Cortland County Legislative Session
6:00 pm
Approved Minutes - March 18 Meeting
Chairman Steve called the meeting to order at 6:07 pm and led the Salute to the Flag.
The Clerk called the roll and all members were recorded as present.
One motion of Mr. McKee, seconded by Dr. DiGiovanni, and all members present voting aye, the minutes were amended as follows: On motion of Dr. DiGiovanni, seconded by Mrs. Brown, Agenda Item No. 10 failed by all members present voting aye, except Mr. Allen, Mr. Behrenfeld, Mrs. Breed, Dr. DiGiovanni, Mr. Elston, Mr. McKee, Mr. Ross, Mr. Willcox, Ms. Wyant, and Mr. Steve voting nay.
Privilege of the Floor:
Chairman Steve granted privilege of the floor to Senator Seward and thanked him for accepting his invitation to address the Legislature. Senator Seward stated he was delighted to be able to address the group. Senator Seward stated a partnership was needed between the State and Counties to relieve tax burdens. Senator Seward complimented Cortland County on the formation of the CTVC committee as an example of cooperation for betterment of the community. Senator Seward spoke of the 2004 budget session process and the accomplishments they are hoping for. Senator Seward stated if you compare New York State Taxes to other states, they are in the middle of the group until you add in the local taxes and then New York State climbs to the top portion of the group. Senator Seward understands the need to reduce local tax burdens. Senator Seward supports the proposal to alter the Family and Children Health Plus Programs to State takeover which could save one half million dollars next year and five million dollars over the next five years. Senator Seward also supports the idea of a cap on program costs to local governments and commented this would enable the County to be able to prepare a budget knowing what the costs would be. Senator Seward also spoke on the Pension Fund and stated that both State and Local Governments need relief. Senator Seward stated the Governor’s Plan for a formula change would save Local Governments eight hundred million and the State six hundred million in tax dollars next year if enacted. He is optimistic some relief will be seen. Senator Seward also spoke on projected return of CHIPS and College funding before the budget is adopted. Senator Seward spoke about a new plan for health insurance that would allow health insurance accounts to be set up by employers and employees that would allow a tax credit of up to 50% and that would have a potential of savings of 40% on health costs. This would not be a government run program. Senator Seward stated that if this plan was enacted and Cortland County was able to negotiate with their employees to participate, the savings seen could be $600,000 a year. Chairman Steve recognized questions from the floor. Mr. Tagliente stated that during his campaign and since his election he has been questioned about mandate relief that would create tax burden relief on a local level. Mr. Tagliente believes the State should assume all the costs for all mandated programs. Senator Seward stated he knows this is a priority for counties but cannot commit to a one year takeover or cannot promise what will actually happen with the 2004 budget. Mrs. Brown stated that mandates are definitely a burden to the local taxpayers and feels the State should stop imposing mandates and allow the Counties to decide what programs are or are not needed for the people. Senator Seward spoke to the proposed Constitutional Amendment that is being sponsored which would eliminate any further unfunded mandates to be able to placed on Counties. Senator Seward again thanked the group for the invitation and reminded them his office on Church Street was always available to them for discussions or questions.
Proclamations/Recognitions:
Chairman Steve asked Dr. DiGiovanni to join him and recognized Thomas Carman, CEO of Cortland Memorial Hospital. Chairman Steve thanked Mr. Carman for his dedication and contributions to improve the quality of life in Cortland County. The Clerk read the recognition as Chairman Steve presented it to Mr. Carman, who had been joined by his wife Irene. Mr. Carman thanked the Legislature and Chairman Steve and stated it has been an honor to live in Cortland and what he has given to Cortland has been done as a labor of love. Mr. Carman stated he will miss the community very much, however looks forward to the career change. Mr. Carman again thanked everyone for the recognition.
Chairman Steve recognized Robert T. Jewett, retiring District Attorney of Cortland County, for his contributions not only as an elected official but also as a long time county employee in various capacities. The Clerk read the recognition as Mr. Steve presented it to Mr. Jewett. Mr. Jewett stated that he stood before the group as a recently retired officer with memories of it seeming like just yesterday that he stood in front of the District Attorney’s Office waiting to be interviewed for a job in 1973. Mr. Jewett stated that when he accepted his first position, he could not have foreseen the adventures and opportunities that would lie ahead of him within Cortland County Government and the community. Mr. Jewett thanked the Legislature and Chairman Steve for the recognition.
Chairman Steve asked Mr. Elston to join him as he recognized Virgil Elementary School for receiving the 2004 Pathfinder Award for Outstanding Educational Improvement. Chairman Steve said he had attended a recent meeting at Virgil School and was able to tour the facility. Chairman Steve commented the school had exceeded the standards they had already set previously. Chairman Steve asked Dr.Lutz, Superintendent of Cortland City Schools, Mrs. New, Principal of Virgil Elementary School, Ms. Wyatt, Vice-President of Cortland City School Board and Mrs. Place, Cortland City School Board to join him. The Clerk read the recognition as Chairman Steve presented it to Mrs. New. Mrs. New thanked the Legislature and Chairman Steve. Mrs. New stated the accomplishment of receiving the award was made possible by the efforts of the students, staff and parents of their district. Dr. Lutz thanked the group and echoed the statement of a team effort making the award possible. He stated Virgil was one of twenty-nine schools out of 2900 to receive the award. Dr. Lutz stated the Cortland City School systems exists to give children purpose and hope.
Chairman Steve proclaimed March 14 – 20, 2004 as National Agriculture Week and asked Amanda Barber and Syd McEvoy to join him. Chairman Steve noted that Agriculture is a very important part of Cortland County and commented that the County Seal reflects that. The Clerk read the Proclamation as Chairman Steve presented it to Mrs. Barber and Mr. McEvoy. Mrs. Barber thanked the Legislature on behalf of Cooperative Extension, Soil and Water District, Farm Bureau and all the farmers of the County. Mrs. Barber then thanked all farmers for their contributions to Cortland County and reminded everyone of the fact that farmers are the stewards of the natural resources and how much we all owe them for their contributions.
Receive and Files:
On motion of Mrs. Brown, seconded by Mr. Cornell and all members present voting aye, the Statements of Designations – District Attorney’s Office by Tomas Jewett and David Hartnett were ordered received and filed.
Resolutions:
On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 01 became Resolution No. 78-04: Appoint Members, Region 7 Fish and Wildlife Management Board
On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 02 became Resolution No. 79-04: Reappoint Member, Cortland County Soil & Water Conservation District Board of Directors
On motion of Mr. Steve, seconded by Mr. Behrenfeld and adopted by all members present voting aye except Mrs. Brown, Mr. Hartnett, Mr. Tagliente and Mrs. Tytler, Agenda item No. 03 became Resolution No. 80-04: Amend Resolution No. 389-03, Sales Tax Agreement, City of Cortland and Rescind Resolution No. 406-03. Mrs. Tytler stated she felt a population based formula for distribution would better serve the county as a whole. Mr. Cornell thanked Chairman Steve, Mayor Gallagher and the City Council for accomplishing this so quickly this year.
On motion of Mr. Steve, seconded by Mr. Ross and adopted by all members present voting aye, Agenda item No. 04 became Resolution No. 81-04: Support State Assumption of Mandated Costs to Cortland County Taxpayers
On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 05 became Resolution No. 82-04: Support Restructuring Plan, Pension Fund
On motion of Mr. Steve, seconded by Mr. Allen and adopted by all members present voting aye, Agenda item No. 06 became Resolution No. 83-04: Authorize Agreement, Lime Hollow Nature Center
On motion of Mr. Steve, seconded by Mr. Allen and adopted by all members present voting aye, Agenda item No. 07 became Resolution No. 84-04: Authorize Agreement, Cortland County SPCA
On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 08 became Resolution No. 85-04: Authorize Agreements, Various Agencies to Promote Advantages of Cortland County Chairman Steve stated that none of the agencies involved have misused the money in any way. The agencies have all worked within the contracts that had been previously signed, however the interpretation of the law has brought to the attention to the County the intent of how the appropriated money should be used and the County is making this clear within the new contracts. Mrs. Brown asked why the funds that were designated to county agencies like Dwyer Park were not in this resolution. Chairman Steve stated the County does not have to sign a contract with itself. Mrs. Brown stated that she does not agree with the interpretation of the Chairman and the County Attorney and asked if an opinion could be gotten from the Attorney General’s Office. Chairman Steve noted that this is County Law. Mrs. Brown suggested that the County Law be changed to allow agencies to spend the allocated money as they like. Chairman Steve noted that State Law would supercede County Law in that case. Mrs. Brown again asked could a request by made for an opinion. Chairman Steve stated if the County Attorney felt that was necessary it could, however it was felt it was not necessary. Mr. Bardlsley stated he would provide a copy of State Law 1206-Section G. Mrs. Brown stated others had opinions also. Dr. DiGiovanni stated the reason for a County Attorney was to give opinions and he had done what he was required to do. Chairman Steve then closed debate and called the question.
On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 09 became Resolution No. 86-04: Authorize Agreement, Finger Lakes Library Association
On motion of Mr. Behrenfeld, seconded by Mr. Ross and adopted by all members present voting aye, Agenda item No.10 became Resolution No. 87-04: Authorize Agreement, Real Property Tax Services, OCE Scanner/ Printer
On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by a two-thirds roll call vote and all members present voting aye, Agenda item No. 11 became Resolution No. 88-04: A Resolution Authorizing the Reconstruction of the McGraw Marathon Bridge in and for the County of Cortland, New York, at a Maximum Estimated Cost of $780,000. and Authorizing the Issuance of $780,000. Bonds of Said County to Pay the Costs Thereof
On motion of Mr. Ross, seconded by Mr. Allen and adopted by all members present voting aye, Agenda item No. 12 became Resolution No. 89-04: Authorize Agreement, Planning Department (Cortland County Central New York Regional Planning & Development Board)
On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 13 became Resolution No. 90-04: Amend Budget, Health Department/ Jacobus Center for Reproductive Health ( Anna Hilton Estate Donation)
On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 14 became Resolution No. 91-04: Authorize Data Use Agreement, All County Agencies
On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, an amendment was made to Agenda item No. 15.
On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, except Mr. Steve voting nay, Agenda item No. 15 as amended became Resolution No. 92-04: Authorize Agreement, Health Department/Nursing Division (J. Vanesky, C.P.A.)
On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 16 became Resolution No. 93-04: Authorize Agreement, Health Department/ Nursing Division ( Preferred Provider Agreements)
On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye except Mrs. Brown, Mr. Hartnett, Mr. Tagliente, and Mrs. Tytler, Agenda item No. 17 became Resolution No. 94-04: Authorize Amnesty Day, Highway Department/ Solid Waste ( Municipal Cleanup) Mrs. Tytler asked if all the towns and villages use the landfill regularly. Mr. Allen stated that they do not all use the landfill. Chairman Steve stated this is for the betterment of the whole county.
On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda item No. 18 became Resolution No. 95-04: Urging Restoration of Full Funding to the Consolidated Highway Improvement Program (CHIPS), Highway Department
On motion of Mr. Allen, seconded by Mrs. Breed and adopted by all members present voting aye, an amended version of Agenda item No. 19 was substituted.
On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, substituted Agenda item No. 19 became Resolution No. 96-04: Urging the Support of the Critical Marchiselli Highway and Bridge Funding, Highway Department
On motion of Mr. Allen, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 20 became Resolution No. 97-04: Authorize Application/ Accept Grant Agreement from the Federal Aviation Administration and New York State Department of Transportation for Improvement Projects at Cortland County Airport, Highway Department/Airport
On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda item No. 21 became Resolution No. 98-04: Authorize Agreement, Area Agency on Aging ( Legal Services)
On motion of Mrs. Brown, seconded by Mr. Tagliente and adopted by all members present voting aye, Agenda item No. 22 became Resolution No. 99-04: Authorize Agreement, Area Agency on Aging ( Home Care for Cortland County, Inc.)
On motion of Mrs. Brown, seconded by Mr. Willcox and adopted by all members present voting aye, Agenda item No. 23 became Resolution No. 100-04: Accept Bids/ Authorize Purchase, Area Agency on Aging/Nutrition, Miscellaneous Groceries and Frozen Foods
On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda item No. 24 became Resolution No. 101-04: Authorize Application, Area Agency on Aging ( Retired and Senior Volunteer Program)
On motion of Mrs. Brown, seconded by Dr. DiGiovanni and adopted by all members present voting aye, Agenda item No. 25 became Resolution No. 102-04: Authorize Agreement, Area Agency on Aging ( Office of Mental Retardation/ Developmental Disabilities )
On motion of Mrs. Brown, seconded by Mr. Tagliente and adopted by all members present voting aye, Agenda item No. 26 became Resolution No. 103-04: Accept Grant/ Amend Budget, Department of E & T Grant Administration (Increasing Physical and Programmatic Access to the One-Stop System for Individuals with Disabilities)
On motion of Mr. Wern, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda item No. 27 became Resolution No. 104-04: Authorize Maintenance Agreement, Sheriff’s Department/ 911 Center ( Aether Systems, Inc.)
On motion of Mr. Wern, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 28 became Resolution No. 105-04: Amend Budget, Sheriff’s Department ( Forfeited Proceeds)
On motion of Mr. Wern, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda item No. 29 became Resolution No. 106-04: Amend Budget, Sheriff’s Department ( Child Passenger Safety Program )
On motion of Mr. Wern, seconded by Mr. Steger and adopted by all members present voting aye, Agenda item No. 30 became Resolution No. 107-04: Amend Budget, Sheriff’s Department ( Buckle Up New York )
On motion of Mr. Wern, seconded by Mr. Elston and adopted by all members present voting aye, Agenda item No. 31 became Resolution No. 108-04: Authorize Application for "Live Scan-Storage and Forward" Grant, Sheriff’s Department ( NYS Division of Criminal Justice Service)
On motion of Mr. Wern, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda item No. 32 became Resolution No. 109-04: Assigning Additional Duties to the County Coroners and Establishing Reimbursement Rates for Medical Transport Services
On motion of Mr. Wern, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda item No. 33 became Resolution No. 110-04: Authorize Agreement, TLC Emergency Medical Services, Inc., Coroner’s Office
On motion of Mr. Wern, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 34 became Resolution No. 111-04: Accept Grant/ Amend Budget/ Authorize Agreement, Youth Bureau ( Member Item Grant )
On motion of Mrs. Breed, seconded by Mr. Cornell and adopted by all members present voting aye except Mr. Ross voting nay, Agenda item No. 35 became Resolution No. 112- 04: Authorize Increase, Application for Pistol Permit Fee, County Clerk’s Office
Privilege of the Floor:
Chairman Steve granted privilege of the floor to Dr. Carl E. Haynes, President of Tompkins Cortland Community College. Dr. Haynes thanked the Legislature and Chairman Steve for the opportunity to share their 2002-2003 Annual Report with them and to detail some of their ideas. Dr. Haynes spoke about the fact the college has one major goal "learning and focus on the learner" with five areas of focus. Dr. Haynes stated the driving force is to make sure students receive the proper attention and services needed to achieve. Dr. Haynes noted that in 2000 they were the only college in New York State to be cited for being a learning champion. Dr. Haynes stated in 2003 the college realized they needed to renew their focus to that fundamental cause. Dr. Haynes then went on to discuss several areas of the report.
Announcements
Human Services and Judiciary and Public Safety Committee meetings are changed to April 1 at 7:30 and 10:00am. A thank you was extended to Dave Law for bringing the snow cross races to Cortland County.
Adjournment
On motion of Mr. Cornell, seconded by Mrs. Brown and all members present voting aye the meeting was adjourned at 7:25 pm.