1 26 12 Session Minutes by 9iD5lDQd

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									                                 Cortland County Legislature
                                       January 26, 2012
                                          6:00 P.M.
                                           Minutes


Public Hearing
  The Clerk read the legal notice for Proposed Local Law No. 1 of 2012 - A Local Law
  Setting The Salary Of Cortland County Election Commissioners. Chairman Park asked
  if there was anyone who wished to speak. Seeing none, he closed the public hearing.
.
  The Clerk read the legal notice for Proposed Local Law No. 2 of 2012 - A Local Law
  To Increase The Salary Of County Officers Elected Or Appointed For A Fixed Term
  During The Term Of Office. Chairman Park asked if there was anyone who wished to
  speak. Seeing none, he closed the public hearing.

Order of Business
Following a public hearings Chairman Park opened the meeting at approximately 6:07 p.m.,
followed by the Salute to the Flag. The Clerk of the Legislature took roll call. All members were
present.

Approval of Minutes
Mr. Troy made a motion to approve the minutes of the December 22, 2011 and January 4, 2012.
Seconded by Ms. Briggs. All members voting in favor; none opposed. The minutes were
approved as printed.

Privilege of the Floor
Chairman Park advised that Privilege of the Floor shall have a three minute limit. He the
Chairman is charged with keeping order of the proceedings, and if anyone is disruptive they will
be asked to leave.

Mr. Ron Rocco spoke in opposition to the appointment of Mr. Ross on any committees, boards
or advisory groups. He said he is glad the County has implemented an Airport Advisory Board,
but is opposed. to the taking of any property through eminent domain. He also spoke in
opposition to the re-appointment of Mr. Murphy as the County Administrator, saying a pay
increase is unwarranted and that details of the contract should have been made available to the
public.

Chief Bill Lazore of the Onondaga Nation spoke in opposition to the creation of a Solid Waste
Advisory Board, saying that operations should continue as they are, and the people of the
community have voiced their opposition to change.


                                                                                               1
Ms. Lee Miller stated that the Visitor’s Bureau is an important advocate for tourism in the
County, but she is opposed to funding its resources through an Occupancy Tax, saying that is a
counter-productive practice. She also spoke in opposition to a pay increase for Mr. Murphy.

New Business
Mr. Troy made a motion to suspend the Rules of Order to consider Agenda Item’s 65-70,
which were not on the original agenda. Seconded by Mr. Willcox. All members voting in
favor; none opposed.
Mr. Troy made a motion to consider Agenda Items 65-70 as a Consent Agenda. Seconded
by Ms. Price. All members voting in favor; none opposed. The motion was approved.
Mr. Troy made a motion to approve the consent agenda. Seconded by Mr. Willcox. All
members voting in favor; none opposed. Agenda Items 65-70 became:

ON MOTION OF MR. PARK                                    RESOLUTION NO. 8-12

                                   Appoint Members
                                Community Services Board
                                    Mental Health

       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 (4) years except for
vacancies for unexpired terms, AND

      WHEREAS, the terms of appointment have expired for the following members of the
Community Services Board: Tim Pefetti, Polly Cator MD, Mary McGory, Kimberly McRae
Friedman, Tony Pace and Jennifer Gofkowski, AND

       WHEREAS, there are two vacancies due to resignation of Barb Ryan and Sally Kamerling
whose terms were set to expire 12/31/13, NOW, THEREFORE BE IT

       RESOLVED, that the following appointments be made:

NAME/ADDRESS                                             TERM
Aaron T. Baier                                    1/26/12 – 12/31/15
15 Lincoln Ave.
Cortland, NY 13045

Martha Bush                                       1/26/12 – 12/31/13 (Barb Ryan Term)
16 Hannum Ave.
Homer, NY 13077

Tony Pace                                         1/26/12 – 12/31/13 (Legislative Rep)
95 E. Court Street
Cortland, NY 13045

Sandy Price                                       1/26/12 – 12/31/13 (Legislative Rep.)
                                                                                            2
1189 Church Street
Cortland, NY 13045

John Troy                                        1/26/12 – 12/31/13 (Kammerling term)
29 Summit St.
Cortland, NY 13045

Polly Cator MD                                   1/26/12 – 12/31/15
PO Box 4596
Ithaca, NY 14852
Mary McGory                                      1/26/12 – 12/31/15
17 Hamlin St.
Cortland, NY 13045

Kimberly McRae Friedman                          1/26/12 – 12/31/15
2151 Ames Road
Cortland, NY 13045

ON MOTION OF MR. PARK                                    RESOLUTION NO. 9-12

                                  Appoint Members
                              Mental Health Subcommittee
                       Cortland County Community Services Board

       WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as
nine members, AND

       WHEREAS, the Cortland County Community Services Board Subcommittee members
are appointed through the Cortland County Legislature, AND

       WHEREAS, terms of service are assigned to Board members, AND

       WHEREAS, the terms of Jim Seamon and Tony Pace have expired and Barbar Ryan and
Chris Gregory have resigned, NOW, THEREFORE BE IT

       RESOLVED, that the following persons are hereby appointed to serve as follows:


       NAME/ADDRESS                              TERM

Jackie Carlton                            1/23/12 – 12/31/13 (Barbara Ryan term)
Seven Valley Health Coalition
Cortland, NY

Jennifer O’Callahan                       1/26/12 – 12/31/15 (Seamons expired term)
Homer High School
Homer, NY

Sandy Price                               1/26/12 – 12/31/13 (Legislator Rep)
                                                                                        3
1189 Church Street
Cortland, New York

Marie Walsh                                  1/26/10 – 12/31/13 (Christine Gregory term)
Catholic Charities
Cortland, NY

ON MOTION OF MR. PARK                                      RESOLUTION NO. 10-12

                                     Appoint Members
                             Chemical Dependency Subcommittee
                          Cortland County Community Services Board

       WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as
nine members, AND

       WHEREAS, the Cortland County Community Services Board Subcommittee members
are appointed through the Cortland County Legislature, AND

       WHEREAS, terms of service are assigned to Board members, AND

       WHEREAS, the terms of JoAnn Wickman, Mary Clare Pennello and Tony Pace have
expired and Mary McGory and Emannual Lann have resigned, NOW, THEREFORE BE IT

                 RESOLVED, that the following persons are hereby appointed to serve as follows:

       NAME/ADDRESS                                 TERM

Aaron T. Baier                               1/26/12 – 12/31/13 (McGory term)
25 Lincoln Ave.
Cortland, New York

Chris Driscoll                               1/26/12 – 12/31/15 (Wickman expired term)
CCSI, DSS
Cortland, NY

Mike Pisa                                    1/26/12 – 12/31/15 (Pennello expired term)
2279 Carson Road
Cortland, New York

John Troy                                    1/26/12 – 12/31/13 (Legislative Rep)
29 Summit Street
Cortland, NY

Lisa Hoeschele                               1/26/12 – 12/31/13 (Lann term)
Family Counseling Services
Cortland, NY 13045


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ON MOTION OF MR. PARK                                     RESOLUTION NO. 11-12

                               Appoint/Re-Appoint Members
                               Cortland County Youth Board

       WHEREAS, The members of the Cortland County Youth Board are appointed by the
Cortland County Legislature, NOW THEREFORE BE IT

       RESOLVED, that the following persons be and hereby are appointed/re-appointed to the
Cortland County Youth Board, to serve without compensation for the following term:.

NAME/REPRESENTING                  ADDRESS                   TERM

John Troy                          29 Summit St               1/1/12 – 12/31/13
Legislative Representation         Cortland, NY 13045

Tony Pace                          93 East Court St           1/1/12 – 12/31/13
Legislative Representation          Cortland, NY 13045

Regina Ferro                        8 Cedar Street            1/1/12- 12/31/14
Citizen Representative              Cortland, New York

ON MOTION OF MR. PARK                                     RESOLUTION NO. 12-12

                                    Appoint Members
                          Developmental Disabilities Subcommittee
                         Cortland County Community Services Board

       WHEREAS, Mental Hygiene Law 41.11 establishes the number of board members as
nine members, AND

       WHEREAS, the Cortland County Community Services Board Subcommittee members
are appointed through the Cortland County Legislature, AND

        WHEREAS, terms of service are assigned to Board members, AND

        WHEREAS, the terms of Tony Pace and Kay Wood have expired, NOW, THEREFORE
BE IT

        RESOLVED, that the following persons are hereby appointed to serve as follows:

NAME/ADDRESS                               TERM
Tony Pace                                  1/26/12 – 12/31/13 (Legislative Rep)
25 Lincoln Ave.
Cortland, New York

Kay Wood                                   1/26/12 – 12/31/15 (re-appointment)
21 S. Williams St.
Homer, NY
                                                                                         5
ON MOTION OF MR. PARK                                     RESOLUTION NO. 13-12

                         Appoint Legislative Representatives to the
                          Occupancy Tax Allocation Committee

      WHEREAS, the Cortland County Occupancy Tax Allocation Committee presently is
comprised of the Director of the Cortland County Convention and Visitors Bureau, three
members from the Tourism Board and three members from the Cortland County Chamber of
Commerce Board, AND

      WHEREAS, it is desired to add two Legislators representing each political party to the
committee to determine recommendations/allocations of Occupancy Tax Monies, NOW,
THEREFORE BE IT

       RESOLVED, that Susan Briggs and John Troy be and hereby are appointed so serve on
the Cortland County Occupancy Tax Allocation Committee for a term to expire Dec. 31, 2013.

Ms. Price made a motion to consider Agenda Items 1-20 as a Consent Agenda. Seconded by Ms.
Briggs. All members voting in favor; none opposed. The motion was approved.
Mr. Fuller pulled Agenda Item No. 18 from consideration, and thusly, from the consent agenda.
Mr. Parker noted a correction on the address on No. 16.
Mr. Troy made a motion to approve the consent agenda. Seconded by Mr. Bushnell. All
members voting in favor; none opposed. Agenda Items No. 1-17, 19, and 20 became:

ON MOTION OF MR. PARK                                            RESOLUTION NO. 14-12

                                     Appoint Members
                            Soil and Water Conservation Board

        WHEREAS, Resolution 95-10 appointed Eugene Wright, Grange Representative for a
term to expire December 31, 2011, AND

     WHEREAS, the terms of Legislative Members have expired on December 31, 2011,
NOW, THEREFORE BE IT

       RESOLVED, that Eugene Wright is hereby reappointed to serve on the Soil & Water
Board for a term to expire on December 31, 2013 as provided by NYS Soil and Water
Conservation District Law, AND BE IT FURTHER

        RESOLVED, that Legislators Donnell Boyden and Ray Parker be appointed for their
tenure in office to expire on December 31, 2013.

ON MOTION OF MR. PARK                                            RESOLUTION NO. 15-12

                                    Appoint Members
                           Records Management Advisory Board


                                                                                               6
       WHEREAS, a Records Management Program was established by the Cortland County
Legislature through the adoption of Resolution No. 89-217, AND

      WHEREAS, a Records Management Advisory Board was established by the Cortland
County Legislature through the adoption of Resolution No. 153-97 NOW, THEREFORE BE IT

      RESOLVED, that the following be and hereby are appointed to the Records Management
Advisory Board for a term ending December 31, 2013
      .
                          Michael Park, Chairman of the Legislature
                                    John Natoli, Legislator
                                 Gordon Wheelock, Legislator
                              Cynthia Monroe, County Treasurer
                                  Ed Purser, County Attorney
          Elizabeth Larkin, County Clerk/Records Management Officer/Chairperson
                               Jeremy Boylan, County Historian
                              Cheryl Massman, City of Cortland
                                Lori Compton, City of Cortland
                              Mary Ann Kane, City of Cortland
                                Anita Jebbett, Town of Homer
                                Kim Reakes, Town of Truxton
                            Karen Snyder, Town of Cortlandville
                          Martin Sweeney, Town of Homer Historian
                            Cathy Barber, Town of Scott Historian

ON MOTION OF MR. PARK                                          RESOLUTION NO. 16-12

                              Appoint/Re-Appoint Members
                                  Fire Advisory Board

      WHEREAS, pursuant to a resolution dated December 18, 1950, establishing a Cortland
County Fire Advisory Board under the provisions of Article 10, Section 209-K of the General
Municipal Law, AND

         WHEREAS, Article 3, Section 4 of the Cortland County Fire Advisory Board By-Laws
states that the term of each member be one year, NOW, THEREFORE, BE IT

       RESOLVED, that the following persons be and hereby are appointed to the Cortland
County Fire Advisory Board, to serve without compensation for a term beginning January 1,
2012 and expiring December 31, 2012:

NAME                 DEPARTMENT                         ADDRESS

Shawn Scoville       Cincinnatus          5756 Telephone Rd. Cincinnatus, NY 13043
Richard Allen        Cortland             35 Garfield Street, Cortland, NY 13045
Erik Verfuss         Cortland             7 Arthur Ave, Cortland, NY 13045
Charles Glover       Cortland             16 Dawn Drive, Cortland, NY 13045
Michael Biviano      Cortlandville        3900 Highland Road, Cortland, NY 13045

                                                                                         7
Jared Gebel          Cortlandville         PO Box 5331, Cortland, NY 13045
Kelvin Corbin        Cuyler                4976 Lincklaen Road, Cuyler, NY 13158
Michael Price        Harford               59 Route 200, Harford Mills, NY 13158
Mahlon Irish, Jr.    Homer                 32 Center Street, Homer, NY 13077
Michael Niehus       Homer                 2 Brentwood Drive, Homer, NY 13077
Terrance Holmes      Homer                 6198 Sunnyside Drive, Homer, NY 13077
Dustin Contri        Marathon              1306 Conrad Road, Marathon, NY 13803
Norm Forrest         Marathon              544 Jennings Creek Road, Marathon, NY 13803
Thomas Heller        McGraw                28 West Center Street, McGraw, NY 13101
Lawrence Petrie      McGraw                3626 Route 11, McGraw, NY 13101
Michael Compton      Preble                6929 Otisco Valley Road, Preble 13141
Bruce Potter         Truxton               5775 Cheningo Road, Truxton, NY 13158
Daniel Selver        Virgil                245 Kohn Road, Dryden, NY 13053
Murray Kinney        Virgil                West State Road, Cortland, NY 13045
Ted Kemak, Jr.       Willet                204 Route 26, Willet, NY 13863
Richard Bushnell     Legislator            JPS Legislator

ON MOTION OF MR. PARK                                            RESOLUTION NO. 17-12

                                 Re-Appoint Members
                            Empire Zone Administrative Board

     WHEREAS, the appointment terms of the Empire Zone Administrative have expired,
NOW THEREFORE BE IT

       RESOLVED, that the following individuals be and hereby are re- appointed to the
Empire Zone Administrative Board for a two year term to expire 12/31/13 or until replaced by
Resolution of the Cortland County Legislature

  Danny Ross (Chairman Representative)                     John O. Reagan (Financial)
           60 Central Avenue                                          CPA
       Cortland, New York 13045                                 16 Church Street
                                                           Cortland, New York 13045
       Thomas O'Donnell (Business)
             Harrington Bros.                                 Mark Prus (Labor)
            14 Central Avenue                                  3 Stanford Drive
        Cortland, New York 13045                            Homer, New York 13077

  Paula Currie (Community Organization)                       Ann Homer (Zone)
               Walden Place                                       PO Box 106
                Bennie Road                                Cortland, New York 13045
        Cortland, New York 13045
                                                           Thomas Brown (Education)
                                                                 6 Hamlin Street
                                                           Cortland, New York 13045




                                                                                               8
          ON MOTION OF MR. PARK                                                RESOLUTION NO. 18-12

                                                       Appoint Members
                                                 Criminal Justice Advisory Board

                 WHEREAS, there are four vacancies on the Criminal Justice Advisory Board to be filled by
          individuals serving as public officers, NOW, THEREFORE, BE IT

                RESOLVED, that the following are hereby named to the Cortland County Criminal Justice
          Advisory Board for a two-year term, or until their term as a public officer which dictates their
          membership expires, whichever is longer:

                               Kevin Whitney - Chairman Judiciary & Public Safety Committee
                                Michael Park – Chairman of the Cortland County Legislature
                                             Lisa Cutia – Director of Probation
                                           Mike Catalano – City Chief of Police
                                     Lori Pallone – BOCES/Jail Transition Coordinator

          ON MOTION OF MR. PARK                                                RESOLUTION NO. 19-12

                                                      Appoint Members
                                           Cooperative Extension Board of Directors

               WHEREAS, there are two vacancies on the Cooperative Extension Board of Directors,
          NOW, THEREFORE, BE IT

                 RESOLVED, that the following persons be and hereby are appointed to the Cooperative
          Extension Board of Directors for a two year term ending December 31, 2013.

                   Donal Spaulding 33 Charles Street, Cortland, New York 13045
                   David Fuller, 3590 Taylor Valley Road, Cincinnatus, NY 13040

          ON MOTION OF MR. PARK                                                RESOLUTION NO. 20-12

                                                    Appoint Members
                                                    Cortland County
                                         Emergency Medical Services Advisory Board

                 WHEREAS, Resolution 196-04 created the Cortland County Emergency Medical Services
          Board with appointments to said Board to be completed by the Chairman of the Cortland County
          Legislature in accordance with their By-Laws, AND

                 WHEREAS, Article IV of the By Laws establishes the terms and conditions of said
          appointments, NOW, THEREFORE, BE IT




January 26, 2012, Regular Meeting of the Legislature – Minutes                                               9
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                RESOLVED, that the following persons be and hereby appointed to the Cortland County
          Emergency Medical Services Advisory Board for a two year term to expire on December 31, 2013

                   Donna Catlin                       Cincinnatus Emergency Squad
                   Clayton Bronson                    Dryden Ambulance
                   S. Lee Price                       Cortland Fire Department
                   Josh Aumick                        Cortlandville Fire Department
                   Jackie VanDee                      Cuyler Fire Department
                   Matt Green                         Cortland State Emergency Squad
                   Paul Pelletier                     Harford Fire Department
                   Michael Keegan                     Homer Fire Department
                   John Tillotson                     Marathon Fire Department
                   Jordan Lilley                      MAVAC
                   Edward Greenman                    McGraw Fire Department
                   Renee Compton                      Preble Fire Department
                   Kathryn Kaltenbach                 Truxton Fire Department
                   Adam Brown                         Virgil Fire Department
                   Arthur Nash                        Smith Ambulance
                   Richard Deiss                      Willet Rescue
                   David Butler                       TLC EMS Inc.
                   Richard Roberts                    Cincinnatus fire Department
                   Jerome Morrison                    Cortland Regional Medical Center
                   Douglas Van Etten                  Cortland County Deputy Fire/EMS Coordinator

          ON MOTION OF MR. PARK                                                 RESOLUTION NO. 21-12

                                                       Appoint Member
                                                 CNY Regional Market Authority

                 WHEREAS, Section 827 of the Public Authority Law of the State of New York provides that
          each County Legislature of the Central New York Regional Market District shall name directors to
          the Central New York Regional Market Authority, AND

                   WHEREAS, the term of appointment of Danny Ross has expired, NOW THEREFORE BE
          IT

                  RESOLVED, that Danny Ross be reappointed to represent Cortland County on said Board,
          effective immediately for a term to expire December 31, 2013.

          ON MOTION OF MR. PARK                                                 RESOLUTION NO. 22-12

                                                     Re-Appoint Member
                                               Open Space Commission-NYSDEC

          WHEREAS, the appointment of Danny Ross to the Open Space Committee of the New York State
          Department of Environmental Conservation, Region 7 has expired, NOW, THEREFORE, BE IT


January 26, 2012, Regular Meeting of the Legislature – Minutes                                           10
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 RESOLVED, that Danny Ross be re-appointed to the Open Space Committee of the New
          York State Department of Environmental Conservation Region 7, to a term expiring December 31,
          2013.

          ON MOTION OF MR. PARK                                              RESOLUTION NO. 23-12

                                                      Appoint Members
                                              TC-3 Financial Oversight Committee

                         WHEREAS, there are two vacancies on the TC-3 Financial Oversight Committee
          with terms that expired on December 31, 2011, AND

                   WHEREAS, Mr. Ross has agreed to continue on said Committee, NOW, THEREFORE, BE
          IT

                       RESOLVED, that Anthony Pace and Danny Ross be appointed to the TC-3 Financial
          Oversight Committee for a term ending on December 31, 2013.

          ON MOTION OF MR. PARK                                              RESOLUTION NO. 24-12

                                                Appoint Cortland County Liaison
                                                    TC-3 Board of Trustees

                       WHEREAS, a vacancy exists for the position of Liaison to the TC3 Board of
          Trustees, AND

                 WHEREAS, Anthony Pace has agreed to serve in that role, NOW, THEREFORE, BE IT

                 RESOLVED, that Anthony Pace, 93 E. Court Street, Cortland, NY 13045 be and hereby
          appointed as Cortland County’s Liaison to the TC3 Board of Trustees for a term to expire December
          31, 2013.




January 26, 2012, Regular Meeting of the Legislature – Minutes                                            11
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. PARK                                              RESOLUTION NO. 25-12

                                                       Appoint Members
                                                Cortland County Board of Health


                 WHEREAS, the term of Cindy Johnson, M.D., on the Cortland County Board of Health
          expired December 31, 2011, AND,

                  WHEREAS, there is a vacancy on the Cortland County Board of Health to be filled with the
          current Chairman of the Health Committee, NOW, THEREFORE, BE IT

                 RESOLVED, that John Troy, 29 Summit Street, Cortland, New York 13045, be and hereby
          is appointed to the Cortland County Board of Health for a two year term beginning January 1, 2012
          and ending December 31, 2013, AND BE IT FURTHER

                  RESOLVED, that Cindy Johnson, M.D., residing at 2094 Kypriotis Drive, Cortland, New
          York, be and hereby is re-appointed to the Cortland County Board of Health for a six (6) year term
          to expire December 31, 2017.

          ON MOTION OF MR. PARK                                             RESOLUTION NO. 26-12

                                                     Appoint Member
                                       Employment and Training Grant Administration
                                        Cayuga/Cortland Workforce Investment Board

             WHEREAS, pursuant to Section 117 of the Workforce Investment Act of 1998, the Governor of
          the State of New York has authorized and directed the Chief Local Elected Officials of the Cortland
          and Cayuga Counties, which have been designated as a Workforce Area, to appoint/reappoint
          members to the Workforce Investment Board for said Area, NOW THEREFORE BE IT

            RESOLVED, that the following person be and hereby is appointed to serve on the
          Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below:

                                      Regional Appointment
                 Name         Address             Sector              Term
              Ann Kubarek   Auburn, NY       WIA Title I Adult,  1/1/12 – 6/30/13
                                              D/W, TAA
          ON MOTION OF MR. PARK                                 RESOLUTION NO. 27-12

                                                     Appoint Members
                                                Communications Advisory Board

                 WHEREAS, Resolution No. 28-05 created a Communication Advisory Board to facilitate
          emergency communications, develop a structured plan and determine long term needs within
          Cortland County, NOW, THEREFORE BE IT


January 26, 2012, Regular Meeting of the Legislature – Minutes                                             12
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 RESOLVED, that effective immediately the following people be appointed to such Board to
          meet and report directly to the Judiciary and Public Safety Committee:

                                            Mike Park, Chairman of the Legislature
                                 Kevin Whitney, Chairman, Judiciary & Public Safety Committee
                                           Robert Corpora, Information Technology
                                              Jack Hess, Information Technology
                                           Donald Chambers, Highway Department
                                                MJ Uttech, Health Department
                                                 Lee Price, Sheriff Department
                                             Herbert Barnhart, Sheriff Department
                                        Frank “Mike” Catalano, City Police Department
                                            Lieutenant Daniel Hodack, NYS Police
                                                  David Tanner, 911 Dispatch
                                                 Nick Wagner, 911 Dispatch
                                          Paul VanValkenburg, SUNY Campus Police
                                                    Paul Sandy, City Police
                                                 Wayne Friedman, EMS Board
                                                  John Tillotson, EMS Board
                                              Dustin Contri, Fire Advisory Board
                                             Mahlon Irish Jr., Fire Advisory Board
                                         Robert Duell, Fire & Emergency Management

          AND, BE IT FURTHER

                  RESOLVED, that the appointments to this Communication Advisory Board will be for a
          term to expire on December 31, 2013.

          ON MOTION OF MR. PARK                                              RESOLUTION NO. 28-12

                                                 Re-Appoint Member
                               Cortland County Convention and Visitors Board of Directors

                WHEREAS, Resolutions 15-08 and 19-10 appointed Newell Willcox to the Cortland County
          Convention and Visitor’s Bureau, and

                  WHEREAS, his seat on said board expired Dec. 31, 2011, and he wishes to continue to serve
          on this board, NOW, THEREFORE, BE IT

                 RESOLVED, that Newell Willcox, 5448 State Route 281, Homer, New York 13077 be and
          hereby is appointed to said Board for a term expiring December 31, 2013.




January 26, 2012, Regular Meeting of the Legislature – Minutes                                           13
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. PARK                                                  RESOLUTION NO. 16

                                                 Appoint Airport Advisory Board

                  WHEREAS, Resolution No. 387-10 created an Airport Advisory Board to keep the facility a
          viable and operationally appropriate entity, and to provide the Legislature with advice from a wider
          range of individuals regarding issues facing the Legislature and the airport itself, AND

                   WHEREAS, the terms for Advisory Board members expired December 31, 2011, AND

               WHEREAS, the Highway Committee has reviewed and recommended the candidates below,
          NOW, THEREFORE BE IT

                 RESOLVED that the following be appointed to the Airport Advisory Board for a term set to
          expire December 31, 2013:

                   Kevin Whitney (legislator)                       Patrick M. Snyder
                   56 Delaware Ave                                  2015 St. Route 38A
                   Cortland, NY 13045                               Cortland, NY 13045

                   Ray Parker (legislator)                          Daniel McNeil
                   18 Hamlin Street                                 4457 Cosmos Hill Road
                   Cortland, NY 13045                               Cortland, NY 13045

                   Richard Bushnell (legislator)                    Roger Zilliox
                   11 Owego Street                                  1691 Parker Street
                   Cortland, NY 13045                               Cortland, NY 13045

                   William Cobb
                   2891 Cincinnatus Road
                   Cincinnatus, NY 13040.

          ON MOTION OF MR. PARK                                                  RESOLUTION NO. 30-12

                                                    Appoint Members
                                 Southern Tier East Regional Planning Development Board
                                                       (STERPDB)

               WHEREAS, the terms of membership of the Cortland County representatives to the
          STERPDB have expired, AND

                   WHEREAS, Cortland County is entitled to three representatives, NOW, THEREFORE, BE
          IT

                        RESOLVED, that the following individuals be appointed to STERPDB for a two year
          term ending December 31, 2013:


January 26, 2012, Regular Meeting of the Legislature – Minutes                                             14
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                                               Dan Dineen, Director of Planning,
                                             Danny Ross, Cortland County Legislator
                                              Brian Tobin, Mayor, City of Cortland

          ON MOTION OF MR. PARK                                                RESOLUTION NO. 31

                                                Appoint/Re-Appoint Members
                                             Cortland County Traffic Safety Board

                 WHEREAS, pursuant to Article 43 § 1672 of Vehicle and Traffic Safety Laws, Local Law
          No. 4 for the Year 1971 of the Cortland County Legislature established a Cortland County Traffic
          Safety Board, AND

                 WHEREAS, Local Law No. 3 for the Year 1978 amended Local Law No. 4 for the Year
          1971 and established the membership of the Board to be comprised of not less than 12 members
          appointed by the Cortland County Legislature, AND NOW, THEREFORE, BE IT

                  RESOLVED, that the following members be and hereby are appointed/re-appointed to serve
          the terms as listed below:

                    Name                          Organization                  Home address
                                             Cortland County Health        24 Pearne Ave. Cortland
             ReBecca Canzano                       Department
                                                 1/1/12-12/31/13
            LT. Robert Derksen              Cortland County Sheriffs      6243 Country Ln. Homer
                                                   Department
                                                 1/1/12-12/31/13
               Herb Barnhart                Cortland County Sheriffs           11 Stanford Dr.
                                                   Department                    Homer, NY
                                                 1/1/12-12/31/13
               Mike Catalano                Cortland City Police Dept.        3759 Westvale Dr.
                                                 1/1/12-12/31/13                Cortland, NY

            Paul VanValkenburg                   University Police        3137 E. River Rd. Truxton,
                                                 1/1/12-12/31/13                  NY 13158

            Daniel E. Hodack Jr.              New York State Police        12 Daisy Ln. Kirkwood,
                                                1/1/12-12/31/13                  NY 13795

                 Lee A. Price                          Sheriff            1189 Church St. Cortland,
                                                  1/1/12-12/31/13                NY 13045

              Christella Yonta           Seven Valleys Health Coalition    30 Sunnyfield Cortland,
                                                1/1/12-12/31/13                  NY 13045


January 26, 2012, Regular Meeting of the Legislature – Minutes                                         15
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                Angela Perry             Cornell Cooperative Ext.- Bike   4211 Rt. 11 Truxton, NY
                                                1/1/12-12/31/13

               David Guerrera                  Cortland City Police       2216 Parks Road, Cortland
                                                1/1/12-12/31/13


          ON MOTION OF MR. PARK                                                RESOLUTION NO. 32-12

                                                     Appoint Members
                                     Industrial Development Agency Board of Directors

                WHEREAS, pursuant to General Municipal Law 856, the Cortland County Legislature, on
          recommendation of the Chairman of the Cortland County Legislature, is required to appoint the
          members of the Industrial Development Agency Board of Directors, NOW, THEREFORE BE IT

                 RESOLVED, that the following individuals are appointed to the Industrial Development
          Agency Board of Directors effective immediately for a two year term to expire 12/31/13 or until
          such time that the Cortland County Legislature make new appointments by Resolution at the end of
          the two years:

                   John Shirley, 901 Alfred Lane, Homer, New York 13077
                   Stephen Compagni, 1657 Lighthouse Hill Road, Homer, New York 13077
                   Brian Mitteer – 2345 S. Cortland Virgil Road, Cortland, NY 13045
                   Michael McMahon, Creal Road, Homer, New York 13077
                   John O. Reagan, 96 Elm Street, Cortland, New York 13045
                   Johanna Ames, 972 Beechwood Lane, Cortland, NY 13045
                   James Pelowski, 3709 Katie Lane, Cortland, NY 13045

                 AND BE IT FURTHER RESOLVED, that Michael McMahon shall serve as Chairman of
          said Board.

          On motion of Mr. Park, Ms. Price seconded Agenda Item No. 21. All members voting in favor; none
          opposed. Agenda Item No. 21 became:

          ON MOTION OF MR. PARK                                                RESOLUTION NO. 21

                           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



January 26, 2012, Regular Meeting of the Legislature – Minutes                                                  16
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 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 monthly basis, those refund applications which have been approved during the
          previous month and further provides that all applications which have been denied by the Director, in
          whole or in part, shall be forwarded to the County Legislature for disposition, NOW, THEREFORE,
          BE IT

                  RESOLVED, that pursuant to Sections 554 and 556 of the Real Property Tax Law, the
          County Legislature does hereby delegate to the County Auditor the authority to approve corrections
          to the Real Property Tax Rolls and approve certain refunds of real property taxes as outlined in said
          Sections 554 and 556 of the Real Property Tax Law, in cases where the refund sought does not
          exceed the amount of twenty-five hundred dollars ($2,500), AND, BE IT FURTHER

                   RESOLVED, that this delegation of authority shall remain in effect through December 31,
          2012.

          On motion of Mr. Park; Seconded by Ms. Briggs – all members voting in favor; none opposed.
          Agenda Item No. 22 became:

          ON MOTION OF MR. PARK                                               RESOLUTION NO. 34-12

                                                        Authorize Agreement
                                                         Cortland County
                                                           (1890 House)

                  WHEREAS, the County of Cortland desires to promote cultural activities within the County
          that are beneficial to the citizens and visitors of the County, AND

                WHEREAS, the County Legislature has budgeted $6,000.00 in the 2012 Budget in account
          A75205.54843, NOW, THEREFORE, BE IT



January 26, 2012, Regular Meeting of the Legislature – Minutes                                              17
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 RESOLVED, that the Chairman of the Legislature, upon review and approval of the County
          Attorney, be and hereby is authorized to execute an agreement for the amount of $6,000.00 with the
          1890 House Museum to be paid from account A75205.54843 Miscellaneous Contract.

          On motion of Mr. Park; Seconded by Ms. Briggs. All members voting in favor; none opposed.
          Agenda Item No. 23 became:

          ON MOTION OF MR. PARK                                                RESOLUTION NO. 35-12

                                                     Authorize Agreement
                                                       Cortland County
                                               Cortland County Historical Society

                  WHEREAS, the County of Cortland desires to promote cultural activities within the County
          that are beneficial to the citizens and visitors of the County, AND

                WHEREAS, the County Legislature has budgeted $15,000.00 in the 2012 Budget in account
          A75205.54826, NOW, THEREFORE, BE IT

                  RESOLVED, that the Chairman of the Legislature, upon review and approval of the County
          Attorney, be and hereby is authorized to execute an agreement with the Cortland County Historical
          Society to be paid from account A75205.54826 Miscellaneous Contract for the purposes of
          collecting and preserving historical records of Cortland County.

          On motion of Mr. Park; Seconded by Mr. Spaulding. All members voting in favor; none opposed.
          Agenda Item No. 24 became:

          ON MOTION OF MR. PARK                                                RESOLUTION NO. 36-12

                                                     Authorize Agreement
                                                Finger Lakes Library Association

                 RESOLVED, that the Chairman of the Legislature, upon review and approval by the County
          Attorney, be and hereby is authorized and directed on behalf of the County of Cortland, to enter into
          an agreement with Finger Lakes Library Association for the year 2012, whereas in consideration of
          the sum of $3,500.00 (Account Number A74105 54830) paid by the County of Cortland, said Finger
          Lakes Library Association shall provide free library services to the residents of Cortland County,
          AND, BE IT FURTHER

                  RESOLVED, that pursuant to Section 224 of the County Law, the Finger Lakes Library
          Association shall render to the County Legislature a verified account of disbursements and verified
          or certified figures attached, AND, BE IT FURTHER

                 RESOLVED, that any unused amount of said sum shall be refunded to the County of
          Cortland.



January 26, 2012, Regular Meeting of the Legislature – Minutes                                              18
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          On motion of Mr. Park; Seconded by Mr. Parker. All members voting in favor; none opposed.
          Agenda Item No. 25 became:

          ON MOTION OF MR. PARK                                               RESOLUTION NO. 37-12

                                                   Authorize Payment
                                                    Cortland County
                                  (Cortland County Soil and Water Conservation District)

                 WHEREAS, the 2012 Adopted Budget appropriated the sum of $274,000.00 to be paid to the
          Cortland County Soil and Water Conservation District for the expense of maintaining said district
          and assisting the district in carrying out the provisions of the Soil Conservation Districts Law, AND

                 WHEREAS, Section 223 of the County Law authorizes such payments to be made upon
          adoption of a resolution directing the County Treasurer to make such payments upon certain terms
          and conditions, NOW, THEREFORE, BE IT

                 RESOLVED, that pursuant to Section 223, Subdivision 1 of the County Law, the County
          Treasurer, upon audit approval, be and hereby is directed to pay the sum of $274,000.00 (Account
          Number A87105 54850) on or after February 18, 2012 to the Cortland County Soil and Water
          Conservation District to be used for the maintenance of said conservation district and to assist said
          conservation district in carrying out the provisions of the Soil Conservation Districts Law, AND, BE
          IT FURTHER

                  RESOLVED, that at any time during 2012, the Chairman of the Legislature may request the
          directors of the Cortland County Soil and Water Conservation District to submit a report in writing
          of a detailed statement of its work and transactions for the preceding year and for any other period of
          time requested.

          On motion of Mr. Park; Seconded by Mr. Bushnell. All members voting in favor; none opposed.
          Agenda Item No. 26 became:

          ON MOTION OF MR. PARK                                        RESOLUTION NO. 38-12

                                   Authorize Agreement – Emergency Medical Physicians
                                                   County Coroners

                 WHEREAS, a Coroner’s Physician is required to sign a death certificate, or it is necessary to
          have an autopsy done on any death in which a certificate has not been signed, AND

                 WHEREAS, it is the wish of the County Coroner’s Office and the Judiciary & Public Safety
          Committee to authorize additional Coroner’s Physicians to sign death certificates, for a fee not to
          exceed $125 per signature, NOW, THEREFORE BE IT

                 RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, is
          hereby authorized and directed to enter into an agreement with Emergency Medical Physicians, 134


January 26, 2012, Regular Meeting of the Legislature – Minutes                                                19
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          Homer Avenue, Cortland, NY 13045, for the purpose of signing death certificates in the absence of
          the duly appointed Coroner’s Physician.

          On motion of Mr. Park; Seconded by Mr. Ross. All members voting in favor; none opposed. Agenda
          Item No. 27 became:

          ON MOTION OF MR. PARK                                        RESOLUTION NO. 39-12

                                            Authorize Agreement – Autopsy Services
                                                       Lourdes Hospital

                 WHEREAS, at times, the Cortland County Coroners require that autopsies be performed on
          deceased individuals, AND

                 WHEREAS, the County of Cortland is desirous of obtaining autopsy and forensic laboratory
          services and related professional services from Our Lady of Lourdes Memorial Hospital, Inc., 169
          Riverside Drive, Binghamton, New York 13905, AND

                   WHEREAS, Our Lady of Lourdes Memorial Hospital, Inc. has the necessary expertise and
          facilities to perform these services and is willing to provide said services, NOW, THEREFORE, BE
          IT

                  RESOLVED, that the Chairman of this Legislature be and hereby is authorized to enter into
          an agreement, upon approval of the County Attorney, with Our Lady of Lourdes Memorial Hospital,
          Inc. for autopsy and forensic laboratory services as follows:

                   Professional Fee:                                   $800.00
                   Morgue Fee:                                         $400.00

                   Special Fees:
                          Alcohol Level:                               $102.80
                   Drugs of Abuse Screen:                              275.75

                   Radiographs:
                         Skull AP/Lat                                  $365.55
                         Skull AP                                      $254.40
                         Chest AP/LAT                                  $ 83.90
                         Cervical Spine                                $374.90
                         Pelvis                                        $ 80.30
                         Abdomen Supine                                $164.00

          On motion of Mr. Willcox; Seconded by Mr. Spaulding. All members voting in favor; none opposed.
          Agenda Item No. 28 became:

          ON MOTION OF MR. WILLCOX                                           RESOLUTION NO. 40-12



January 26, 2012, Regular Meeting of the Legislature – Minutes                                            20
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                                                     Amend Agreement
                                                  Information Technology
                                    (Toshiba Business Solutions Copier Lease Agreement)

                 WHEREAS, the County desires to change the lease agreement with Toshiba Business
          Solutions AND

                   WHEREAS, Toshiba Business Solutions has agreed to the following changes:

                  Equipment Added:
                      o E-305 Copier – District Attorney

          AND

                  WHERAS, Toshiba Business Solutions has agreed to amend the lease agreement to reflect
          these changes, increasing our monthly lease payment by $175.00 a month from $4,750.93 to
          $4,925.93, NOW, THEREFORE BE IT,

                 RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is
          authorized to sign the amendment on behalf of the Cortland County Information Technology
          Department, upon the approval of the County Attorney.

          On motion of Mr. Whitney; Seconded by Ms. Briggs. All members voting in favor; none opposed.
          Agenda Item No. 29 became:

          ON MOTION OF MR. WHITNEY                                            RESOLUTION NO. 41-12

                                                      Resolution Appointing
                                                      Coroner’s Physician

                  WHEREAS, Section 400 of the County Law requires that a county in which any Coroner is
          not a physician, appoint a Coroner’s Physician, and

               WHEREAS, Carrie Klotz, MD has agreed to serve that role for Cortland County, NOW
          THEREFORE, BE IT

                RESOLVED, that the Cortland County Legislature hereby appoints Carrie Klotz, MD, as
          Coroners Physician for a term to expire December 31, 2012, and be it further

                 RESOLVED, that the Coroner’s Physician shall, by virtue of the office, be a Deputy Coroner
          and shall possess the powers and perform the duties of the Coroner during the absence or inability of
          the Coroner to act, or in the event of a vacancy in the Office of the Coroner.

          On motion of Mr. Whitney; Seconded by Mr. Cornell. All members voting in favor; none opposed.
          Agenda Item No. 30 became:



January 26, 2012, Regular Meeting of the Legislature – Minutes                                              21
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. WHITNEY                                            RESOLUTION NO. 42-12

                                                     Amend Resolution
                                           Fire & Emergency Management Office
                                         Adopt Revised Fire Services Mutual Aid Plan

                 WHEAREAS, the first recorded motion to adopt the Cortland County Fire Services Mutual
          Aid Plan was passed by the Board of Supervisors on July 13, 1960; revised and amended by
          Resolution No. 395 of 1975 and by Resolution No. 185 of 1983; AND,

                 WHEREAS, by definition, mutual aid is organized, supervised, coordinated, cooperative,
          reciprocal assistance in which personnel, equipment and physical facilities of all participating fire
          departments, regardless of type or size, are utilized for fire or other emergencies in which the
          services of firefighters would be used throughout the County of Cortland and adjacent areas; AND

                 WHEREAS, said document has been periodically revised and amended and approved by the
          Cortland County Fire Chiefs’ Association and Fire Advisory Board, and adopted by the Cortland
          County Legislature since the original document was created, NOW, THEREFORE, BE IT

                 RESOLVED, that the most recently revised edition of the Cortland County Fire Services
          Mutual Aid Plan, dated September 21, 2011, and adopted by the Cortland County Fire Chiefs’
          Association and Cortland County Fire Advisory Board, be and hereby is adopted by the Cortland
          County Legislature as the official document to establish a framework and guidelines by which the
          resources of the participating fire departments are utilized for the fire protection and other
          emergency incidents which require a fire service response within the County of Cortland and
          adjacent areas; AND, BE IT, FURTHER

                  RESOLVED, that a copy of the Cortland County Fire Services Mutual Aid Plan, as amended,
          be on file with the Clerk of this Legislature.

          On motion of Mr. Whitney; Seconded by Mr. Bushnell. All members voting in favor; none opposed.
          Agenda Item No. 31 became:

          ON MOTION OF MR. WHITNEY                                            RESOLUTION NO. 43-12

                                                       Authorize Agreement
                                                       Probation Department
                                                          (Medlab, Inc.)

                  WHEREAS, it is necessary for the Cortland County Probation Department to conduct drug
          testing as required to enhance supervision and verification to enforce Probation Department client
          abstinence from the illegal use of chemical substances and provide court verification of compliance
          with probation terms and conditions, AND




January 26, 2012, Regular Meeting of the Legislature – Minutes                                              22
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 WHEREAS, Cortland County Probation Department has contracted with Medlab Inc., 600
          Cayuga Road, Buffalo, New York 14225, since 2005 and the current contract, as authorized by
          Resolution 413-07, with said company expired December 31, 2011, AND

                 WHEREAS, the Cortland County Probation Department desires to continue to contract with
          said company for these services at no increase in costs from the previous contract, AND

               WHEREAS, funds are available in account A31405.54500, Medical Fees/Services, NOW,
          THEREFORE BE IT

                 RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the
          County Attorney, be and hereby is authorized to execute a two year agreement with Medlab Inc.,
          600 Cayuga Road, Buffalo, New York 14225, for the term January 1, 2012 through December 31,
          2013, for the purpose on conduction drug testing in the Cortland County Probation Department.

          On motion of Mr. Whitney; Seconded by Ms Price. Probation Director Lisa Cutia explained that this
          contract will charge the County for the number of electronic monitoring units in service. She said the
          most the County has ever had at one time is seven. She said the contract allows for two shelf units to
          be used as needed. She said the average cost of housing a prisoner is about $165, whereas electronic
          monitoring costs no more than $9.50 per day. She said last year the JPS Committee wrote a letter to
          all judges in the County advocating for the use of these devices, however there has been no increase
          in utilization to date. All members voting in favor; none opposed. Agenda Item No. 32 became:

          ON MOTION OF MR. WHITNEY                                            RESOLUTION NO. 44-12

                                                Authorize Agreement Amendment
                                                     Probation Department
                                                     Electronic Monitoring
                                                       (BI Incorporated)

                   WHEREAS, there is a need to reduce the population of inmates at the Cortland County Jail,
          AND

                 WHEREAS, electronic monitoring is an authorized and accepted method of providing Court-
          ordered supervision of offenders in the community, AND

                 WHEREAS, Cortland County Probation Department has contracted with BI Incorporated,
          6400 Lookout Road, Boulder, Colorado 80301, since 2005 and the latest contract, as authorized by
          Resolution 176-08, and an Amendment to said contract, as authorized by Resolution 133-10, with
          said company expired December 31, 2011, AND

                 WHEREAS, BI Incorporated has agreed to amend the previous contract for an additional one
          year period, January 1, 2012 and ending December 31, 2012, with no change in the current charges,
          AND




January 26, 2012, Regular Meeting of the Legislature – Minutes                                               23
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 WHEREAS, the Cortland County Probation Department desires to continue to contract with
          said company for products services at no increase in costs from the previous contract, AND

               WHEREAS, funds are available in account A31405.54055, Professional Services, NOW,
          THEREFORE BE IT

                 RESOLVED, that the Chairman of the Cortland County Legislature, upon approval by the
          County Attorney, be and hereby is authorized to execute a two year amendment with BI
          Incorporated, 6400 Lookout Road, Boulder, Colorado 80301, for the term January 1, 2012 through
          December 31, 2012, for the purpose electronic monitoring through the Cortland County Probation
          Department.

          On motion of Mr. Fuller; Seconded by Mr. Cornell. Mr. Fuller said that this project would have
          come in under budget if it weren’t for these contractual fuel and asphalt adjustments, which
          increased project costs. All members voting in favor; none opposed. Agenda Item No. 33 became:

          ON MOTION OF MR. FULLER                                             RESOLUTION NO. 45-12

                                           Resolution Amending Resolution 198-10
                                                 Award Construction Project
                                         Reconstruction of Page Green Road (CR 122)
                                                    Highway Department

                  WHEREAS, Resolution No. 198-10 awarded the Reconstruction of Page Green Road (CR
          122) to Suit-Kote Corporation, 1911 Lorings Crossing Rd., Cortland, NY 13045, AND

                  WHEREAS, the actual costs of the Reconstruction of Page Green Road (CR 122) exceeded
          Suit Kote Corporations bid of $3,442,842.00 by $48,503.80 due to contractual automatic asphalt and
          fuel price adjustments, NOW, THEREFORE BE IT

                 RESOLVED, that Resolution 198-10, paragraph 8 be amended to read that the maximum not
          to exceed is now $3,491,345.80.

          On motion of Mr. Ross; Seconded by Ms. Briggs. Mr. Ross explained that this contract is for cruelty
          to animals services, which the County is mandated to provide. It does not cover animal control,
          which is the jurisdiction of the respective municipalities. Mr. Parker asked that the Legislature
          receive periodic updates on operations at the SPCA as they relate to this contract. All members
          voting in favor; none opposed. Agenda Item No. 34 became:

          ON THE MOTION OF MR. ROSS                                           RESOLUTION NO. 46-12

                                                       Authorize Agreement
                                                       Cortland County SPCA

                 WHEREAS, the Cortland County Legislature has appropriated funds for use by the Cortland
          County Society for the Prevention of Cruelty of Animals, NOW, THEREFORE, BE IT


January 26, 2012, Regular Meeting of the Legislature – Minutes                                             24
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                  RESOLVED, that the Chairman of the Legislature, upon review and approval by the County
          Attorney, be and hereby is authorized to execute a contract between the County of Cortland and the
          Cortland County Society for the Prevention of Cruelty to Animals, whereby in consideration of the sum
          of $42,000 paid by the county, beginning January 1, 2012, and ending December 31, 2012, the SPCA
          will provide during normal business hours Monday thru Friday answering service to receive complaints
          regarding cruelty to animals, investigate all cases involving cruelty to animals and cooperate with
          appropriate law enforcement agencies in the prevention and prosecution of such cases, AND BE IT
          FURTHER

                  RESOLVED, that the County Treasurer, upon approval by the County Auditor, be and hereby is
          authorized to pay said Society the sum of $42,000 (Account Number A35105 54820) in accordance
          with the terms of said contract.

          On motion of Mr. Ross; Seconded by Mr. Fuller. All members voting in favor; none opposed.
          Agenda Item No. 35 became:

          ON MOTION OF MR. ROSS                                                RESOLUTION NO. 47-12

                                                      Authorize Agreement
                                                        Cortland County
                                                 (Cornell Cooperative Extension)

                 WHEREAS, the 2012 Adopted Budget appropriated funds in the amount of $294,000.00 for
          the operation of the Cornell Cooperative Extension of Cortland County programs, NOW,
          THEREFORE, BE IT

                  RESOLVED, that the Chairman of the Legislature, upon review and approval by the County
          Attorney, be and hereby is authorized to enter into an agreement with Cornell Cooperative Extension
          of Cortland County, AND, BE IT FURTHER

                 RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the
          sum of $294,000.00 in quarterly payments to the above named agency AND, BE IT FURTHER

                RESOLVED, that pursuant to section 224 of the County Law, said agency shall render to the
          County Legislature a certified account of disbursements with verified or certified figures attached,
          AND, BE IT FURTHER

                       RESOLVED, that any unused amounts of said sums shall be refunded to the County of
          Cortland.

          On motion of Mr. Ross; Seconded by Ms. Price. Mr. Ross said the allocation was reduced this year
          as the Federation is not doing the pheasant stocking program this year. All members voting in favor;
          none opposed. Agenda Item No. 36 became:




January 26, 2012, Regular Meeting of the Legislature – Minutes                                              25
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. ROSS                                                  RESOLUTION NO. 48-12

                                                       Authorize Agreement
                                                         Cortland County
                                                     (Federation of Sportsmen)

                  WHEREAS, § 224 of County Law of the State of New York authorizes a County to contract
          with non-profit organizations including associations for the purpose of propagation of game, game
          birds and fish, AND

                 WHEREAS, it is the desire of Cortland County to contract with the Cortland County
          Federation of Sportsmen’s Club for the propagation of game, game birds and fish in order to
          improve and control wildlife population in Cortland County, NOW, THEREFORE, BE IT

                 RESOLVED, that the Chairman of the Legislature, upon review and approval by the County
          Attorney, be and hereby is authorized to execute a contract with the Cortland County Federation of
          Sportsmen’s Club in the amount of $2,000. (Account Number A87205-54855) for the term of
          January 1, 2012 through December 31, 2012.

          On motion of Mr. Ross; Seconded by Mr. Troy. All members voting in favor; none opposed. Agenda
          Item No. 37 became:

          ON MOTION OF MR. ROSS                                                  RESOLUTION NO. 49-12

                                                       Authorize Agreement
                                                    Lime Hollow Nature Center

                 RESOLVED, that the Chairman of this Legislature be and hereby is authorized and directed,
          on behalf of the County of Cortland, to enter into an agreement, upon approval of the County
          Attorney, with the Lime Hollow Nature Center for the year 2011 whereby in consideration of the
          sum of $4,500.00 paid by the County, said nature center shall provide access to and promote,
          publicize and market, the public trails, programs, exhibits within Cortland County, AND BE IT
          FURTHER

                 RESOLVED, that pursuant to § 224 of the County Law, the said nature center shall render to
          the County Legislature a verified account of disbursements and verified or certified figures therefore
          attached, AND BE IT FURTHER

                 RESOLVED, that any unused amount of said sum shall be refunded to the County of
          Cortland.

          On motion of Mr. Ross; Seconded by Mr. Bushnell. Mr. Ross said the Community Transportation
          Association of America has already provided one of only two nationwide grants of $25,000 for this
          program. This resolution is for a matching $25,000 grant through the NYS Dept. of Transportation.
          All members voting in favor; none opposed. Agenda Item No. 38 became:


January 26, 2012, Regular Meeting of the Legislature – Minutes                                               26
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. ROSS                                             RESOLUTION NO. 50-12

                                         Authorize Grant Application and Agreement
                                        New York State Department of Transportation
                                             Transportation Needs Assessment
                                           Cortland County Planning Department

                 WHEREAS, Resolution 342-11 supported the Community Transportation Association of
          America (CTAA) Internal Transportation Review for
          Cortland County, AND

                 WHEREAS, Cortland County was selected by CTAA for funding of the transportation needs
          assessment, AND

                  WHEREAS, the New York State Department of Transportation Planning and Research
          Project Agreement granted Cortland County funding for such a transportation needs assessment at
          no cost to Cortland County provided that Cortland County applies for such funding, AND

                  WHEREAS, a transportation needs assessment will be a review of previous transportation
          studies, plans and reports, including the Local Human Services Transportation Coordination Plan,
          transportation demands, the enhancement of transportation services, with existing fiscal resources
          and the monitoring and development of a refined plan to implement strategies for the enhancement
          of transportation services within Cortland County, NOW THEREFORE BE IT

                 RESOLVED, that the Chairman of the Legislature, upon County Attorney approval, is
          hereby authorized to sign;

               1)      Any and all Agreements between Cortland County and the State of New York for the
                       above named project;

               2)      Any and all Agreements between Cortland County and any third party subcontractors
                       necessary to complete the project

          On motion of Mr. Ross; Seconded by Mr. Willcox. Mr. Fuller said that last year the County
          requested NYS legislation allowing rifle hunting, but was not informed that crossbows would also be
          permitted statewide, and therefore asked that crossbows be omitted from Cortland County. This
          resolution is rectifying that and requesting NYS to allow crossbow hunting in the County. All
          members voting in favor; none opposed. Agenda Item No. 39 became:

          ON MOTION OF MR. ROSS                                             RESOLUTION NO. 51-12

                       Resolution Requesting the New York State Legislature to Enact Legislation
                                   Allowing Cross Bow Hunting In Cortland County




January 26, 2012, Regular Meeting of the Legislature – Minutes                                              27
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                WHEREAS, the Cortland County Legislature would support a bill to allow the use of Cross
          Bow for big-game in Cortland County, AND

                 WHEREAS, big-game Rifle hunting is permitted in Cortland County and in many counties
          throughout New York State, AND

                  WHEREAS, a communication gap happened and Cortland County is the only County in New
          York State that allows Center Fire Rifle Hunting during the Regular Season for big game that does
          not allow Cross Bow during the same season, AND

                 WHEREAS, it is requested that action be completed in time for the Big Game Hunting
          Season of 2012, NOW, THEREFORE, BE IT

                 RESOLVED, that the Cortland County Legislature hereby requests the New York State
          Legislature to adopt special legislation amending New York State law § 11-0901, amending the
          environmental conservation law relating to the use of Cross Bow for hunting in the County of
          Cortland, AND BE IT FURTHER

                 RESOLVED, that a certified copy of this Resolution be sent to Governor Andrew Cumo,
          Peter Iwanowicz DEC Acting Commissioner, the New York State Fish and Wildlife Management Act
          Board, Senator James Seward, Assemblywoman Barbara Lifton, Assemblymen Gary Finch and
          Brian Kolb.

          On motion of Mr. Cornell; Seconded by Mr. Bushnell. Personnel Director Ms. Barber said that this
          Local Law is required to provide a salary increase for the Election Commissioners, who have been
          taken out of the Management Compensation Plan. She added that the next local law is required for
          appointed and elected officials and will have to be done every year. She noted that this year’s law
          only includes employees who are in the middle of their respective terms. All members voting in
          favor; none opposed. Agenda Item No. 40 became:

          ON MOTION OF MR. CORNELL                                           RESOLUTION NO. 52-12

                            ADOPT PROPOSED LOCAL LAW NO. 1 FOR THE YEAR 2012

                        A LOCAL LAW SETTING THE SALARY OF CORTLAND COUNTY
                                     ELECTION COMMISSIONERS

          BE IT ENACTED by the Legislature of the County of Cortland, as follows:

          SECTION 1.

          Each Cortland County Election Commissioner shall receive equal salary, pursuant to Election Law
          §3-208.

          SECTION II.



January 26, 2012, Regular Meeting of the Legislature – Minutes                                              28
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          The annual salary for each Cortland County Election Commissioner shall be increased from $27,991
          to $28,411 and paid over the balance of the 2012 calendar year, upon the effective date of this local
          law.

          SECTION III.

          This local law is subject to permissive referendum. It shall not take effect until at least forty five
          (45) days after its adoption as provided by Section 24 of the Municipal Home Rule Law.

          On motion of Mr. Cornell; Seconded by Mr. Bushnell. All members voting in favor; none opposed.
          Agenda Item No. 41 became:

          ON MOTION OF MR. CORNELL                                                RESOLUTION NO. 53-12

                            ADOPT PROPOSED LOCAL LAW NO. 2 FOR THE YEAR 2012

                     A LOCAL LAW TO INCREASE THE SALARY OF COUNTY OFFICERS
                    ELECTED OR APPOINTED FOR A FIXED TERM DURING THE TERM OF
                                             OFFICE

          BE IT ENACTED by the County Legislature of the County of Cortland, as follows:

          SECTION I.
          LEGISLATIVE INTENT

          The County Legislature hereby states the intent of this local law is to preserve the integrity of the
          Management Compensation Plan, the goal of which is to treat all employees equally by maintaining
          grade level salary increments attached to years of service to the county. It is the Legislature’s
          intention to extend the same increase in salary for those County officers elected or appointed for a
          fixed term, in compliance with New York State County Law §201, as has been previously adopted
          pursuant to the amended Grade and Step Schedule for Management / Management Confidential
          Employees through Cortland County Local Law Number 4 of 2011.

          SECTION II.

          The Employment Policy Manual for Department Heads, Management and Management /
          Confidential Employees includes a Grade and Step Schedule, with salary increments tied to grade
          levels and years of service. Certain officers are excluded as Local Law 4 of 2011 and New York
          State County Law §201 does not permit any new or amended Grade and Step Schedule to increase
          the salary of any officer elected or appointed for a fixed term during the term of office, except by
          Local Law, subject to permissive referendum (Municipal Home Rule Law §24(2)(h)).

          This Local Law shall function to increase the salary of the following officers elected or appointed for
          a fixed term, during their term of office:

                   Commissioner of Social Services                  Public Health Director


January 26, 2012, Regular Meeting of the Legislature – Minutes                                                     29
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                   Superintendent of Highways                        Personnel Officer
                   Director of Real Property Tax Services

          The same rate of annual salary increase for fiscal year 2012 extended to Cortland County
          Management and Management / Confidential Employees through the modification of the Grade and
          Step Schedule shall be provided to those officers elected or appointed for a fixed term, during their
          term of office. The annual salary of said officers elected or appointed for a fixed term, during their
          term of office, is to be adjusted and paid over the balance of the 2012 calendar year, upon the
          effective date of this local law.

          SECTION III .
          EFFECTIVE DATE

          This local law is subject to permissive referendum and shall not take effect until at least forty five
          (45) days after its adoption as provided by Section 24 of the Municipal Home Rule Law.

          On motion of Ms. Price; Seconded by Mr. Troy. All members voting in favor; none opposed.
          Agenda Item No. 42 became:

          ON MOTION OF MS. PRICE                                                    RESOLUTION NO. 54-12

                                                     Amend Budget
                                             Department of Social Services
                                       Community Solutions for Transportation (CST)

                 WHEREAS, the NYS Office of Temporary and Disability Assistance has allocated TANF
          funds for Community Solutions for Transportation (CST), NOW BE IT

                   RESOLVED, that the 2012 County Budget be and hereby is amended as follows:

                   Increase:
                          Expense:
                             A60105.54800.4687                 Admin-CST                 $3,077

                            Revenue:
                               A601044.44687                   Fed-Administration        $3,077

          On motion of Mr. Troy; Seconded by Mr. Bushnell. All members voting in favor; none opposed.
          Agenda Item No. 43 became:

          ON MOTION OF MR. TROY                                                     RESOLUTION NO. 55-12

                                                      Authorize Agreement
                                                    Heath Department/Hospice
                                                            (Auditor)



January 26, 2012, Regular Meeting of the Legislature – Minutes                                                     30
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 WHEREAS, Caring Community Hospice of Cortland, a division of the Cortland County
          Health Department, is required to complete a comprehensive annual Medicare Cost Report, AND

                 WHEREAS, Hospice will contract with Caryn Hughes, financial analyst specializing in
          Hospice Cost Report preparation to compile and analyze data to complete a cost report for a fee not
          to exceed $2000 maximum, AND

                WHEREAS, monies for the above service are budgeted in expenditure account
          A40485.54055, AND

               WHEREAS, the term for this agreement is January 1, 2012 through December 31, 2012,
          NOW, THEREFORE, BE IT

                 RESOLVED, that the Chairman of the Legislature and the Public Health Director or
          designee, upon review and approval by the County Attorney, are hereby authorized to sign an
          agreement for provision of such service.

          On motion of Mr. Troy; Seconded by Ms. Price. All members voting in favor; none opposed.
          Agenda Item No. 44 became:

          ON MOTION OF MR. TROY                                              RESOLUTION. NO. 56-12

                                                    Authorize Agreements
                                             Health Department (Nursing Division)
                                                     (Contracted Services)

                 WHEREAS, the Home Health Agency contracts for Home Health Aides, Physical Therapy,
          Speech Therapy, Occupational Therapy, nutrition consultation, wound care/ostomy consultation, and
          Intravenous Therapy services, AND

                   WHEREAS, the following agencies may provide Home Health Aide services:

                   All Metro Aids
                   Comfort Keepers
                   Home Care for Cortland County
                   Quality Care-USA, Inc. d/b/a/ Gentiva Health Services
                   Maxim HealthCare Services, Inc.

                   AND

                   WHEREAS, the following agency may provide Licensed Practical Nurses:

                   Home Care for Cortland County

                   AND



January 26, 2012, Regular Meeting of the Legislature – Minutes                                            31
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                   WHEREAS, the following individuals may provide physical therapy services:

                   Paul Gugerty
                   Sirisha Mandadi d/b/a A & M Physical Therapy
                   Jennifer McConnell
                   Diane Tennant
                   Linda Trivisonno

                   AND

                   WHEREAS, the following individual may provide occupational therapy services:

                   Lisa Addington

                   AND

                 WHEREAS, the following agency may provide speech language pathology, occupational
          therapy, physical therapy, nutrition/dietitian, and phlebotomy services as needed:

                   Cortland Regional Medical Center

                   AND other contractors as necessary to meet the needs, AND

                 WHEREAS, wound care/ostomy consultation, and Intravenous Therapy services are
          provided on an as needed basis through appropriate contractors as required, AND

                WHEREAS, monies for the above services are budgeted in expenditure account
          A40115.54500, Medical Fees and Services, AND

                   WHEREAS, the term of these agreements is January 1, 2012, through December 31, 2013
          AND

                  WHEREAS, these agreements shall include a ninety day extension clause, allowing the
          respective agreements to be extended until March 31, 2014, if successor agreements are not executed
          by January 1, 2014 NOW, THEREFORE, BE IT

                  RESOLVED, that the Chairman of the Legislature and the Public Health Director, or
          designee, upon review and approval by the County Attorney, are authorized to execute agreements
          for the provision of said services with fully qualified providers.

          On motion of Mr. Troy; Seconded by Mr. Cornell. All members voting in favor; none opposed.
          Agenda Item No. 45 became:




January 26, 2012, Regular Meeting of the Legislature – Minutes                                            32
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. TROY                                             RESOLUTION NO. 57-12

                                                    Authorize Agreement
                                           Health Department/Environmental Health
                                                  (Hearing Officer Services)

                  WHEREAS, the Division of Environmental Health requires a Hearing Officer to preside in
          cases for enforcement of the NYS Public Health Law, NYS Sanitary Code and the Cortland County
          Sanitary Code, AND

                 WHEREAS, Robert Spitzer, of 23 West Court Street, Cortland, New York will provide the
          services as necessary to meet the needs, AND

                 WHEREAS, monies for the above services are budgeted in Professional Services Expenditure
          account A40125.54055, AND

                   WHEREAS, the term for this agreement shall be from January 1, 2012 to December 31, 2013,
          AND

                  WHEREAS, this agreement shall include a ninety-day extension clause allowing the agreement
          to be extended until March 31, 2014 if a successor agreement is not executed by January 1, 2014, AND

                  WHEREAS, this agreement shall waive the requirement for Workman’s
          Compensation/Unemployment/Liability insurance coverage which names “Cortland County” as an
          additional insured, NOW, THEREFORE, BE IT

              RESOLVED, that the Chairman of the Cortland County Legislature and the Public Health
          Director, or designee, upon review and approval of the County Attorney, are hereby authorized and
          directed to execute an agreement for provision of said Hearing Officer services with Robert Spitzer,
          23 West Court Street, Cortland, New York 13045.

          On motion of Mr. Troy. Seconded by Mr. Spaulding. All members voting in favor; none opposed.
          Agenda Item No. 46 became:

          ON MOTION OF MR. TROY                                              RESOLUTION NO. 58-12

                                            Authorize Agreements/Accept Funds
                                    Health Department/Administration/Special Programs
                                     Breast & Cervical Cancer Early Detection Program

                 WHEREAS, Resolution #252-11 gave the Cortland County Health Dept. permission to enter
          into an agreement with Health Research, Inc. to continue the Breast & Cervical Cancer Early
          Detection Program for the period 06/30/11 – 06/29/12 which pays for screening and diagnostic
          services for uninsured and underinsured women in the amount of $30,265 AND



January 26, 2012, Regular Meeting of the Legislature – Minutes                                             33
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                   WHEREAS, the Cortland County Health Dept. has been awarded an additional $1,751, AND

               WHEREAS, these funds are in the 2011 Budget in Account A40105.54500.4007 (Medical
          Fees & Services) and Revenue Account A401043.43450.4007 (Cancer Services) NOW,
          THEREFORE, BE IT

                  RESOLVED, that the Chairman of the Legislature and the Public Health Director or
          Designee, upon review and approval by the County Attorney, are hereby authorized and directed to
          sign an agreement with Health Research, Inc to accept these funds.

          On motion of Mr. Troy. Seconded by Ms. Cobb. All members voting in favor; none opposed.
          Agenda Item No. 47 became:

          ON MOTION OF MR. TROY                                             RESOLUTION NO. 59-12

                                            Authorize Agreements/Accept Funds
                                       Health Department/Children With Special Needs
                                           (NYS Facilitated Enrollment Program)

                  WHEREAS, the Cortland County Health Dept., Children with Special Needs Division, has
          been awarded $109,758 from the NYS Dept. of Health to continue the Facilitated Enrollment
          Program, for the period January 1, 2012 through December 31, 2012, which assures families access
          to high quality health care through enrollment by community based providers, AND

                  WHEREAS, these funds are in the 2012 County Budget in Accounts A40595.51005 $58,438
          (Personnel), A40595.58020-58065 $27,647 (Fringe), A40595.54000-54078.4053 $23,673 (Other
          Than Personnel Services and Contractual) and Revenue Account A405943.43489 $109,758
          (Facilitated Enrollment), AND.

                 WHEREAS, the Cortland County Health Department will be contracting with community
          agencies to help coordinate the efforts of this grant, AND

                 WHEREAS, these agreements shall include a ninety day extension clause contingent on
          continued grant funding, allowing the respective agreements to be extended until March 31, 2013, if
          successor agreements are not executed by January 1, 2013, NOW, THEREFORE, BE IT

                  RESOLVED, that the Chairman of the Legislature and Public Health Director or Designee,
          upon review and approval by the County Attorney, are hereby authorized to sign this agreement with
          NYS to accept these funds and to contract with other community agencies to help coordinate the
          efforts of this grant.

          On motion of Mr. Troy; Seconded by Mr. Bushnell. All members voting in favor; none
          opposed. Agenda Item No. 48 became:




January 26, 2012, Regular Meeting of the Legislature – Minutes                                            34
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. TROY                                             RESOLUTION NO. 60-12

                                          Authorize Expense Account/Amend Budget
                                                 Family Counseling Services

                 WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services has
          approved additional funding for Family Counseling in 2012, in the amount of $28,550.00, NOW
          THEREFORE BE IT

                   RESOLVED, that the 2012 county budget be amended as follows:

          Increase:
                 Expenses:
                 A 43105 54870 4208 FAMILY COUNSELING (OASAS)                       $28,550.00

                   Revenues:
                   A431043 43486 4200 NYS OASAS                                     $28,550.00

          On motion of Mr. Troy; Seconded by Ms. Cobb. Mental Health Director Mark Thayer said
          this is for the legal portion of the OMIG audit response. He said he has met with a
          representative from the lawfirm and he is hopeful that any legal arguments will result in a
          reduction of the OMIG’s findings/citations. He said the County has asked for an extension to
          file these rebuttals. All members voting in favor; none opposed. Agenda Item No. 49
          became:

          ON MOTION OF MR. TROY                                             RESOLUTION NO. 61-12

                           Authorize Agreement – Iseman, Cunningham, Reister & Hyde, LLP
                                    (Legal Representation for OMIG Audit Process)

                  WHEREAS, the Office of Medicaid Inspector General has performed an audit of Mental
          Health Department records from April 1, 2003 through December 31, 2007, and subsequently issued
          an Exit Conference Summary Report, AND

                 WHEREAS, Cortland County wishes to refute the findings of said report in the first instance,
          and investigate the potential for reversing OMIG’s findings, NOW, THEREFORE BE IT

                 RESOLVED, that the Chairman of the Legislature, upon approval by the County Attorney, is
          hereby authorized and directed to enter into an agreement with Iseman Cunningham, Reister &
          Hyde, LLP, 9 Thurlow Terrace, Albany, New York 12203, at a fee of $275 per hour, to be paid out
          of Contingency Funds for the purpose of providing legal representation and preparing documents for
          Cortland County’s response to the OMIG Audit.

          On motion of Mr. Troy; Seconded by Ms. Cobb. All members voting in favor; none opposed.
          Agenda Item No. 50 became:


January 26, 2012, Regular Meeting of the Legislature – Minutes                                             35
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          ON MOTION OF MR. TROY                                             RESOLUTION NO. 62-12

                                           Authorize Agreement/Accept Grant Funds
                                                 Mental Health Department/
                                                  (Enhanced State Funding)

             WHEREAS, the Cortland County Mental Health Department has been selected to receive funding
          from the New York State Office of Mental Health to support the development of an Early
          Recognition, Coordination and Screening Process in Cortland County,

             WHEREAS, the New York State Office of Mental Health will provide annual funding for the
          program in the amount of $112,460.00 in 2012 to facilitate the hiring of one FTE staff dedicated to
          the process, and resources to support the implementation of a Cortland County 211 information and
          referral system, NOW, THEREFORE BE IT,

             RESOLVED, that the Chairman of the Legislature, and the Director of Community Services or
          Designee, upon review and approval by the County Attorney, are hereby authorized to sign this
          agreement with the State of New York to accept these funds.

          On motion of Mr. Troy; Seconded by Ms. Cobb. All members voting in favor; none opposed.
          Agenda Item No. 51 became:

          ON MOTION OF MR. TROY                                                 RESOLUTION NO. 63-12

                                                    Authorize Expense Account
                                                   JM Murray Center (OASAS)

                 WHEREAS, the New York State Office of Mental Health has approved additional funding
          for The JM Murray Center in 2012, in the amount of $8,859.00, NOW THEREFORE BE IT

                   RESOLVED, that the 2012 county budget be amended as follows:

          Increase:
                 Expenses:
                 A 43105 54870 4225 JM Murray Center (OASAS)                          $8,859.00

                   Revenues:
                   A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH                     $8,859.00

          On motion of Mr. Pace; Seconded by Mr. Cornell. Mr. Pace said that this is the same County
          contribution as 2010-2011 budget year. All members voting in favor; none opposed. Agenda
          Item No. 52 became:

          ON MOTION OF MR. PACE                                                 RESOLUTION NO. 64-12



January 26, 2012, Regular Meeting of the Legislature – Minutes                                            36
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                                                     Authorize Payment
                                            Tompkins Cortland Community College
                                               (Operating Budget 2011-2012)

                 WHEREAS, the Cortland County Legislature by Resolution No. 150-11 approved the 2011-
          2012 Operating Budget for Tompkins Cortland Community College and appropriated the necessary
          funds in the 2012 Adopted Budget in Account No. A24955.54780 to pay the college, NOW,
          THEREFORE, BE IT

                 RESOLVED, that the Cortland County Treasurer, be and hereby is authorized and directed
          pursuant to the provisions of the Education Law of the State of New York, and within the
          authorization provided by this Legislature, to pay the duly bonded Treasurer of Tompkins Cortland
          Community College, the Cortland County proportionate share of the Operating Budget of said
          college for the fiscal year 2011-2012 on the following dates in the following manner:

                                                 February 1, 2012      $393,580.00
                                                 April 1, 2012         $393,580.00
                                                 June 1, 2012          $393,580.00
                                                 August 1, 2012        $393,579.00

                                                  Total             $1,574,319.00

          AND, BE IT FURTHER

                 RESOLVED, that the Clerk of the Legislature be and hereby is directed to send certified
          copies of this resolution to the President of Tompkins Cortland Community College, the Tompkins
          County Legislature, and the Cortland County Treasurer.

          On motion of Mr. Pace; Seconded by Ms. Price. All members voting in favor; none opposed.
          Agenda Item No. 53 became:

          ON MOTION OF MR. PACE                                                     RESOLUTION NO. 65-12

                                                          Authorize Contract
                                                           Access Systems
                                                            County Clerk

                 WHEREAS, the Cortland County Clerk applied for a grant to pay a consultant to assist the
          Cortland County Clerk to prepare a plan for a Disaster Preparedness, Prevention and Recovery Plan
          for Cortland County, AND

                   WHEREAS, the grant was awarded in December of 2011, AND

               WHEREAS, the lowest priced vendor who responded to the RFP was Access Consultants,
          NOW THEREFOR BE IT



January 26, 2012, Regular Meeting of the Legislature – Minutes                                             37
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 RESOLVED, that upon approval of the contract by the County Attorney, the Chairman of the
          Cortland County Legislature is authorized to sign a contract with Access Consultants, not to exceed
          $22,000, to assist the Cortland County Clerk to prepare a plan for a Disaster Preparedness,
          prevention and Recovery Plan for Cortland County.

          On motion of Mr. Pace; Seconded by Ms. Price. All members voting in favor; none opposed.
          Agenda Item No. 54 became:

          ON MOTION OF MR. PACE                                                 RESOLUTION NO. 66-12

                                                Authorize Intra-Office Agreement
                                                Cortland County District Attorney
                                                   (Child Advocacy Program)
                                               (Contracting with VIP Installations)

                 WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to
          administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective
          handling of cases involving child victims of sexual and other abuse, which program is funded by
          New York State grants through the NYS Office of Children and Family Services (“OCFS”), and
          which funds are administered by the District Attorney of Cortland County (“DA”); and

                 WHEREAS, the CAP through the DA wishes to contract with VIP Installations for the
          purchase of needed audio/video equipment to furnish the interview rooms of the center in the
          amount of $2,921.50, paid for through said NYS grant, as approved for the current fiscal year;
          NOW, THEREFORE, BE IT

                 RESOLVED, that the Chairman of the Cortland County Legislature, upon review and
          approval by the County Attorney, be and hereby is authorized to sign such agreements as are
          necessary to purchase the needed camera system.

          On motion of Mr. Pace; Seconded by Mr. Spaulding. All members voting in favor; none
          opposed. Agenda Item No. 55 became:

          ON MOTION OF MR. PACE                                                 RESOLUTION NO. 67-12

                                              Amend 2012 Budget/Transfer Funds
                                                  Sheriff's Department/Jail
                                                   (Clothing & Uniforms)

                 WHEREAS, per the CSEA agreement 01/01/20011-12/31/2014, Article 22,
          Section 3, it has been determined that the 1099 Income form does not apply to this
          Section, NOW, THEREFORE, BE IT

                   RESOLVED, the 2012 Cortland County Budget is hereby amended as follows:

          Decrease:


January 26, 2012, Regular Meeting of the Legislature – Minutes                                                38
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                   Expenses:
                   A31505-54083              Clothing & Uniforms                $31,425.00

          Increase:
                 Expenses:
                 A31505-51040                Allowances                         $31,425.00

          On motion of Mr. Pace; Seconded by Mr. Troy. All members voting in favor; none opposed.
          Agenda Item No. 56 became:

          ON MOTION OF MR. PACE                                                 RESOLUTION NO. 68-12

                                              Amend 2012 Budget/Transfer Funds
                                               Sheriff's Department/Road Patrol
                                                    (Clothing & Uniforms)

                   WHEREAS, per the CPAC agreement 01/01/2006-12/31/2011, Article 28 Section
          5, it has been determined that the 1099 Income form does not apply to this
          Section NOW, THEREFORE, BE IT

                   RESOLVED, the 2012 Cortland County Budget is hereby amended as follows:

          Decrease:
                Expenses:
                A31105-54083                 Clothing & Uniforms                $32,720.00

          Increase:
                 Expenses:
                 A31150-51040                Allowances                         $32,720.00

          On motion of Mr. Pace; Seconded by Mr. Ross. All members voting in favor; none opposed.
          Agenda Item No. 57 became:

          ON MOTION OF MR. PACE                                                RESOLUTION NO. 69-12

                                                   Authorize Agreement
                                      Cortland County Convention and Visitors Bureau
                                          For Provision of Public Benefits Services
                                                For Promotion and Publicity

                  WHEREAS, the County of Cortland desires to promote and publicize the advantages,
          benefits and attractions of Cortland County in order to attract visitors, businesses, and industry,
          AND,




January 26, 2012, Regular Meeting of the Legislature – Minutes                                                  39
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                  WHEREAS, Section 224 of the County Law provides the County may contract with non-
          profit organizations, other corporations, associations and agencies within the County to provide such
          publicity services, upon certain terms and conditions, AND,

                 WHEREAS, Cortland County has impose a Hotel/Motel Occupancy Tax for the purpose of
          funding Tourism Promotion and has budgeted funds in the 2012 Adopted Budget, Account Number
          (A6410554822), NOW THEREFORE BE IT,

                 RESOLVED, that pursuant to Section 224 of County Law, the County shall enter into a
          contract with the Cortland County Convention and Visitors Bureau under the following terms and
          conditions:

               1. The amounts to be paid from County funds shall not exceed Three Hundred and Seventy-
                  Five Thousand Dollars ($375,000) for term of this agreement.

               2. The Bureau shall provide the County with its services and shall promote and publicize the
                  advantages of Cortland County in such a mode and manner as it deems appropriate,
                  including, but not limited to, all media, print, radio, television, direct contact, event publicity,
                  contests, or other promotional devices.

               3. Payment shall be made by the County Treasurer in the sum of $185,500 in advance, semi
                  annually, upon receipt of a Memorandum of Receipt duly executed by the principal officer
                  and disbursing officer of the Bureau in which they, on behalf of the Bureau agree to comply
                  with the terms of this Resolution.

               4. The term of this Agreement shall be one (1) year from January 1, 2012 to December 31,
                  2012.

               5. Within thirty (30) days of the termination of this Agreement, the Bureau shall provide and
                  render to the County a verified account of the disbursements of such organization with
                  verified or certified vouchers therefore attached. The County Auditor may request such
                  verified accounting be rendered to the County each quarter during the term of this
                  Agreement.

               6. The Bureau shall refund to the County at the termination of this Agreement, any monies paid
                  by the County remaining unused. NOW, THEREFORE BE IT

                   RESOLVED, that the Chairman of the Legislature be and hereby is authorized and directed
               to enter into an agreement, upon review and approval by the County Attorney, for 2012 with the
               Cortland County Convention and Visitors Bureau for the sum of $375,000 in accordance with
               the terms of said contract.

          On motion of Mr. Pace; Seconded by Mr. Cornell. All members voting in favor; none
          opposed. Agenda Item No. 58 became:

          ON MOTION OF MR. PACE                                                   RESOLUTION NO. 70-12


January 26, 2012, Regular Meeting of the Legislature – Minutes                                                     40
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                                               Accept Funds/Authorize Account
                                            Peer Recovery Center/Catholic Charities
                                                       (Mental Health)

                  WHEREAS, the New York State Office of Mental Health has approved additional funding
          for Catholic Charities in 2012, in the amount of $263,252.00 in order to institute a new peer recovery
          center, NOW THEREFORE BE IT

                   RESOLVED, that the 2012 county budget be amended as follows:

          Increase:
                 Expenses:
                 A 43105 54870 4213 Catholic Charities CSS (OMH)                      $263,252.00

                   Revenues:
                   A431043 43490 4200 NYS OFFICE OF MENTAL HEALTH                     $263,252.00

          On motion of Mr. Pace; Seconded by Mr. Bushnell. All members voting in favor; none
          opposed. Agenda Item No. 59 became:

          ON MOTION OF MR. PACE                                               RESOLUTION NO. 71-12

                                             Authorize Intra-Office Agreement
                                             Cortland County District Attorney
                                                 (Child Advocacy Program)
                                       (Payments to Buildings & Grounds-Renovations)

                 WHEREAS, a Child Advocacy Program (“CAP”) has been created in Cortland County to
          administer and run a Child Advocacy Center (“CAC”) to facilitate the most efficient and effective
          handling of cases involving child victims of sexual and other abuse, which program is funded by
          New York State grants through the NYS Office of Children and Family Services (“OCFS”), and
          which funds are administered by the District Attorney of Cortland County (“DA”); and

                  WHEREAS, the said CAP will be physically located in County-owned space on the first
          floor of the County Office Building, 60 Central Avenue, Cortland, NY (“CAP space”), in space
          formerly occupied by the Environmental Health Department; and

                WHEREAS, the CAP through the DA wishes to make payment to the Cortland County
          Department of Buildings and Grounds (“B&G”), for renovations to the CAP space in the amount of
          $5917.74 in the current fiscal year; NOW, THEREFORE, BE IT

                 RESOLVED, that the Chairman of the Cortland County Legislature, upon review and
          approval by the County Attorney, be and hereby is authorized to sign an agreement for the time
          period of January 1,2012 through December 31, 2012, authorizing the DA to make payments to
          B&G in an amount not to exceed $5917.74, AND, BE IT FURTHER


January 26, 2012, Regular Meeting of the Legislature – Minutes                                                41
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                   RESOLVED, that the 2012 County Budget hereby be amended to reflect this as follows:

                   Increase:
                          Expense:
                                A116543 52025 1160                  CAP to B&G         $5917.74

                            Revenue:
                                  A116543 43089 1160                OCFS               $5917.74

          On motion of Mr. Pace; Seconded by Mr. Troy. All members voting in favor; none opposed.
          Agenda Item No. 60 became:

          ON THE MOTION OF MR. PACE                                               RESOLUTION NO. 72-12

                                                         Designation of Depositories

                  WHEREAS, County Law Section 212 and General Municipal Law Section 10 require that
          the Cortland County Legislature designate one or more banks or trust companies for the deposit of
          public funds received by the County Treasurer, AND

                 WHEREAS, such designation must specify the maximum amount which may be kept on
          deposit at any time in each bank designated by the Cortland County Legislature, NOW,
          THEREFORE BE IT

                 RESOLVED, that the Cortland County Legislature hereby designates the following banks
          and trust companies for the deposit of public funds received by the County Treasurer and that the
          County Treasurer is authorized to utilize these institutions for said purpose not to exceed maximum
          amounts listed below:

                   NAME                                        MAXIMUM AMOUNT

          Alliance Bank, NA                                         $25,000,000.00
          First Niagara Commercial Bank                             $25,000,000.00
          M & T Bank                                                $10,000,000.00
          First National Bank of Dryden                             $ 2,000,000.00
          Key Bank of New York                                      $10,000,000.00
          Tompkins Trust Co.                                        $10,000,000.00
          Citizens Bank                                             $10,000,000.00
          JP Morgan Chase                                           $ 150,000.00

          On motion of Mr. Pace; Seconded by Mr. Ross.
          Mr. Park asked for an executive discussion to discuss details of the proposed contract with
          the County Administrator. Mr. Pace made that motion; seconded by Mr. Spaulding. All
          members voting in favor; none opposed. The Legislature held an executive session.



January 26, 2012, Regular Meeting of the Legislature – Minutes                                            42
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          Following the executive session, Mr. Park called for a roll call vote on Agenda Item No. 61 –
          “Re-Appoint County Administrator/Authorize Contract.” Legislators Arnold, Cobb, Fuller,
          Pace, Parker, Price, Ross, Troy, Whitney, Willcox and Park voting in favor. The motion was
          approved with a weighted vote of 28,807. Legislators Boyden, Briggs, Bushnell, Cornell,
          Hartnett, Natoli, Spaulding and Wheelock were opposed. Agenda Item No. 61 became:

          ON MOTION OF MR. PACE                                                   RESOLUTION NO. 73-12

                                  Re-Appoint County Administrator / Authorize Contract
                                              Cortland County Legislature

                WHEREAS, the Cortland County Legislature by Local Law No. 7 for the year 2002 (and as
          amended by Local Law No. 3 of 2003) established the Office of County Administrator; and

                  WHEREAS, pursuant to Local Law the Cortland County Legislature shall appoint a County
          Administrator for a fixed term who shall be directly responsible to the County Legislature and, on
          behalf of the County Legislature, shall perform the functions of a Chief Administrative Officer with
          the County Legislature retaining final administrative authority; and

                WHEREAS, Resolution No. 154 of 2010 appointed Martin D. Murphy as County
          Administrator, and

                WHEREAS, Local Law No. 2 of 2010 provided that the term of office of the County
          Administrator shall be up to four (4) years from and including the first day of January,

                  RESOLVED, that the Cortland County Legislature does hereby appoint Martin D. Murphy,
          to serve as County Administrator subject to the terms and conditions of the Employment Agreement
          attached hereto, for a term to expire December 31, 2015; AND BE IT FURTHER

                RESOLVED, that the Chairman of the County Legislature, upon review and approval by the
          County Attorney, be and hereby is authorized to execute on behalf of the County Legislature an
          employment agreement with Martin D. Murphy, AND BE IT FURTHER

                 RESOLVED, that certified copies of this resolution shall be forwarded to the County
          Personnel Director, County Treasurer, County Clerk and Martin D. Murphy by the Clerk of the
          Legislature.

          On motion of Mr. Pace; Seconded by Ms. Price. All members voting in favor; none opposed.
          Agenda Item No. 62 became:

          ON THE MOTION OF MR. PACE                                               RESOLUTION NO. 74-12

                                                     Amend Resolution 361-11
                                                     Real Property Tax Services
                                                       OCE Scanner/Printer



January 26, 2012, Regular Meeting of the Legislature – Minutes                                              43
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                 WHEREAS, Resolution 361-11 authorized agreements between Cortland County Real Property
          Tax Services and OCE-USA, Inc., AND

                 WHEREAS, Resolution 361-11 indicated the date of this agreement was December 31, 2011
          through December 31, 2012, AND

               WHEREAS, the term of this agreement is January 1, 2012 through December 31, 2012, NOW,
          THEREFORE, BE IT

                 RESOLVED, that the Chairman of the Legislature, upon review and approval by the County
          Attorney, be and hereby is authorized to sign an agreement with OCE-USA, Inc. and pay out of
          account A13555.54050 Equipment Maintenance/Repair.

          On motion of Mr. Pace; Seconded by Mr. Cornell. All members voting in favor; none
          opposed. Agenda Item No. 63 became:

          ON MOTION MR. PACE                                                RESOLUTION NO. 75-12

                                             Amend Budget/Re-Appropriate Funds
                                                  Buildings & Grounds

            WHEREAS, there were funds remaining unexpended in Account Nos. A16205.54076, B&G
          Expenses, A16205.54025, Utilities, A16205.54007, Maintenance Supplies, A16205.54078, Fuel,
          A16205.54015 MaintenanceAgreements,A16205.54065,Rent/Lease A16205.54085 Uniforms,
          A16205.54005, Supplies at the end of 2011, AND

              WHEREAS, there are 2011 expenses remaining to be paid, NOW, THEREFORE BE IT,

             RESOLVED, that these funds be re-appropriated in 2012 with the following amendment to the
          2012 budget:

                   Increase Account No. A16205.54076 B&G Expense $1,112.00
                   Expense Account No. A16205.54076 B&G Expense $1,112.00

                   Increase Account No. A16205.52025 Repair & Maintenance $8,948.98
                   Expense Account No. A16205.54076 B&G Expense $8,9483.98

                   Increase Account No. A16205.54005 Supplies $15.40
                   Expense Account No. A16205.54076 B & G Expense $15.40

                   Increase Account No. A16205.54025 Utilities $ 5,883.88
                   Expense Account No. A16205.54025 Utilities $ 5,883.88

                   Increase Account No. A16205.54007 Maintenance Supplies $2,772.37
                   Expense Account No. A16205.54007 Maintenance Supplies $2,772.37



January 26, 2012, Regular Meeting of the Legislature – Minutes                                           44
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
                   Increase Account No. A16205.54015 Maintenance Agreements $4,153.52
                   Expense Account No. A16205.54015 Maintenance Agreements $4,153.52

                   Increase Account No. A16205.54065 Rent/Lease $650.00
                   Expense Account No. A16205.54065 Rent/Lease $650.00

                   Increase Account No. A16205.54085 Uniforms $365.07
                   Expense Account No. A16205.54085 Uniforms $365.07

                   Increase Account No. A16205.54078 Fuel $578.88
                   Expense Account No. A16205.54078 Fuel $578.88

          Mr. Park pulled Agenda Item No. 64 “Appoint Investigator – Cortland County Legislature.”
          Mr. Purser advised that due to the drastic changes from the original agenda item, Agenda
          Item 64 be pulled, and the Legislature should suspend the Rules of Order to consider a new
          agenda item. Mr. Troy made a motion to suspend the Rules of Order to consider what
          became Agenda Item No. “64 A – Creating Special Committee/Investigations.” Seconded by
          Mr. Willcox. All members voting in favor; none opposed. The motion was approved, and the
          Rules of Order were suspended.
          On motion of Mr. Park; Seconded by Mr. Natoli. All members voting in favor; none
          opposed. Agenda Item No. 64A became:

          ON MOTION OF MR. PARK                                                  RESOLUTION NO. 76-12

                                                    Creating Special Committee
                                                           Investigations

                   WHEREAS, Cortland County has received allegations of employee misconduct; and

                WHEREAS, Cortland County has a duty and responsibility to investigate said alleged acts of
          misconduct; NOW, THEREFORE, BE IT

                 RESOLVED that the Cortland County Legislature does hereby create a special committee for
          the purpose of investigating allegations of employee misconduct, with powers and duties as provided
          by NYS County Law §209 delegated to the special committee from the County Legislature, AND
          BE IT FURTHER

                 RESOLVED, The special committee shall consist of five (5) members of the Cortland
          County Legislature, appointed by the Chairman of the County Legislature. The committee shall be
          authorized to accept the advice and counsel of citizens not members of the Legislature.

          Announcements:
          Ms. Price announced that the County/City/Towns/Villages/Schools committee will meet
          directly following this meeting to discuss Home Rule authority as it relates to hydraulic
          fracturing for natural gas.



January 26, 2012, Regular Meeting of the Legislature – Minutes                                            45
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
          Adjournment
          Mr. Pace made a motion to adjourn the meeting. Seconded by Mr. Mr. Fuller. The meeting
          was adjourned.




January 26, 2012, Regular Meeting of the Legislature – Minutes                                     46
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
            ROLL CALL VOTE
            Motion to table Agenda Item No. 26.-
            Proposed Solid Waste Collection Law

                                      Votes       AYE         NAY       Total
            Arnold                      3369            1                3369
            Briggs                      2789                        1         0
            Bushnell                    2362            1                2362
            Cobb                        2317                        1         0
            Cornell                     2875            1                2875
            Fuller                      3351                        1         0
            Gofkowski                   1973                        1         0
            Hartnett                    2334            1                2334
            Pace                        2357                        1         0
            Park                        2042                        1         0
            Parker                      2324            1                2324
            Price                       3207            1                3207
            Ross                        2314                        1         0
            Spaulding                   2364            1                2364
            Steger                      2775                        1         0
            Troy                        2362            1                2362
            Waldbaurer                  2816            1                2816
            Willcox                     2348                        1         0
            Williams                    2320                        1         0
            Total                      48599                            24013

                                                Majority      24300
                                                2/3rd         32400




January 26, 2012, Regular Meeting of the Legislature – Minutes                    47
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature
            ROLL CALL VOTE
            Agenda Item No. 26.- Proposed Solid
            Waste Collection Law

                                      Votes       AYE         NAY       Total
            Arnold                      3369                        1       0
            Briggs                      2789                        1       0
            Bushnell                    2362                        1       0
            Cobb                        2317            1                2317
            Cornell                     2875                        1       0
            Fuller                      3351            1                3351
            Gofkowski                   1973            1                1973
            Hartnett                    2334                        1       0
            Pace                        2357            1                2357
            Park                        2042            1                2042
            Parker                      2324                        1       0
            Price                       3207                        1       0
            Ross                        2314            1                2314
            Spaulding                   2364                        1       0
            Steger                      2775            1                2775
            Troy                        2362                        1       0
            Waldbaurer                  2816                        1       0
            Willcox                     2348            1                2348
            Williams                    2320            1                2320
            Total                      48599                            21797

                                                Majority      24300
                                                2/3rd         32400




January 26, 2012, Regular Meeting of the Legislature – Minutes                  48
Respectfully Submitted by Jeremy Boylan, Clerk of the Legislature

								
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