MAY 8, 2014 1 A Public Hearing to solicit public input regarding the potential for environmental impacts related to adoption of the draft Ontario County Solid Waste Management Plan, was reconvened in the Supervisors’ Session Room located in the Ontario County Court House, Canandaigua, New York, on Thursday, May 8, 2014, at 6:30 P.M.
Mr. John F. Marren, Chairman of the Board of Supervisors, presided.
The following individuals spoke:
Mr. Douglas Knipple spoke regarding environmental concerns relative to the Ontario County Landfill. His written comments are on file with the Clerk of the Board.
Mr. Sam Bonney spoke regarding environmental concerns relative to the Ontario County Landfill. Written comments and reports are on file with the Clerk of the Board.
Mrs. Eileen Buckley spoke regarding her concern with the Canandaigua Outlet waters, and the leachate that is put into the outlet by the Canandaigua Water Treatment Plant. Mrs. Buckley discussed the impacts of this process to the white water rafting event, and questioned whether the White Water Rafting Association has knowledge of the leachate that is going into the Canandaigua Outlet. Mrs. Buckley provided a statistic from 2013 which stated that more than 10 million gallons of leachate entered the outlet from the Canandaigua Water Treatment Plan. Aware that filters exist at the plant to remove toxins, she questioned the effectiveness of the filters. Mrs. Buckley commented that she felt the landfill hurts tourism and the health of county residents. She went on to encourage all supervisors whose towns border the outlet to take water samples of the water in their communities and have it tested. Mrs. Buckley concluded by offering her view that the 10-year solid waste plan, as presented, is not adequate and that the county needs to get ahead of the curve rather than stay behind the curve.
The public hearing was closed at 6:46 p.m.
The second public hearing on Local Law No. 1 (Intro.) of 2014 entitled “A Local Law Pursuant to Chapter 97-2011 of the Laws of NYS and Section 3-c of the GML Overriding Tax Levy Limit for Fiscal Year 2015”, was held in the Supervisors’ Session Room located in the Ontario County Court House, Canandaigua, New York, on Thursday, May 8, 2014.
Mr. John F. Marren, Chairman of the Board of Supervisors, presided.
As no one wished to speak, the public hearing was closed at 6:47 p.m.
The regular meeting of the Ontario County Board of Supervisors was called to order at 6:48 p.m. with Chairman Marren presiding.
Upon roll call, all Members of the Board were present, with the exception of Mr. John Cowley. Supervisor Cowley was declared necessarily absent.
The Pledge of Allegiance was led by Mr. Ralph Angelo.
Minutes of the preceding session were approved without being read by motion of Mr. Fafinski, seconded by Mr. Baker, and carried.
Supervisor Lightfoote requested Privilege of the Floor for Soil & Water Conservation District Director PJ Emerick and Chairman of the Board of Directors, Samuel J. Casella. Mr. Emerick wished to take the opportunity to recognize Supervisor John T. Sheppard for his service to the Ontario County Soil & Water Conservation District (OCSWD). Mr.
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Emerick pointed out that Mr. Sheppard has been a great asset to the OCSWD and has done much good for the natural resources here in Ontario County. He has served on the Soil & Water Conservation District Board for many years; has been instrumental on several committees; traveled across New York State with Mr. Emerick, and other board members; and has provided suggestions and ideas for other Soil & Water Districts across the state. Mr. Sheppard has been instrumental in assisting the district in saving a significant amount of money by working with the IT department and recommending new software and a fiber optic connection that is ideal for the type of work the district does with maps and other documents that are provided to constituents, and other agencies as well. Mr. Emerick presented Mr. Sheppard with a plaque from the Ontario County Soil & Water District, and staff members, acknowledging the substantial efforts of Supervisor Sheppard in supporting the OCSWD and protecting and enhancing the outstanding resources here in Ontario County.
Mr. Sam Casella, OCSWD Board of Directors Chairman, recognized Mr. P.J. Emerick for his leadership at the OCSWD. Mr. Casella pointed out that the state acknowledges that the OCSWD is one of the leading soil and water districts in the state, and Mr. Casella felt that this is due to the work of the Board of Directors, but mostly the work of Mr. Emerick. Mr. Emerick is recognized and considered a leader in soil and water districts at the state level, and other districts look to him among the leadership core in the state. A round of applause was offered to Mr. PJ Emerick.
Chairman Marren granted Privilege of the Floor for Mr. Adem Adem of MV Transportation, regarding the CATS bus system. Mr. Adem assured the Board that no matter what the vote is going to be concerning the county’s transportation, MV Transportation will extend its full cooperation. Mr. Adem stressed that the proposal made to the county is very clear and MV Transportation will bear all the costs over the next twelve months without any additional cost to the county while the issues are sorted out with the Medicaid transportation. Mr. Adem reminded the Board that MV Transportation has been recognized for two years in a row for the Rural Transportation of the Year Award. MV Transportation is an American company that is financially sound and committed to taking the risk for the county over the next twelve months.
Supervisor Evangelista requested Privilege of the Floor for Mr. Douglas Knipple. Mr. Knipple stated that he wished to read an email from a member of the Finger Lakes Coalition who was not able to make the meeting this evening. The email contained recommendations and/or suggestions for the environmental impacts of the landfill and any potential deficiencies in the 10-year Solid Waste management Plan. This email was placed under communications in the Office of the Clerk of this Board.
The Clerk presented copies received of minutes of meetings held as follows: a. Governmental Operations & Improved Methods Committee held March 18, 2014. b. Human Services Committee held March 20, 2014. c. Cornell Cooperative Extension Board of Directors held March 24, 2014. d. Public Works Committee held April 7, 2014. e. Health & Medical Services Committee held April 9, 2014. f. Personnel Committee held April 9, 2014. g. New York State Fish & Wildlife Management Act Board held January 9, 2014. h. Finger Lakes Community College Board of Trustees meeting held April 2, 2014. FILED.
The Clerk presented letter recognizing on-time 2014-2015 New York State budget received from Governor Andrew Cuomo. FILED.
The Clerk presented acknowledgement of Resolution No. 138-2014 received from Assemblyman Minority Leader Brian Kolb. FILED.
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The Clerk presented letter acknowledging award of Emergency Management Performance Grant, FY 2014, received from New York State Division of Homeland Security and Emergency Services. FILED.
The Clerk presented notice of stakeholder meetings regarding Risk Mapping, Assessment, and Planning project for the Finger Lakes Watershed received from New York State Department of Environmental Conservation. FILED.
The Clerk presented Fact Sheet regarding Canandaigua Brownfield Cleanup Program received from New York State Department of Environmental Conservation. FILED.
The Clerk presented resolutions received from the following counties: a. Chenango, No. 89-14P, Denying permission to use County Seal for SAFE Act Correspondence. b. Fulton, No. 127, Urging NYS to establish a residency waiting period to qualify for welfare benefits. c. Fulton, No. 141, Opposing Assembly Bill A689-1 Mandating early voting in NYS. d. Greene, No. 101-14, Rejecting Governors plans to reward prison inmates with college educations. e. Greene, No. 102-14, Offering an alternative to property tax freeze that will lead to property tax reductions by eliminating cost of state mandated spending imposed on county property taxpayers. FILED.
The Clerk presented Local Law No. 2 Intro. of 2014 entitled ‘The Ontario County Room Occupancy Tax Law’. FILED.
COUNTY OF ONTARIO LOCAL LAW NO. 2 (INTRO) OF 2014
“A LOCAL LAW THE ONTARIO COUNTY ROOM OCCUPANCY TAX LAW”
Be it enacted by the Board of the Supervisors of Ontario County as follows:
Ontario County Room Occupancy Tax Law Section 1. Short Title 2. Statement of Intent 3. Definitions 4. Imposition of Tax 5. Transitional Provisions 6. Exempt Organizations 7. Territorial Limitations 8. Registration 9. Administration and Collection 10. Records to be Kept 11. Returns 12. Payment of Tax 13. Determination of Tax 14. Refunds 15. Reserves 16. Disposition of Revenues 17. Remedies Exclusive 18. Proceedings to Recover Tax 19. General Powers of the Treasurer
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20. Administration of Oaths and Compelling Testimony 21. Reference to Tax 22. Penalties and Interest 23. Returns to be Secret 24. Notices and Limitations of Time 25. Separability 26. Limitations of Effect of Local Law 27. Effective Date
Section 1. Short Title
This local law shall be known as the “Ontario County Room Occupancy Tax Law”.
Section 2. Statement of Intent
The intent of this local law shall be to impose a tax on facilities providing lodging on an overnight basis and provide for the collection thereof in order to make funds available for the official tourism promotion agency as designated by the County.
Section 3. Definitions
When used in this local law, the following terms shall mean:
(a) County. Ontario County, New York.
(b) County Treasurer. The Ontario County Treasurer, or such other fiscal officer(s) of Ontario County.
(c) County Legislature. The legislature of the County of Ontario.
(d)Hotel or Motel. Any facility providing lodging on an overnight basis, and shall include those facilities designated and commonly known as “bed and breakfast” and “tourist” facilities.
(e) Occupancy. The use or possession, or the right to the use or possession of any room in a hotel or motel.
(f) Occupant. A person who, for a charge or any consideration uses, possesses, or has the right to use or possess, any room in a hotel or motel under any lease, concession, permit, right, license, agreement, or otherwise.
(g) Operator. Any person operating a hotel or motel in Ontario County including but not limited to the owner, proprietor, lessee, sub-lessee, mortgagee in possession, licensee, or any other person otherwise operating such hotel or motel.
(h) Permanent Resident. Any person occupying any room or rooms in a hotel or motel for at least 30 consecutive days.
(i) Person. An individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing.
(j) Rent. The charge and/or consideration received for occupancy valued in money, whether received money, or otherwise.
MAY 8, 2014 5 (k) Return. Any return filed or required to be filed as herein provided.
(l) Room. Any room or rooms of any kind in any part or portion of a hotel or motel, which is available for, rented or otherwise let out for the lodging of guests.
(m) State. The State of New York.
Section 4. Imposition of Tax
Effective September 1, 2014, there is hereby imposed and there shall be paid a tax of three percent (3%) of the per diem rental rate upon the rent for each room or rooms in a hotel or motel located within the County, except that such tax shall not be applicable to a permanent resident of a hotel or motel, or to a facility having three (3) rentable units or less.
Section 5. Transitional Provisions
The tax imposed by this local law shall be paid upon any occupancy on or after September 1, 2014, although such occupancy is pursuant to a prior contract, lease or other arrangement. Where rent is paid on a weekly or other term basis, the rent shall be subject to the tax imposed by this local law to the extent that it covers any period on or after September 1, 2014.
Section 6. Exempt Organizations
Except as otherwise provided in this section, any use or occupancy by any of the following shall not be subject to the tax imposed by this local law:
(a) The State of New York, or any public corporation (including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada), improvement district or other political subdivision of the State;
(b) The United States of America, insofar as it is immune from taxation;
(c) Any corporation or association, or trust, or community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, or for the prevention of cruelty to children or animals, and no part of the net earnings of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; provided, however, that nothing in this paragraph shall include an organization operated for the primary purpose of carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this paragraph.
Section 7. Territorial Limitations
The tax imposed by this local law shall apply only within the territorial limits of Ontario County.
Section 8. Registration
Within ten (10) days after the effective date of this local law, or in the case of operators commencing business after such effective date, within three (3) days after such commencement or opening, every operator shall file with the Treasurer a registration application in a form prescribed by the Treasurer.
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Section 9. Administration and Collection
(a) The tax imposed by this local law shall be administered and collected by the Treasurer, or other fiscal officers of Ontario County, by such means and in such manner as other taxes which are now collected and administered by such officers or as otherwise may be provided by such local law.
(b) The tax to be collected shall be stated and charged separately from the rent and shown separately on any record thereof, at the time when the occupancy is arranged or contracted for and charged for, and upon every evidence of occupancy or any bill or statement of charge made for said occupancy issued or delivered by the operator. The tax shall be paid by the occupant to the operator or to the person entitled to be paid the rent or charge for the hotel or motel occupied for and on account of the County, and the operator or person entitled to be paid the rent or charge shall be liable for the collection and payment of the tax.
(c) The operator or any officer of any corporate operator shall be personally liable for the tax collected or required to be collected under this local law, and that such operator or person entitled to be paid the rent or charge shall have the same right in respect to collecting the tax from the occupant, or in respect to non-payment of the tax by the occupant, as if the tax were a part of the rent or charge and payable at the same time as the rent or charge; provided, however, that the Treasurer or other fiscal officers, employees or agents specified in this local law, shall be joined as a party in any action or proceeding brought to collect the tax by the operator or by the person entitled to be paid the rent or charge.
(d) The Treasurer may, whenever deemed necessary for the proper enforcement of this local law, provide that the occupant shall file returns and pay directly to the Treasurer, the tax herein imposed.
(e) For the purpose of the proper administration of this local law and to prevent evasion of the tax hereby imposed, it shall be presumed that all rents are subject to tax until the contrary is established, and the burden of proving that a rent for occupancy is not taxable hereunder shall be upon the operator, except that, where by regulation pursuant to subdivision (d) of this section, an occupant is required to file returns and pay directly to the Treasurer the tax herein imposed, the burden of proving that a rent for occupancy is not taxable shall be upon the occupant.
(f) Where an occupant claims exemption from the tax under the provisions of section six of this local law, the rent shall be deemed taxable hereunder unless the operator shall receive from the occupant claiming such exemption a certificate duly executed by an exempt corporation or association certifying that the occupant is its agent, representative, or employee, together with a certificate executed by the occupant that his occupancy is paid or to be paid by such exempt corporation or association, and is necessary or required in the course of or in connection with the occupant’s duties as a representative of such corporation or association. Where deemed necessary, the operator may further require that any occupant claiming exemption
MAY 8, 2014 7 from the tax furnish a copy of a certificate issued by the Treasurer certifying that the corporation or association therein named is exempt from the tax under section six of this local law.
Section 10. Records to be Kept
Every operator shall keep records of every occupancy and of all rent paid, charged and due thereon and of the tax payable thereon, in such form as the Treasurer may require. Such records shall be available for inspection and examination at any time upon demand by the Treasurer or the Treasurer’s duly authorized agents or employees, and shall be preserved for a period of not less than three (3) years, except that the Treasurer may consent in writing to their destruction within that period or may in writing require that such records be kept and maintained for a specified period in excess of three (3) years.
Section 11. Returns
(a) Every operator shall file with the Treasurer a return of occupancy and of rents, and of the taxes payable thereon for the quarterly periods ending February 28, May 31, August 31 and November 30 of each year on or after September 1, 2014. Such returns shall be filed within twenty (20) days from the expiration of the period covered thereby. The Treasurer may permit or require returns to be made by other periods and upon such dates as may be specified. If the Treasurer deems it necessary in order to insure the payment of the tax imposed by this local law, the Treasurer may require returns to be made for shorter periods than those prescribed pursuant to the foregoing provisions of this section and upon such dates as may be specified.
(b) The forms of returns shall be prescribed by the Treasurer and shall contain such information as may be deemed for the proper administration of this local law. The Treasurer may require amended returns to be filed within twenty (20) days after notice and to contain the information specified in the notice.
(c) If the return required by this local law is not filed, or a return filed is incorrect or insufficient on its face, the Treasurer shall take the necessary steps to enforce the filing of such return or of a corrected return.
Section 12. Payment of Tax
(a) Upon the time of filing a return of occupancy and of rents, each operator shall pay to the Treasurer the taxes imposed by this local law upon the rents required to be included in such return, as well as other monies collected by the operator acting or purporting to act under the provisions of this local law.
(b) Where the Treasurer, in his discretion, deems it necessary to protect revenues to be obtained under this local law, the Treasurer may require any operator obligated to collect the tax imposed by this local law to file with the Treasurer’s office a bond, issued by a surety company authorized to transact business in this state and approved by the superintendent of insurance of this state as solvency and responsibility, in such amount as the Treasurer may fix to secure the payment of any tax and/or penalties and interest due or which may become due from such operator.
(c) In the event the Treasurer determines that an operator is to file such bond, notice shall be given by the Treasurer to such operator to that effect specifying the amount of the bond required.
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(d) The operator shall file such bond within five (5) days after the issuance of such notice, unless within five (5), days the operator shall serve upon and deliver to the Treasurer a written request for a hearing before the Treasurer at which the necessity, propriety and amount of the bond shall be determined by the Treasurer. Any determination by the Treasurer upon such hearing shall be final and shall be complied with by the operator within fifteen (15) days after the giving of notices thereof.
(e) In lieu of such bond, securities approved by the Treasurer or cash in such amount as may be prescribed, may be deposited which shall be kept in the custody of the Treasurer who may at any time without notice of the depositor apply them to any tax and interest and penalties due, and for that purpose the securities may be sold by the Treasurer at public or private sale without notice to the depositor thereof.
Section 13. Determination of Tax
If a return required by this local law is not filed, or if a return is incorrect or insufficient, the amount of tax due shall be determined by the Treasurer from such information as may be obtainable and, if necessary, the tax may be estimated on the basis of external indices, such as number of rooms, location, scale of rents, comparable rents, type of accommodations and service, number of employees and/or other factors. Notice of such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within thirty (30) days after giving of such notice of such determination, shall apply to the Treasurer for a hearing, or unless the Treasurer of its own motion shall re-determine the same. After such hearing, the Treasurer shall give notice of the determination made to the person against whom the tax is assessed. Any final determination of the amount of any tax payable hereunder, shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under article seventy-eight of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within thirty (30) days after the giving of the notice of such final determination, provided, however, that any such proceeding under article seventy- eight of the Civil Practice Law and Rules shall not be instituted unless:
(a) The amount of tax sought to be reviewed, with such interest and penalties thereon as may be provided for by local law or regulation shall be first deposited and there is filed an undertaking, issued by a surety company authorized to transact business in this state and approved by the superintendent of insurance of this state as to solvency and responsibility, in such amount as a justice of the Supreme court shall approve to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding; or
(b) At the option of the petitioner, such undertaking may be in a sum sufficient to cover the taxes, interests, and penalties stated in such determination plus the costs and charges which may accrue against such petitioner in the prosecution of the proceeding, in which event the petitioner shall not be required to pay such taxes, interests or penalties as a condition precedent to the application.
Section 14. Refunds
(a) In the manner provided in this section, the Treasurer shall refund or credit, without interest, any tax, penalty or interest erroneously, illegally or unconstitutionally collected or paid if application to the Treasurer for such refund shall be made within one year of payment thereof. Whenever a refund is made by the Treasurer, the reason therefor shall be stated in writing. Such application may be made by the occupant, operator, or other person who has actually paid the tax. Such application may also be made by an operator who has collected and paid over such tax to the Treasurer provided the application is made within one year of the payment by the occupant to the operator, but no actual
MAY 8, 2014 9 refund of money shall be paid to such operator until it is first established to the satisfaction of the Treasurer, under such regulations as the Treasurer may prescribe, that the Treasurer has repaid to the occupant the amount for which the application for refund is made. The Treasurer may in lieu of any refund required to be made, allow credit therefor on payments due from the applicant.
(b) Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally collected and application for the refund thereof duly made to the proper fiscal officer or officers, and such officer or officers shall have made a determination denying such refund, such determination shall be reviewable by a proceeding under article seventy-eight of the Civil Practice Law and Rules, provided, however, that such proceeding is instituted within thirty (30) days after the giving of the notice of such denial, that final determination of the tax due was not previously made, and that an undertaking is filed with the proper fiscal officer or officers in such amount and with such sureties as a justice of the Supreme Court shall approve to the effect that if such proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.
Section 15. Reserves
In cases where the occupant or operator has applied for a refund and has instituted a proceeding under article seventy-eight of the Civil Practice Law and Rules to review a determination adverse to such occupant or operator on such application for a refund, the Treasurer shall set aside sufficient monies to meet any decision adverse to the County.
Section 16. Disposition of Revenues
All revenues resulting from the imposition of the tax under this local law shall be paid into the Treasury of Ontario County and shall be credited to and deposited in the general fund of the County and shall be available thereafter for the promotion of tourism and tourist attractions in Ontario County and that not more than five percent (5%) of such revenue shall be used for the cost of administering such tax. Such promotion may be carried out by an appropriate organization or organizations as designated by the Ontario County Board of Supervisors.
Section 17. Remedies Exclusive
The remedies provided by sections thirteen (13) and fourteen (14) of this local law shall be the exclusive remedies available to any person for the review of the tax liability imposed by this local law; and no determination or proposed determination of tax or determination on any application for refund or credit shall be enjoined, contested or reviewed by any action or proceeding, except by a proceeding under article seventy-eight of the Civil Practice Law and Rules provided, however, that a taxpayer may proceed by declaratory judgment if suit is instituted within thirty (30) days after a deficiency assessment to the Treasurer prior to the institution of such suit and posts a bond for costs pursuant to section thirteen (13) of this local law.
Section 18. Proceedings to Recover Tax
(a) Whenever any operator or other person shall fail to collect and pay over any tax and/or to pay any tax, penalty or interest imposed by this local law as herein provided, or whenever any occupant shall fail to pay any such tax, penalty or interest, the County Attorney shall, upon the request of the County Treasurer bring or cause to be brought an action to enforce the payment of the same on behalf of Ontario County in any court of the State of New York or of any other state or of the United States.
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(b) Notwithstanding any other provision of this section, if the Treasurer, in its discretion, believes that any such operator, occupant or other person is about to cease business, leave the state or remove or dissipate the assets out of which the tax or penalties might be satisfied, and that any such tax or penalty will not be paid when due, the Treasurer may declare such tax or penalty to be immediately due and payable and may issue a warrant, as provided in this section, immediately.
(c) As an additional alternate remedy, the Treasurer may issue a warrant, directed to the Ontario County Sheriff or to the Sheriff of any other county commanding said Sheriff to levy upon and sell the real and personal property of the operator, occupant, or other person liable for the tax, which may be found within the County for the payment of the amount thereof, with any penalties and interest and the cost of executing the warrant, and to return such warrant to the Treasurer and to pay to the Treasurer the money collected by virtue thereof within sixty (60) days after the receipt of such warrant. The sheriff shall, within five (5) days after the receipt of the warrant, file with the County Clerk a copy thereof, and thereupon such Clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of tax, penalties and interest for which the warrant is issued and the date when such copy is filed. Thereupon the amount of such warrant so docketed shall become a lien upon the interest in real and personal property of the person against whom the warrant is issued. The Sheriff shall then proceed upon the warrant, in the same manner, and with like effect, as that provided by in respect to executions issued against property judgments of a court of record and for services in executing the warrant the Sheriff shall be entitled to the same fees, which may be collected in the same manner. In the discretion of the Treasurer, a warrant of like terms, force and effect may be issued and directed to any officer or employee of the Treasurer and in the execution thereof such officer or employee shall have all the powers conferred upon by the Sheriff, but shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. If a warrant is returned not satisfied in full, the Treasurer may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if the County has recovered judgment therefor and execution thereon has been returned unsatisfied.
(d) Whenever an operator shall make a sale, transfer, or assignment in bulk of any part of the whole of a hotel, motel, or lease, or of such operator’s business assets, otherwise than in the ordinary course of business, the purchaser, transferee or assignee shall at least ten (10) days before taking possession of the subject of the said sale, transfer or assignment, or paying therefor, notify the Treasurer by registered mail of the proposed sale and of the price, terms and conditions thereof whether or not the seller, transferor or assignor, has represented to or informed the purchaser, transferee or assignee that any tax is owed pursuant to this local law, and whether or not the purchaser, transferee or assignee has knowledge that such taxes are owing, and whether any such taxes are in fact owing.
(e) Whenever the purchaser, transferee or assignee shall fail to give notice to the Treasurer as required by sub-section eighteen (18) (d), of this section or whenever the Treasurer shall inform the purchaser, transferee, or assignee that a possible claim for such tax or taxes exists, any sums of money, property or choses in action, or other consideration, which the purchaser, transferee or assignee is required to transfer over to the seller, transferor or assignor shall be subject to a first priority right and lien of any such taxes theretofore or thereafter determined to be due the seller, transferor or assignor to the County, and the purchaser, transferee or assignee is forbidden to transfer to the seller, transferor or assignor any such sums of money, property or choses in action to the extent of the amount of the County’s claim. For failure to comply with the provisions of this sub-section, the purchaser, transferee or assignee, in addition to being subject to the liabilities and remedies imposed under the provisions of article six of the Uniform Commercial Code, shall be personally liable for the payment determined to be due to the
MAY 8, 2014 11 county from the seller, transferor or assignor, and such liability may be assessed and enforced in the same manner as the liability for tax under this local law.
Section 19. General Powers of the Treasurer
In addition to the powers granted to the Treasurer by County Law and this local law, the Treasurer is hereby authorized and empowered:
(a) To make, adopt and amend rules and regulations, and to issue orders, appropriate to the carrying out of this local law and the purposes thereof;
(b) To extend for cause shown the time of filing any return for a period not exceeding thirty (30) days; and for cause shown, to remit or waive penalties but not interest; and to compromise disputed claims in connection with the taxes hereby imposed.
(c) To request information from the tax commissioner of the State of New York or the treasury department of the United States relative to any person; and to afford information to such tax commissioner or such treasury department relative to any person, any other provision of this local law to the contrary not withstanding
(d) To delegate said functions hereunder to any employee or employees of the County Treasurer
(e) To prescribe methods for determining the rents for occupancy and to determine the taxable and non-taxable rents
(f) To require any operator within the County to keep detailed records of the nature and type of hotel or motel maintained, nature and type of service rendered, the rooms available and rooms occupied daily, leases or occupancy contracts or arrangements, rents received, charged and accrued, the names and addresses of the occupants, whether or not any occupancy is claimed to be subject to the tax imposed by this local law, and to furnish such information upon request to the County Treasurer
(g) To assess, determine, revise and readjust the taxes imposed under this local law
Section 20. Administration of Oaths and Compelling Testimony
(a) The Treasurer, or the Treasurer’s duly designated and authorized employees or agents, shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the Treasurer’s powers and duties under this local law.
(b) The Treasurer shall have the power to subpoena and require the attendance of witnesses and the production of books, papers, and documents to secure information pertinent to the performance of his duties hereunder and of the enforcement of this local law, and to examine them in relation thereto, and to issue commissions for the examination of witnesses who are out of the state or unable to attend before the Treasurer or excused from attendance.
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(c) A justice of the Supreme Court, either in court or at chambers shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and documents called for by the subpoena of the Treasurer under this local law.
(d) Any person who shall refuse to testify or to produce books or records or who shall testify falsely in any material matter pending before the Treasurer under this local law shall be guilty of a misdemeanor, punishment for which shall be a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both such fine and imprisonment.
(e) The officers who serve the summons or subpoena of the Treasurer and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts or record, except as herein otherwise provided.
(f) The County Sheriff, the Sheriff’s duly appointed deputies, and any officer or employee of the Treasurer designated to serve process under this local law, are hereby authorized and empowered to serve any summons, subpoena, order, notice, document, instrument, or other process to enforce or carry out this local law.
Section 21. Reference to Tax
Wherever reference is made in placards or advertisements or in any other publications to this tax such reference shall be substantially in the following form: “Tax on occupancy of hotel or motel rooms”; except that in any bill, receipt, statement or other evidence of memorandum of occupancy or rent charge issued or employed by the operator, the word “tax” will suffice.
Section 22. Penalties and Interest
(a) Any person failing to file a return or to pay over any tax to the Treasurer within the time required by this local law shall be subject to a penalty of five percent (5%) of the amount of the tax due. In addition to the aforementioned penalty, interest at the rate of one percent (1%) of such tax for each month of delay, excepting the first month after such return was required to be filed or such tax became due, shall accrue. The Treasurer, if satisfied the delay was excusable, may remit or waive all or any part of the penalty, but not the interest owed. Such penalties and interest shall be paid and disposed of in the same manner as other revenues from this local law. Unpaid penalties and interest may be enforced in the same manner as the tax imposed by this local law.
(b) Any operator or occupant and any officer of a corporate operator or occupant failing to file a return required by this local law, or filing or causing to be filed, or making or causing to be made or giving or causing to be given any return, certificate affidavit, representation, information, testimony, or statement required or authorized by this local law, which is willfully false, and any operator and any officer of a corporate operator willfully failing to file a bond required pursuant to section thirteen (13) of this local law, failing to file a registration certificate and such data in connection therewith as the Treasurer may by regulation or otherwise require or to display or surrender the certificate of authority as required by this local law or assigning or transferring such certificate of authority and any operator and any officer of a corporate operator willfully failing to charge separately from the rent the tax herein imposed, or willfully failing to state such tax or any evidence of occupancy and on any bill or statement or receipt or rent issued or
MAY 8, 2014 13 employed by the operator, or willfully failing or refusing to collect such tax from the occupant, and any operator and any officer of a corporate operator who shall refer or cause reference to be made to this tax in a form or manner other than that required by this local law, and any operator failing to keep the records required by section ten (10) of this local law, shall in addition to the penalties herein or elsewhere prescribed, be guilty of a misdemeanor, punishment for which shall be a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both such fine and imprisonment. Officers of a corporate operator shall be personally liable for the tax collected or required to be collected by such corporation under this local law, and subject to the penalty herein above imposed.
(c) The certificate of the Treasurer to the effect that a tax has not been paid, that a return, bond or registration certificate has not been filed, or that information has not been supplied pursuant to the provisions of this local law, shall be presumptive evidence thereof.
Section 23. Returns to be Secret
(a) Except in accordance with proper judicial order, or as otherwise provided by law, it shall be unlawful for the Treasurer or any officer or employee of the Treasurer to divulge or make known in any manner the rents or other information relating to the business of the taxpayer contained in any return required under this local law. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in any court, except on behalf of the Treasurer in an action or proceeding under the provisions of this local law or on behalf of any party to any action or proceeding under this local law when the returns or facts shown thereby are directly involved in such action or proceeding, in either of which events the court may require the production of, and may admit in evidence, so much of said returns or of the facts shown thereby, as are pertinent to the action or proceeding and no more. Nothing herein shall be construed to prohibit the delivery to a taxpayer or his duly authorized representative or a certified copy of any return filed in connection with his tax nor to prohibit the publication of statistics so classified as to prevent the identification of particular returns and the items thereof, or the inspection by the County Attorney or other legal representatives of the County of the return of any taxpayer who shall bring action to set aside or review the tax based thereon, or against whom an action or proceeding has been instituted for the collection of a tax or penalty. Returns shall be preserved for three (3) years and thereafter until the Treasurer permits them to be destroyed.
(b) Any violation of this section shall be punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding one year, or both, in the discretion of the court, and if the offender be an officer or employee of the County such officer or employee shall be dismissed from office and be incapable of holding any public office for a period of five (5) years thereafter.
Section 24. Notices and Limitations of Time
(a) Any notice authorized or required under the provisions of this local law may be given by mailing the same to the person for whom it is intended in a post-paid envelope addressed to such person at the address given in the last return filed by him pursuant to the provisions of this local law, or in any application made by him, or if no return has been filed or application made, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom it is addressed. Any period of time which is determined according to the provisions of the
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local law giving of notice shall commence to run from the date of such notice.
(b) The provisions of the Civil Practice Law and Rules or any other law relative to limitations of time for the enforcement of a civil remedy shall not apply to any proceeding or action taken by the County to levy, appraise, assess, determine or enforce the collection of any tax penalty provided by this local law. However, except in the case of a willfully false or fraudulent return with the intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three (3) years from the date of the filing of a return, provided, however, that where no return has been filed as provided by law the tax may be assessed at any time.
(c) Where, before the expiration of the period described herein for the assessment of an additional tax, a taxpayer has consented in writing that such period be extended, the amount of such additional tax due may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents in writing made before the expiration of the extended period.
Section 25. Separability
If any provision of this local law or the application thereof to any person or circumstance shall be held invalid, the remainder of this local law and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 26. Limitation of Effect of Local Law
This local law shall remain in full force and effect for a period of three (3) years from the date of enactment by the Board of Supervisors; except nothing shall prohibit or prevent the adoption and enactment of subsequent local laws continuing or imposing the tax authorized hereby after the expiration of this local law.
Section 27. Effective Date
This local law shall take effect September 1, 2014. FILED.
The Clerk presented Corrections of Errors on four properties received from Ontario County Treasurer. FILED.
The Clerk presented Pre-Auction Bidder Information for Tax Foreclosed Real Property, to be conducted by Auctions International, Inc., received from Ontario County Treasurer. FILED.
The Clerk presented Newsletter received from Tobacco Action Coalition of the Finger Lakes. FILED.
The Clerk presented letter dated May 5, 2014, from John T. Hicks regarding selection of college trustees. FILED.
The Clerk presented Notice of Obligational Authority approving Local Workforce Investment Areas request for additional funds to support the provision of services under the Trade Adjustment Assistance Program, Tech Advisory 04-6, received from the NYS Department of Labor, dated April 30, 2014. FILED.
MAY 8, 2014 15
The Clerk presented Notice of Obligational Authority providing Local Workforce Investment Act funding for H1-B Advanced Manufacturing grant, received from the NYS Department of Labor, dated April 30, 2014. FILED.
The Clerk presented email correspondence regarding air monitoring at the Ontario County Landfill received from Robert “Ken” Camera. FILED.
Mr. Robert Green reported that the special committee to select a conflict defender has concluded its search and will be presenting a resolution at the next Board meeting. They are recommending the position to Ms. Andrea Schoeneman.
Mr. Charlie Evangelista reported that the special search committee for filling two position on the Finger Lakes Community College Board of Trustees. The work they did was very thorough, with excellent applicants, and later tonight will be offering the recommendations of two FLCC Trustees. He concluded by thanking all of the candidates who applied and members of the search committee for the time they put into this search.
Mr. Lightfoote, Chairman of the Planning & Research Committee, reminded supervisors to check and make sure they are on schedule with the All Hazard Mitigation Plan. The Director of the Ontario County Planning Department, Mr. Tom Harvey, has indicated that a few more workshops will be held, and if any of the towns have not participated they may contact the Planning Department for further information. Mr. Harvey added that this plan must be done by the end of the year.
Unanimous approval was given to Mr. Baker’s request to take the resolutions under “Unfinished Business” out of order.
Mr. Baker made the motion to call up Resolution No. 207-2014, entitled, “Authorizing Submission of a Permit Application to Renew the Existing Part 360 Permit for the Ontario County Landfill”, which was laid over at the last Board meeting.
Mr. Baker made the motion, seconded by Mr. Evangelista, to amend Resolution No. 207-2014 by changing the date in the third “WHEREAS” paragraph from January 15, 2015 to January 20, 2015.
The foregoing amendment was adopted.
At this time, Mr. Venuti made the motion to table Resolution No. 207-2014, seconded by Mr. Vedora.
Mr. Venuti explained that he is on the Environmental Quality Committee and there are a number of things that are going on and he felt that these issues need to be resolved before the aforementioned resolution is adopted. Mr. Venuti commented that he believes that there are performance issues with the operator, in particular, having to do with the odors. He felt that the county is in the midst of negotiating how those issues will be taken care of. Secondly, as many of you know, with the expansion, the lease provides for additional payments to the county, and the operator has taken a position which he felt is contrary to the contract. Mr. Venuti believes that needs to be resolved as well. Although the county does have an obligation to cooperate with the operator, at the same token, the operator has a responsibility to follow the contract. Although this involves payments being made to the county, it also requires that the landfill be in good working order, and Mr. Venuti did not feel that that has been happening lately. Mr. Venuti stated his position is that another delay is needed to press the operator to resolve such issues as the
16 REGULAR MEETING payments, odor and any other issue that may come up. If the resolution is adopted, he felt that the county will lose its leverage with Casella Waste Management.
Mr. Baker commented that Ontario County has a history of having a good working relationship with the operator at the landfill. The county has negotiated with Casella Waste Management on several matters without leveraging. In his opinion, using “leverage” weakens the county’s position of having an open dialogue with Casella as has been the custom. Mr. Baker respectfully disagreed with Mr. Venuti’s comment and asked the Board member to consider voting on Resolution No. 207-2014 this evening.
Mr. Sheppard commented that the resolution is the most benign resolution that has been presented to the Board this year. He stated that the 360 permit was granted 10 years ago, and the aforementioned resolution extends the requirements of that permit. Mr. Sheppard commented that the resolution clearly states that there will be “no changes from the existing permit terms for an additional 10 years”, and “no modifications” are being made. Mr. Sheppard emphasized that the county, and the town of Seneca as a third-party, is obligated under contract to keep that permit current under the OML until 2028. That obligation is significant. If we delay or purposely cause a curtailment in operations, we are liable for that loss of revenue. Mr. Sheppard indicated that he would not support tabling the aforementioned resolution.
Mr. Evangelista stated that he would support tabling Resolution No. 207-2014. He commented that his concern is with the contractual obligations once the cell permit is granted. He felt this should be discussed in executive session, being that it is a contractual, financial obligation.
At this time, Mr. Evangelista made the motion, seconded by Mr. Venuti, to move into executive session to confer with counsel.
Mrs. Helming said that Supervisor Sheppard cited the OML, but there is another piece to that and that is the NYS 360 regulations, and she has heard some supervisors talking about modifying that application. Mrs. Helming further stated that she called the NYS Department of Conservation and if this Board is considering modifying the permit renewal application, then this would no longer be considered a renewal and would be a new permit. The application process would need to start over, and Mrs. Helming commented that there would not be sufficient time to go through that process and keep the landfill running, as well as causing a burden to the taxpayers. Mrs. Helming stated that we need the landfill operating and she would not support tabling the resolution at this time.
At this time, Chairman Marren asked for a roll call vote on the motion to move into executive session.
A simple majority roll call vote resulted as follows:
Ayes: 694 Supervisors Crowley, Evangelista, Vedora and Venuti
Noes: 3,695 Supervisors Green, Singer, Helming, Baker, Russell, Fafinski, Bendzlowicz, Lightfoote, Hilton, Gallahan, Teed, Angelo, Sheppard, Welch, Marren, Campbell
Absent: 107 Supervisor Cowley
Motion to move into execution session was defeated as there were not the required 2,249 weighted votes necessary for adoption.
MAY 8, 2014 17 Chairman Marren pointed out that there is a motion on the floor to table Resolution No. 207-2014, and asked if there was any further discussion.
Mr. Vedora inquired as to the reason Casella Waste Management has not fixed the issues that have been brought up in committee. It has been mentioned that Casella Waste Management has been cooperative, and if that is the case, then why does there continue to be issues.
Mr. Baker replied that the county has been working with Casella Waste Management and they are cooperative. He pointed out that he did not say that Casella did whatever the county asks, but that they are cooperative and work with the county to come to solutions that are acceptable with both parties. Mr. Baker stated that they have had ongoing problems at the landfill, and Casella Waste Management has been working diligently to correct those problems. The concerns that Mr. Venuti has mentioned are not items that can be fixed overnight. Mr. Baker stressed that at each Environmental Quality Committee, members in attendance are asked if there has been any odor issues. There have been no complaints in quite a while. Casella Waste Management continues to come up with new ways to deal with the problem. Mr. Baker stated that he considers Casella Waste Management to be a cooperative partner with the ongoing issues.
Discussion occurred on the process of calling a resolution off the table, and how that would affect proceeding with the renewal permit because there is a deadline. If the resolution is not taken off the table, it would cause a significant problem as the landfill cannot be operational with a 360 permit.
At this time, Mr. Fafinski made the motion, seconded by Mr. Sheppard, to call the question.
Chairman Marren called for a roll call vote, which requires a two-thirds majority vote.
A two-thirds majority roll call vote resulted as follows:
Ayes: 3,893 Supervisors Green, Singer Helming, Baker, Russell, Fafinski, Evangelista, Bendzlowicz, Lightfoote, Hilton, Gallahan, Teed, Angelo, Sheppard Welch, Marren, Campbell
Noes: 501 Supervisors Crowley, Venuti, Vedora
Absent: 102 Supervisor Cowley
Said motion carried as there were more than the required 2,998 weighted votes necessary.
Chairman Marren asked for a roll call vote on the motion made to table Resolution No. 127-2013.
A simple majority roll call vote resulted as follows:
Ayes: 520 Supervisors Crowley, Venuti, Vedora
Noes: 3,869 Supervisors Green, Singer, Helming, Baker, Russell, Fafinski, Evangelista, Bendzlowicz, Lightfoote, Hilton, Gallahan, Teed, Angelo, Sheppard, Welch, Marren, Campbell
Absent: 107 Supervisor Cowley
18 REGULAR MEETING
Motion to table Resolution No. 207-2014 was defeated as there were not the required 2,249 weighted votes necessary.
Discussion continued on Resolution No. 207-2014, as amended.
Mr. Venuti wished to clarify a few points. He stated that a contract has two partners and both must comply with the contract and both face penalties if they violate the contract. If our feeling on this Board is that whatever Casella does, we have to go for it, then we should just throw the towel in. That is not the position that he was maintaining and he doesn’t think this board should give the mindset that we feel our hands are tied. They have contractual obligations and he doesn’t feel that they are living up to them, but he feels that they could, and if we had more time we would be in a better position to get compliance out of them. Given the situation, he would have to vote no on the foregoing resolution, although he might vote yes if these things were resolved.
Ms. Singer commented that she has been on the Board since Casella Waste Management took over the operations of the landfill. She agrees with Supervisor Baker in that they have worked with the county. Ms. Singer recognizes that Casella fell behind on the odor issues, and they are working very diligently to resolve that matter. Ms. Singer stated that she also looks at the host town and if the Town of Seneca is in support of this then she is as well. Some of the issues that need to be resolved will unlikely be resolved within the time period of submitting the permit renewal, and if the permit were to lapse, it would be very costly to the taxpayers and create additional problems in operations. Ms. Singer pointed out that as a member of the Environmental Quality Committee, she has been at the meetings wherein Casella Waste Management has attended, and she believes that they are committed toward working to get all the issues resolved.
Mrs. Helming clarified that she supports moving forward with the permit renewal application. She too agrees with Mr. Venuti in that Casella Waste Management has some work to do. She has heard supervisors say that Casella is cooperative and is diligent in working on resolving the issues; however, she believes that it should not have taken so long to address the odor issues. Mrs. Helming commented that she attended the most recent EQC meeting, and in her opinion, she felt there were reasons given that were unacceptable. Mrs. Helming expressed that more pressure ought to be put on Casella and there is room for improvement on their part.
Mr. Evangelista indicated that he will be supporting the aforementioned resolution; however, he does agree that when there are performance issues on the part of the operator, they need to be addressed in a timely fashion. He pointed out that the results will be dependent on the demands. Mr. Evangelista addressed some issues related to the Solid Waste Management Plan, and some of the progressive and unique remedies that were addressed in that plan. Those opportunities are going to cost money. Mr. Evangelista conveyed his optimism that the energy cited by many of the Board members today will continue forward when the Solid Waste Management Plan begins to be implemented.
At this time, Chairman Marren called for a roll call vote on the adoption of Resolution No. 207-2014, as amended.
A simple majority roll call vote resulted as follows:
Ayes: 3,869 Supervisors Green, Singer, Helming, Baker, Russell, Fafinski, Evangelista, Bendzlowicz, Lightfoote, Hilton, Gallahan, Teed, Angelo, Sheppard, Welch, Marren, Campbell.
MAY 8, 2014 19 Noes: 520 Supervisors Crowley, Venuti, Vedora
Absent: 107 Supervisor Cowley
Resolution No. 207-2014 was adopted with more than the required 2,249 in weighted votes necessary for adoption.
Mr. Lightfoote made the motion to call up Resolution No. 234-2014, entitled “Authorization to Terminate Contract with MV Transportation, Inc., for Management, Operation, & Maintenance of the County’s Public Transportation System” which was laid over on April 17, 2014.
Mr. Sheppard asked if there was any new information than what was brought out by Mr. Adem Adem, MV Transportation, during Privilege of the Floor.
At 7:45 p.m., Mr. Lightfoote made the motion, seconded by Mrs. Helming, to move into executive session to confer with counsel.
Motion to move out of executive session was made by Mr. Sheppard, seconded by Mr. Venuti and carried. The regular meeting reconvened at 8:18 p.m.
Mr. Baker made the comment that from a financial sense, it probably makes sense to move forward with the proposal of RGRTA. However, from a service standpoint, it does not make sense. Mr. Baker addressed the benefits of staying with MV Transportation which included the county continuing with its own transportation system, more control over transportation, and there being no increase in the mortgage tax rate. By moving forward with RGRTA, the county has one vote among many, there is an increase in the mortgage tax rate that will never go down, along with the process to implement that increase, and the permanent situation of being locked into that transportation system. Mr. Baker stated that it would require New York State legislative action to terminate membership with RGRTA, and Mr. Baker had no confidence that it would ever happen. Mr. Baker expressed his disappointment with MV Transportation as they were asked to provide a proposal to the county and that was not done. A Powerpoint presentation was provided, but more was required in the form of a proposed contract.
Mrs. Helming expressed her disappointment with MV Transportation in not submitting a formal proposal; however, she expressed her gratitude towards their many years of service to the county. Mrs. Helming addressed the benefits of going with RGRTA. She listed those benefits to include vehicle replacement and/or maintenance; dispatch hardware and software; and administration of reports, website maintenance, advertising and notices. All of which would be the responsibility/cost of the county if transportation remained with MV Transportation. Mrs. Helming felt the decision was clear to move to RGRTA.
At this time, Chairman Marren asked for a roll call vote on Resolution No. 234-2014.
A simple majority roll call vote resulted as follows:
Ayes: 4,165 Supervisors Green, Singer, Helming, Russell, Crowley, Fafinski, Venuti, Vedora, Evangelista, Bendzlowicz, Lightfoote, Hilton, Gallahan, Teed, Angelo, Sheppard, Welch, Marren, Campbell
Noes: 224 Supervisor Baker
Absent: 104 Supervisor Cowley
20 REGULAR MEETING
Resolution No. 234-2014 was adopted with more than the required 2,249 in weighted votes necessary for adoption.
Mr. Lightfoote made the motion to call up Resolution No. 235-2014, entitled “Election to Become Participating Member of the Rochester-Genesee Regional Transportation District”, which was laid over at the last Board meeting.
Resolution No. 235-2014 was adopted. Mr. Baker wished to go on the record as voting “NO” on the aforementioned resolution.
Mr. Lightfoote made the motion to call up Resolution No. 236-2014 entitled, “Revoking Suspension of Additional Mortgage Tax” which was laid over at the last Board meeting.
Mr. Campbell made the motion, seconded by Mr. Bendzlowicz, to amend Resolution No. 236-2014, by changing the date in the first “RESOLVED” paragraph from July 1, 2014 to August 1, 2014.
The foregoing amendment was adopted.
Resolution No. 236-2014, as amended, was adopted. Mr. Baker wished to go on record as voting “NO” on the aforementioned resolution.
Mr. Lightfoote commented on the number of people who put a lot of time on a very difficult issue. The county has had a great relationship with MV Transportation and unfortunately, because of the State taking over the Medicaid dispatching, it has caused a need for a change. Mr. Lightfoote noted his appreciation for the work that MV Transportation has done. He further extended his appreciation for the service and work of Mr. Mike DeRaddo, members of the Finance Department and the Legal Department in working on all the information necessary in order to make an informed decision.
At 8:28 p.m., Chairman Marren resumed the regular agenda items.
Mr. Sheppard offered the following block of two resolutions and moved its adoption, seconded by Mr. Baker:
RESOLUTION NO. 258-2014 TRANSFER OF FUNDS – 2014 COUNTY BUDGET
WHEREAS, Budget Transfer Request Forms have been received by the Financial Management Committee after being reviewed and approved by the appropriate standing committee overseeing each department; and WHEREAS, The Financial Management Committee has reviewed and approved the following transfers; now, therefore, be it RESOLVED, That the following transfers be made: 2014 Budget From To Net Difference Real Property Tax Appropriated Reserve A0511B5000 + 20,000.00 Legal Services A1356E4230 + 20,000.00 Tax Advertising & Expense
MAY 8, 2014 21 Contingent Account A 1990 E 4731 - 5,000.00 Legal Services A1362E4230 + 5,000.00 Emergency Management Office Supplies A 3646 E 4100 - 3,679.04 Books & Subscriptions A 3646 E 4160 - 99.15 PC Software A 3646 E 4621 - 1,800.00 Training & Conferences A 3646 E 4750 - 2,500.00 Computer Equipment A 3646 E 2300 - 2,619.56 Audio-Visual Equipment A 3646 E 2751 - 3,052.25 Technical Equipment A3646E2800 + 13,750.00 Office of Sheriff Self-Insurance Recoveries A3110R2683 + 8,586.00 Vehicles A3110E2200 + 35,865.00 Contingency A1990E4731 -22,664.00 Medical Equipment A3110E2350 - 4,615.00 and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.
RESOLUTION NO. 259-2014 FIXING DATE AND NOTICE FOR THE PUBLIC HEARING ON LOCAL LAW NO. 2 (INTRO.) 2014
WHEREAS, There has been presented and introduced at a meeting of this Board held on May 8, 2014, a proposed local law entitled "The Ontario County Room Occupancy Tax Law "; now, therefore, be it RESOLVED, That a public hearing shall be held on May 29, 2014, at 6:30 P.M. at the Supervisors' Chambers, Ontario County Court House, 27 North Main Street, Canandaigua, New York; and further RESOLVED, That at least five days' notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the Supervisors' bulletin board at 20 Ontario Street, Canandaigua, New York, and by publishing such notice at least once in the official newspapers of the County. The foregoing block of two resolutions was adopted.
Mr. Sheppard offered the following resolution and moved its adoption, seconded by Mr. Fafinski:
RESOLUTION NO. 260-2014 2015 - 2016 PROPOSED COUNTY BUDGET GUIDELINES
WHEREAS, Ontario County, like every other County in New York State, continues to experience reductions in State Aid and other revenue sources; and WHEREAS, Ontario County desires that the County Departments prepare their annual budgets within those constraints; now, therefore, be it RESOLVED, That the Financial Management Committee recommends the following guidelines for use in the preparation of the 2015 and 2016 County Department budgets:
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1. It is the intent of the Board of Supervisors that the 2015-2016 Budget will not exceed the mandated NYS Tax Cap. 2. All departments will make every effort to contain costs for 2015 and 2016, including overtime and comp time. Only essential needs required to maintain the operation of the department may be budgeted. Departments are expected to develop their written Budget Review Report for each line item and, from that, determine their budget requirements. The Budget Review Report should include details on each line item to provide the reasoning behind the budgeted amount. Departments will make every effort to reduce or maintain net county cost at 2014 levels, or increase no more than the tax cap, approximately 1.5% increase. 3. Changes in the number of full time equivalent positions due to program changes will be considered through the normal process, once the County Administrator has approved the request to move forward. Net increases in full time equivalent positions to support existing operations cannot be considered. 4. Continue to comply with the Vacancy Review Policy. 5. Total funding for Team Agencies will remain at 2014 levels or be reduced based on prior agreement. 6. Departments which pass State and Federal aid through to contract agencies will continue to maintain a net zero County cost by passing along any reductions in aid to those contract agencies. 7. The Capital Improvement Project expenses for Departments are excluded from these Budget Guidelines and are handled through a separate process. 8. Acceptance of grant money will only be approved for existing projects, programs or equipment, or for new programs with zero (0) county match. 9. The General Fund Contingency Budget will be held to .25% of total budgeted appropriations. The use of Fund Balance is not available for unanticipated expenses; and further RESOLVED, That certified copies of the resolution be sent by the Clerk of this Board to the Finance Department, Chair of the FLCC Board of Trustees, each member of the Board of Supervisors, and Department Heads.
Adopted.
Mr. Sheppard made the motion, seconded by Mr. Green, to adopt Local Law No. 1 (Intro.) of 2014, entitled “A Local Law Pursuant to Chapter 97-2011 of the Laws of NYS and Section 3-c of the GML Overriding Tax Levy Limit for Fiscal Year 2015”
Local Law No. 1 (Intro.) of 2014 was adopted.
NOTE: This Local Law was subsequently renumbered Local Law No. 1 of 2014.
Mr. Angelo offered the following block of two resolutions and moved its adoption, seconded by Mr. Bendzlowicz:
RESOLUTION NO. 261-2014 APPROVAL OF CONTRACT WITH BONADIO & CO, LLC FOR INFORMATION TECHNOLOGY COMPLIANCE ASSESSMENT
MAY 8, 2014 23 WHEREAS, Ontario County maintain numerous information systems; and WHEREAS, Ontario County recognizes the need to properly manage these systems to ensure the integrity and security of data is maintained; and WHEREAS, It is also important to comply with numerous rules and regulations regarding the protection of electronic data; and WHEREAS, Pursuant to Resolution No. 825-2012, Ontario County entered into a contract with Bonadio & Co, LLC for an Information Technology (IT) compliance assessment; and WHEREAS, The Chief Information Officer recommends that Ontario County renew the contract with Bonadio & Co, LLC to continue an in depth IT compliance assessment to identify Ontario County’s current IT compliance posture and make any recommendations for improvement; and WHEREAS, The original contract allowed for extensions in one-year increments; and WHEREAS, The recommendation to enter into a contract with Bonadio & Co, LLC for an IT compliance assessment has been reviewed with the Governmental Operations and Improved Methods Committee which agrees with this recommendation; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors authorizes a contract extension with Bonadio & Co, LLC, 171 Sully’s Trail, Pittsford, NY 14534, to continue an in depth IT compliance assessment, for a term of twelve (12) months, beginning January 1, 2014, through December 31, 2014, at a cost not to exceed $20,000, and may be extended in one-year increments if mutually agreeable by both parties; and further RESOLVED, That this contract will be funded from the compliance budget for consultation and professional services: A1432E420; and further RESOLVED, That the County Administrator is authorized to sign the contract with Bonadio & Co, LLC; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Bonadio & Co, LLC, 171 Sully’s Trail, Pittsford, NY 14534. RESOLUTION NO. 262-2014 AUTHORIZATION TO SIGN AGREEMENT WITH TW TELECOM
WHEREAS, The current contract for voice and data services with TW Telecom is due for renewal; and WHEREAS, TW Telecom is on New York State contract (PS63072); and WHEREAS, TW Telecom has provided a proposal to renew 100Mb full duplex Internet access using the Axcess Ontario fiber optic ring as well as renewal pricing for our Voice T-1 services in Geneva; and WHEREAS, The TW Telecom Internet proposal uses a state of the art SONET ring topology providing enhanced sustainability; and WHEREAS, the TW Telecom proposal includes a total reduction in cost over the previous agreements of $945.90 per month; and WHEREAS, The Governmental Operations and Improved Methods Committee has reviewed the recommendations of the Chief Information Officer and recommends renewal of these services with TW Telecom; now, therefore, be it
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RESOLVED, That the County of Ontario be, and hereby is, authorized and empowered to enter into an agreement with TW Telecom, 200 Meridian Centre, Suite 130, Rochester, NY 14618, subject to review and approval by the Office of the County Attorney; and further RESOLVED, That the amount payable for the Internet services under said agreement shall $1,396.20 per month for a period of 36 months from the date of signing; and further RESOLVED, That the amount payable for the Voice T-1 services under said Agreement shall be $464.67 per month for a period of 36 months from the date of signing with additional costs for surcharges, long distance calls that exceed 5,000 free minutes per month, advertising costs and other charges related to this phone line; and further RESOLVED, That the County Administrator be, and hereby is, authorized and empowered to execute said agreement on behalf of the County of Ontario; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and TW Telecom, 200 Meridian Centre, Suite 130, Rochester, NY 14618. The foregoing block of two resolutions was adopted.
Mrs. Hilton offered the following block of two resolutions and moved its adoption, seconded by Mr. Angelo:
RESOLUTION NO. 263-2014 RENEWAL OF CONTRACT FOR PURCHASE OF PRESCRIPTION DRUGS AND PHARMACEUTICALS ONTARIO COUNTY HEALTH FACILITY
WHEREAS, This Board accepted a contract with Health Direct Institutional Pharmacy Services, 29 East Main Street, Gouverneur, NY 13642, for the purchase of Prescription Drugs and Pharmaceuticals (R13047) pursuant to Resolution No. 313-2013; and WHEREAS, This award included the option for two (2) additional twelve (12) month renew periods if mutually agreeable by both parties and by annual resolution of the Ontario County Board of Supervisors; and WHEREAS, It is beneficial for Ontario County to renew this contract for services provided to the Ontario County Health Facility and the Department of Public Health for a twelve (12) month period of time; and WHEREAS, This renewal is agreeable to Health Direct Institutional Pharmacy Services; and WHEREAS, The Health and Medical Committee has reviewed and supports this renewal; now, therefore, be it RESOLVED, That the contract for the purchase of Prescription Drugs and Pharmaceuticals with Health Direct Institutional Pharmacy Services, 29 East Main Street, Gouverneur, NY 13642, be renewed for one year from June 4, 2014, to June 3, 2015; and further RESOLVED, That the County’s Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution, and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Health Direct Institutional Pharmacy Services.
MAY 8, 2014 25 RESOLUTION NO. 264-2014 AUTHORIZATION TO RENEW AND AMEND HEALTHCARE SERVICES GROUP, INC. CONTRACT ONTARIO COUNTY HEALTH FACILITY
WHEREAS, The Ontario County Health Facility desires to renew and amend professional contractor services for the provision of food service operations at the Ontario County Health Facility, and WHEREAS, Healthcare Services Group, Inc., 3220 Tillman Drive, Suite 300, Bensalem, PA 19020, and Ontario County have agreed to the renewal along with a price adjustment request from Healthcare Services for an increase of 3%; and WHEREAS, That the price per patient day be increased from the present cost of $16.69 per patient day to $17.19 per patient day; and WHEREAS, Sufficient money exists within the Health Facility budget for this increase, and WHEREAS, The Health and Medical Committee has reviewed this proposal and recommends its acceptance, now, therefore, be it RESOLVED, That the price per patient day be increased from the present cost of $16.69 ppd to $17.19 ppd; and further RESOLVED, That the contract be for the period April 21, 2014, through March 31, 2015; and further RESOLVED, That the County Administrator is authorized to execute the necessary documents to affect the intent of this resolution; and further RESOLVED, That the Department of Finance shall be authorized to make the necessary budgetary and accounting changes to meet the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of the Board to the Finance Department and Healthcare Services Group 3220 Tillman Drive, Suite 300 Bensalem, PA 19020. The foregoing block of two resolutions was adopted.
Mr. Russell offered the following block of three resolutions and moved its adoption, seconded by Mrs. Helming:
RESOLUTION NO. 265-2014 RESOLUTION IN SUPPORT OF H.R. 543 “BLUE WATER NAVY VIETNAM VETERANS ACT OF 2013”
WHEREAS, During the Vietnam War, the United States military sprayed approximately 22 million gallons of Agent Orange and other herbicides over Vietnam to reduce forest cover and crops used by the enemy; these herbicides contained dioxin, which has since been identified as carcinogenic and has been linked to a number of serious and disabling illnesses affecting thousands of veterans; and WHEREAS, The United States Congress passed the Agent Orange Act of 1991 to address the plight of veterans exposed to herbicides while serving the Republic of Vietnam; the Act amended Title 38 of the United States Code to presumptively recognize certain diseases among military personnel who served in Vietnam between 1962 and 1975 as service-connected; this presumption has provided access to appropriate disability
26 REGULAR MEETING compensation and medical care for Vietnam veterans diagnosed with such illnesses as Type II diabetes, Hodgkin's disease, non-Hodgkin's lymphoma, prostate cancer, Ischemic Heart Disease, Parkinson's Disease, multiple myeloma, peripheral neuropathy, AL Amyloidosis, respiratory cancers, soft tissue sarcomas, and other diseases yet to be identified; and WHEREAS, Pursuant to a 2001 directive, the United States Department of Veterans Affairs policy has denied the presumption of a service connection for herbicide-related illnesses to Vietnam veterans who cannot furnish written documentation that they had "boots on the ground" in-country, making it virtually impossible for countless United States Navy and Marine veterans to acquire VA benefits; moreover, personnel who served on ships in the “Blue Water Navy" in Vietnamese territorial waters were, in fact, exposed to dangerous airborne and waterborne toxins which did not merely drift offshore but washed into streams and rivers draining into the South China Sea; and WHEREAS, The United States Navy and Fleet Marine Forces have been excluded ever since Agent Orange has been verified, through various studies and reports, as a wide spreading chemical that was able to reach Navy ships through the air and waterborne distribution routes; and WHEREAS, When the Agent Orange Act passed in 1991 with no dissenting votes, congressional leaders stressed the importance of responding to the health concerns of Vietnam veterans and ending the bitterness and anxiety that had surrounded the issue of herbicide exposure, the federal government has also demonstrated its awareness of the hazards of Agent Orange exposure through its involvement in the identification, containment, and mitigation of dioxin "hot spots" in Vietnam; and WHEREAS, The United States Congress should reaffirm the nation's commitment to the well-being of all of its veterans and direct the United States Department of Veterans Affairs to administer the Agent Orange Act under the presumption that herbicide exposure in the Republic of Vietnam includes the country's inland waterways, offshore waters, and airspace; and WHEREAS, The Human Services Committee recommends adoption of this resolution; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors hereby respectfully urges the adoption of H.R. 543, the Blue Water Navy Vietnam Veterans Act of 2013; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, the President of the United States, President of the Senate and Speaker of the House of Representatives of the United States Congress, and to all the members of the New York delegation to Congress with the request that this resolution be officially entered into the Congressional Record as a memorial to the Congress of the United States of America. RESOLUTION NO. 266-2014 AUTHORIZATION TO ACCEPT FUNDING FROM THE ONTARIO COUNTY ECONOMIC DEVELOPMENT CORPORATION
WHEREAS, The Ontario County Office of Economic Development and the Economic Development Corporation operate a Business Retention and Expansion program to support the businesses in Ontario County; and WHEREAS, The Ontario County Department of Social Services Workforce Development Unit has successfully partnered with the Business Retention and Expansion program for more than eight (8) years; and
MAY 8, 2014 27 WHEREAS, The Office of Economic Development has supported the training needs of businesses in Ontario County by providing funding to Ontario County Workforce Development for their On-the-Job Training and Incumbent Worker Initiatives; and WHEREAS, The Ontario County Economic Development Corporation desires to enter into an agreement with the Ontario County Department of Social Services to provide up to $15,000.00 for the On-the-Job Training and Incumbent Worker programs, a copy of which is on file with the Clerk of the Board; and WHEREAS, The Human Services Committee has reviewed and approves this resolution; now, therefore, be it RESOLVED, That this Board of Supervisors authorizes the Commissioner of Social Services to execute the agreement with the Ontario County Economic Development Corporation and any other documents necessary to effectuate the purposes of this Resolution, subject to the approval of the County Attorney; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Ontario County Economic Development Corporation. RESOLUTION NO. 267-2014 APPOINTMENTS - ONTARIO COUNTY YOUTH BOARD
BE IT RESOLVED, That this Board of Supervisors does hereby approve the following appointment to the Ontario County Youth Board: TaraBeth Clark, P.O. Box 44, Phelps, New York, 14532 for a three-year term to expire May 31, 2017; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, County Clerk, and Ms. Clark. The foregoing block of three resolutions was adopted.
Ms. Singer offered the following block of two resolutions and moved its adoption, seconded by Mr. Sheppard:
RESOLUTION NO. 268-2014 SALARY ADJUSTMENT – IRENE BARIGA FINGER LAKES COMMUNITY COLLEGE
WHEREAS, Ms. Grace Loomis, Director of Human Resources, FLCC, has recommended the salary adjustment of Ms. Irene Bariga, Office Specialist I, to Grade F3, Step 2 ($13.89/hr.) based on her years of experience; and WHEREAS, The Personnel Committee has reviewed and approved the salary adjustment for Ms. Bariga, effective upon her date of hire; and WHEREAS, Sufficient funding exists within the Finger Lakes Community College budget for this salary adjustment; now, therefore, be it RESOLVED, That the salary for Ms. Irene Bariga, Office Specialist I, be set at Grade F3, Step 2 ($13.89/hr.) effective upon her date of hire; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and the Director of Human Resources at FLCC. RESOLUTION NO. 269-2014 APPROVAL OF MEMORANDUM OF AGREEMENT 1 - 2014
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FLCC TEACHING FACULTY ALLIANCE
WHEREAS, Ontario County, Finger Lakes Community College and the Finger Lakes Community College Teaching Faculty Alliance are parties to an agreement effective September 1, 2013, through August 31, 2016; and WHEREAS, A Memorandum of Agreement has been negotiated, subject to the approval of this Board and the Board of Trustees of FLCC, providing for an amendment to the health insurance coverage offered to unit members, which has been filed with the Clerk of the Board of Supervisors; and WHEREAS, The Personnel Committee recommends adoption of this resolution; now, therefore, be it RESOLVED, That Memorandum of Agreement 1- 2014 regarding health insurance coverage is hereby approved with the FLCC Teaching Faculty Alliance, subject to the approval of the Board of Trustees of Finger Lakes Community College; and further RESOLVED, That the sequence of approvals herein shall not be precedent setting; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, Finger Lakes Community College Teaching Faculty Alliance, President of Finger Lakes Community College, and the County Attorney. The foregoing block of two resolutions was adopted.
Mr. Lightfoote offered the following block of three resolutions and moved its adoption, seconded by Mr. Green:
RESOLUTION NO. 270-2014 RESOLUTION TO ESTABLISH A PUBLIC HEARING FOR THE INCLUSION OF VIABLE AGRICULTURAL LAND IN ONTARIO COUNTY PROPOSED DURING THE 2013 ANNUAL REVIEW PERIOD
WHEREAS, In accordance with Article 25 AA §303-b. of the New York State Agriculture and Markets Law, this Board of Supervisors established by Resolution No. 294-2004 an annual thirty (30) day period within which a land owner may submit to the Board of Supervisors a request for inclusion of viable agricultural land within a certified agricultural district prior to the county established review period; and WHEREAS, Such an annual review requires a public hearing be held for the purpose of hearing comments on any inclusions proposed thereto; now, therefore, be it RESOLVED, That a public hearing on the proposed inclusion of land to an Ontario County Agricultural District be scheduled for 6:30 pm on Thursday, May 29, 2014, in the Board of Supervisors Sessions Room on the third floor of the Ontario County Court House, 27 North Main Street, Canandaigua, New York; and further RESOLVED, That the Clerk of the Ontario County Board of Supervisors be directed to give public notice to all interested parties in accordance with the provisions of Article 25AA of the New York State Agriculture and Markets Law; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department. RESOLUTION NO. 271-2014 AUTHORIZING A CONTRACT WITH ONTARIO COUNTY SOIL AND WATER CONSERVATION DISTRICT
MAY 8, 2014 29 FOR A STORM WATER RETROFIT PROJECT IN THE TOWN OF SENECA
WHEREAS, Ontario County is one of twenty-five (25) voting members of the Water Resources Board of the Finger Lakes - Lake Ontario Watershed Protection Alliance (FLLOWPA), and has been allocated NYS Department of Environmental Conservation (NYSDEC) funds for SFY2013-14 in the amount of Forty Nine Thousand Nine Hundred Twenty Dollars ($49,920.00) for projects outlined in Ontario County’s SFY 2013-2014 FLLOWPA water quality work plan and budget, previously approved by NYSDEC, and on file with the Clerk of the Board; and WHEREAS, NYSDEC has agreed to transfer funding for all twenty-five (25) member work plans to the Oswego County Soil and Water Conservation District (DISTRICT) and the Water Resources Board of FLLOWPA (WRB) via a single contract between NYSDEC, the DISTRICT and the WRB; and WHEREAS Resolution No. 233-2014 authorized the County Administrator to execute a contract with Oswego County Soil and Water Conservation District for the transfer of SFY 2013-2014 FLLOWPA funding in the amount of Forty Nine Thousand Nine Hundred and Twenty Dollars ($49,920.00) to Ontario County for approved water quality projects; and WHEREAS Ontario County desires to subcontract with Ontario County Soil and Water Conservation District to implement a storm water management project specified in Ontario County’s SFY 2013-2014 FLLOWPA work plan, and more particularly the stabilization of a severely eroding drainage ditch associated with a highway culvert in the Town of Seneca; and WHEREAS, Ontario County Soil and Water Conservation District has submitted a proposal and budget for aforementioned storm water management project in the amount of Seven Thousand Five Hundred Dollars ($7,500.00), on file with the Clerk of the Board; and WHEREAS, The Ontario County Planning and Research Committee recommends adoption of this resolution; now therefore, be it RESOLVED, That the Board of Supervisors hereby authorizes and empowers the County Administrator to execute a contract with the Ontario County Soil and Water Conservation District for the transfer of Seven Thousand Five Hundred Dollars ($7,500.00) from SFY 2013-2014 FLLOWPA funding for said services, subject to the approval of the form of contract by the County Attorney; and further RESOLVED, That the term of said contract shall commence on May 1, 2014, and terminate on June 30, 2015; and further RESOLVED, That the Department of Finance is authorized to make all necessary accounting and budget entries to effect the intent of this resolution; and further RESOLVED, That a certified copy of this resolution be sent by the Clerk of this Board to the Finance Department, and Mr. Patrick J. Emerick, Senior District Manager, Ontario County Soil and Water Conservation District. RESOLUTION NO. 272-2014 AUTHORIZING CONTRACT AMENDMENT WITH ONTARIO ECONOMIC DEVELOPMENT CORPORATION FOR PUBLIC BENEFIT ECONOMIC DEVELOPMENT SERVICES, USE OF FACILITIES, AND ADMINISTRATIVE, FINANCIAL, WEBSITE AND PUBLICATION SERVICES
WHEREAS, Pursuant to Resolution No. 552-2010, this Board of Supervisors approved the adoption of the Ontario County Updated Strategic Plan (the Plan); and
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WHEREAS, The Plan endorses efforts to strengthen technology, develop and retain workforce resources, retain and expand industries, and create infrastructure to support economic development in Ontario County; and WHEREAS, Pursuant to Resolution No. 701-2012, the Ontario County Board of Supervisors entered into a two-year agreement with the Ontario County Economic Development Corporation (OCEDC) to provide managerial, administrative, financial, website hosting and publication services, and use of facilities to support the delivery of its economic development initiatives in Ontario County through December 31, 2014, to be amended annually for cost for fiscal year 2014; and WHEREAS, The County of Ontario and OCEDC desire to amend the contract to update the minimum contract amounts be incurred by the OCEDC in 2014 as well as update the hourly rates with 2013 costs; and WHEREAS, The amount of $48,600 was used to represent this revenue stream in the 2014 Ontario County budget; and WHEREAS, Said agreement has been approved by the Planning and Research Committee; now, therefore, be it RESOLVED That the Ontario County Board of Supervisors hereby authorizes the amendment to include a reimbursement of not less than $48,600 for the fiscal year 2014 and the updated hourly rates as provided in Schedule A of the amendment with the OCEDC; and further RESOLVED, That the Ontario County Board of Supervisors hereby authorizes the County Administrator to execute the aforementioned amendment agreement with the OCEDC; and further RESOLVED, That the Department of Finance is authorized to make all necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and the OCEDC. The foregoing block of three resolutions was adopted.
Mr. Fafinski offered the following block of seven resolutions and moved its adoption, seconded by Mr. Bendzlowicz:
RESOLUTION NO. 273-2014 RENEWAL OF BID FOR PURCHASE OF INMATE SUNDRIES
WHEREAS, The Purchasing Department advertised for and received bids (B12024) for the purchase of inmate sundries for the Ontario County Jail which was awarded pursuant to Resolution No. 237-2012; and WHEREAS, The bid was awarded to Bob Barker Company, Inc., 134 W. Main Street, Fuquay-Varina, NC 27526, and the county spends approximately $ 10,000 annually for inmate sundries; and WHEREAS, The bid offered the option of two (2) twelve (12) month renewals, this being the second and Bob Barker Company, Inc., has agreed to said bid renewal at the current bid pricing for items awarded beginning April 24, 2014 through April 23, 2015; and WHEREAS, The Public Safety Committee has reviewed and recommends this renewal; now, therefore, be it
MAY 8, 2014 31 RESOLVED, That the bid (B12024) be renewed with Bob Barker Company, Inc., for a twelve-month period beginning April 24, 2014, and will expire April 23, 2015; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Bob Barker Company, 134 W. Main Street, Fuquay-Varina, NC 27526. RESOLUTION NO. 274-2014 RENEWAL OF BID FOR PURCHASE OF LAW ENFORCEMENT ACCESSORIES AND LEATHER GOODS
WHEREAS, The Purchasing Department advertised for and received bids (B13012) for the purchase of law enforcement accessories and leather goods, which was awarded pursuant to Resolution No. 286-2013; and WHEREAS, The county spends approximately $16,000 annually for law enforcement accessories and leather goods as needed; and WHEREAS, Said contract was awarded to the following vendors: United Uniform Company, Inc. Items 1, 2, 3, 4, 10, 13, 14, 15, 16, 495 North French Road 18 , 19, 20, 21, 22, 23, 24, 26, 27, Buffalo, NY 14228 28, 29, 66, & 76 New York Police Supply, Inc. Items 6, 12, 25, 30 – 65b, & 67 1460 Ridge Road East Rochester, NY 14621 Items 5, 7, 8, 9, 11, 17, 68, 69, 70, Lawmen’s Shooters’ Supply, Inc. 71, 72, 73, 74, & 75 7750 9th Street SW Vero Beach, FL 32968 and WHEREAS, The bid offered the option of two (2) twelve (12) month renewals, this being the first renewal; and WHEREAS, The Public Safety Committee recommends that the bid is renewed; now, therefore, be it RESOLVED, That bid (B13012) for the purchase of law enforcement accessories and leather goods be awarded for twelve (12) months starting May 10, 2014, and ending on May 9, 2015, with the aforementioned vendors; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, United Uniform Company, Inc., New York Police Supply, Inc., and Lawmen’s & Shooters’ Supply, Inc. RESOLUTION NO. 275-2014 AUTHORIZATION AGREEMENT WITH BETH HUMBY, LMSW ART THERAPY PROGRAM ONTARIO COUNTY CORRECTIONAL FACILITY
WHEREAS, The Commissary Services at Ontario County Correctional Facility provides funds to be utilized for the benefit of the Ontario County inmates; and WHEREAS, The Ontario County Correctional Facility is desirous to provide an Art Therapy Program for the benefit of Ontario County inmates; and
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WHEREAS, Beth Humby, LMSW, 106 Vermont Street, Rochester, NY 14609, has proposed to provide such services at a cost not to exceed $10,000 for the period of January 1, 2014, through December 31, 2014; and WHEREAS, The Commissary Account has sufficient funds to cover the cost of these services in 2014; and WHEREAS, The Public Safety Committee has reviewed the contract and recommends approval; now, therefore, be it RESOLVED, That the County Administrator is hereby authorized to sign an agreement with Beth Humby, for services outlined in Schedule "A" of the agreement for the term January 1, 2014, through December 31, 2014, not to exceed $10,000.00; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, and Beth Humby, 106 Vermont Street, Rochester, New York 14609. RESOLUTION NO. 276-2014 AUTHORIZATION TO APPLY FOR GRANT FROM NEW YORK STATE OFFICE OF VICTIM SERVICES
WHEREAS, The New York State Office of Victim Services has notified the Ontario County District Attorney’s Office of eligibility to apply for funding for the fiscal period October 1, 2014, through September 30, 2017; and WHEREAS, Funding for this grant is provided by the Crime Victims Fund, a fund within the U.S. Treasury which receives deposits from fines, penalty assessments, forfeited appearances and bail bonds collected by the Federal government to support victim compensation and victim assistance programs in meeting the needs of crime victims; and WHEREAS, The Ontario County Crime Victim/Witness Assistance Program has proven to be an invaluable resource for many county residents who have been victimized in serious crimes; and WHEREAS, The Ontario County Board of Supervisors endorses the continued participation of the District Attorney’s Office in the Crime Victim/Witness Assistance Program; and WHEREAS, It is advantageous for Ontario County to apply for these grant funds to enable it to continue to provide support and assistance to victims of crime in Ontario County, particularly in light of the fact that only a 20% County match is required to receive these grant funds; and WHEREAS, The Public Safety and Financial Management Committees have reviewed this request and recommend the District Attorney’s Office be authorized to apply for these grant funds; now, therefore, be it RESOLVED, That the County Board of Supervisors authorizes and directs the District Attorney’s Office to apply for this grant from the New York State Office of Victim Services for the fiscal period October 1, 2014, through September 30, 2017; and further RESOLVED, That the County Administrator be authorized to electronically sign certifications and assurances necessary to submit said application to the New York State Office of Victim Services; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.
MAY 8, 2014 33 RESOLUTION NO. 277-2014 AUTHORIZATION TO APPLY FOR A GRANT FROM THE NEW YORK STATE STOP-DWI FOUNDATION TO SUPPLEMENT EXISTING FUNDING FOR DWI CRACKDOWN SPECIAL PATROLS AND DRUG RECOGNITION EXPERT OVERTIME CALLOUTS
WHEREAS, The New York State STOP-DWI Foundation has notified the Ontario County STOP-DWI Program what we are eligible for funding to supplement our DWI Special Patrols and Drug Recognition Expert Overtime Callouts; and WHEREAS, It is desirable for the Ontario County STOP-DWI Program to apply for this grant from the NYS STOP-DWI Foundation; and WHEREAS, Funding from this grant would allow funding for 248 enforcement hours and 208 DRE callout hours for the amount of $21,432, with no match required from Ontario County; and WHEREAS, The Public Safety and Financial Management Committees have reviewed this grant application request and recommend the participation of the STOP- DWI Program in this opportunity; now, therefore, be it RESOLVED, That this Board of Supervisors authorizes and directs the Ontario County STOP-DWI Program to apply for this grant from the New York State STOP-DWI Foundation; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Ontario County STOP-DWI Office. RESOLUTION NO. 278-2014 AUTHORIZATION TO APPLY FOR GRANT FROM STATE HOMELAND SECURITY PROGRAM
WHEREAS, The New York State Division of Homeland Security and Emergency Services has notified Ontario County of eligibility to apply for funding up to $200,000 for FY2014 State Homeland Security Program (SHSP)/FY14 State Law Enforcement Terrorism Prevention Program(SLETPP); and WHEREAS, Funding for this grant is provided by the U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA); and WHEREAS, The New York State Division of Homeland Security and Emergency Services (DHSES) will administer the funding on behalf of FEMA, and WHEREAS, FY2014 State Homeland Security Program (SHSP) includes two allocations: 1. $150,000 for State Homeland Security Program (SHSP) to support broad range of Homeland security capabilities to address the threat of terrorism and other hazards and must comply with Federal grant guidelines and support the New York State Homeland Security Strategy 2. $50,000 for State Law Enforcement Terrorism Prevention Program (SLETPP) must be directed towards law enforcement terrorism prevention activities and be consistent with the efforts of local Counter-Terrorism Zone (CTZ) activities; and WHEREAS, The Public Safety and Financial Management Committees have reviewed this request and recommend the Emergency Management Office authorization to apply to this program; and
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WHEREAS, It is advantageous for Ontario County to accept these funds, which there is no county match requirement; now, therefore, be it RESOLVED, That the County Board of Supervisors authorizes and direct the Director of Emergency Management to apply for this grant from FY2014 State Homeland Security Program; and further RESOLVED, That the County Board of Supervisors authorizes and direct the Sheriff to apply for State Law Enforcement Terrorism Prevention Program (SLETPP) allocation of this grant from FY2014 State Homeland Security Program, and further RESOLVED, That the County Administrator be authorized to electronically sign certification and assurances to submit said application with the New York State Division of Homeland Security and Emergency Services; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and the New York State Division of Homeland Security and Emergency Services. RESOLUTION NO. 279-2014 AUTHORIZATION TO APPLY FOR GRANT FROM NATIONAL LIQUOR LAW ENFORCEMENT ASSOCIATION
WHEREAS, The National Liquor Law Enforcement Association has notified Ontario County of eligibility to apply for funding up to $25,000 to participate in the National Highway Traffic Safety Administration Impaired Driving Crackdown; and WHEREAS, The purpose of this program is to support innovative strategies designed to reduce the number of intoxicated motorists on Ontario County highways; and WHEREAS, These grant funds may support the purchase of new false identification scanners and overtime for enforcement details; and WHEREAS, There is no guarantee of ongoing funding beyond this project; and WHEREAS, It is advantageous for Ontario County to apply for these funds, which currently require no county match requirement; and WHEREAS, The Public Safety and Financial Management Committees have reviewed this request and recommend the Office of Sheriff authorization to apply to this program; now, therefore, be it RESOLVED, That the County Board of Supervisors authorizes and directs the Office of Sheriff to apply for this grant from the National Liquor Law Enforcement Association; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department. The foregoing block of seven resolutions was adopted.
Mr. Baker wished to go on record as voting “NO” on Resolution No. 278-2014.
Mr. Fafinski offered the following resolution and moved its adoption, seconded by Mr. Green:
RESOLUTION NO. 280-2014 AUTHORIZATION TO CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES IN REGARD TO SHERIFF’S OFFICE FIRING RANGE ANALYSIS
MAY 8, 2014 35
WHEREAS, Resolution No. 165-2014 transferred funds from the appropriated fund balance for the purpose of conducting an analysis of the Sheriff’s Office Firing Range; and WHEREAS, The County’s existing outdoor firing range is located on County owned property in the Town of Hopewell, NY, and has been in use since the mid 1970’s; and WHEREAS, The facility is currently utilized by fourteen (14) identified users/ stakeholders including various County Departments and outside organizations; and WHEREAS, The County wishes to identify options for improvement and/or expansion of this facility and to assess the feasibility of utilizing offsite facilities to meet the needs of its current users; and WHEREAS, A request for proposals seeking professional consultant services to provide an analysis of the conditions of the existing Ontario County Sheriff’s Office firing range site including; requirements of the agencies that utilize it, applicable regulations and recommendations regarding future use, maintenance and possible onsite improvements was released, duly advertised, and opened by the Purchasing Department as RFP R14048; and WHEREAS, Copies of the proposal submissions are on file with the Clerk of this Board; and WHEREAS, The Ontario County Purchasing Department, Public Works Department and Planning Department have reviewed the proposals submitted and recommend award to T.Y. Lin International Engineering, Architecture & Land Surveying, P.C. of 255 East Avenue, Rochester, New York 14604, for an amount not to exceed Forty-Two Thousand Five Hundred and Twenty Dollars ($42,520); and WHEREAS, There are sufficient funds in budget line A8020 E4530, Agency Contracts; and WHEREAS, The Public Safety Committee and Public Works Committee both recommend approval of this resolution; now, therefore, be it RESOLVED, That the Board of Supervisors hereby approves award of RFP R14048 to T.Y. Lin International Engineering, Architecture & Land Surveying, P.C. for Forty- Two Thousand Five Hundred and Twenty Dollars ($42,520) and authorizes and empowers the County Administrator to execute a contract with T.Y. Lin International Engineering, Architecture & Land Surveying, P.C. for the Sheriff’s Office Firing Range Analysis for an amount not to exceed Forty-Two Thousand Five Hundred and Twenty Dollars ($42,520.00); and further RESOLVED, That the Planning Department is hereby designated as being administratively responsible for the coordination of this analysis; and further RESOLVED, That the term of said contract shall commence on May 9, 2014, and terminate on December 31, 2014; and further RESOLVED, That the Finance Department is directed to make all necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, and T.Y. Lin International Engineering, Architecture & Land Surveying, P.C., 255 East Avenue, Rochester, New York 14604. Adopted.
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Mr. Evangelista offered the following block of three resolutions and moved its adoption, seconded by Mr. Gallahan:
RESOLUTION NO. 281-2014 AUTHORIZATION TO EXECUTE CONSENT TO AGREEMENT BETWEEN ONTARIO CENTRAL RAILROAD AND TOWN OF FARMINGTON REGARDING USE OF PROPERTY
WHEREAS, Ontario Central Railroad (“ONCT”) and its agent, Finger Lakes Railway, are the operators of the line of railroad and related property between Shortsville and Victor, in Ontario County, in the State of New York (the “Railway Line”); and WHEREAS, ONCT leases the Railway Line from Ontario County pursuant to a lease dated April 21, 1981, as amended and extended (the “ONCT Lease”); and WHEREAS, ONCT and Ontario County are in the process of negotiating a restated lease which would be effective as of January 1, 2013; and WHEREAS, ONCT wants to enter into an agreement with the Town of Farmington that would allow the Town to use property adjacent to the Railway Line at approximately Milepost 365.50, to unload stone and aggregate from rail cars, which it would normally be permitted to do under the ONCT Lease; and WHEREAS, ONCT would like the County to consent to such agreement under the circumstances and to execute a Consent to Agreement consenting to the agreement between ONCT and Town of Farmington, a copy of which is on file with the Clerk of this Board; and WHEREAS, The Public Works Committee recommends adoption of this resolution; now, therefore, be it RESOLVED, That Ontario County consents to ONCT entering into an agreement with the Town of Farmington as described above, provided (a) that the Town defend and indemnify Ontario County to the full extent provided by the ONCT Lease, and provide the insurance to the same extent required by the ONCT Lease, and (b) that any compensation paid by the Town to ONCT for the use of Ontario County’s property be shared 50% for the County, and 50% for ONCT. Compensation for transportation or other services provided by ONCT shall not be considered as compensation “for the use of Ontario County’s property;” and further RESOLVED, That the County Administrator is hereby authorized and directed to execute the Consent to Agreement, and any documents necessary to effectuate the purposes of this resolution, subject to the approval of the County Attorney; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, ONCT and Town of Farmington. RESOLUTION NO. 282-2014 AUTHORIZATION TO REJECT BID FOR MAINTENANCE AND REPAIR OF OVERHEAD DOORS AND RELATED COMPONENTS DEPARTMENT OF PUBLIC WORKS – BUILDINGS & GROUNDS
WHEREAS, The Ontario County Purchasing Department issued bid B14050 for maintenance and repair of overhead doors and related components; and WHEREAS, Due to the fact that only one bid response was received and that it was an unanticipated twenty-five (25%) percent increase over the current year’s cost, it is the recommendation of the Public Works Committee that it would be in the best interest of
MAY 8, 2014 37 the County to reject the bid received for B14050, revise the specifications and to issue a new bid in 2014 or negotiate rates for specific service with the current vendor; now, therefore, be it RESOLVED, That the bid received for bid B14050 for maintenance and repair of overhead doors and related components be rejected; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department. RESOLUTION NO. 283-2014 ACCEPTANCE OF MATERIALS AND SERVICES BIDS DEPARTMENT OF PUBLIC WORKS BUREAU OF HIGHWAYS
WHEREAS, Bids for the purchase of various materials and services for the Department of Public Works have been duly advertised and received by the Purchasing Department; and WHEREAS, Copies of the bid tabulation sheets have been filed with the Clerk of this Board and the Public Works Committee has reviewed said bid tabulations and recommends acceptance of the bids; now, therefore, be it RESOLVED, That bids be awarded to the following responsive, responsible bidders: B14018 VEGETATION CONTROL UNDER Allen Chase Enterprises, Inc. GUIDE RAILS 24 County Route 1A Oswego, New York 13126 B14019 CARE AND REMOVAL OF TREES Terry Tree Service, LLC 225 Ballantyne Road Rochester, New York 14623 B14020 PIPE AND APPURTENANCES Blair Supply Corp. 785 Beahan Road Rochester, New York 14624
Chemung Supply Corp. PO box 527 Elmira, New York 14902
HD Supply Waterworks, LTD 1220 Brighton Henrietta Townline Road Rochester, New York 14623
M.J. Pipe & Supply Corp. 609 Buffalo Road Rochester, New York 14611
Vellano Corporation 795 Beahan Road Rochester, New York 14624 B14021 CONCRETE CURBS, GUTTERS AND Campobello Construction Co., Inc. SIDEWALKS 23 Stratford Road Buffalo, New York 14216 B14022 PURCHASE OF REINFORCED CONCRETE Chemung Supply Corp. PIPE AND END SECTIONS PO Box 527
38 REGULAR MEETING
Elmira, New York 14902
HD Supply Waterworks, LTD 1220 Brighton Henrietta Townline Road Rochester, New York 14623 B14023 COLD MILLING, PLANING & Decca Paving, Inc. TEXTURIZING OF BITUMINOUS 1007 Chili Avenue CONCRETE Rochester, New York 14611
Donegal Construction Corporation 1235 Marguerite Lake Road Greensburg, PA 15601
Midland Asphalt Materials, Inc. 640 Young Street/PO Box 388 Tonawanda, New York 14151-0388
Suit-Kote Corp. 2 Rockwood Street Rochester, New York 14610
Villager Construction, Inc. 425 Old Macedon Center Road Fairport, New York 14450 B14024 PURCHASE OF GUIDE RAILING AND Chemung Supply Corp. INSTALLATION OF POSTS PO Box 527 Elmira, New York 14902
Elderlee, Inc. 729 Cross Road Oaks Corners, New York 14518 B14025 PAINTING OF VARIOUS PAVEMENT Accent Stripe, Inc. MARKINGS 3275 North Benzing Road Orchard Park, New York 14127
Julieann Shove, Inc. Dba Champion Asphalt Maintenance 4846 State Route 104 Williamson, New York 14589
Seneca Pavement Markings, Inc. 3526 Watkins Road Horseheads, New York 14845
Zebra Paint Striping, Inc. 7590 Airport Road Hornell, New York 14843 B14026 PURCHASE OF CULVERT-END Chemung Supply Corp. SAFETY GRATES PO Box 527 Elmira, New York 14902
EJ USA, Inc. 301 Springs Street, PO Box 439 East Jordan, MI 49727 B14027
MAY 8, 2014 39
PAVEMENT MAINTENANCE AND DeCann Distributors, LLC REHABILITATION 1589 Welcher Road Newark, New York 14513
Highway Rehabilitation Corp. 2258 Route 22 Brewster, New York 10509
Midland Asphalt Materials, Inc. 640 Young Street/PO Box 388 Tonawanda, New York 14151-0388
Suit-Kote Corp. 2 Rockwood Street Rochester, New York 14610 B14028 AGGREGATES AND COVER SOILS City Hill Excavation 2199 Rt. 14 Penn Yan, New York 14527
Dolomite Products Co, Inc. 1150 Penfield Road Rochester, New York 14625
Elam Sand & Gravel Corp. PO Box 65 West Bloomfield, New York 14585
Empire Enterprises JKB, Inc. 1575 Welcher Road Newark, New York 14513
Hanson Aggregates NY LLC PO Box 513 Jamesville, New York 13078
Mark Colf Excavation Contracting, Inc. 1757 County Road 43 Clifton Springs, New York 14432
Seneca Stone Corp. PO Box 76 Fayette, New York 13065
Spallina Materials Inc. PO Box 337 Mount Morris, New York 14510
Terry Tree Service, LLC 225 Ballantyne Road Rochester, New York 14523 B14029 PURCHASE & PLACEMENT OF ASPHALT Dolomite Products Co, Inc. PAVEMENT MATERIALS 1150 Penfield Road Rochester, New York 14625
Hanson Aggregates NY LLC PO Box 513 Jamesville, New York 13078
40 REGULAR MEETING
Innovative Municipal Products (US) Inc. 454 River Road Glenmont, New York 12077
Seneca Stone Corp. PO Box 76 Fayette, New York 13065
Spallina Materials, Inc. PO Box 337 Mount Morris, New York 14510 B14030 PURCHASE & PLACEMENT OF Geneva Granite Co., Inc. GRANITE CURBING PO Box 834 Geneva, New York 14456
W.P. Mahoney Enterprises, Inc. 90 Middle Street Geneva, New York 14456 B14031 PURCHASE OF HYDROSEEDING E. J. Prescott, Inc. MATERIALS 200 Lake Avenue Blasdell, New York 14219
Merritt Seed Company 7880 Gates Road Baldwinsville, New York 13027
Northern Nurseries of NY, Inc. 7532 Pittsford Palmyra Road Fairport, New York 14450 B14032 PURCHASE OF LIQUID CALCIUM Innovative Municipal Products (US) Inc. CHLORIDE & LIQUID MAGNESIUM 454 River Road CHLORIDE Glenmont, New York 12077
Midland Asphalt Materials, Inc. 640 Young Street/PO Box 388 Tonawanda, New York 14151-0388
Millennium Roads, LLC 12118 East Yates Center Road Lyndonville, New York 14098 B14033 PURCHASE OF SIGN MATERIALS 3M Company 3M Center, Bldg. 225-4N-14 St. Paul, MN 55144-1000
Allmac Signs 10 Captain Scott Road Harwich, MA 02645
Chemung Supply Corp. PO Box 527 Elmira, New York 14902
Custom Products Corporation PO Box 54091
MAY 8, 2014 41
Jackson, MS 39288-4091
Erberl Iron Works, Inc. 128 Sycamore Street Buffalo, New York 14204
Garden State Highway Products, Inc. 1740 E. Oak Road Vineland, New Jersey 08361
Northern Supply, Inc. PO Box 69, 2959 Ashman Road Bloomfield, New York 14469
Vulcan Inc. dba Vulcan Signs PO Box 1850 Foley, AL 36536-1850 B14053 PORTABLE SIGN POST MOUNTED Traffic Logix Corp. DRIVER SPEED FEEDBACK SYSTEM 3 Harriet Lane Spring Valley, New York 10977 B14055 PURCHASE & DELIVERY OF Dolomite Products, Inc. READY-MIX CONCRETE 1150 Penfield Road Rochester, New York 14625
Hanson Aggregates New York LLC 6895 Ellicott Street Pavilion, New York 14525
Spallina Materials, Inc. PO Box 337 Mount Morris, New York 14510 B14057 GENERAL & EMERGENCY ROAD & C. P. Ward, Inc. SEWER REPAIRS 100 West River Road, PO Box 900 Scottsville, New York 14546
W. P. Mahoney Enterprises, Inc. 90 Middle Street Geneva, New York 14456 and further RESOLVED, That the Ontario County Board of Supervisors hereby accepts said bids and authorizes one year contracts for the period beginning May 15, 2014, through May 14, 2015; and further RESOLVED, That in the case where multiple vendors are awarded an item, the lowest responsive/responsible bidder for that item shall be given the opportunity to supply the same; and further RESOLVED, That should the lowest responsible/responsive bidder not be able to supply the item needed in accordance with project requirements and/or logistics, the second lowest bidder shall be given similar consideration, and the procedure shall be followed for each successive awardee until the item can be furnished in accordance with the project requirements; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and the above listed successful bidders.
42 REGULAR MEETING
The foregoing block of three resolutions was adopted.
Mr. Russell offered the following block of nine resolutions and moved its adoption, seconded by Mr. Vedora:
RESOLUTION NO. 284-2014 CAPITAL PROJECT NO. 5-2008 APPROVAL OF CHANGE ORDER CO17-006 FLCC MASTER PLAN PHASE 1 PROJECT
WHEREAS, Resolution No. 620-2008 created Capital Project No. 5-2008, FLCC Master Plan Phase I Project consisting of the construction of a Student Services Center and Auditorium Building as Phase IA to be followed by the remodeling of approximately 50,000 square feet of space of the existing building as phase IB; and WHEREAS, Resolution No. 624-2011 awarded bids and a contract for HVAC Work to HMI Mechanical Systems, Inc., 345 Route 14 South, Lyons, NY 14489, in regard to phase 1B of this project, remodeling of space within the existing FLCC main building; and WHEREAS, During the course of construction HMI Mechanical Systems, Inc., damaged a window in Room B306; and WHEREAS, Christa Construction, LLC, as General Contractor, replaced said damaged window in room B306 and abated asbestos bearing materials in and adjacent to said window at a cost to Ontario County of Eight Thousand Five Hundred Sixteen Dollars and Fifty Five Cents ($8,516.55); and WHEREAS, HMI Mechanical Systems, Inc., has submitted proposed Change Order CO17-006, on file with the Clerk of this Board, that would reduce their contract by the amount of the replacement of said window in room B306 and related asbestos abatement work; and WHEREAS, The FLCC Projects Committee and the Financial Management Committee recommend approval of this resolution; now, therefore, be it RESOLVED, That Change Order CO71-006 with HMI Mechanical Systems, Inc., is hereby approved to provide a credit equal to the cost of replacing a damaged window in room B306 and related asbestos abatement work performed by Christa Construction, LLC, in the amount of Eight Thousand Five Hundred Sixteen Dollars and Fifty Five Cents ($8,516.55), reducing the total contract to Four Million Six Hundred Thousand Five Hundred Five Dollars and Forty Five Cents ($4,600,505.45); and further RESOLVED, That the Capital Project budget be, and hereby is, amended as follows: Line Item Description Existing Budget Change New Budget HAI 2473 E 2100 Furniture & Furnishings $815,000.00 $0.00 $815,000.00 HAI 2473 E 2300 Data Processing Equipment $578,840.12 $0.00 $578,840.12 HAI 2473 E 2450 Operating Equipment $0.00 $0.00 $0.00 HAI 2473 E 2550 Signal & Communications $105,371.54 $0.00 $105,371.54 HAI 2473 E 4035 Theatric Lighting, Rigging & Curtains $713,635.00 $0.00 $713,635.00 HAI 2473 E 4037 Kitchen Equipment $593,227.16 $0.00 $593,227.16 HAI 2473 E 4038 Moving Expenses $25,000.00 $0.00 $25,000.00 HAI 2473 E 4050 Utilities $25,241.87 $0.00 $25,241.87 HAI 2473 E 4090 Insurance Cost $37,618.00 $0.00 $37,618.00 HAI 2473 E 4230 Legal Services $ 400,000.00 $0.00 $ 400,000.00 HAI 2473 E 4260 Consultation & Professional $7,623,269.82 $0.00 $7,623,269.82 HAI 2473 E 4280 Permits & Special Fees $33,703.50 $0.00 $33,703.50 HAI 2473 E 4444 Financing of Debt $92,500.00 $0.00 $92,500.00 HAI 2473 E 4473 Theatric Audio Visual Sys $1,722,103.74 $0.00 $1,722,103.74
MAY 8, 2014 43 HAI 2473 E 4489 Construction Inspections $193,424.00 $0.00 $193,424.00 HAI 2473 E 4491 General Construction $12,729,685.41 $0.00 $12,729,685.41 HAI 2473 E 4492 HVAC $7,839,745.33 - $8,516.55 $7,831,228.78 HAI 2473 E 4493 Electrical $5,515,839.05 $0.00 $5,515,839.05 HAI 2473 E 4494 Plumbing $1,076,909.42 $0.00 $1,076,909.42 HAI 2473 E 4497 Site Work $4,332,680.89 $0.00 $4,332,680.89 HAI 2473 E 4498 Asbestos & Related Testing $183,554.50 $0.00 $183,554.50 HAI 2473 E 4499 Structural Steel & Misc Metals $1,516,654.40 $0.00 $1,516,654.40 HAI 2473 E 4500 Fire Prevention $296,303.10 $0.00 $296,303.10 HAI 2473 E 4503 Fire Stopping $53,225.00 $0.00 $53,225.00 HAI 2473 E 4525 Roofing $930,803.78 $0.00 $930,803.78 HAI 2473 E 4526 Windows, Glazing & Alum Storefront $732,870.43 $0.00 $732,870.43 HAI 2473 E 4865 Administrative Expenses $52,000.00 $0.00 $52,000.00 HAI 2473 E 4731 Contingent $575,293.94 +$8,516.55 $583,810.49 HAI 2473 R 2240 Comm. College Capital Costs $517,290.00 $0.00 $517,290.00 HAI 2473 R 2705 Gifts & Donations-FLCC Assoc $1,871,938.00 $0.00 $1,871,938.00 HAI 2473 R 3287 State Aid $24,397,250.00 $0.00 $24,397,250.00 HAI 2473 R 5710 Serial Bonds $22,008,022.00 $0.00 $22,008,022.00 and further RESOLVED, That the Director of Planning be, and hereby is, authorized and empowered to execute a Change Order CO17-006 with HMI Mechanical Systems, Inc., for said amount; and further RESOLVED, That the Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and FLCC. RESOLUTION NO. 285-2014 CAPITAL PROJECT NO. 5-2008 APPROVAL OF CHANGE ORDER CO17-007 FLCC MASTER PLAN PHASE 1 PROJECT
WHEREAS, Resolution No. 620 – 2008 created Capital Project No. 5-2008, FLCC Master Plan Phase I Project consisting of the construction of a Student Services Center and Auditorium Building as Phase IA to be followed by the remodeling of approximately 50,000 square feet of space of the existing building as phase IB; and WHEREAS, Resolution No. 624 - 2011 awarded bids and a contract for HVAC Work to HMI Mechanical Systems, Inc., 345 Route 14 South, Lyons, NY 14489, in regard to phase 1B of this project, remodeling of space within the existing FLCC main building; and WHEREAS, An amount of Seventy Eight Thousand Three Hundred Twenty Eight Dollars and Fifty Four Cents ($78,328.54) of the Field Order Allowance in said contract remains unspent; and WHEREAS, HMI Mechanical Systems, Inc., has submitted proposed Change Order CO17-007, on file with the Clerk of this Board, that would reduce their contract by the amount of the unspent Field Order Allowance; and WHEREAS, The FLCC Projects Committee and the Financial Management Committee recommend approval of this resolution; now, therefore, be it RESOLVED, That Change Order CO71-007 with HMI Mechanical Systems, Inc., is hereby approved to reduce the Field Order Allowance contained in the contract by Seventy Eight Thousand Three Hundred Twenty Eight Dollars and Fifty Four Cents
44 REGULAR MEETING
($78,328.54), reducing the total contract to Four Million Five Hundred Twenty Two Thousand One Hundred Seventy Six Dollars and Ninety One Cents ($4,522,176.91); and RESOLVED, That the Capital Project budget be, and hereby is, amended as follows: Line Item Description Existing Budget Change New Budget HAI 2473 E 2100 Furniture & Furnishings $815,000.00 $0.00 $815,000.00 HAI 2473 E 2300 Data Processing Equipment $578,840.12 $0.00 $578,840.12 HAI 2473 E 2450 Operating Equipment $0.00 $0.00 $0.00 HAI 2473 E 2550 Signal & Communications $105,371.54 $0.00 $105,371.54 HAI 2473 E 4035 Theatric Lighting, Rigging & Curtains $713,635.00 $0.00 $713,635.00 HAI 2473 E 4037 Kitchen Equipment $593,227.16 $0.00 $593,227.16 HAI 2473 E 4038 Moving Expenses $25,000.00 $0.00 $25,000.00 HAI 2473 E 4050 Utilities $25,241.87 $0.00 $25,241.87 HAI 2473 E 4090 Insurance Cost $37,618.00 $0.00 $37,618.00 HAI 2473 E 4230 Legal Services $ 400,000.00 $0.00 $ 400,000.00 HAI 2473 E 4260 Consultation & Professional $7,623,269.82 $0.00 $7,623,269.82 HAI 2473 E 4280 Permits & Special Fees $33,703.50 $0.00 $33,703.50 HAI 2473 E 4444 Financing of Debt $92,500.00 $0.00 $92,500.00 HAI 2473 E 4473 Theatric Audio Visual Sys $1,722,103.74 $0.00 $1,722,103.74 HAI 2473 E 4489 Construction Inspections $193,424.00 $0.00 $193,424.00 HAI 2473 E 4491 General Construction $12,729,685.41 $0.00 $12,729,685.41 HAI 2473 E 4492 HVAC $7,831,228.78 - $78,328.54 $7,752,900.24 HAI 2473 E 4493 Electrical $5,515,839.05 $0.00 $5,515,839.05 HAI 2473 E 4494 Plumbing $1,076,909.42 $0.00 $1,076,909.42 HAI 2473 E 4497 Site Work $4,332,680.89 $0.00 $4,332,680.89 HAI 2473 E 4498 Asbestos & Related Testing $183,554.50 $0.00 $183,554.50 HAI 2473 E 4499 Structural Steel & Misc Metals $1,516,654.40 $0.00 $1,516,654.40 HAI 2473 E 4500 Fire Prevention $296,303.10 $0.00 $296,303.10 HAI 2473 E 4503 Fire Stopping $53,225.00 $0.00 $53,225.00 HAI 2473 E 4525 Roofing $930,803.78 $0.00 $930,803.78 HAI 2473 E 4526 Windows, Glazing & Alum Storefront $732,870.43 $0.00 $732,870.43 HAI 2473 E 4865 Administrative Expenses $52,000.00 $0.00 $52,000.00 HAI 2473 E 4731 Contingent $583,810.49 +$78,328.54 $662,139.03 HAI 2473 R 2240 Comm. College Capital Costs $517,290.00 $0.00 $517,290.00 HAI 2473 R 2705 Gifts & Donations-FLCC Assoc $1,871,938.00 $0.00 $1,871,938.00 HAI 2473 R 3287 State Aid $24,397,250.00 $0.00 $24,397,250.00 HAI 2473 R 5710 Serial Bonds $22,008,022.00 $0.00 $22,008,022.00 and further RESOLVED, That the Director of Planning be, and hereby is, authorized and empowered to execute a Change Order CO17-007 with HMI Mechanical Systems, Inc., for said amount; and further RESOLVED, That the Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That a certified copy of this resolution be sent by the Clerk of this Board to the Finance Department and FLCC. RESOLUTION NO. 286-2014 CAPITAL PROJECT NO. 5-2008 APPROVAL OF CHANGE ORDER CO16-029 FLCC MASTER PLAN PHASE 1 PROJECT
WHEREAS, Resolution No. 620-2008 created Capital Project No. 5-2008, FLCC Master Plan Phase I Project consisting of the construction of a Student Services Center and Auditorium Building as phase IA to be followed by the remodeling of approximately 50,000 square feet of space of the existing building as phase IB; and
MAY 8, 2014 45 WHEREAS, Resolution No. 500-2010 hired the firm of JMZ Architects and Planners, P.C. (JMZ) to design the remodeling of interior space at Finger Lakes Community College, known as Phase 1B of this project; and WHEREAS, Resolution No. 624-2011 awarded bids and a contract for General Construction Work to Christa Construction, LLC, in regard to Phase 1B of this project, remodeling of space within the existing FLCC main building; and WHEREAS, During the course of construction it was discovered that asbestos needed to be abated during the replacement of a window in Room B306; and WHEREAS, Christa Construction, LLC has proposed to abate asbestos during window replacement in Room B306 at a cost of Eight Thousand Five Hundred Sixteen Dollars and Fifty Five Cents ($8,516.55), as fully described in Change Order CO16-029 on file with the Clerk of this Board; and WHEREAS, JMZ and LeChase Construction Services, LLC, have reviewed and recommend approval of Change Order CO16-029 with Christa Construction, LLC.; and WHEREAS, The FLCC Projects Committee and Financial Management Committee recommend approval of this resolution; now, therefore, be it RESOLVED, That the Capital Project budget be, and hereby is, amended as follows: Line Item Description Existing Budget Change New Budget HAI 2473 E 2100 Furniture & Furnishings $815,000.00 $0.00 $815,000.00 HAI 2473 E 2300 Data Processing Equipment $578,840.12 $0.00 $578,840.12 HAI 2473 E 2450 Operating Equipment $0.00 $0.00 $0.00 HAI 2473 E 2550 Signal & Communications $105,371.54 $0.00 $105,371.54 HAI 2473 E 4035 Theatric Lighting, Rigging & Curtains $713,635.00 $0.00 $713,635.00 HAI 2473 E 4037 Kitchen Equipment $593,227.16 $0.00 $593,227.16 HAI 2473 E 4038 Moving Expenses $25,000.00 $0.00 $25,000.00 HAI 2473 E 4050 Utilities $25,241.87 $0.00 $25,241.87 HAI 2473 E 4090 Insurance Cost $37,618.00 $0.00 $37,618.00 HAI 2473 E 4230 Legal Services $ 400,000.00 $0.00 $ 400,000.00 HAI 2473 E 4260 Consultation & Professional $7,623,269.82 $0.00 $7,623,269.82 HAI 2473 E 4280 Permits & Special Fees $33,703.50 $0.00 $33,703.50 HAI 2473 E 4444 Financing of Debt $92,500.00 $0.00 $92,500.00 HAI 2473 E 4473 Theatric Audio Visual Sys $1,722,103.74 $0.00 $1,722,103.74 HAI 2473 E 4489 Construction Inspections $193,424.00 $0.00 $193,424.00 HAI 2473 E 4491 General Construction $12,729,685.41 + $8,516.55 $12,738,201.96 HAI 2473 E 4492 HVAC $7,752,900.24 $0.00 $7,752,900.24 HAI 2473 E 4493 Electrical $5,515,839.05 $0.00 $5,515,839.05 HAI 2473 E 4494 Plumbing $1,076,909.42 $0.00 $1,076,909.42 HAI 2473 E 4497 Site Work $4,332,680.89 $0.00 $4,332,680.89 HAI 2473 E 4498 Asbestos & Related Testing $183,554.50 $0.00 $183,554.50 HAI 2473 E 4499 Structural Steel & Misc Metals $1,516,654.40 $0.00 $1,516,654.40 HAI 2473 E 4500 Fire Prevention $296,303.10 $0.00 $296,303.10 HAI 2473 E 4503 Fire Stopping $53,225.00 $0.00 $53,225.00 HAI 2473 E 4525 Roofing $930,803.78 $0.00 $930,803.78 HAI 2473 E 4526 Windows, Glazing & Alum Storefront $732,870.43 $0.00 $732,870.43 HAI 2473 E 4865 Administrative Expenses $52,000.00 $0.00 $52,000.00 HAI 2473 E 4731 Contingent $662,139.03 - $8,516.55 $653,622.48 HAI 2473 R 2240 Comm. College Capital Costs $517,290.00 $0.00 $517,290.00 HAI 2473 R 2705 Gifts & Donations-FLCC Assoc $1,871,938.00 $0.00 $1,871,938.00 HAI 2473 R 3287 State Aid $24,397,250.00 $0.00 $24,397,250.00 HAI 2473 R 5710 Serial Bonds $22,008,022.00 $0.00 $22,008,022.00 and further RESOLVED, That Change Order CO16-029 with Christa Construction, LLC. is hereby approved to abate asbestos during window replacement in Room B306 at a cost of
46 REGULAR MEETING
Eight Thousand Five Hundred Sixteen Dollars and Fifty Five Cents ($8,516.55), increasing the total contract amount to Five Million Four Hundred Fifty Five Thousand One Hundred Four Dollars and Six Cents ($5,455,104.06); and further RESOLVED, That the Director of Planning be, and hereby is, authorized and empowered to execute a Change Order CO16-029 with Christa Construction, LLC, for said amount; and further RESOLVED, That the Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and FLCC. RESOLUTION NO. 287-2014 CAPITAL PROJECT NO. 5-2008 APPROVAL OF CHANGE ORDER CO16-030 FLCC MASTER PLAN PHASE 1 PROJECT
WHEREAS, Resolution No. 620-2008 created Capital Project No. 5-2008, FLCC Master Plan Phase I Project consisting of the construction of a Student Services Center and Auditorium Building as phase IA to be followed by the remodeling of approximately 50,000 square feet of space of the existing building as phase IB; and WHEREAS, Resolution No. 500-2010 hired the firm of JMZ Architects and Planners, P.C. (JMZ) to design the remodeling of interior space at Finger Lakes Community College, known as Phase 1B of this project; and WHEREAS, Resolution No. 624-2011 awarded bids and a contract for General Construction Work to Christa Construction, LLC, in regard to Phase 1B of this project, remodeling of space within the existing FLCC main building; and WHEREAS, During the course of construction it was discovered that asbestos needed to be abated during remodeling work at the existing loading dock, including removal and replacement of concrete floor; and WHEREAS, Christa Construction, LLC has proposed to abate asbestos at the loading dock including removal and replacement of concrete flooring at a cost of Ten Thousand Seven Hundred Thirty Dollars and Sixty Cents ($10,730.60), as fully described in Change Order CO16-030 on file with the Clerk of this Board; and WHEREAS, JMZ and LeChase Construction Services, LLC, have reviewed and recommend approval of Change Order CO16-030 with Christa Construction, LLC.; and WHEREAS, The FLCC Projects Committee and Financial Management Committee recommend approval of this resolution; now, therefore, be it RESOLVED, That the Capital Project budget be, and hereby is, amended as follows: Line Item Description Existing Budget Change New Budget HAI 2473 E 2100 Furniture & Furnishings $815,000.00 $0.00 $815,000.00 HAI 2473 E 2300 Data Processing Equipment $578,840.12 $0.00 $578,840.12 HAI 2473 E 2450 Operating Equipment $0.00 $0.00 $0.00 HAI 2473 E 2550 Signal & Communications $105,371.54 $0.00 $105,371.54 HAI 2473 E 4035 Theatric Lighting, Rigging & Curtains $713,635.00 $0.00 $713,635.00 HAI 2473 E 4037 Kitchen Equipment $593,227.16 $0.00 $593,227.16 HAI 2473 E 4038 Moving Expenses $25,000.00 $0.00 $25,000.00 HAI 2473 E 4050 Utilities $25,241.87 $0.00 $25,241.87 HAI 2473 E 4090 Insurance Cost $37,618.00 $0.00 $37,618.00 HAI 2473 E 4230 Legal Services $ 400,000.00 $0.00 $ 400,000.00 HAI 2473 E 4260 Consultation & Professional $7,623,269.82 $0.00 $7,623,269.82
MAY 8, 2014 47 HAI 2473 E 4280 Permits & Special Fees $33,703.50 $0.00 $33,703.50 HAI 2473 E 4444 Financing of Debt $92,500.00 $0.00 $92,500.00 HAI 2473 E 4473 Theatric Audio Visual Sys $1,722,103.74 $0.00 $1,722,103.74 HAI 2473 E 4489 Construction Inspections $193,424.00 $0.00 $193,424.00 HAI 2473 E 4491 General Construction $12,738,201.96 + $10,730.60 $12,748,932.56 HAI 2473 E 4492 HVAC $7,752,900.24 $0.00 $7,752,900.24 HAI 2473 E 4493 Electrical $5,515,839.05 $0.00 $5,515,839.05 HAI 2473 E 4494 Plumbing $1,076,909.42 $0.00 $1,076,909.42 HAI 2473 E 4497 Site Work $4,332,680.89 $0.00 $4,332,680.89 HAI 2473 E 4498 Asbestos & Related Testing $183,554.50 $0.00 $183,554.50 HAI 2473 E 4499 Structural Steel & Misc Metals $1,516,654.40 $0.00 $1,516,654.40 HAI 2473 E 4500 Fire Prevention $296,303.10 $0.00 $296,303.10 HAI 2473 E 4503 Fire Stopping $53,225.00 $0.00 $53,225.00 HAI 2473 E 4525 Roofing $930,803.78 $0.00 $930,803.78 HAI 2473 E 4526 Windows, Glazing & Alum Storefront $732,870.43 $0.00 $732,870.43 HAI 2473 E 4865 Administrative Expenses $52,000.00 $0.00 $52,000.00 HAI 2473 E 4731 Contingent $653,622.48 - $10,730.60 $642,891.88 HAI 2473 R 2240 Comm. College Capital Costs $517,290.00 $0.00 $517,290.00 HAI 2473 R 2705 Gifts & Donations-FLCC Assoc $1,871,938.00 $0.00 $1,871,938.00 HAI 2473 R 3287 State Aid $24,397,250.00 $0.00 $24,397,250.00 HAI 2473 R 5710 Serial Bonds $22,008,022.00 $0.00 $22,008,022.00 and further RESOLVED, That Change Order CO16-030 with Christa Construction, LLC. is hereby approved to abate asbestos during remodeling of the existing loading dock including removal and replacement of concrete flooring at a cost of Ten Thousand Seven Hundred Thirty Dollars and Sixty Cents ($10,730.60), increasing the total contract amount to Five Million Four Hundred Sixty Five Thousand Eight Hundred Thirty Four Dollars and Sixty Six Cents ($5,465,834.66); and further RESOLVED, That the Director of Planning be and hereby is authorized and empowered to execute a Change Order CO16-030 with Christa Construction, LLC. for said amount; and further RESOLVED, That the Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and FLCC. RESOLUTION NO. 288-2014 CAPITAL PROJECT NO. 5-2008 APPROVAL OF CHANGE ORDER CO16-031 FLCC MASTER PLAN PHASE 1 PROJECT
WHEREAS, Resolution No. 620-2008 created Capital Project No. 5-2008, FLCC Master Plan Phase I Project consisting of the construction of a Student Services Center and Auditorium Building as phase IA to be followed by the remodeling of approximately 50,000 square feet of space of the existing building as phase IB; and WHEREAS, Resolution No. 500-2010 hired the firm of JMZ Architects and Planners, P.C. (JMZ) to design the remodeling of interior space at Finger Lakes Community College, known as Phase 1B of this project; and WHEREAS, Resolution No. 624-2011 awarded bids and a contract for General Construction Work to Christa Construction, LLC, in regard to Phase 1B of this project, remodeling of space within the existing FLCC main building; and
48 REGULAR MEETING
WHEREAS, During the course of construction it was discovered that changes in Office B231C and a door, door frame, and hardware needed to be provided for room B231D; and WHEREAS, Christa Construction, LLC has proposed to provide the changes to Office B231C and provide and install a door, door frame and hardware for room B231D at a cost of Three Thousand Two Hundred Seventy Five Dollars and Eighty Six Cents ($3,275.86), as more fully described in proposed Change Order CO16-031 on file with the Clerk of this Board; and WHEREAS, JMZ and LeChase Construction Services, LLC, have reviewed and recommend approval of Change Order CO16-031 with Christa Construction, LLC.; and WHEREAS, The FLCC Projects Committee and Financial Management Committee recommend approval of this resolution; now, therefore, be it RESOLVED, That the Capital Project budget be, and hereby is, amended as follows: Line Item Description Existing Budget Change New Budget HAI 2473 E 2100 Furniture & Furnishings $815,000.00 $0.00 $815,000.00 HAI 2473 E 2300 Data Processing Equipment $578,840.12 $0.00 $578,840.12 HAI 2473 E 2450 Operating Equipment $0.00 $0.00 $0.00 HAI 2473 E 2550 Signal & Communications $105,371.54 $0.00 $105,371.54 HAI 2473 E 4035 Theatric Lighting, Rigging & Curtains $713,635.00 $0.00 $713,635.00 HAI 2473 E 4037 Kitchen Equipment $593,227.16 $0.00 $593,227.16 HAI 2473 E 4038 Moving Expenses $25,000.00 $0.00 $25,000.00 HAI 2473 E 4050 Utilities $25,241.87 $0.00 $25,241.87 HAI 2473 E 4090 Insurance Cost $37,618.00 $0.00 $37,618.00 HAI 2473 E 4230 Legal Services $ 400,000.00 $0.00 $ 400,000.00 HAI 2473 E 4260 Consultation & Professional $7,623,269.82 $0.00 $7,623,269.82 HAI 2473 E 4280 Permits & Special Fees $33,703.50 $0.00 $33,703.50 HAI 2473 E 4444 Financing of Debt $92,500.00 $0.00 $92,500.00 HAI 2473 E 4473 Theatric Audio Visual Sys $1,722,103.74 $0.00 $1,722,103.74 HAI 2473 E 4489 Construction Inspections $193,424.00 $0.00 $193,424.00 HAI 2473 E 4491 General Construction $12,748,932.56 + $3,275.86 $12,752,208.42 HAI 2473 E 4492 HVAC $7,752,900.24 $0.00 $7,752,900.24 HAI 2473 E 4493 Electrical $5,515,839.05 $0.00 $5,515,839.05 HAI 2473 E 4494 Plumbing $1,076,909.42 $0.00 $1,076,909.42 HAI 2473 E 4497 Site Work $4,332,680.89 $0.00 $4,332,680.89 HAI 2473 E 4498 Asbestos & Related Testing $183,554.50 $0.00 $183,554.50 HAI 2473 E 4499 Structural Steel & Misc Metals $1,516,654.40 $0.00 $1,516,654.40 HAI 2473 E 4500 Fire Prevention $296,303.10 $0.00 $296,303.10 HAI 2473 E 4503 Fire Stopping $53,225.00 $0.00 $53,225.00 HAI 2473 E 4525 Roofing $930,803.78 $0.00 $930,803.78 HAI 2473 E 4526 Windows, Glazing & Alum Storefront $732,870.43 $0.00 $732,870.43 HAI 2473 E 4865 Administrative Expenses $52,000.00 $0.00 $52,000.00 HAI 2473 E 4731 Contingent $642,891.88 - $3,275.86 $639,616.02 HAI 2473 R 2240 Comm. College Capital Costs $517,290.00 $0.00 $517,290.00 HAI 2473 R 2705 Gifts & Donations-FLCC Assoc $1,871,938.00 $0.00 $1,871,938.00 HAI 2473 R 3287 State Aid $24,397,250.00 $0.00 $24,397,250.00 HAI 2473 R 5710 Serial Bonds $22,008,022.00 $0.00 $22,008,022.00 and further RESOLVED, That Change Order CO16-031 with Christa Construction, LLC is hereby approved to make the changes to Office B231C and provide and install a door, door frame and hardware for room B231D at a cost of Three Thousand Two Hundred Seventy Five Dollars and Eighty Six Cents ($3,275.86), increasing the total contract amount to Five Million Four Hundred Sixty Nine Thousand One Hundred Ten Dollars and Fifty Two Cents ($5,469,110.52); and further
MAY 8, 2014 49 RESOLVED, That the Director of Planning be and hereby is authorized and empowered to execute a Change Order CO16-031 with Christa Construction, LLC, for said amount; and further RESOLVED, That the Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies this resolution be sent by the Clerk of this Board to the Finance Department and FLCC. RESOLUTION NO. 289-2014 CAPITAL PROJECT NO. 5-2008 APPROVAL OF CHANGE ORDER CO16-032 FLCC MASTER PLAN PHASE 1 PROJECT
WHEREAS, Resolution No. 620-2008 created Capital Project No. 5-2008, FLCC Master Plan Phase I Project consisting of the construction of a Student Services Center and Auditorium Building as phase IA to be followed by the remodeling of approximately 50,000 square feet of space of the existing building as phase IB; and WHEREAS, Resolution No. 500-2010 hired the firm of JMZ Architects and Planners, P.C. (JMZ) to design the remodeling of interior space at Finger Lakes Community College, known as Phase 1B of this project; and WHEREAS, Resolution No. 624-2011 awarded bids and a contract for General Construction Work to Christa Construction, LLC. in regard to Phase 1B of this project, remodeling of space within the existing FLCC main building; and WHEREAS, During the course of construction it was discovered that the door B241 needed to be removed, the opening filled in, and a drywall and acoustic ceiling soffit added in its place; and WHEREAS, Christa Construction, LLC has proposed to provide labor and materials necessary to close in doorway B241 and add a drywall and acoustic tile soffit above said doorway at a cost of Three Thousand Four Hundred Thirty Dollars and Forty One Cents ($3,430.41), as more fully described in proposed Change Order CO16-032 on file with the Clerk of this Board; and WHEREAS, JMZ and LeChase Construction Services, LLC, have reviewed and recommend approval of Change Order CO16-032 with Christa Construction, LLC.; and WHEREAS, The FLCC Projects Committee and Financial Management Committee recommend approval of this resolution; now, therefore, be it RESOLVED, That the Capital Project budget be, and hereby is, amended as follows: Line Item Description Existing Budget Change New Budget HAI 2473 E 2100 Furniture & Furnishings $815,000.00 $0.00 $815,000.00 HAI 2473 E 2300 Data Processing Equipment $578,840.12 $0.00 $578,840.12 HAI 2473 E 2450 Operating Equipment $0.00 $0.00 $0.00 HAI 2473 E 2550 Signal & Communications $105,371.54 $0.00 $105,371.54 HAI 2473 E 4035 Theatric Lighting, Rigging & Curtains $713,635.00 $0.00 $713,635.00 HAI 2473 E 4037 Kitchen Equipment $593,227.16 $0.00 $593,227.16 HAI 2473 E 4038 Moving Expenses $25,000.00 $0.00 $25,000.00 HAI 2473 E 4050 Utilities $25,241.87 $0.00 $25,241.87 HAI 2473 E 4090 Insurance Cost $37,618.00 $0.00 $37,618.00 HAI 2473 E 4230 Legal Services $ 400,000.00 $0.00 $ 400,000.00 HAI 2473 E 4260 Consultation & Professional $7,623,269.82 $0.00 $7,623,269.82 HAI 2473 E 4280 Permits & Special Fees $33,703.50 $0.00 $33,703.50 HAI 2473 E 4444 Financing of Debt $92,500.00 $0.00 $92,500.00 HAI 2473 E 4473 Theatric Audio Visual Sys $1,722,103.74 $0.00 $1,722,103.74
50 REGULAR MEETING
HAI 2473 E 4489 Construction Inspections $193,424.00 $0.00 $193,424.00 HAI 2473 E 4491 General Construction $12,752,208.42 + $3,430.41 $12,755,638.83 HAI 2473 E 4492 HVAC $7,752,900.24 $0.00 $7,752,900.24 HAI 2473 E 4493 Electrical $5,515,839.05 $0.00 $5,515,839.05 HAI 2473 E 4494 Plumbing $1,076,909.42 $0.00 $1,076,909.42 HAI 2473 E 4497 Site Work $4,332,680.89 $0.00 $4,332,680.89 HAI 2473 E 4498 Asbestos & Related Testing $183,554.50 $0.00 $183,554.50 HAI 2473 E 4499 Structural Steel & Misc Metals $1,516,654.40 $0.00 $1,516,654.40 HAI 2473 E 4500 Fire Prevention $296,303.10 $0.00 $296,303.10 HAI 2473 E 4503 Fire Stopping $53,225.00 $0.00 $53,225.00 HAI 2473 E 4525 Roofing $930,803.78 $0.00 $930,803.78 HAI 2473 E 4526 Windows, Glazing & Alum Storefront $732,870.43 $0.00 $732,870.43 HAI 2473 E 4865 Administrative Expenses $52,000.00 $0.00 $52,000.00 HAI 2473 E 4731 Contingent $639,616.02 - $3,430.41 $636,185.61 HAI 2473 R 2240 Comm. College Capital Costs $517,290.00 $0.00 $517,290.00 HAI 2473 R 2705 Gifts & Donations-FLCC Assoc $1,871,938.00 $0.00 $1,871,938.00 HAI 2473 R 3287 State Aid $24,397,250.00 $0.00 $24,397,250.00 HAI 2473 R 5710 Serial Bonds $22,008,022.00 $0.00 $22,008,022.00 and further RESOLVED, That Change Order CO16-032 with Christa Construction, LLC is hereby approved to provide labor and materials necessary to close in doorway B241 and add a drywall and acoustic tile soffit above said doorway at a cost of Three Thousand Four Hundred Thirty Dollars and Forty One Cents ($3,430.41), increasing the total contract amount to Five Million Four Hundred Seventy Two Thousand Five Hundred Forty Dollars and Ninety Three Cents ($5,472,540.93); and further RESOLVED, That the Director of Planning be, and hereby is, authorized and empowered to execute a Change Order CO16-032 with Christa Construction, LLC, for said amount; and further RESOLVED, That the Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and FLCC. RESOLUTION NO. 290-2014 CAPITAL PROJECT NO. 5-2011 AUTHORIZATION OF NO-COST TIME EXTENSION AGREEMENT WITH NYS AGRICULTURE AND MARKETS FLCC VITICULTURE CENTER
WHEREAS, Resolution No. 626-2011 established Capital Project No. 5-2011 to construct a Viticulture Center to house Finger Lakes Community College’s (FLCC) two- year degree program in Viticulture and Wine Making, situated on the campus of the Cornell Agriculture and Food Technology Park in Geneva, New York; and WHEREAS, Resolution No. 56-2013 authorized a Contract Number C011389 with the New York State Department of Agriculture and Markets (NYSDAM) to provide state funding in the amount of $3,256,000.00 for construction of the FLCC Viticulture Center; and WHEREAS, The term of Contract Number C011389 ended March 31, 2014; and WHEREAS, Ontario County desires a one-year time extension in order to complete construction of the FLCC Viticulture Center; and WHEREAS, NYSDAM reviewed the progress and schedule of said project and authorized a one year, no cost time extension to Contract C011389; and
MAY 8, 2014 51 WHEREAS, The FLCC Projects Committee recommends adoption of this resolution; now, therefore, be it RESOLVED, That the one-year, no-cost time extension agreement for Contract C011389 on file with the Clerk of this Board is hereby approved extending the term of said contract until March 31, 2015, without any change to the amount of the grant; and further RESOLVED, The County Administrator is hereby authorized to sign said agreement with the New York State Department of Agriculture and Markets, subject to approval of the form of contract by the County Attorney; and RESOLVED, That the Department of Finance is authorized to make all necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, FLCC Vice President of Administration and Finance, and Ms. Judy Giovannetti, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York, 12235. RESOLUTION NO. 291-2014 CAPITAL PROJECT 1-2012 AUTHORIZING EXTENSION OF CONTRACT WITH AUDIO VIDEO CORPORATION FOR TECHNOLOGY UPGRADES FOR 2012 FLCC MAINTENANCE CAPITAL PROJECT
WHEREAS, Resolution No. 94-2012 created and funded Capital Project No. 1 of 2012 as the 2012 FLCC Capital Maintenance Project; and WHEREAS, Resolution No. 299-2013 approved Technology Upgrades as part of the Master Plan Phase 1B and installation of said equipment pursuant to PO 857825 with Audio-Video Corporation, located at 6365 Collamer Drive, East Syracuse, New York 13057, in the amount of Eight Thousand Dollars ($8,000.00); and WHEREAS, The equipment ordered was not received in a timely manner, and said contract has expired; and WHEREAS, The equipment has now arrived and installation is required, and the contract needs to be extended to facilitate said installation; now, therefore, be it RESOLVED, That the County Administrator be, and hereby is, authorized and empowered to extend the contract with Audio-Video Corporation, 6365 Collamer Drive, East Syracuse, New York 13057, for installation services for an amount not to exceed Eight Thousand Dollars ($8,000.00) per PO 857824, for said work; and further RESOLVED, That the term of said contract shall be extended from September 26, 2013, until August 31, 2014; and further RESOLVED, That the Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, FLCC VP for Administration, FLCC Director of Buildings and Grounds, and Audio Video Corporation. RESOLUTION NO. 292-2014 ESTABLISH CAPITAL PROJECT NO. 01– 2014 FINGER LAKES COMMUNITY COLLEGE 2014 CAPITAL MAINTENANCE PROJECT
52 REGULAR MEETING
WHEREAS, The Ontario County 2014-2019 Capital Improvement Plan and the Approved 2014 Ontario County Budget specify that a sum of $1,000,000 is allocated to capital maintenance items at the Finger Lakes Community College (FLCC) FOR 2014; and WHEREAS, FLCC has applied to the State of New York to provide funding matching the funding level provided by Ontario County for said annual capital maintenance items, so that a total of $1,000,000 would be available for said items; and WHEREAS, FLCC has provided a list of individual projects to be funded utilizing said $1,000,000, a copy of which is on file with the Clerk of this Board; and WHEREAS, The FLCC and the County desire to maximize the opportunities to obtain matching funds from the state for these capital maintenance projects; and WHEREAS, Creating a County Capital Project for these capital maintenance items will maximize opportunities to obtain matching state funding and will also provide a mechanism for communication between the County and FLCC in the event that changes to the list of capital maintenance items are proposed or needed; and WHEREAS, The FLCC Projects Committee and the Financial Management Committee recommends creation of a capital project to fund and track the 2014 capital maintenance items at FLCC; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors hereby establishes Capital Project No. 01-2014 entitled 2014 FLCC Capital Maintenance Project and assign it budget number HBW 2483; and further RESOLVED, That the following budget transfer be and hereby is approved: Line Item Description Change A 2496 E 4030 Repair/Bldg Maintenance/Property - $ 500,000.00 A 9950 E 9950 Transfer to Capital Projects + $ 500,000.00 and further RESOLVED, That the budget for Capital Project No. 01 of 2014 be, and hereby is, established as follows: Line Item Description Change Appropriations HBW 2483 E 4260 Consultation & Professional $ 225,000.00 HBW 2483 E 4491 General Construction $ 667,000.00 HBW 2483 E 4492 HVAC $ 25,000.00 HBW 2483 E 4493 Electric $ 50,000.00 HBW 2483 E 4494 Plumbing $ 25,000.00 HBW 2483 E 4865 Administration $ 8,000.00 Revenues HBW 2483 R 3287 State Aid $ 500,000.00 HBW 2483 R 5036 General Fund - Interfund Transfer $ 500,000.00 and further RESOLVED, That the FLCC Director of Buildings and Grounds shall be administratively responsible for this capital project; and further RESOLVED, That the FLCC Projects Committee is hereby designated to oversee said capital project; and further
MAY 8, 2014 53 RESOLVED, The list of projects to be funded from this Capital Project on file with the Clerk of this Board is hereby approved and any deviation from said project list shall not occur without the approval of the FLCC Projects Committee; and further RESOLVED, That at no time shall contracts be approved or funds appropriated from this Capital Project in excess of the total of the funding available from the county plus the confirmed funding available from the State of New York or other non-Ontario County sources; and further RESOLVED, That the Department of Finance is directed to make all necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, SUNY, and FLCC. The foregoing block of nine resolutions was adopted.
Mr. Fafinski offered the following resolution and moved its adoption, seconded by Mr. Sheppard:
RESOLUTION NO. 293-2014 RESOLUTION OF APPRECIATION – CHARLES P. MCCAUSLAND FINGER LAKES COMMUNITY COLLEGE TRUSTEE
WHEREAS, Resolution No. 497-2000 appointed Mr. Charles P. McCausland as a Trustee of the Finger Lakes Community College; and WHEREAS, Mr. McCausland has served with distinction as a member of the Board of Trustees; and WHEREAS Mr. McCausland’s term as Trustee expires on June 30, 2014; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors does hereby recognize the experience and many years of hard work and dedication by Mr. McCausland on behalf of the residents of Ontario County and the general public in ensuring that high quality education opportunities are provided through Finger Lakes Community College; and further RESOLVED, That the Ontario County Board of Supervisors extends its sincere thanks and appreciation to Mr. McCausland for his many years of dedicated service; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, Chairperson of the Finger Lakes Community College Board of Trustees, and Mr. McCausland. Adopted.
Mr. Evangelista offered the following resolution and moved its adoption, seconded by Mr. Gallahan:
RESOLUTION NO. 294-2014 APPOINTMENT TO FINGER LAKES COMMUNITY COLLEGE BOARD OF TRUSTEES – JOHN T. HICKS
WHEREAS, The term of Wayne F. Houseman on the Board of Trustees of the Finger Lakes Community College is due to expire on June 30, 2017; and
54 REGULAR MEETING
WHEREAS, Mr. Houseman has submitted his resignation from the FLCC Board of Trustees effective January 31, 2014; and WHEREAS, The Board of Supervisors is designated by law to make appointments to certain vacancies on the Board of Trustees of the Finger Lakes Community College; and WHEREAS, The Chairman of the Ontario County Board of Supervisors appointed a committee consisting of Supervisors Kristine Singer, Jeffery Gallahan, and Charles Evangelista, and County Administrator John Garvey to seek and recommend a qualified individual to serve as Trustee of the Finger Lakes Community College; and WHEREAS, The Committee has openly announced the vacancy and reviewed the credentials of all applicants and has made its recommendation to the Board; now, therefore, be it RESOLVED, That Mr. John T. Hicks, 3060 Seneca Castle Road, Seneca Castle, New York 14547, be, and he hereby is, appointed to the Board of Trustees of the Finger Lakes Community College to fill out the unexpired term of Wayne T. Houseman, which will expire June 30, 2017; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, Associate Chancellor for Community Colleges of the State University of New York, Finger Lakes Community College President Dr. Barbara Risser, County Clerk, and Mr. Hicks. Adopted. Mr. Evangelista offered the following resolution and moved its adoption, seconded by Mrs. Singer:
RESOLUTION NO. 295-2014 APPOINTMENT TO FINGER LAKES COMMUNITY COLLEGE BOARD OF TRUSTEES – JOHN T. SHEPPARD
WHEREAS, The term of Finger Lakes Community College Trustee Charles P. McCausland is to expire on June 30, 2014; and WHEREAS, The Board of Supervisors is designated by law to make appointments to certain vacancies on the Board of Trustees of the Finger Lakes Community College; and WHEREAS, The Chairman of the Ontario County Board of Supervisors appointed a committee consisting of Supervisors Kristine Singer, Jeffery Gallahan, and Charles Evangelista, and County Administrator John Garvey to seek and recommend a qualified individual to serve as Trustee of the Finger Lakes Community College; and WHEREAS, The Committee has openly announced the vacancy and reviewed the credentials of all applicants and has made its recommendation to the Board; now, therefore, be it RESOLVED, That Mr. John T. Sheppard, 3154 County Road 20, Stanley, New York 14561, be, and he hereby is, appointed to the Board of Trustees of the Finger Lakes Community College for a term to begin July 1, 2014, and to expire June 30, 2021; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, Associate Chancellor for Community Colleges of the State University of New York, Finger Lakes Community College President Dr. Barbara Risser, County Clerk, and Mr. Sheppard.
MAY 8, 2014 55 Mrs. Singer stated that the search committee investigated whether there would be a conflict in appointing a supervisor to the Finger Lakes Community College Board of Trustees. After consulting with legal counsel and the by-laws, it has been determined that it is acceptable to have representation from this Board on the FLCC Board of Trustees. The search committee encouraged this being set as a precedent for future appointments.
Adopted.
At Mr. Sheppard’s request, he was allowed to abstain from voting on the foregoing resolution as he felt it would be a conflict of interest to do so.
On motion of Mr. Fafinski, seconded by Mrs. Welch, the meeting was adjourned at 8:42 p.m.