. Agenda Item No. 11 became: ON MOTION OF MR. PARK RESOLUTION NO. 385-10 Authorize Agreement Sheriff's Department/911 Center New World Systems Corporation WHEREAS, the maintenance agreement on the New World Systems Software will expire December 31st 2010, and WHEREAS, the cost of such maintenance agreement is $81,584.00 annually, for three years, for the period of January 1, 2011 through December 31, 2013, NOW THEREFORE BE IT WHEREAS, the Sheriff is authorized to pay this annual bill in January 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 New World Systems corporation at a cost per year not to exceed $81,584.00 per year to be paid from Account A30255-54004 Computer Software. Agenda Item No. 12 – Authorize Agreement – Swanson Services Corp. On motion of Mr. Park. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 12 became: ON MOTION OF MR. PARK RESOLUTION NO. 386-10 Authorize Agreement Sheriff's Department/Jail division Swanson Services Corporation WHEREAS, The Cortland County Sheriff requests to enter into a contract with Swanson Services for Commissary Services for the inmate population in the Cortland County Jail, AND WHEREAS, There is no cost to the County to have this contract with Swanson Services Corporation and it will save personnel hours, AND ---PAGE BREAK--- 307 WHEREAS, The Sheriff requests to have the contract start January 1, 2011 with an extension clause to extend the contract at the end of 2011, upon a review by the Correction Division that the Service meets the needs of the inmates and the County, NOW THEREFORE BE IT RESOLVED, that the Sheriff of Cortland County, upon review and approval by the County Attorney, be and hereby is authorized to sign an agreement with SWANSON SERVICES CORPORATION for Commissary Services at no cost to the County of Cortland. Agenda Item No. 13 – Create/Appoint Airport Advisory Board On motion of Mr. Fuller. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 13 became: ON MOTION OF MR. FULLER RESOLUTION NO. 387-10 Create/Appoint Airport Advisory Board WHEREAS, there is a need to create 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, NOW THEREFORE BE IT RESOLVED, that effective immediately following the adoption of this resolution an Airport Advisory Board is created with a total membership of seven consisting of three legislators, three members who actively use the airport, and one “at-large” member, for terms to run concurrently with the terms of the Cortland County Legislature AND BE IT FURTHER RESOLVED, that said Board will report to the Highway Committee of the Cortland County Legislature; AND BE IT FURTHER RESOLVED, that said Board shall elect its own officers, establish bylaws, and meet with the airport manager to establish goals and implementation measures to ensure the financial security and general use of the Cortland County Airport, AND BE IT FURTHER RESOLVED that the following be appointed to the Airport Advisory Board for a term set to expire December 31, 2011: Mike Park (legislator) John Crannage 5164 McDonald Road 750 Bowling Green Road Homer, NY 13077 Cortland, NY 13045 Susan Briggs (legislator) Daniel McNeil 4032 Kinney Gulf Rd. 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. ---PAGE BREAK--- 308 Agenda Item No. 14 – Transfer Funds/Establish Project – Highway Department On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 14 became: ON MOTION OF MR. FULLER RESOLUTION NO. 388-10 Transfer Funds/Establish Projects Highway Department WHEREAS, the actual project costs have vary from the amounts estimated in the County Highway Budget, AND WHEREAS, County Highway Department maintenance and projects have been modified to address the necessary 2010 flood repairs, 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 2010 County Budget be amended as follows: Decrease Expense: D51125.54065.7282 $16,700.00 Lower Cincy-Willet Bridge-Equip D51125.54065.7289 $ 9,300.00 Taylor Valley Rd. Bridge-Equip D51125.54065.7290 $14,000.00 Telephone Rd. Ext. Bridge-Equip D51105.54065 $30,000.00 Maintenance-Equip D51105.54065.01 $ 8,000.00 Bridge Maintenance-Equip D51105.54065.06 $15,000.00 Ditching-Equip D51105.54065.07 $10,000.00 Hot Patching-Equip D51105.54065.08 $ 4,700.00 Mowing-Equip D51105.54065.13 $10,300.00 Tree Removal-Equip D51105.54065.7300 $20,000.00 County Snow-Equip D51105.54065.7306 $ 5,000.00 Maintenance Facility-Equip D51125.54077.7280 $10,000.00 Merrill Creek Rd. Culvert-Mat D51125.54077.7282 $15,000.00 Lower Cincy-Willet Bridge-Mat Increase Expense: D51105.54065.12 $ 18,000.00 Surface Treatment-Equip D51125.54065.7272 $18,000.00 Landers Corners Rd. Bridge-Equip D51125.54065.7280 $ 2,000.00 Merrill Creek Rd. Culvert-Equip D51125.54065.7283 $ 8,000.00 Taylor Valley Rd. Culvert-Equip D51125.54065.7291 $22,000.00 Hilsinger Rd Bridge-Equip D51125.54065.8763 $75,000.00 2010 Flood-Equip D51125.54077.7256 $25,000.00 E. Homer-Balt. Rd.-Mat Agenda Item No. 15 – Amend 2011 Budget – Flood Related Highway Repairs ---PAGE BREAK--- 309 On motion of Mr. Fuller. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 15 became: ON MOTION OF MR. FULLER RESOLUTION NO. 389-10 Amend 2011 Budget Highway Department Flood Related Highway Repairs WHEREAS, the Cortland County Legislature has appropriated funds for the 2009 Flood Repairs, AND WHEREAS, the County of Cortland was subjected to a flood on September 30, 2010, which caused significant damage to the County Road system, AND WHEREAS, the total amount of funds appropriated for the 2009 flood will not be expended for the 2009 flood, AND WHEREAS, the County Highway Superintendent has requested the County Legislature to re- appropriate the unspent portion of appropriated funds for the 2009 Flood Repairs for the fiscal year 2010 to the 2010 Flood Repairs for the 2011 fiscal year, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expenses: D51105.54065.8763 Flood Repairs Equipment $21,000.00 D51105.54077.8763 Flood Repairs Materials $21,000.00 A359900 Appropriate Fund Balance $42,000.00 Agenda Item No. 16 – Household Hazardous Waste Application – Highway/Landfill On motion of Mr. Fuller. Seconded by Ms. Price. All members voting in favor; none opposed. Agenda Item No. 16 became: ON MOTION OF MR. FULLER RESOLUTION NO. 390-10 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 ---PAGE BREAK--- 310 WHEREAS, the County of Cortland herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, AND WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid, NOW THEREFORE BE IT RESOLVED BY the Cortland County Legislature: 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That the Chairman of the Legislature or his/her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the STATE for the State share of such costs. 4. That five Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application 5. That this resolution shall take effect immediately. Agenda Item No. 17 – Amend 2011 Budget – Dwyer Park/Property Repairs On motion of Mr. Fuller. Seconded by Ms. Briggs. All members voting in favor; none opposed. Agenda Item No. 17 became: ON MOTION OF MR. FULLER RESOLUTION NO. 391-10 Amend 2011 Budget Highway Department Dwyer Park/Property Repairs WHEREAS, the Cortland County Legislature has approved a project for the conversion of the Dwyer Park Fire Extinguishing System from a wet system to a dry system by Resolution # 312-10, AND WHEREAS, the term for the said project agreement begins on November 1, 2010 and ends on May 9, 2011, it is necessary to re-appropriate the unspent portion of appropriated funds for the Dwyer Park Property Repairs for the fiscal year 2010 to the 2011 fiscal year, NOW THEREFORE BE IT RESOLVED, that the 2011 County Budget be and hereby is amended as follows: Increase: Expenses: A71105.54076 Dwyer Park Property Repairs $29,500.00 ---PAGE BREAK--- 311 A359900 Appropriate Fund Balance $29,500.00 Agenda Item No. 18 – Authorize Agreements/Accept Funds – Breast & Cervical Cancer Early Detection Program On motion of Mr. Pace. Seconded by Ms. Cobb. All members voting in favor; none opposed. Agenda Item No. 18 became: ON MOTION OF MR. PACE RESOLUTION NO. 392-10 Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program WHEREAS, Resolution #291-10 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 06/30/10 – 06/29/11 which pays for screening and diagnostic services for uninsured and underinsured women in the amount of $29,851, AND WHEREAS, the Cortland County Health Dept. has been awarded an additional $11,311, AND WHEREAS, these funds are in the 2010 Budget in Account A40105.54500.4007, 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 Health Research, Inc. Agenda Item No. 19 – Extend Appointment of Part-Time Director of Community Mental Health Services On motion of Mr. Pace. Seconded by Ms. Gofkowski. Mr. Pace said this extends a contract with Mr. Paul LeBlanc, or until a newly appointed Director of Community Services is filled. All members voting in favor; none opposed. Agenda Item No. 19 became: ON MOTION OF MR. PACE RESOLUTION NO. 393-10 Extend Appointment of Part-Time Director of Community Mental Health Services Cortland County Mental Health Department WHEREAS, the Cortland County Legislature concurred with the Community Services Board and appointed Paul LeBlanc as the part-time Director of Community Mental Health Services per resolution 159-10 for up to six months or until a permanent Director of Community Mental Services was appointed, AND WHEREAS, the part-time appointment needs to continue until a permanent full-time Director of Community Mental Health Services is appointed, AND ---PAGE BREAK--- 312 WHEREAS, pursuant to the Memorandum of Understanding, the Community Services Board requests the County Legislature concurrence of Mr. LeBlanc’s continued appointment as the part-time position of Director of Community Mental Health Services, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature does hereby concur with the continued appointment of Mr. LeBlanc, 221 Parkview Drive, Harpursville, NY at Grade 1, Step 6 (Management Compensation Plan, non-competitive class) up to 15 hours per week for up to two months, or until a permanent full-time Director of Community Mental Health Services is appointed, whichever is sooner. Agenda Item No. 20 – Supporting Regional Transportation Study – Planning Department On motion of Mr. Ross. Seconded by Ms. Price. Mr. Ross said this is paid for through a large grant, which has a very small local share, due to other grants which are applicable for the local share and from proceeds from the auction of older busses. Ultimately this should help streamline the public transportation system, particularly between adjacent counties. All members voting in favor; none opposed. Agenda Item No. 20 became: ON MOTION OF MR. ROSS RESOLUTION NO. 394-10 Supporting Regional Transportation Study Planning Department WHEREAS, there is significant inter-county commuting concerns in the multi-county area surrounding Cortland County, AND WHEREAS, the public transportation system in Cortland County provides limited inter-county commuting to TC3 and Cornell, but not to other counties, AND WHEREAS, the Regional Transportation Study with Ithaca-Tompkins County Transportation Council as the local project sponsor has requested Cortland County support a Regional Transportation Study, AND WHEREAS, the Regional Transportation Study will provide transportation options in advance of potential future price increases in fuel, provide transportation options for human services and other non- commuting trips, and provide transportation options to facilitate movement of people in the multicounty area including Cortland, Tompkins, Tioga, Schuyler, Seneca, Cayuga, Broome and Chemung Counties, for all trip purposes, AND WHEREAS, the Regional Transportation Study has a Regional Transportation Coalition, which is represented by county governments, higher education, transit, human services and planning interests from the study have been meeting periodically, hosted by TC3, to discuss the need for better coordinated transportation in the area and has determined that a feasibility study is needed as an initial step in the process and the proposed study is envisioned as a regional mobility study with the purpose to increase and better manage mobility alternatives for inter-county travel for all trip purposes, increase the efficiency and effectiveness of existing mobility services, develop market real mobility choices to the public and enable coordination among counties to reduce cost of public transportation programs and reduce the volume, or at least reduce growth rate, of commuter traffic on the highway network, AND WHEREAS, the end product results in a comprehensive plan including all alternatives to reduce drive alone automobile trips, provide realistic options to persons who are unable to or choose not to drive, ---PAGE BREAK--- 313 develop a regional mobility management plan to cost-effectively increase inter-county mobility services, strategies to shift drive alone trips to different shared trip options that will reduce pressure on the highway system, analysis and recommendations for regional bus transportation, including commuter bus and intercity bus services, evaluate other mobility management strategies, such as van pools, guaranteed ride home, ridesharing, centralized transportation information for coordinated implementation region-wide and consider inter-county travel needs of human service agencies and a regional approach to coordinated public transportation, AND WHEREAS, the project is funded by federal surface transportation program flexible funds and is included in the Ithaca-Tompkins County Transportation Council’s 5 year 2011-2015 Transportation Improvement Program, the total cost of the project is $250,000. with 80% federal share and 20% local share being supported by county governments, higher education, transit, and human services. The local share breakdown is expected to be $25,000 from State transit funds, $10,000 from a Regional Transportation Coalition member, thus an outstanding balance of $15,000 still needed from other sources. Cortland County’s share would be paid with funding from the Motor Vehicle Equipment fund A56305- 52030 with funds from the sale/auction of buses. These funds can be used for transportation projects, with Cortland County’s share would not exceed $1,000.00, NOW THEREFORE BE IT, RESOLVED, that the Cortland County Legislature supports the Regional Transportation Study to provide a regional mobility management plan to cost-effectively increase inter-county mobility services and commits funding not to exceed $1,000 as a participating Regional Transportation Coalition member. Agenda Item No. 21 – Authorize Agreement – Administrative Entity for NYS Animal Population On motion of Mr. Pace. Seconded by Ms. Briggs. Mr. Briggs thanked County Clerk Elizabeth Larkin for taking this service over from the state, which will keep some funds in the county, which will go to local spay/neuter programs through the SPCA and CNY Snap agencies. All members voting in favor; none opposed. Agenda Item No. 21 became: ON MOTION OF MR. PACE RESOLUTION NO. 395-10 Authorize Agreement Cortland County Administrative Entity for NYS Animal Population Control WHEREAS, NYS has disbanded the state controlled Animal Control Spay/Neuter Program and will accept RFPs from agencies to be the Administer Entity of the program, AND WHEREAS, Counties may submit a plan to this Administrative Entity to allow disbursements of money collected by each Municipal Clerk in Cortland County to various spay/neuter clinics within Cortland County, NOW THEREFORE, BE IT RESOLVED, that the County Administrator prepare and draft a plan to submit to the State Administrative Entity, to implement an Animal Control Program within its jurisdiction. Agenda Item No. 22 – Submission of Grant – County Disaster Recovery Plan for Records On motion of Mr. Pace. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 22 became: ON MOTION OF MR. PACE RESOLUTION NO. 396-10 ---PAGE BREAK--- 314 Submission of Grant County Disaster Recovery Plan for Records County Clerk WHEREAS, the Cortland County Disaster Recovery Plan for Records was prepared in 1998, AND WHEREAS, the format, the location and the recovery procedures for these records have changed since 1998, NOW THEREFORE BE IT RESOLVED that the County Clerk as Cortland County Records Management Officer, prepare a cooperative Disaster Recovery Plan for Cortland County and all municipalities within the County, AND BE IT FURTHER RESOLVED that upon the reception of monies for the grant that the Cortland county Treasurer be authorized to establish an account to disburse the monies received. Chairman Williams asked that Agenda Items No. 23 and 24 be moved to the end of the meeting to be voted on following an Executive Session to discuss the terms of the contracts. Agenda Item No. 25 – Authorize Agreements – Personnel/Civil Services On motion of Mr. Pace. Seconded by Mr. Troy. Mr. Pace said these agreements provide for drug training for County employees, among other things. All members voting in favor; none opposed. Agenda Item No. 25 became: ON MOTION OF MR. PACE RESOLUTION NO. 397-10 Authorize Agreements Personnel/Civil Service WHEREAS, the Personnel Department contracts for various professional services to assist in the provision of services, AND WHEREAS, funds have been allocated in the 2011 budget in account number A14305.54500, and A14305.54005, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Cortland County Legislature, upon review and approval by the County Attorney or designee and subject to appropriation of funding by the Legislature, be and hereby is authorized to execute an agreement in 2011 for or with the following to be paid from the account listed: Hogan Drug and Alcohol Testing, LLP PSTEK Agenda Item No 26 – Award Proposal/Authorize Agreement – Third Party Administrator/Cortland County Health Insurance On motion of Mr. Pace. Seconded by Mr. Cornell. Mr. Pace said our consultant did review four proposals for administering this program and recommended RMSCO. All members voting in favor; none opposed. Agenda Item No. 26 became: ---PAGE BREAK--- 315 ON MOTION OF MR. PACE RESOLUTION NO. 398-10 Award Proposal/ Authorize Agreement Third Party Administration/ Cortland County Health Insurance WHEREAS, Cortland County has solicited Requests for Proposal for Third Party Administration of the County’s Health Benefits Program, as prepared by the consulting firm of Benefits Consulting Group, AND WHEREAS, four proposals were received and analyzed, AND WHEREAS, upon this analysis, it has been determined that EBS-RMSCO Inc., will provide the highest level of Administration and Case Management of the County’s plan, will provide the same local network of participating providers, and does so at the lowest administrative cost per participant for each of the next three years, NOW THEREFORE BE IT RESOLVED, that the County Legislature hereby accepts and awards the Third Party Administration of the County’s Health Benefits Plan to EBS-RMSCO Inc., and hereby authorizes and directs the Chairman of the Legislature, upon review and approval by the County Attorney, to execute a contract for Third Party Administration from January 1, 2011 through December 31, 2013. Specific stop loss insurance to cover the County’s Health Benefits Plan is renewed annually. Agenda Item No. 27 – Amend Management/Management Confidential Comp. Policy Grade and Step Schedule for 2011 On motion of Mr. Pace. Seconded by Ms. Arnold. Mr. Parker said he will be abstaining from this vote, as his wife is part of this plan. Chairman Williams said he accepted the abstention, but added that it was not necessary. Mr. Cornell said he spoke with his respective town boards, who were against this resolution. Ms. Briggs said her constituents were against this resolution, and private sector pay increases are performance based and she was disappointed with the budgets that department heads brought forth to the legislature this year. Ms. Cobb said she was not aware that these employees did not receive a pay increase in 2004 and 2010, while Union employees have received an increase every year. Mr. Pace said that many other counties are paying their department heads more for the same job, even in smaller counties, and that Cortland County needs to stay competitive to retain quality employees. The resolution was approved with a weighted vote 26,414 (see attached) Agenda Item No. 27 became: ON MOTION OF MR. PACE RESOLUTION NO. 399-10 Amend Management /Management Confidential Comp Policy Grade and Step Schedule for 2011 WHEREAS, the Cortland County Legislature through Resolution 424-05, adopted a Management/Management Confidential Compensation Employment Policy establishing a Grade and Step plan for employees falling under the plan, AND, WHEREAS, a 1.5% cost of living adjustment was approved by the County Legislature December 2, 2010 as part of the Management /Management Confidential Comp Policy Grade and Step Schedule for 2011, AND ---PAGE BREAK--- 316 WHEREAS, the County Administrator and Personnel Committee is recommending that the 2011 Grade and Step Plan be adjusted and established to incorporate a 1.5% cost of living adjustment, effective January 1, 2011 in accordance with the attached schedule, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes and directs a 3% cost of living adjustment be incorporated into the Management/Management Confidential Compensation Employment Policy 2011 Grade and Step plan for employees falling under the plan effective January 1, 2011 in accordance with the following schedule: 2011 INCREMENTS 1 2 3 4 5 6 Grade hire rate 2 year 4 year 6 year 8 year 10 year 1 $73,702 $76,651 $79,716 $82,905 $86,221 $89,670 2 $68,560 $71,303 $74,155 $77,120 $80,205 $83,414 3 $63,777 $66,328 $68,981 $71,741 $74,610 $77,594 4 $59,327 $61,700 $64,168 $66,735 $69,404 $72,180 5 $55,188 $57,396 $59,692 $62,079 $64,562 $67,145 6 $51,338 $53,391 $55,527 $57,748 $60,058 $62,460 7 $47,756 $49,667 $51,653 $53,719 $55,868 $58,102 8 $44,424 $46,202 $48,050 $49,971 $51,970 $54,049 9 $41,325 $42,978 $44,697 $46,485 $48,344 $50,278 10 $38,442 $39,979 $41,579 $43,241 $44,972 $46,770 11 $32,617 $33,922 $35,279 $36,690 $38,157 $39,684 Management Confidential 5 $18.8362 $19.5897 $20.3733 $21.1882 $22.0357 $22.9172 4 $17.4116 $18.1081 $18.8324 $19.5857 $20.3691 $21.1839 3 $16.7419 $17.4116 $18.1081 $18.8324 $19.5857 $20.3691 2 $16.0980 $16.7419 $17.4116 $18.1081 $18.8324 $19.5857 1 $15.4788 $16.0980 $16.7419 $17.4116 $18.1081 $18.8324 LONGEVITY 15 year 20 year 25 years 30 year 35 year $1,500 $2,000 $2,500 $3,000 $3,500 Grade 1 Public Defender County Attorney Commissioner of Social Services Director of Information Technology Public Health Director Director, Comm. Mental Health Services Grade 2 Supt. Highways Sheriff Grade 3 Undersheriff Personnel Officer Grade 4 Probation Director II County Auditor Deputy Highway Supt. Deputy Public Health Director County Treasurer Director of Patient Services Director of Planning County Clerk Asst. District Attorney Asst. Public Defender Asst. County Attorney Social Services Attorney ---PAGE BREAK--- 317 Director, Comm Mental Health (PT) Deputy Director of Information Technology Grade 5 Director, Agency on Aging Director, Real Property 1 Grant Administrator Grade 6 Director Jacobus Center Director Hospice MH Director of Administrator Services Director of Social Services Director of Administrative Services Program Director Asst. Director of Patient Services Grade 7 Bldg. & Gr. Superintendent Medical Director Medical Advisor Grade 8 Deputy Personnel Officer Deputy County Treasurer Deputy County Auditor Coordinated Services Director Grade 9 Emp. & Training Director Family Support Services Director Motor Equipment Fleet Supervisor Nutrition Program Director Youth Bureau Director Grade 10 Director Fire & Emergency Management Fiscal Officer Clerk –Legislature Adm. Service Manager Grade 11 Deputy County Clerk Motor Vehicle Director Asst. Director Fire & Emergency Management County Historian Safety Officer Coroner Assigned Counsel Administrator Fiscal Officer Trainee MANAGEMENT COMPENSATION Grade 1 Personnel Specialist 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 Grade 5 Audit/Accounts Payable Specialist Personnel Technician ---PAGE BREAK--- 318 Agenda Item No. 28 – Accept Bids/Authorize Purchase – Area Agency on Aging/Nutrition – Paper Goods and Maintenance Supplies On motion of Ms. Price. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 28 became: ON MOTION OF MS. PRICE RESOLUTION NO. 400-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies WHEREAS, bids were received on November 18, 2010 for January 1, 2011 through June 30, 2011, for the purchase of paper goods and maintenance supplies in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest bidder, AND WHEREAS, the following bids were received: Eastern Maintenance & Supply, 107 Norris Dr, Suite G, Rochester, NY 14610 Maines Paper & Food Serv, PO Box 450, 101 Broome Corp Pkwy, Conklin, NY 13748 Oliver Products Co., 445 Sixth St. NW, Grand Rapids, MI 49504 Quandt’s, PO Box 700, Amsterdam, NY 12010 Sanico, Inc., PO Box 2037, Binghamton, NY 13902 NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for January 1, 2011 through June 30, 2011. Agenda Item No. 29 – Accept Bids/Authorize Purchase – Miscellaneous Groceries and Frozen Foods On motion of Ms. Price. Seconded by Mr. Cornell. All members voting in favor; none opposed. Agenda Item No. 29 became: ON MOTION OF MS. PRICE RESOLUTION NO. 401-10 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods WHEREAS, bids were received on November 18, 2010 for the period January 1, 2011 through March 31, 2011 for the purchase of miscellaneous groceries and frozen foods in accordance with ---PAGE BREAK--- 319 specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, the Sheriff’s Department and Horizon House, AND WHEREAS, your Human Services Committee recommends that bids be awarded to the lowest bidder, AND WHEREAS, the following bids were received: Ginsberg’s, PO Box 17, Route 66, Hudson, NY 12534 Maines Paper & Food Serv, Inc, 101 Broome Corp Pkwy, PO Box 450, Conklin, NY 13748 Quandt’s, PO Box 700, Amsterdam, NY 12010 Sysco Food Service, PO Box 80, Route 173 North, Warners, NY 13164 NOW THEREFORE BE IT RESOLVED, that bids of the said vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER RESOLVED, that the above departments are authorized and directed to purchase said items from the low bidders for the period January 1, 2011 through March 31, 2011. Agenda Item No. 30 – Authorize Agreements (NYS Office of Children and Family Services) On motion of Ms. Price. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 30 became: ON MOTION OF MS. PRICE RESOLUTION NO. 402-10 Authorize Agreements Youth Bureau (New York State Office of Children and Family Services) WHEREAS, Funds have been made available to the County of Cortland through New York State Office of Children and Family Services for the period from January 1, 2011 to December 31, 2011, AND WHEREAS, the following programs/agencies have made grant applications to the Cortland County Youth Board and the Youth Board allocated funds in the amounts listed for the purposes listed: PROGRAM/AGENCY AMOUNT REASON ACCOUNT NUMBERS Catholic Charities $7,000.00 For the provision of mentoring services to young men in the rural areas of Cortland County & CCSI Appropriation Acct.: A73125.54525.4302 Revenue Acct.: A731243.43820.4302 YWCA/Bridges for Kids (Youth Development/Delinquency Program Funds) $4,600.00 To provide mentoring and support services for children who are products of violent homes and/or living in extreme poverty. Appropriation Acct.: A73125.54525.4303 Revenue Acct.: A731243.43820.4303 YWCA/Bridges for Kids (Special Delinquency Prevention Program $8,194.00 Appropriation Acct.: A73125.54530.4311 Revenue Acct.: ---PAGE BREAK--- 320 Funds) A731243.43820.4311 City Youth Bureau (Youth Development/Delinquency Program Funds) $4,600.00 To Provide tutoring and a high school equivalency course to potential and actual dropouts. Appropriation Acct.: A73125.54525.4304 Revenue Acct.: A731243.43820.4304 City Youth Bureau (Special Delinquency Prevention Program Funds) $8,194.00 Appropriation Acct.: A73125.54530.4310 Revenue Acct.: A731243.43820.4310 County Mental Health Clinic $6,000.00 To provide child respite services for youth. Appropriation Acct.: A73125.54525.4305 Revenue Acct.: A731243.43820.4305 After School Program Homer Congregational Church $4,030.00 To help provide an after school program for youth in grades 6th through 8th. Appropriation Acct.: A73125.54525.4307 Revenue Acct.: A731243.43820.4307 , AND WHEREAS, said agreements are contingent upon the County receiving 100% of the aforesaid amounts from the NYS Office of Children and Family Services, NOW THEREFORE BE IT RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, is hereby authorized to sign agreements with the above agencies and the State of New York for the amounts listed above to provide the aforesaid services. Agenda Item No. 31 – Authorize Resource Allocation Plan – NYS Office of Children & Family Services On motion of Ms. Price. Seconded by Ms. Spaulding. All members voting in favor; none opposed. Agenda Item No. 31 became: ON MOTION OF MS. PRICE RESOLUTION NO. 403-10 Authorize Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau WHEREAS, the NYS Office of Children and Family Services, through the Resource Allocation Plan, has made available the sum of $117,905.00 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 2011 and for which a copy is in the County Youth Bureau office, NOW THEREFORE BE IT ---PAGE BREAK--- 321 RESOLVED, that the Chairman of the Legislature, upon review by the County Attorney, be and hereby is authorized to execute the Resource Allocation Planning Agreement with the NY State Office of Children and Family Services, AND BE IT FURTHER RESOLVED, that in the event the county does not receive the appropriate funds from the NY State Office of Children and Family Services, the County shall not be liable to pay any of its own funds to meet any deficiency under the terms of the contract. Agenda Item No. 32 – Authorize Agreement – Youth Bureau (AmeriCorps Member) On motion of Ms. Price. Seconded by Mr. Spaulding. All members voting in favor; none opposed. Agenda Item No. 32 became: ON MOTION OF MS. PRICE RESOLUTION NO. 404-10 Authorize Agreement Youth Bureau (AmeriCorps Member) WHEREAS the SUNY Cortland Research Foundation secured an AmeriCorps grant and has offered Community agencies the opportunity to use the services of AmeriCorps members, AND WHEREAS the agencies are required to provide 15% of the match for the living stipend which amounts to $1,016.00 for a part-time AmeriCorps member. A part-time AmeriCorps member is required to work a minimum of 900 hours for at least nine months and up to twelve months between the period of November 1, 2010 and October 29, 2011, AND WHEREAS the Youth Bureau could utilize a part-time AmeriCorps to assist with the planning and implementation of programs addressing childhood obesity, an afterschool program in Homer, the CACTC Youth Conference, and other youth activities, NOW THEREFORE BE IT, RESOLVED, that the Chairman of the County Legislature, upon review and approval by the County Attorney is hereby authorized to sign an agreement with the SUNY Cortland Research Foundation. Agenda Item No. 33 – Authorize Agreement/Probation Department – Caseload Explorer On motion of Ms. Arnold. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 33 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 405-10 Authorize Agreement Probation Department (Caseload Explorer) WHEREAS, it is necessary for the Cortland County Probation Department to automate the department and increase productivity within the department with the installation of Caseload Explorer, AND ---PAGE BREAK--- 322 WHEREAS, Caseload Explorer is a software program specifically designed for the automation of New York State Probation Departments, AND WHEREAS, Cortland County Probation Department is one of the few probation departments within New York state that is not utilizing this software program, AND WHEREAS, AutoMon, LLC, (NYS Contract #PT62796) 1455 North Scottsdale Road Suite 300, Scottsdale, Arizona 85254 has made a proposal to Cortland County to fully configure Caseload Explorer based on the State of New York standard for New York Counties in relation to a three year lease agreement which includes the software, professional services and three years of maintenance and support, the lease principal is $60,179, AND WHEREAS, the proposal made by AutoMon expires on January 14, 2011, AND WHEREAS, funds were approved in the 2011 Fiscal Year County Budget in account A31405.54004, Computer Software, 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 three year agreement with AutoMon, LLC, (AutoMon) 1455 North Scottsdale Road Suite 300, Scottsdale, Arizona 85254, for the term January 1, 2011 through December 31, 2014, for the installation of Caseload Explorer Cortland County Probation Department. Agenda Item No. 34 – Authorize Payment/Amend 2010 Budget – Electrical Panel Replacement Project On motion of Ms. Arnold. Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 34 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 406-10 Authorize Payment/Amend 2010 Budget Tompkins Cortland Community College Electrical Panel Replacement Project WHEREAS, Cortland County Resolution 350-08 endorsed and approved payment of the County’s share for the Tompkins Cortland Community College Electrical Panel Replacement Project, AND WHEREAS, Resolution 350-08 did not allocate funds for the said project, AND WHEREAS, Cortland County’s share to date of said project is $61,369.74, and an invoice for said amount was received Aug. 27, 2010, NOW THEREFORE BE IT RESOLVED, that upon approval of the County Attorney, payment be made to Tompkins Cortland Community College for the Tompkins Cortland Community College Electrical Panel Replacement Project, in the amount of $61,369.74, AND BE IT FURTHER RESOLVED, that the 2010 budget be amended as follows: Decrease: ---PAGE BREAK--- 323 A19905 54775 Contingency Funds $61,369.74 Increase: A24955 54055 TC3 Electrical Panel $61,369.74 Agenda Item No. 35 – Adopt Local Law No. 3 of 2010 On motion of Ms. Arnold. Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda Item No. 35 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 407-10 Adopt Local Law No. 3 of 2010 A Local Law Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1. Title This local law shall be known as the “Cold War Veterans Property Tax Exemption Law”. Section 2. Findings The New York State Legislature has amended Section 458-b of the New York State Real Property Tax Law (RPTL) to provide the County of Cortland and other jurisdictions with the option of enacting a local law extending to Cold War Veterans a real property tax exemption similar to tax exemptions granted other war veterans. It is the intent of the Cortland County Legislature to extend such tax exemptions to Cold War Veterans by this local law. Section 3. Definitions “Cold War Veteran” means a person, male or female who served on active duty in the United States armed forces, during the time period from September 2, 1945 to December 26, 1991, and was discharged or released therefrom under honorable conditions. “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard. “Active Duty” means full-time duty in the United States armed forces, other than active duty for training. “Service Connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service. “Qualified Owner” means a Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. ---PAGE BREAK--- 324 Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled. “Qualified Residential Real Property” means property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran, unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization. “Latest State Equalization Rate” means the latest final state equalization or special equalization rate established by the state board pursuant to Article 12 of the Real Property Tax Law. The state board shall establish a special equalization rate if it finds that there has been a material change in the level of assessment since the establishment of the latest state equalization rate, but in no event shall such special equalization rate exceed one hundred. In the event that the state equalization rate exceeds one hundred, then the state equalization rate shall be one hundred for the purposes of this section. Where a special equalization rate is established for purposes of this section, the assessor is directed and authorized to recompute the Cold War veterans exemption on the assessment roll by applying such special equalization rate instead of the latest state equalization rate applied in the previous year and to make the appropriate corrections on the assessment roll, notwithstanding the fact that such assessor may receive the special equalization rate after the completion, verification and filing of such final assessment roll. In the event that the assessor does not have custody of the roll when such recomputation is accomplished, the assessor shall certify such recomputation to the local officers having custody and control of such roll, and such local officers are hereby directed and authorized to enter the recomputed Cold War veterans exemption certified by the assessor on such roll. “Latest Class Ratio” means the latest final class ratio established by the state board pursuant to title one of Article 12 of the Real Property Tax Law for use in a special assessing unit as defined in Real Property Tax Law §1801. Section 4. Grant of Exemption As authorized by Real Property Tax Law §458-b, the County of Cortland is hereby providing that qualifying residential real property of Cold War veterans, as previously defined, shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed six thousand dollars ($6,000) or the product of $6,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ration, whichever is less. In addition to the exemption provided in paragraph a of Section 4 of this local law, where the Cold War veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent (50%) of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed twenty thousand dollars ($20,000), or the product of $20,000 multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. ---PAGE BREAK--- 325 Section 5. Limitations The exemption from taxation provided by this local law shall not be applicable to taxes levied for school purposes. If a Cold War veteran receives the exemption under Real Property Tax Law §458, or §458-a, the Cold War veteran shall not be eligible to receive the exemption provided by this local law. The exemption provided by Section 4 of this local law shall be granted for a period of ten (10) years. The commencement of such ten year period shall be governed pursuant to this subparagraph. Where a qualified owner owns qualifying residential real property on the effective date of the local law providing for such exemption, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of the local law providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of the local law providing for such exemption, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the purchase of residential real property, such 10 year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such 10 year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the 10 year period. Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the state board, subject to the conditions set forth in Real Property Tax Law §458-b. The owner or owners shall file the completed form in the assessor’s office on or before the first appropriate taxable status date. This law may be repealed by the County of Cortland. Such repeal shall occur at least ninety (90) days prior to the taxable status date of the County of Cortland. Section 6. Severabilty If any clause, sentence, paragraph, subdivision, section or part of this local law be adjudged by any court or competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered. Section 7. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. Agenda Item No. 39 – Appoint Director of Community Mental Health Services – Cortland County Mental Health Department On motion of Mr. Pace. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. Agenda Item No. 39 became: ---PAGE BREAK--- 326 ON MOTION OF MR. PACE RESOLUTION NO. 408-10 Appoint Director of Community Mental Health Services Cortland County Mental Health Department WHEREAS, in conformance with a Memorandum of Understanding between the Community Services Board and the Cortland County Legislature, the County Administrator, members of the Public Health Committee and the Community Services Board met on December 14, 2010, to consider the full- time appointment of a Director of Community Mental Health Services, AND WHEREAS, upon a unanimous recommendation, the Community Services Board has appointed Mark Thayer, 3943 Pawnee Drive, Liverpool, NY 13090, as the Cortland County Director of Community Mental Health Services on or after January 1, 2011, AND RESOLVED, that the Cortland County Legislature does hereby concur with the continued appointment of Mark Thayer, 3943 Pawnee Drive, Liverpool, NY 13090, Management Compensation Plan, non-competitive class grade 1, step 3. Agenda Item No. 55 – Amend 2011 Budget – Cortland County Historical Society On motion of Ms. Arnold Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda Item No. 55 became: ON MOTION OF MS. ARNOLD RESOLUTION NO. 409-10 Amend 2011 Budget Cortland County Historical Society WHEREAS, the Cortland County Historical Society provides a variety of important services to Cortland County residents, as well as researchers, authors and genealogists from outside the County, AND WHEREAS, the Cortland County Historical Society, in addition to fundraisers, donations and grants, relies heavily on funds from the County for operating expenses, AND WHEREAS, the 2010 Cortland County budget provided $15,000 to the Historical Society and the 2011 budget line only has $6,000, AND WHEREAS, the Cortland County Budget & Finance Committee wishes to increase this amount to assist in the operating expenses of the Historical Society, NOW THEREFORE BE IT RESOLVED that the 2011 Budget be amended as follows: Increase: A7520 54826 Historical Society $9,000 Decrease: A19905 Contingency $9,000 Agenda Item No. 56 – Abolish Full-time Director of Administrative Services/Mental Health ---PAGE BREAK--- 327 The Clerk advised that because this resolution was not on the agenda and did not pass through committee, the Rules of Order would need to be suspended to consider the resolution. Ms. Gofkowski made a motion to suspend the Rules of Order. Seconded by Mr. Pace. The Clerk read a roll call vote to suspend the Rules of Order (see attached). The motion was approved with a weighted vote of 43,028. On motion of Mr. Williams. Seconded by Ms. Gofkowski. Ms. Gofkowski said that this is a business decision, not a personal decision. She said the clinic has been restructured and the new full-time Director of Community Services will be taking over the administrative duties of the Mental Health Department. She said it will save the county about $55,000 plus fringe benefits. She added that services will not lapse. Ms. Price said the employee is Mike Kilmer, who has worked hard for the county and she thanked him for his service. The Chairman called for a roll call vote (see attached). The motion was approved with a weighted vote of 35,557. Agenda Item No. 55 became: ON MOTION OF MR. WILLIAMS RESOLUTION NO. 410-10 Mental Health Department Abolish Full-time Director of Administrative Services/Mental Health WHEREAS, the needs of the agency will be better served by abolishing one full-time position of Director of Administrative Services/Mental Health, AND WHEREAS, the Health and Budget & Finance Committees recommend the abolition of this position, NOW THEREFORE BE IT RESOLVED, that one full-time position of Director of Administrative Services/Mental Health (Management grade 6, - competitive class) be and hereby is abolished effective February 11, 2011. Following the vote, Ms. Gofkowski introduced Mr. Mark Thayer, who was recently appointed as the New Director of Community Services. Executive Session Mr. Cornell made a motion to go into executive session to discuss the terms of two negotiated contracts. Seconded by Ms. Gofkowski. All members voting in favor; none opposed. The Legislature held an Executive Session. Following the Executive Session, the Legislature continued with New Business. Agenda Item No. 23 – Authorize Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.- Cortland County Local 812-Unit 665002 Effective January 1, 2011 to December 31, 2014 On motion of Mr. Pace. Seconded by Mr. Harnett. All members voting in favor; none opposed. Agenda Item No. 23 became: ON MOTION OF MR. PACE RESOLUTION NO. 411-10 Authorize Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.- Cortland County Local 812-Unit 665002 Effective January 1, 2011 to December 31, 2014 ---PAGE BREAK--- 328 WHEREAS, the Cortland County and CSEA negotiating committees have met to negotiate a new contract, AND WHEREAS, the negotiating committees have agreed on a new contract, AND WHEREAS, CSEA, Local 1000, AFSCME, AFL-CIO – Unit 655002, Cortland County Local 812, ratified the contract on November 23, 2010, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves the attached contract. Agenda Item No. 24 - Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.- Cortland County Local 812-Unit 665003 Effective January 1, 2011 to December 31, 2014 On motion of Mr. Pace. Seconded by Mr. Bushnell. All members voting in favor; none opposed. Agenda Item No. 24 became: ON MOTION OF MR. PACE RESOLUTION NO. 412-10 Agreement between the County of Cortland and The Civil Service Employee’s Association, Inc.- Cortland County Local 812-Unit 665003 - Effective January 1, 2011 to December 31, 2014 WHEREAS, the Cortland County and CSEA negotiating committees have met to negotiate a new contract, AND WHEREAS, the negotiating committees have agreed on a new contract, AND WHEREAS, CSEA, Local 1000, AFSCME, AFL-CIO – Unit 655003, Cortland County Local 812, ratified the contract on December 15 , 2010, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature approves the attached contract. Announcements Chairman Williams thanked everyone for their work this year and wished everyone a Happy Holiday. Adjournment Mr. Hartnett made a motion to adjourn. Seconded by Mr. Bushnell. All members voting in favor; none opposed. The meeting was adjourned. ROLL CALL VOTE Dec. 16, 2010 Management Comp Plan Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 0 Bushnell 2362 1 0 Cobb 2317 1 2317 ---PAGE BREAK--- 329 Cornell 2875 1 0 Fuller 3351 1 3351 Gofkowski 1973 1 0 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Price 3207 1 3207 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 0 Willcox 2348 1 0 Williams 2320 1 2320 Total 46275 26414 Majority 23138 2/3rd 30850 Parker has NO VOTE ROLL CALL VOTE Suspend Rules of Order Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 2362 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 2334 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 2775 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 43028 Majority 24300 2/3rd 32400 ---PAGE BREAK--- 330 ROLL CALL VOTE Abolish Full Time Mental Health Director of Administration Votes AYE NAY Total Arnold 3369 1 3369 Briggs 2789 1 2789 Bushnell 2362 1 0 Cobb 2317 1 2317 Cornell 2875 1 2875 Fuller 3351 1 3351 Gofkowski 1973 1 1973 Hartnett 2334 1 0 Pace 2357 1 2357 Park 2042 1 2042 Parker 2324 1 2324 Price 3207 1 0 Ross 2314 1 2314 Spaulding 2364 1 0 Steger 2775 1 0 Troy 2362 1 2362 Waldbauer 2816 1 2816 Willcox 2348 1 2348 Williams 2320 1 2320 Total 48599 35557 Majority 24300 2/3rd 32400 ---PAGE BREAK--- LOCAL LAWS Res. 273-10 Adopt Proposed Local Law No. 1 of 2010 – Retirement Incentive Program ON MOTION OF MR. PACE RESOLUTION NO. 273-10 Adopt Proposed Local Law No. 1 for the Year 2010 2010 Retirement Incentive Program WHEREAS, proposed Local Law No. 1 for the year 2010 elects to provide a retirement incentive program for Part A targeted employees, and said local law was introduced at the Legislative Session held on August 26, 2010, AND WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof required by law, NOW THEREFORE BE IT RESOLVED, that proposed Local Law No.1 for the year 2010 shall take effect upon filing as required by law, and reads as follows: Local Law No. 1 of 2010 Local Law to Adopt the 2010 Retirement Incentive Program Part A – Chapter 105, laws of 2010 A LOCAL LAW electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the Cortland County BE IT ENACTED by the Legislature of the County of Cortland, as follows: 1. The Cortland County Legislature hereby elects to provide all of its eligible employees with a retirement program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the retirement incentive program shall be October 1, 2010. 3. The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 90 days in length and shall end on December 29, 2010. 211 ---PAGE BREAK--- 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the Cortland County for each employee who receives the retirement benefits payable under this local law. 5. This act shall take effect upon filing as required by law. Res. 279-10 Adopt Proposed Local Law No. 2 of 2010 – Providing for the Term of Office of County Administrator ON MOTION OF MR. PACE RESOLUTION NO. 279- 10 Adopt Proposed Local Law No. 2 for the Year 2010 Providing for the Term of Office of County Administrator WHEREAS, proposed Local Law No. 2 for the year 2010 provides for the term of office of the Cortland County Administrator, and said local law was introduced at a Special Legislative Session held on September 1, 2010. AND WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as required by law, NOW THEREFORE BE IT RESOLVED, that proposed Local Law No. 2 for the year 2010 is hereby adopted, and this proposed Local Law being subject to mandatory referendum, the Clerk of the Legislature is hereby directed to transmit to the Cortland County Board of Elections the form of the ballot proposition which shall be submitted for the approval of the electors of Cortland County at a general election on November 2, 2010, AND BE IT FURTHER RESOLVED, that the proposed Local Law No. 2 for the year 2010 shall become operative only if approved at such election by the affirmative vote of a majority of the qualified electors of Cortland County voting upon the proposition, and upon filing as required by law, NOW, THEREFORE, BE IT ENACTED by the Legislature of the County of Cortland, as follows: 216 ---PAGE BREAK--- Local Law No. 2 of 2010 A Local Law Providing for the Term of Office for the Position of Cortland County Administrator BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1. Definitions As used in this local law, the following terms shall mean and include: 1. “County” – the County of Cortland, State of New York 2. “Local Law” – a law adopted by the County Legislature pursuant to this local law or other act of the County Legislature in accordance with the provisions of the New York State Municipal Home Rule Law. 3. “County Act” – a local law or resolution adopted by the County Legislature. Section 2. County Administrator Office Created and Continued Pursuant to the provisions of the Municipal Home Rule Law, the position of Cortland County Administrator was established by the Cortland County Legislature by Local Law No. 7 of the year 2002, and as amended by Local Law No. 3 of the year 2003, which provided that the County Administrator be appointed by the County Legislature for a fixed term of office not to exceed four years. The Cortland County Legislature desires to fix the term of the County Administrator in accordance with §23 of the Municipal Home Rule Law. All provisions of Local Law No. 7 of the year 2002 and Local Law No. 3 of the year 2003 shall remain in full force and effect except as modified herein. Section 3. County Administrator Term of Office A. The term of office of the County Administrator shall be up to four years from and including the first day of January. Successors shall be appointed for terms up to four years each. B. Vacancies occurring otherwise than by expiration of term shall be filled by appointment by the County Legislature for the unexpired portion of the term. C. Every County Administrator appointed for a fixed term may hold over and continue to discharge the duties of his/her office after the expiration of his/her term until his/her successor is chosen and has qualified, but after the expiration of such term the office shall be deemed vacant for the purpose of choosing a successor. All provisions of Public Officers Law §5 not inconsistent with this local law shall apply. ---PAGE BREAK--- D. At least six months prior to the end of the County Administrator’s term of office, the County Legislature shall determine if it wishes to advertise and seek applications for the position or to reappoint the incumbent County Administrator. The County Administrator shall receive written notification of either decision. If it is the wish of the County Legislature to seek applications for the position of County Administrator, the Chairman of the County Legislature shall appoint a Selection Committee. Section 4. No Divestiture of Powers or Duties of the County Legislature Nothing contained in this local law shall operate or be constructed to divest the Cortland County Legislature or any of its powers or duties. Section 5. Separability of Provision If any clause, sentence, paragraph, subdivision, section or part of this local law be adjudged by any court or competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered. Section 6. Ballot Proposition Upon the adoption of this local law 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 2010 to the electors of the County of Cortland, to be held on the 2nd day of November, 2010. Shall there be approved and adopted in the County of Cortland, New York, a local law entitled ‘A local law providing for the term of office for the position of County Administrator’, as enacted by the Cortland County Legislature on 1st day of September, 2010.” Section 7. 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 §27. ---PAGE BREAK--- Res. 407-10 Adopt Local Law No. 3 of 2010 A Local Law Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b ON MOTION OF MS. ARNOLD RESOLUTION NO. 407-10 Adopt Local Law No. 3 of 2010 A Local Law Providing for a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law Section 458-b BE IT ENACTED by the Legislature of the County of Cortland, as follows: Section 1. Title This local law shall be known as the “Cold War Veterans Property Tax Exemption Law”. Section 2. Findings The New York State Legislature has amended Section 458-b of the New York State Real Property Tax Law (RPTL) to provide the County of Cortland and other jurisdictions with the option of enacting a local law extending to Cold War Veterans a real property tax exemption similar to tax exemptions granted other war veterans. It is the intent of the Cortland County Legislature to extend such tax exemptions to Cold War Veterans by this local law. Section 3. Definitions “Cold War Veteran” means a person, male or female who served on active duty in the United States armed forces, during the time period from September 2, 1945 to December 26, 1991, and was discharged or released therefrom under honorable conditions. “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard. “Active Duty” means full-time duty in the United States armed forces, other than active duty for training. “Service Connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service. “Qualified Owner” means a Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such 323 ---PAGE BREAK--- person may also receive any exemption to which the deceased spouse was entitled. “Qualified Residential Real Property” means property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran, unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization. “Latest State Equalization Rate” means the latest final state equalization or special equalization rate established by the state board pursuant to Article 12 of the Real Property Tax Law. The state board shall establish a special equalization rate if it finds that there has been a material change in the level of assessment since the establishment of the latest state equalization rate, but in no event shall such special equalization rate exceed one hundred. In the event that the state equalization rate exceeds one hundred, then the state equalization rate shall be one hundred for the purposes of this section. Where a special equalization rate is established for purposes of this section, the assessor is directed and authorized to recompute the Cold War veterans exemption on the assessment roll by applying such special equalization rate instead of the latest state equalization rate applied in the previous year and to make the appropriate corrections on the assessment roll, notwithstanding the fact that such assessor may receive the special equalization rate after the completion, verification and filing of such final assessment roll. In the event that the assessor does not have custody of the roll when such recomputation is accomplished, the assessor shall certify such recomputation to the local officers having custody and control of such roll, and such local officers are hereby directed and authorized to enter the recomputed Cold War veterans exemption certified by the assessor on such roll. “Latest Class Ratio” means the latest final class ratio established by the state board pursuant to title one of Article 12 of the Real Property Tax Law for use in a special assessing unit as defined in Real Property Tax Law §1801. Section 4. Grant of Exemption As authorized by Real Property Tax Law §458-b, the County of Cortland is hereby providing that qualifying residential real property of Cold War veterans, as previously defined, shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed six thousand dollars ($6,000) or the product of $6,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special ---PAGE BREAK--- assessing unit, the latest class ration, whichever is less. In addition to the exemption provided in paragraph a of Section 4 of this local law, where the Cold War veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent (50%) of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed twenty thousand dollars ($20,000), or the product of $20,000 multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. Section 5. Limitations The exemption from taxation provided by this local law shall not be applicable to taxes levied for school purposes. If a Cold War veteran receives the exemption under Real Property Tax Law §458, or §458-a, the Cold War veteran shall not be eligible to receive the exemption provided by this local law. The exemption provided by Section 4 of this local law shall be granted for a period of ten (10) years. The commencement of such ten year period shall be governed pursuant to this subparagraph. Where a qualified owner owns qualifying residential real property on the effective date of the local law providing for such exemption, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of the local law providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of the local law providing for such exemption, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the purchase of residential real property, such 10 year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such 10 year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the 10 year period. Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the state board, subject to the conditions set forth in Real Property Tax Law §458-b. The owner or owners shall file the completed form in the assessor’s office on or before the first appropriate taxable status date. ---PAGE BREAK--- This law may be repealed by the County of Cortland. Such repeal shall occur at least ninety (90) days prior to the taxable status date of the County of Cortland. Section 6. Severabilty If any clause, sentence, paragraph, subdivision, section or part of this local law be adjudged by any court or competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered. Section 7. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---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 $208,921.00 169,250.00 39,671.00 0.00 Highway - Townwide $234,666.00 143,000.00 7,750.00 83,916.00 Comm. Development $3,900.00 3,900.00 0.00 0.00 Sub-Total $447,487.00 $316,150.00 $47,421.00 $83,916.00 Special Districts Light Districts $12,000.00 305.00 0.00 11,695.00 Water Districts $61,895.00 61,250.00 645.00 0.00 Cincy Fire District $95,833.00 0.00 0.00 95,833.00 Sub-Total Special Districts $169,728.00 $61,555.00 $645.00 $107,528.00 Total $617,215.00 $377,705.00 $48,066.00 $191,444.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $2,165,252.00 833,209.00 300,561.00 1,031,482.00 Gen - Outside Villages $687,170.00 385,400.00 121,770.00 180,000.00 Highway - Townwide $267,000.00 1,700.00 265,300.00 0.00 Hwy - Outside Villages $3,131,176.00 1,821,000.00 850,000.00 460,176.00 Sub-Total $6,250,598.00 $3,041,309.00 $1,537,631.00 $1,671,658.00 Special Districts C'ville Fire District $1,279,407.00 550,371.00 328,845.00 400,191.00 Sewer District $1,408,347.00 379,700.00 577,538.00 451,109.00 Water District $752,460.00 0.00 0.00 752,460.00 Sub-Total Special Districts $3,440,214.00 $930,071.00 $906,383.00 $1,603,760.00 Total $9,690,812.00 $3,971,380.00 $2,444,014.00 $3,275,418.00 SUMMARY OF TOWN BUDGETS - 2011 Published from Summary Sheets Submitted by Towns Town of Cincinnatus Town of Cortlandville ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $195,901.00 40,550.00 0.00 155,351.00 Highway - Townwide $291,635.00 78,885.00 0.00 226,250.00 Comm. Development $3,385.00 3,385.00 0.00 0.00 Sub-Total $490,921.00 $122,820.00 $0.00 $381,601.00 Special Districts Sewer District $11,850.00 11,850.00 0.00 0.00 Cuyler Fire District $79,100.00 0.00 0.00 79,100.00 Sub-Total Special Districts $90,950.00 $11,850.00 $0.00 $79,100.00 Total $581,871.00 $134,670.00 $0.00 $460,701.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $178,423.00 132,440.00 6,000.00 39,983.00 Highway - Townwide $266,822.00 105,750.00 0.00 161,072.00 Sub-Total $445,245.00 $238,190.00 $6,000.00 $201,055.00 Special Districts Freetown Fire District $32,309.00 0.00 0.00 0.00 Sub-Total Special Districts $32,309.00 $0.00 $0.00 $0.00 Total $477,554.00 $238,190.00 $6,000.00 $201,055.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $213,865.00 108,650.00 34,624.00 70,591.00 Highway - Townwide $230,355.00 42,050.00 20,000.00 168,305.00 Sub-Total $444,220.00 $150,700.00 $54,624.00 $238,896.00 Special Districts Harford Fire District $76,538.00 0.00 0.00 76,538.00 Harford Mills Water District $6,475.00 6,475.00 0.00 0.00 Sub-Total Special Districts $83,013.00 $6,475.00 $0.00 $76,538.00 Total $527,233.00 $157,175.00 $54,624.00 $315,434.00 Published from Summary Sheets Submitted by Towns Town of Cuyler Town of Freetown Town of Harford SUMMARY OF TOWN BUDGETS - 2011 ---PAGE BREAK--- Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $544,139.00 295,764.00 44,700.00 203,675.00 Gen - Outside Villages $108,130.00 86,357.00 21,773.00 0.00 Highway - Townwide $304,625.00 90,150.00 0.00 214,475.00 Hwy - Outside Villages $692,873.00 618,596.00 74,277.00 0.00 Sub-Total $1,649,767.00 $1,090,867.00 $140,750.00 $418,150.00 Special Districts Homer Fire District $82,500.00 0.00 0.00 82,500.00 Sub-Total Special Districts $82,500.00 $0.00 $0.00 $82,500.00 Total $1,732,267.00 $1,090,867.00 $140,750.00 $500,650.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $147,932.00 13,700.00 20,000.00 114,232.00 Highway - Townwide $303,270.00 74,190.00 20,000.00 209,080.00 Sub-Total $451,202.00 $87,890.00 $40,000.00 $323,312.00 Special Districts Lapeer Fire District $53,370.00 0.00 0.00 53,370.00 Sub-Total Special Districts $53,370.00 $0.00 $0.00 $53,370.00 Total $504,572.00 $87,890.00 $40,000.00 $376,682.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $214,905.00 54,840.00 100.00 159,965.00 Gen - Outside Villages $52,151.00 52,151.00 0.00 0.00 Highway - Townwide $107,632.00 36,056.00 100.00 71,476.00 Hwy - Outside Villages $208,449.00 208,449.00 0.00 0.00 Sub-Total $583,137.00 $351,496.00 $200.00 $231,441.00 Special Districts Marathon Fire District $104,960.00 0.00 0.00 104,960.00 Sub-Total Special Districts $104,960.00 $0.00 $0.00 $104,960.00 Total $688,097.00 $351,496.00 $200.00 $336,401.00 Town of Homer Town of Lapeer Town of Marathon SUMMARY OF TOWN BUDGETS - 2011 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 $262,351.00 209,600.00 52,751.00 0.00 Highway - Townwide $353,975.00 223,250.00 24,725.00 106,000.00 Sub-Total $616,326.00 $432,850.00 $77,476.00 $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 $711,326.00 $432,850.00 $77,476.00 $201,000.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $204,720.00 126,077.00 61,776.00 16,867.00 Highway - Townwide $325,241.00 159,400.00 20,000.00 145,841.00 Sub-Total $529,961.00 $285,477.00 $81,776.00 $162,708.00 Special Districts Scott Fire District $36,617.00 0.00 0.00 36,617.00 Water District # 1 $16,614.00 16,614.00 0.00 0.00 Sub-Total Special Districts $53,231.00 $16,614.00 $0.00 $36,617.00 Total $583,192.00 $302,091.00 $81,776.00 $199,325.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $169,560.00 32,017.00 15,000.00 122,543.00 Highway - Townwide $305,534.00 73,037.00 10,000.00 222,497.00 Sub-Total $475,094.00 $105,054.00 $25,000.00 $345,040.00 Special Districts Solon Fire District $41,000.00 0.00 0.00 41,000.00 Sub-Total Special Districts $41,000.00 $0.00 $0.00 $41,000.00 Town Total $475,094.00 $105,054.00 $25,000.00 $345,040.00 Town of Solon Town of Preble Town of Scott SUMMARY OF TOWN BUDGETS - 2011 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 $138,900.00 29,900.00 0.00 109,000.00 Highway - Townwide $247,237.00 118,237.00 0.00 129,000.00 Sub-Total $386,137.00 $148,137.00 $0.00 $238,000.00 Special Districts Taylor Fire District $35,435.00 0.00 0.00 35,435.00 Sub-Total Special Districts $35,435.00 $0.00 $0.00 $35,435.00 Total $421,572.00 $148,137.00 $0.00 $273,435.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $313,950.00 114,245.00 24,705.00 175,000.00 Highway - Townwide $409,525.00 144,500.00 37,730.00 227,295.00 Sub-Total $723,475.00 $258,745.00 $62,435.00 $402,295.00 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 $805,129.00 $258,745.00 $62,435.00 $483,949.00 Appropriated Estimated Estimated Excess Fund Amount to be Fund Appropriations Revenues Balance Raised by Tax General - Townwide $595,732.00 358,825.00 87,268.00 149,639.00 Highway - Townwide $723,282.00 382,494.00 3,251.00 337,537.00 Sub-Total $1,319,014.00 $741,319.00 $90,519.00 $487,176.00 Special Districts Virgil Fire District $218,800.00 0.00 0.00 218,800.00 Virgil Sewer District # 1 $226,784.00 117,384.00 0.00 109,400.00 Virgil Water District # 1 $124,054.00 70,232.00 0.00 53,822.00 Sub-Total Special District $569,638.00 $187,616.00 $0.00 $382,022.00 Total $1,888,652.00 $928,935.00 $90,519.00 $869,198.00 SUMMARY OF TOWN BUDGETS - 2011 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 $221,602.00 113,560.00 61,337.00 46,705.00 Highway - Townwide $273,100.00 135,535.00 7,065.00 130,500.00 Joint Youth Commission $9,961.00 9,961.00 0.00 0.00 Sub-Total $504,663.00 $259,056.00 $68,402.00 $177,205.00 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 $547,663.00 $259,056.00 $68,402.00 $220,205.00 Town of Willet SUMMARY OF TOWN BUDGETS - 2011 Published from Summary Sheets Submitted by Towns