Cortland County Legislature

July 24, 2008

6:00 PM

Approved Minutes

 

Public Hearing

 

Chairman Daniels opened the Public Hearing at 6:06 PM to consider:  A Local Law Adopting a Code of Ethics and Requiring Financial Disclosure by Certain County Officials and Employees; Rescinding Local Law No. 5of 1984.  Chairman Daniels asked if there was anyone present that would like to speak in favor of the proposed law. 

 

Mr. Carroll, a resident of Virgil, approached the podium to speak in favor of the law.  He informed the Legislature that he had been kept abreast on the local law by reading about it in the paper.  He stated that he firmly believes that the County should adopt such a law.  He understood that the financial portion had been watered down and he stated that he hoped that met the needs of the Legislature.  He also stated that he firmly believes that an officer of the County should not hold two positions consecutively specifically in respect to the Election Commissioner and the Chairman of the party.  In Mr. Carroll’s opinion, holding the positions consecutively would tempt other individuals in the party to do wrong, which he believes they shouldn’t have the right to put the members in that position.  He stated that as a result, it would cause one side of the party to possibly do wrong.  He stated that if those were the only two concerns that the Legislature faced in deciding whether to adopt the law, then they should weigh them and in determining a decision keep their constituents in mind.  He was aware that some of the Legislators had received phone calls in regards to the adoption.  He asked the Legislature to consider those phone calls if the proposed law came to a vote tonight.  He urged the Legislature to vote “Yes.” 

 

Chairman Daniels inquired two additional times if there was anyone else present that would like to speak in favor of the local law.  With no one presenting himself or herself, he inquired three times if there was anyone present that would like to speak in opposition of the law.  With no one stepping forward to speak in opposition, Chairman Daniels closed the Public Hearing.

 

Order of Business

 

Chairman Daniels called Legislative Session to order at approximately 6:10 PM followed by the Salute to the Flag.

 

The Clerk of the Legislature took Roll Call.  All members were recorded as present except for Mr. Hartnett and Ms. Price, as they were recorded absent.

 

Chairman Daniels called for the approval of the June 26, 2008 Legislative Session- Regular Meeting minutes.  The minutes were unanimously approved. 

Proclamations & Recognitions

 

-         None

 

Privilege of the Floor

 

-         None

 

Receive & File Reports of Standing, Special and Ad-Hoc Committees

 

The 2006 Community Services Board (Mental Health) Report was received and filed.

 

Mr. Loomis made a motion top receive and file a proposal from Barton & Loguidice for the design and construction of the DMV facility.  A second was received from Mr. McKee. 

 

Mr. Williams inquired what it meant to receive and file the report.  Ms. Wilcox objected believing that doing so would lock the Legislature into spending roughly $153,000.  Mr. Schrader explained that the motion would only be to receive and file the report.  He stated that he was sure that Mr. Loomis would follow with a separate motion.  Ms. Wilcox expressed a concern with the fact that the document had just been placed on their desks and there had been no opportunity to review it.  Chairman Daniels informed the Legislature that if they approved this motion another motion would be made in order to discuss it.  Mr. Williams stated that he had no problem receiving and filing the report as long as it did not encumber them.  Chairman Daniels informed the Legislature that would not be.  There was a unanimous vote to receive and file the report.

 

Mr. Loomis made a motion to accept the proposal and authorize the work laid out in the term agreement.  He respectfully asked for a second in order to keep the project on track.  A second was received from Mr. Cornell.  Mr. Tagliente stated that he didn’t believe this should pass the full legislature with 2/3 votes, as it authorizes a 7.5 million building as opposed to others.  He stated that the Legislature should be looking into all options and did not need a building of that size.  Chairman Daniels informed them that the building size had already been voted on.  Mr. Tagliente stated that when it comes down to money the proposal would have to pass with 2/3 votes.  Mr. Schrader informed him that it only needs to be approved by simple majority because the money has already been set aside.  Mr. Tagliente inquired why a 2/3 vote was needed for approval of the Health facility.  Mr. Schrader replied that part of the approval was authorizing a bond for the construction costs.  He explained that bonding for a facility requires a 2/3 vote.  He informed the Legislature that money has already been set aside for the project through the Tobacco Reserve.  Mr. Daniels asked for further explanation of the cost.  Mr. Schrader stated there was an understanding that the facility would be built between $150-$200 per square foot.  He stated that 7,500 square feet was the maximum for the building and predicted the actual square footage to be between 6,000-6,500 square feet.  He stated that the reason for the lower square footage was that the voting machines took up less space than originally anticipated.  He explained that the design phase services were a little high due to the request to make the facility a green facility.  As a result, the engineering costs for the design would be increased.  Ms. Tytler inquired if it would be a green building or a lead certified green building.  Mr. Schrader responded it would be just a green building.  Mr. Williams inquired if the proposal would return to committee and then to full legislature if the contract for the design were approved.  Mr. Schrader said no.  He explained that a resolution was passed by the Legislature at the last meeting directing that a proposal be brought to full legislature for approval, which is what has been placed on your desks.  In regards to a contract, a contract has already been established with Barton & Loguidice.  He explained that the contract was used to derive the proposal.  He further stated that the fees that are delineated in the agreement have been used to draft the proposal.  Mr. Williams inquired if by accepting this they would be approving the design.  Mr. Schrader stated that construction documents would be created per the schedule.  Mr. Williams asked if it was too late to stop the project or if the next time they would have any contact with the project would be when they went done to get their licenses.  Mr. Schrader stated that the project had already begun, but that didn’t mean the Legislature could not stop the project.  He stated there were still contracts that still needed to be approved by the Legislature per the attached timetable.  He stated that if the Legislature felt that the bids came in too high or if they felt the bids were unacceptable, they would have the opportunity to change it.  Ms. Wilcox inquired why the Aging facility timetable was attached to the proposal when that facility was not even being spoken on.  Mr. Schrader replied it was there to address some concerns that were raised at the last Legislative Session.  One specific concern with the timetables was the inclusion of public comment into the projects that the Legislature was considering.  It is attached to show that the concerns are being addressed.  Mr. Willcox inquired what the final size of the building was.  He was unsure if it was going to be 7,500 square feet, 6,000 square feet or 4,000 square feet.  Mr. Schrader replied the final design would be approves in August by full Legislature.  Mr. Willcox asked if the 4,000 square foot building was no longer being considered.  Mr. Schrader replied that was a correct statement.  For Mr. Willcox’s clarification, he asked if the building cost would be 6,000 – 7,500 square foot multiplied by $200.  Mr. Schrader stated that would be true.  Ms. Wilcox inquired if the full Legislature would be voting on a resolution on August 28th for the approval of the project and authorizing a contract for A & E.  Mr. Schrader stated only if it was the wish of the Legislature.  Ms. Tytler inquired what A & E was.  Mr. Schrader responded that it stood for architectural and engineering.  He said it basically would approve the final design and the project.  Ms. Wilcox inquired if it would be before the project goes out to bid.  Mr. Schrader stated that was correct.  Ms. Wilcox stated that the Legislature would be approving spending $101,000 for the design and if they didn’t like the design the money would be gone.  Mr. Loomis inquired what was not to like.  Ms. Wilcox responded there was a lot not to like as they had not seen the design.  Mr. Loomis informed her that the design had to be paid for in order to have the design created.  He stated that the Legislature has agreed on the size and had the intent to the project forward.  He stated that they have the responsibility to provide the tax payers with a green building that may cost a little more in design, but will save them in the long run.  We have a building: that provides what the DMV needs and is a place that can house the Elections’ voting machines which is climate controlled.  He stated that the design was a basically an open floor plan with some outlets.  He did not foresee the building cost being escalated by the price of lights and outlets.  He urged the Legislature to move forward so other progress could be made in other areas of the County and encouraged all to vote in favor.  Chairman Daniels stated that in terms of a timeline it was predicted to have the facility built by June 1st.  He stated that the longer the wait to approve, the higher the cost will be.  Mr. Willcox agreed; stated that under the last administration they were looking into a 4,000 square foot building that would cost $600,000, now they were at 1.5 million.  Ms. Wilcox asked for the Aging timeline to be pulled from the proposal.  It was agreed to do so.  Mr. Loomis informed the other members that the intent is to have the DMV proposal to be on the next Building and Grounds agenda for discussion.  He urged all members interested to attend.  Mr. Williams stated he was more comfortable voting knowing there would be prior committee and legislative review in August. 

 

All members voted in favor, except Mr. Dafoe, Ms. Wilcox and Mr. Willcox voted nay.  The report was received and filed.

 

New Business - Resolutions

 

Chairman Daniels informed the Legislature and all in attendance that Agenda No. 20 would be moved to the end of the meeting to allow for more time to discuss the item.

 

Agenda No. 1 – Reappoint Member Agriculture and Farmland Protection Board

Motion made by Mr. Daniels; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No.1 became

 

Resolution No. 224-08

Reappoint Member Agriculture and Farmland Protection Board

 

            WHEREAS, the term appointment of Syd McEvoy, Executive Director of Cornell Cooperative Extension will expire on August 1, 2008, NOW, THEREFORE BE IT

 

            RESOLVED, that Syd McEvoy, be and hereby is reappointed for a four-year term expiring August 1, 2012.

 

Agenda No. 2 – Reappoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board

Motion made by Mr. Daniels; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 2 became

 

Resolution No. 225-08

Reappoint Member Employment and Training Grant Administration

Cayuga/Cortland Workforce Investment Board

 

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

 

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

 

 


Cortland Appointments

 

Name

Address

Sector

Term

 

Thomas Brown             Cortland, NY                    Private Sector                7/1/09-6/30/11

 

Agenda No. 3 – Ratifying the Purchase of GPS Equipment- Fire and Emergency Management.

Motion made by Mr. Troy; Motion seconded by Mr. Cornell.

 

Mr. Ross inquired about the cost of the equipment.  Mr. Schrader responded it was $3682.82.  Mr. Willcox asked how sophisticated the equipment was.  Mr. Schrader stated that although he had not seen the equipment; it has dual capacity navigator that either be mounted in the vehicle, but can also be taken with you.  He also said that it is not only a GPS locator it also tells you how to get to a location.  He said that it was a high end product that would be around $426 a piece, but was unable to judge if the purchase is worth the price. 

 

All members voted aye.  Agenda No. 3 became

 

Resolution No. 226-08

Resolution Ratifying the Purchase of

GPS Equipment Fire and Emergency Management.

 

            WHEREAS, the Cortland County Department of Fire and Emergency Management applied for and was awarded a New York State Homeland Security Grant for the 2007 State Fiscal Year to enhance the County’s emergency communications system, namely high band paging, AND

 

            WHEREAS, an unpaid Deputy Fire Coordinator personally purchased GPS equipment for the department in violation of the County’s Purchasing Policy, New York State General Municipal Law, the 2008 County Budget, and the New York State Homeland Security Grant, AND

 

            WHEREAS, the Public Safety Committee has recommended that the County Legislature ratify said purchase, AND

 

            WHEREAS, the Budget and Finance Committee concurs with this recommendation conditioned upon the Grant Funds not being used and the County Administrator utilizing funds current budgeted within the Department of Fire and Emergency Management, AND

 

            WHEREAS, the County Administrator has identified currently unspent funds originally allocated to training equipment that can be utilized to pay for the GPS equipment in lieu of the training equipment, NOW THEREFORE, BE IT

 

            RESOLVED, that the County Legislature hereby ratifies the purchase of 8 GPS navigators by the Deputy Fire Coordinator as evidenced by a packing slip dated May 27, 2008 and directs that the claim for reimbursement be forwarded to the County Auditor for his approval, AND, BE IT FURTHER

 

RESOLVED, that the County Administrator is hereby directed to amend the 2008 Department of Fire and Emergency Management Budget, in so much as the funds originally allocated to training equipment by utilized to pay for the GPS equipment, AND, BE IT FURTHER

 

RESOLVED, that, at no time, shall this purchase be charged to the New York State Homeland Security Grant, AND, BE IT FURTHER

 

RESOLVED, that the Director of Fire and Emergency Management is hereby directed to comply with County policies and New York State Law in administering any grant.

 

Agenda No. 4 – Abolish/Create Buildings & Grounds Department Assistant Superintendent of Buildings & Grounds/ Building Maintenance Foreperson.

Motion made by Mr. Loomis; Motion seconded by Mr. Spaulding.

 

Mr. Willcox inquired how this would better serve the County.  Mr. Schrader stated that it would be less money.  Mr. Willcox countered not if overtime is factored in.  Mr. Schrader explained that the position is not intended to have inordinate overtime; it allows us to have a working supervisor.  The current position was prohibited from doing union work.  This position allows for the supervision of staff as well as doing the work.  Ms. Wilcox inquired if the job description could not be rewritten to reflect those needs.  Mr. Schrader replied there are two distinct issues.  One is that all positions are classified by Civil Service which causes a conflict of management versus union.  The second issue is according to the Taylor Law it is prohibited for a management position to do union work.  If we were to rewrite the job description, the position would still be classified as Civil Service causing the County to be in position where a suit could be filed against them.  What is being proposed allows for more flexibility in the position: to do more work and supervise the staff.  Mr. Willcox asked in regards to the prior position how many hours could be worked.  Mr. Schrader stated that they would work a 35 hrs/wk, but they could work more hours and only get paid for 35 hours because the position was salary not hourly.  The proposed position would be hourly as you suggest and would be applicable for overtime.  Managers do not receive overtime.  Mr. Willcox asked how long the manager was employed.  Mr. Schrader responded approximately 3 months.  Mr. Willcox asked for the reason for his removal.  Mr. Schrader stated that he was on probation and was released.  Mr. Willcox inquired how long the probationary period was.  Mr. Schrader responded that it had just changed, but he believed it was a 3 month period that could not be appealed. 

 

All members voted aye, except Mr. Willcox voted nay.  Agenda No. 4 became

 

Resolution No. 227-08

Abolish/Create

Buildings & Grounds Department

Assistant Superintendent of Building & Grounds

/Building Maintenance Foreperson.

 

            WHEREAS, the needs of the agency will be better served by abolishing one position of Assistant Superintendent of Building & Grounds and creating one position of Building Maintenance Foreperson, AND

 

            WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Building Maintenance Foreperson, AND

 

            WHEREAS, the General Services/Budget & Finance Committees recommend the abolition and creation of these positions, NOW, THEREFORE, BE, IT

 

            RESOLVED, that one position of Assistant Superintendent of Buildings & Grounds (Management Compensation Plan, Grade 8, $41,874-50,946, competitive class) be and hereby is abolished effective July 24, 2008, AND BE IT FURTHER

 

            RESOLVED, that one position of Building Maintenance Foreperson (CSEA contract, Grade 18, $18.4495-22.4467/hr., competitive class) be created effective July 24, 2008.

 

Agenda No. 5 – Authorize Agreement/ Accept Funds Health Department/ Environmental Health Rabies Program

Motion made by Ms. Tytler; Motion seconded by Mr. Spaulding.  All members voted aye.  Agenda No. 5 became

 

Resolution No. 228-08

Authorize Agreement/Accept Funds

Health Department/Environmental Health

Rabies Program

 

            WHEREAS, funds in the amount of $112,896 are available from the NYS Health Dept. for the period January 1, 2008 thru March 31, 2012  to provide reimbursement for human rabies post exposure treatment, specimen preparation and shipment, and pet vaccination clinics, AND

 

WHEREAS, funding for January 1, 2008 thru March 31, 2009 will be $39,261, AND

 

WHEREAS, these funds are in the 2008 County Budget, in Expenditure Accounts A40125.54000-54500.4022 and Revenue Account A401243.43450.4002, NOW THEREFORE, BE IT

 

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

 

Agenda No. 6 – Authorize Agreement Cortland County Health Department (Nursing Division) Secure EDI

Motion made by Ms. Tytler; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 6 became

 

Resolution No. 229-08

Authorize Agreement

Cortland County Health Department (Nursing Division)

Secure EDI

 

            WHEREAS, the Cortland County Health Department’s Certified Home Health Agency (CHHA) has been using Secure EDI, an electronic system, to provide claim submission for patients with Fidelis insurance, AND

 

            WHEREAS, in prior years, this system has been provided free of charge, AND

 

            WHEREAS, effective July 1, 2008, Secure EDI will commence charging $45.00 per month for this service, AND

 

            WHEREAS, the new HealthWyse software should be able to be used to bill Fidelis, AND

 

WHEREAS, the Cortland County IT Department is looking at free software that they can adapt to submit claims to Fidelis if necessary, AND

 

            WHEREAS, the CHHA would like to contract for EDI software for the period July 1, 2008, through June 30, 2009 to allow us to keep our billing up to date until another program is implemented, AND

 

WHEREAS, this expense is budgeted in account A40155.54004 (Computer Software), NOW, THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Legislature and Public Health Director, or designee, upon review and approval by the County Attorney, are hereby authorized to execute an agreement with Secure EDI for the Prophit Home Care System.

 

Agenda No. 7 – Award Contract/ Highway Department

Motion made by Mr. McKee; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 7 became

 

Resolution No. 230-08

Award Contract/Highway Department

 

            WHEREAS, the Highway Committee advertised for and received bids for the Installation of a Fire Extinguishing System, AND

 

            WHEREAS, the Highway Committee has recommended the following contractor to provide said Fire Extinguishing System as follows:

 

INSTALLATION OF A FIRE EXTINGUISHING SYSTEM

 

BIDDER                                                                                  BID

 

 Jerome Fire Equipment Co., Inc.                                              $18,900.00

 8721 Caughdenoy Road

 Clay, NY   13041

 

, AND

 

            WHEREAS, the lowest responsible bid received for the Installation of a Fire Extinguishing System was from Jerome Fire Equipment Co., Inc. 8721 Caughdenoy Road, Clay, NY   13041 and charges are to be paid from Account D51105.54077.7306, NOW, THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Cortland County Legislature upon review and approval by the County Attorney as to form, is hereby authorized to execute a Contract with Jerome Fire Equipment Co., Inc., 8721 Caughdenoy Road, Clay, NY   13041

 

Agenda No. 8 – Award Highway Bid – Timber Deck Material for Cheningo Solon Pond Road Bridge Highway Department

Motion made by Mr. McKee; Motion seconded by Mr. Spaulding. 

 

Mr. Willcox asked what an incomplete bid was.  Mr. Schrader replied that is was because a non-collusion certificate did not accompany the bid. 

 

All members voted aye.  Agenda No. 8 became

 

Resolution No. 231-08

Award Highway Bid –

Timber Deck Material for

Cheningo Solon Pond Road Bridge

Highway Department

 

            WHEREAS, the Highway Superintendent advertised for and received bids for Timber Deck Materials for the Cheningo Solon Pond Rd. Bridge, AND

 

            WHEREAS, funds have been allocated in the 2008 Budget for this project, AND

 

            WHEREAS, The Highway Superintendent has received the following bids for Timber Deck Materials for the Cheningo Solon Pond Road Bridge and they are as follows:

 

Timber Deck Materials for the

Cheningo Solon Pond Road Bridge


 

BIDDERS                                                                                BID

 

Tully Building Supply                                                                              $9,564.66     

24 Onondaga Street                                                                

Tully, NY   13159

 

JTS Lumber Co., Inc                                                                            $10,118.76.

185 Main Street                                                                                   (Incomplete Bid)

Cortland, NY   13045

 

Builders Best                                                                                        $11,524.78

3798 Luker Rd.                                                                                    (Incomplete Bid)

Cortland, NY   13045

           

, AND

 

            WHEREAS, the amount is not to exceed $9, 564.66. NOW, THEREFORE, BE IT

 

RESOLVED, that the Cortland County Legislature awards the bid to Tully Building Supply, 25 Onondaga Street, Tully, NY 13159 for the Timber Deck Material for Cheningo Solon Pond Road Bridge, AND BE IT FURTHER

 

RESOLVED, that the project costs be charged to Account D51125.54077.7262.

 

Agenda No. 9 – Authorize Contract/ Highway Department Town of Taylor (Snow and Ice- County Roads)

Motion made by Mr. McKee; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 9 became

 

Resolution No. 232-08

Authorize Contract/Highway Department

Town of Taylor

(Snow and Ice - County Roads)

 

WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND

 

WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND

 

WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Taylor to control snow and ice on 20.39 miles of County roads during the 2008-2009 snow season for the amount of $ 67,287.00, to be paid as follows: One-fourth in November 2008 ($16,821.75), One-fourth in February of 2009 ($16,821.75) and One-half in April of 2009 ($33,643.50) AND, BE IT FURTHER

 

RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, NOW, THEREFORE BE IT

 

            RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Taylor subject to the County Attorney’s review and approval as to form.

 

Agenda No. 10 – Authorize Contract/ Highway Department Town of Cincinnatus (Snow and Ice- County Roads)

Motion made by Mr. McKee; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 10 became

 

Resolution No. 233-08

Authorize Contract/Highway Department

Town of Cincinnatus

(Snow and Ice – County and State Roads)

 

            WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County and State Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND

 

            WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND

 

            WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Cincinnatus to control snow and ice on 4.05 miles of County roads during the 2008-2009 snow season for the amount of $ 13,365.00, to be paid as follows: One-fourth in November 2008 ($3,341.25), One-fourth in February of 2009 ($3,341.25) and One-half in April of 2009 ($6,682.50) NOW, AND

 

            WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for Snow and Ice Control on State Roads, which the County maintains for Snow and Ice removal by separate time and material contract with the State of New York, AND

 

            WHEREAS, the Highway Committee of the Legislature has recommended that the County enter into an agreement with the Town of Cincinnatus to control snow and ice on 8.01 miles of State Roads during the 2008-2009-snow season for an amount not to exceed $38,000.  Payments will be paid upon receipt of actual costs submitted and approved by the County Highway Superintendent, AND, BE IT FURTHER

 

            RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, NOW, THEREFORE BE IT

 

            RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Cincinnatus subject to the County Attorney’s review and approval as to form.

 

Agenda No. 11 – Award Highway Bid- Metal Object Removal Highway Department/ Recycling

Motion made by Mr. McKee; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No.11 became

 

Resolution No. 234-08

Award Highway Bid –

Metal Object Removal

Highway Department/Recycling

 

            WHEREAS, the Highway Committee advertised for and received the bids for Metal Object Removal at the Highway Department and the Landfill Facilities, AND

 

            WHEREAS, The Highway Superintendent has received the following bids for Metal Object Removal and they are as follows:

 

Metal Object Removal

 

BIDDERS                                                                                BID

 

            Contento’s Auto Sales, Inc.                                                      $68.00 p/ton

            119.5 Pendleton Street

            Cortland, NY 13045

 

 , AND

 

            WHEREAS, the highest responsible bid received for the sale of  Metal Object Removal was from Contento’s Auto Sales, Inc. 119.5 Pendleton Street, Cortland, New York 13045, AND

NOW, THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to sign a contract with Contento’s Auto Sales, Inc. 119.5 Pendleton Street, Cortland, New York 13045, for Metal Object Removal at the Highway Department and Landfill Facilities, AND BE IT FURTHER

 

            RESOLVED, that the revenue received from the Metal Object removal shall be deposited in account # E513042.42665 for the Highway Department and Account # EL816042.42130 for the Landfill.

 

Mr. McKee asked the Chairman if he could move to suspend the rules to introduce and consider a resolution not on the agenda.  A second was received from Mr. Troy.  All members voted aye.

 

Resolution- Authorize County Attorney to Proceed with Acquisition of Land under Eminent Domain Procedure Law Highway Department

The resolution was introduced and moved by Mr. McKee; Motion seconded by Mr. Troy.

 

Mr. Loomis inquired if the Miller’s has been notified of the proceeding.  Chairman Daniels stated that they planned to continue negotiations.  He also stated that they had met with Ms. Miller previously, but could not meet with her again, per her request, until the first week of August.  He stated that was the reason it was necessary to put everything in order in case negotiations fail.  He hoped to resolve any issues without using eminent domain.  Mr. Loomis explained that to his understanding Ms. Miller’s concern is the impact of the project on her project, given that he would be voting no.  He encouraged all Legislators to speak with Ms. Miller if they hadn’t done so already.  Mr. Willcox inquired what her project was.  Mr. Loomis responded that it was to build a facility that would be a tourist attraction for Cortland County.  Ms. Arnold asked how possible tourists would feel if the culvert/ road was unsafe to attend the attraction.  Mr. Loomis explained that her concern is that this project would open up for another project that would adversely affect her visual environment.  Ms. Arnold replied that there are other routes to get wind mills into that area.  She added that people in the area want safe roads to drive on.  Mr. Loomis stated he felt the road can be expanded without the use of eminent domain.  He added that the issue revolves around access to the property.  Chairman Daniels stated that he hoped the issues could be resolved without using it.  Mr. Ross inquired what the cost would be to the County tax payers if the project was delayed.  Mr. Schrader stated it would be hard to say.  He informed the Legislature that the contract had been awarded; the pre-cast was ordered and scheduled for delivery on September 1st.  He explained that there are two culverts on the road that are scheduled to have work done to them; work has already been done to the first.  He said that there would be increased costs of mobilization and legal implications, which he would rather have the County Attorney address, from pulling out of a contract for the culvert.  He does foresee an impact on the tax payers.  He stated that the County has made concessions by change order to the pre-cast abutments and wing walls that have been ordered to incorporate a stone-like lattice.  This was done to ensure that a visual impression that the bridge is stone-like instead of poured concrete.  There were also discussions of a covered bridge to cover the culvert to protect the character of the Heritage Park.  Mr. Ross inquired what the cost was for in regards to the change order for the bridge.  Mr. Schrader replied they had incurred $22,000.  Mr. Waldbauer asked what the $22,000 was in regards to the total cost of the project.  Mr. Schrader asked Mr. Chambers to elaborate on the cost.  Mr. Chambers stated that the total cost of the will be roughly $240,000.  Mr. Schrader stated that everything possible had been done not to delay the project.  He explained further that the appraisal and title work had been done.  A survey has been executed in case eminent domain has to be used.  There was a fear at the end of our last meeting with Ms. Miller that we wouldn’t have the resolution in place until the end of August, which would be too late as the pre-cast will be here September 1st.  This is a fall back if an agreement can’t be reached and we need to proceed with eminent domain with title to ensure the project is completed by the time snow flies.  Chairman Daniels explained that there was an agreement in place in regards to the stone façade.  He stated that he thought she had accepted the offer, but it turned out there was some miscommunication after they had already proceeded.  He stated that she had changed her mind.  She has refused surveyors on her property.  There needs to be some give on her part.  Mr. Tagliente called the question. 

 

All members voted aye except for Mr. Dafoe, Mr. Loomis, and Mr. Willcox voted nay.  The motion became

 

Resolution No. 235-08

Authorize County Attorney to Proceed

with Acquisition of Land Under

Eminent Domain Procedure Law

Highway Department

 

            WHEREAS, the County Highway Department is authorized to acquire lands necessary for construction as shown in various project Right of Way Maps by Resolution No. 337-07 for the Replacement of Two Culverts on East River Road, County Road 114, Project Account No. D51125.54077.7264, AND

 

            WHEREAS, the County Highway Department, County Administration and County Attorney, have attempted to acquire certain lands by negotiation to no avail, AND

 

            WHEREAS, the Cortland County Attorney has determined and hereby recommends that it is now in the best interest of the County to acquire certain lands by condemnation under the Eminent Domain Procedure Law (EDPL), NOW, THEREFORE BE IT

 

            RESOLVED, that the County Attorney hereby is authorized to represent the County of Cortland as condemnor under the Eminent Domain Procedure Law (EDPL) for the aforesaid project, AND BE IT FURTHER

 

            RESOLVED that the County Attorney is hereby authorized to file necessary petitions, notices and all other legally required documents pertaining to said condemnation proceedings.

 

Agenda No. 12 – Create Temporary Aging Services Specialist Area Agency on Aging

Motion made by Mr. Spaulding; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 12 became

 

Resolution No. 236-08

Create Temporary Aging Services Specialist

Area Agency on Aging

 

            WHEREAS, the needs of the agency will be better served by creating one temporary, full-time (no benefits) position of Aging Services Specialist, AND

 

            WHEREAS, the Human Services/Budget and Finance Committees recommend the filling of a temporary, full-time(35 hrs/wk, no benefits), competitive class Aging Services Specialist position beginning September 8, 2008 and ending no later than January 16, 2009, NOW, THEREFORE, BE IT

 

            RESOLVED, that the Cortland County Legislature hereby approves the filling of a temporary, full-time(35 hrs/wk, no benefits) Aging Services Specialist position (CSEA grade 15, $16.6240-20.2257, competitive class) beginning September 8, 2008 and ending no later than January 16, 2009, AND BE IT FURTHER

 

            RESOLVED, that the 2008 Cortland County budget be amended as follows:

 

                    Increase:

                        Appropriation:

                                    A67725.51005 4330    Personal Services         $  9,659.00

                                    A67725.58030 4330    FICA                          $     739.00

                                    A67725.58040 4330    Workers Comp           $     398.00

 

                        Revenue:

                                    A6772 4 3772 4330    State Aid                      $10,796.00

 

Agenda No. 13 – Create Food Service Helper Cortland County Area Agency on Aging

Motion made by Mr. Spaulding; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 13 became

 

Resolution No. 237-08

Create Food Service Helper

Cortland County Area Agency on Aging

 

            WHEREAS, the Personnel/Civil Service Office has classified one (1) new position of Food Service Helper, 16 hours per week, no benefits, AND

 

            WHEREAS, the Human Services/Budget & Finance Committees recommend the creation of one (1) part-time Food Service Helper, 16 hours per week, no benefits, NOW, THEREFORE BE IT

 

            RESOLVED, that the Cortland County Legislature hereby approves the creation of one (1) part-time (16 hours per week, no benefits) Food Service Helper (grade 2, $10.6288-12.9316, labor class) on or after July 24, 2008, AND BE IT FURTHER

 

            RESOLVED, that the 2008 Cortland County budget be amended as follows:

 

                         Increase:       

                                    Appropriation:

                                                A67745.51010 4341