Cortland County Legislature

Approved Minutes of December 8, 2005 - 3rd Day of Annual Session – 6:00 p.m.

 

PUBLIC HEARING

Chairman Steve opened the Public Hearing at 6:08 p.m.  He reviewed the procedure and read the rules the Public Hearing would be conducted under.  He asked if there were any questions regarding the rules?  With no questions regarding the rules, he asked the Clerk to read the Legal Notice as published in the Cortland Standard regarding the Consideration of Tentative Budget for the fiscal year January 1, 2006 to December 31, 2006.  Chairman Steve asked three times if there was anyone present wishing to speak in favor of the 2006 Tentative Budget.  He asked three times if there was anyone present wishing to speak in opposition of the 2006 Tentative Budget.  With no one present wishing to speak, Chairman Steve closed the Public Hearing at 6:10 p.m. 

Chairman Steve called the meeting to order at 6:11 p.m. and led the Salute to the Flag.

The Clerk called the Roll and all members were recorded as present.

On motion of Mr. Cornell, seconded by Mr. Steger and approved by all members present voting aye, the minutes of November 14, 2005 were approved as printed.

 On motion of Mr. Cornell, seconded by Mrs. Brown and approved by all members present voting aye, the minutes of November 17, 2005 were approved as printed.

 PRIVILEGE OF THE FLOOR

 Chairman Steve introduced Dr. Carl Haynes, President of Tompkins Cortland Community College to give a brief update regarding the TC3 Master Plan.  Dr. Haynes thanked the Legislative body for allowing time for this and introduced Mr. Robert Joy, lead architect representing Joy, McCoola and Zilch, Architects and Planners.  Mr. Joy did a power point presentation to update the Legislature regarding the revisions to the TC3 Master Plan. The original Master Plan the collegeis working within was established five years ago and as they proceed changes have been brought forward needing to be addressed.  Those changes have been included in the presentation that will follow. There is a constant need for changes and improvements to facilities, as community colleges move forward to address the needs of their students and to stay marketable.  TC3 has seen an increased growth in student population and therefore the need for facility changes has occurred.  Chairman Steve thanked Mr. Joy and Dr. Haynes for being available tonight and asked if there were any questions regarding the revisions to this project?  There were no questions.  Dr. Haynes  thanked the Legislators again for allowing the time for this presentation and for continually supporting the college.

 Chairman Steve moved Agenda Item No. 5 to the beginning for action to be taken stating the Dr. Haynes has a TC3 Board meeting to attend that has already started.

 On motion of Mr. Behrenfeld, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No. 5 became Resolution No. 371-05: Approval of Tompkins Cortland Community College Campus Master Plan Amendment

  RECEIVE AND FILES

 On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, the Tobacco Securitization Information:  Sale Proceeds, Redemption and Amortization Schedules was ordered received and filed.

 REPORT

 On motion of Mr. Cornell, seconded by Mr. Elston and adopted by all members present voting aye, the  Report of Unpaid School Taxes by School Districts for the year 2005 – Treasurer’s Office was ordered received and filed.

 On motion of Dr. DiGiovanni, seconded by Mr. Williams and adopted by all members present voting aye, the Report of Unpaid School Taxes by Towns for the year 2005 – Treasurer’s Office was ordered received and filed.

 On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, the Report of Unpaid Villages Taxes by Villages – Treasurer’s Office was ordered received and filed.

 On motion of Mr. Armstrong, seconded by Mr. Elston and adopted by all members present voting aye, the Report of Town General & Highway Taxes for 2006 – Real Property Tax Services was ordered received and filed.

 On motion of Mr. Armstrong, seconded by Mr. Elston and adopted by all members present voting aye, the Report of Special District Taxes for 2006 – Real Property Tax Services was ordered received and filed.

RESOLUTIONS

 On motion of Mr. Steve, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda No. 1 became Resolution No. 372-05: Set Date for 2006 Organizational Meeting, Cortland County Legislature    

 On motion of Mr. Steve, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda No. 2 became Resolution No. 373-05: Appoint Member Cortland County Planning Board                                     

 On motion of Mr. Behrenfeld, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No. 3 became Resolution No. 374-05: Authorize Agreement, Real Property Tax Services, OCE Scanner/ Printer

 On motion of Mr. Behrenfeld, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 4 became Resolution No. 375-05:  Abolish/ Create, Real Property Tax Services, Real Property Assessor/ Assistant Real Property Assessor (Part-time, 21 hrs/wk)           

 On motion of Mr. Behrenfeld, seconded by Mr. Armstrong, and adopted by all members present voting aye except Mr. VanDee voting nay, Agenda No. 6 became Resolution No. 376-05: Revise 2006 Tentative Budget                                                                       

 On motion of Mr. Behrenfeld, seconded by Mr. Cornell, Agenda No. 7 was moved to the floor for discussion.  On motion of Mr. Steve, seconded by Mrs. Breed a proposed amendment decreasing  Expenditure Account lines A19905.54775 – Contingency by $23,400.  and A60105.56101 – Medical Assistance by $220,000. and increasing  Expenditure Account lines A35105.54820 – SPCA by $18,4000., A74105.54830 – Library by $5000., A60105.54083  - Misc. Support Services $220,000., and A10105.54055 – Professional Services  and increasing Revenue Line A35104.41113 was adopted by all members present voting aye. On motion of Mr. Steve, seconded by Mr. Armstrong an amendment decreasing account A19905.54775 – Contingency by $50,000. and increasing Expenditure Account A64204.54825 – BDC (Grow Cortland) by $50,000. was adopted by all members present voting aye.  Agenda Item No. 7 as amended  and  with the number being added for the total tax levy of  $23,706,994. was adopted by all members present voting aye except Mr. VanDee voting nay and became Resolution No. 377-05: Adopt 2006 County Budget.

 On motion of Mr. Behrenfeld, seconded by Mr. Cornell  and adopted by all members present voting aye, Agenda No. 8 became Resolution No. 378-05: Authorize Accounts Payable Year End Adjustments to 2005 Budget           

 On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 9 became Resolution No. 379-05: Amend 2006 Budget to Reflect State Administered Non Property (Sales Tax) to Reduce Real Property Tax Levy                                       

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No.10 became Resolution No. 380-05: Levy County Tax, City of Cortland                                                                     

On motion of Mr. Behrenfeld, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No.11 became Resolution No. 381-05: Fix Date to Sign Warrants                                                                               

On motion of Mr. Behrenfeld, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No. 12 became Resolution No. 382-05: Levying Town Special District Taxes                                                            

On motion of Mr. Behrenfeld, seconded by Mr. Steger and adopted by all members present voting aye, Agenda No. 13 became Resolution No. 383-05: Levy Town General and Highway Taxes                                                 

On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda No. 14 became Resolution No. 384-05: Levying Water Charges – Town of Scott                                                            

 On motion of Mr. Behrenfeld, seconded by Mr. McKee and adopted by all members present voting aye, Agenda No. 15, became Resolution No. 385-05: Levying Water Charges – Town of Cincinnatus                                        

 On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda No. 16  became Resolution No. 386-05:

Levying Water Charges – Town of Cortlandville                                      

 On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 17 became Resolution No. 387-05: Levying Water Charges – Town of Harford                                                          

 On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No.18 became Resolution No. 388-05: Levying Sewer Charges – Town of Cortlandville                                      

 On motion of Mr. Behrenfeld, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 19 became Resolution No. 389-05: Levying Sewer Charges – Town of Cuyler                                                            

 On motion of Mr. Behrenfeld, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 20 became Resolution No. 390-05: Levying Sewer Charges – Town of Virgil                                           

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 21 became Resolution No. 391-05:  Levying Demolition Fee – Town of Virgil                                                  

 On motion of Mr. Behrenfeld,  seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No.22 became Resolution No. 392-05:

Pharmaceutical Litigation Demonstration Project                                            

 On motion of Mr. Behrenfeld, seconded by Mr. Ross and adopted by all members present voting aye, Agenda No. 23 became Resolution No. 393-05: Authorize Agreement, Cortland County SPCA                                                

On motion of Mr. Ross, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 24 became Resolution No. 394-05: Amend 2005 Budget, 5311 STOA Program, Planning Department               

 On motion of Mr. Ross, seconded by Mr. Steger and adopted by all members present voting aye, Agenda No. 25 became Resolution No.  395-05: Amend 2005 Budget, Planning Department (Transit Buses)                        

 On motion of Dr. DiGiovanni, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 26 became Resolution No. 396-05: Amend Resolution 252-05, Authorize Agreement-Health Dept./ Jacobus Center for Reproductive Health (ZAP)             

 On motion of Mr. Cornell, seconded by Mr. Elston and adopted by all members present voting aye Dr. DiGiovanni was allowed to abstain on Agenda Item No. 27.  

On motion of Mr. McKee, seconded by Mr. Cornell and adopted by all members present voting aye except Dr. DiGiovanni abstaining, Agenda No. 27 became Resolution No. 397-05: Authorize Agreement/Accept Funds-Health Dept./Jacobus Center (State Grant)                                                                                                

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No. 28 became Resolution No. 398-05: Extend Agreements-Health Dept./Nursing Division (Contracted Services)        

 On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 29 became Resolution No. 399-05: Amend Resolution 272-05, Authorize Agreement-Health Dept./ Nursing Division (Beacon Resource Group)                                                 

On motion of Dr. DiGiovanni, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 30 became Resolution No. 400-05: Authorize Agreements, Mental Health Dept. (Several Agencies, Departments, Etc.)                                                   

 On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 31 became Resolution No.  401-05: Authorize Agreements, Mental Health Dept. (Mental Health Services)        

 On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 32 became Resolution No.402-05: Authorize Agreement, Mental Health Dept. (Intensive Case Management)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 33 became Resolution No. 403-05: Authorize Re-appointment Public Health Director, Health Department

 On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda No. 34 became Resolution No. 404-05:  Authorizing to Bond for Highway Department 2006 Highway Capital Improvement Plan Highway Department                                                   

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda No. 35 became Resolution No. 405-05: Authorization to Bond for Highway Department Equipment, Highway Department                                                                           

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 36 became Resolution No. 406-05: Authorize Agreement/Environmental Monitoring, Highway Department/Landfill                                                 

 On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, except Mrs. Tytler and Mr. VanDee voting nay, Agenda No. 37 became Resolution No. 407-05: Authorize Agreement Highway Department, Recycling Center  (J.M. Murray Center – Recycling Sorting Service)  Mrs.Tytler stated she believes these persons could become County employees.      

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 38 became Resolution No. 408-05:  Transfer Funds, Highway Department                                                   

On motion of Mr. Allen, seconded by Mr. Willcox and adopted by all members present voting aye, Agenda No.39  became Resolution No. 409-05: Authorize Superintendent of Highways to Prepare and Submit a  NYS DEC Solid Waste Permit Application for Tire Shredding Operations Highway Department/ Landfill

 On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 40 became Resolution No. 410-05: Amend 2005 Budget, Highway Department                                                   

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, except Mr. Ross voting nay, Agenda No. 41 became Resolution No. 411-05: Approve Airport Master Plan, Cortland County Airport – Chase Field, Highway Department                                                                                        On motion of Mr. Allen, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No. 42 became Resolution No. 412-05: Approve the 2006-2010 Five Year Capital Plan and Establishing a Capital Reserve in Relation Thereto                                                                      

On motion of Mr. Elston, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 43 became Resolution No. 413-05:  Amend 2005 Budget/ Transfer Funds, Sheriff’s Department/ Jail, Personal Services                                                                                             

On motion of Mr. Elston, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 44 became Resolution No. 414-05: Authorize Agreement, Amend Budget, Child Passenger Safety Program, Sheriff’s Department                                                                                       

On motion of Mr. Elston, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 45 became Resolution No. 415-05: Amend Resolution No. 211 of 1983, Fire Investigation Team, Cortland County, Fire and Emergency Management                                     

On motion of Mrs. Brown, seconded by Mr. Willcox and adopted by all members present voting aye, Agenda No. 46 became Resolution No. 416-05: Accept Bids/Authorize Purchase, Area Agency on Aging, Nutrition, (Miscellaneous Groceries and Frozen Foods)

On motion of Mrs. Brown, seconded by Mr. Willcox and adopted by all members present voting aye, Agenda No. 47  became Resolution No. 417-05: Accept Bids/Authorize Purchase, Area Agency on Aging, Nutrition, Paper Goods and Maintenance Supplies                                                         

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 48 became Resolution No. 418-05: Authorize Agreements, Area Agency on Aging (Several Agencies, Departments, Etc.)                                                   

 On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda No. 49 became Resolution No. 419-05: Authorize Agreements, Department of Social Services (Day Care Services)                                                                                            

 On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda No. 50 became Resolution No. 420-05:  Authorize Agreements, Department of Social Services (Foster Care)                                                                                                 

 On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 51 became Resolution No. 421-05: Authorize Agreements, Department of Social Services (Several Agencies, Departments, Etc.)                                                   

 On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda No. 52 became Resolution No. 422-05: Authorize Agreements, Department of Social Services (Work Experience Work Sites)                                                               

 On motion of Mrs. Breed, seconded by Mrs. Brown and adopted by all members present voting aye except Mr. Allen, Dr. DiGiovanni, Mrs. Breed and Mr. Steve voting nay, Agenda No. 53  became Resolution No. 423-05: Revise Health Insurance Rates for the Cortland County Employees’ Health Benefits Program

Mr. VanDee said he has not had the plan long enough to be able to understand it and discuss it therefore doesn’t know whether it is a good one or a bad one. He asked when it came was in its final form?  Chairman Steve said it was completed yesterday and acted on at the Personnel Committee.  There some big increases in the salary plan.  He is not sure he will be able to support it because of the short time to gather information.  Mrs. Brown said there have been many meetings regarding this and much effort to come up with what is before the body.  She believes the managers and management personnel have been working very hard for the County and thinks they deserve to have increases in their salaries.  Mrs. Breed agrees with Mr. VanDee and Mrs. Brown.  She said they have only been meeting over the past couple of months.  She is not comfortable with what is being voted on therefore feels they should not rush this. She would like what the finished plan be absolutely correct.  She does agree that the employees deserve raises however she has a concern with the plan being adopted binding the County for retirees Health Insurance benefits and for that reason will not be supporting this tonight.  Mrs. Brown said the Health Insurance benefits are part of this policy and it can be changes at a later date.  She feels this is what needs to be addressed tonight and it can be changes at a future time if needed.  Mr. Elston would like to see this acted upon tonight to reward all the County management that have worked hard over the last two years that have not seen an increase in their salaries.  Chairman Steve said the large numbers for increases that are seen in the schedule are due to the MSD study that was done and trying to bring job descriptions into line with salaries.  He does have some concerns with the plan, however feels it needs to be acted upon tonight to allow raises to be given to the many Department Heads and management personnel who have and continue to give so much for this County.  The plan itself can be revisited to address any concerns by the Legislature.

 On motion of Mrs. Breed, seconded by Mr. Elston  and  adopted by a two-thirds roll call vote with all members present voting aye except Mrs. Breed, Mr. Dafoe, Mr. VanDee and Mr. Willcox voting nay, Agenda Item No. 54 became Resolution No. 424-05: Adopt Management/ Management Compensation Employment Policy, Rescind Resolution No. 557-87  

Chairman Steve said he would like to recognize some of the members of this body.   Mr. Bardsley had attended caucus and a thank you had been extended to him for the service he has provided over the last two years.  He will be receiving a plaque.  Mr. Bardsley has certainly gone above and beyond by bringing some new procedures and ideas to the Legal Department.  It is a thankless job and there certainly is a great deal of work to be done within the County Attorney’s Office.  He would appreciate if everyone would be sure to extend their appreciation to Mr. Bardsley.

 He stated for all the people that are leaving and all that will remain it has been a pleasure for him to serve.  The accomplishments over the last two years have been many and it can’t be attributed to any one group and any one person.  It was a concerted effort by this Legislative body to move forward. There have been many changes that have occurred including within the body itself, with Mr. VanDee and Mr. Williams joining during the two-year term. The County Administrator position was a relatively new one that needed to be adjusted and defined.  He thanked the Department Heads that have stood up to do what was right for the County and be a part bringing the County back into a financially stable position. He noted there have been many successes and there have also been many trials that occurred over the last two years. 

 Chairman Steve called Mr. Behrenfeld, Chairman of Budget and Finance, to come forward, thanked him and presented a plaque for his service.  Mr. Behrenfeld thanked Dr. DiGiovanni, his deputy chair, and the whole committee for their hard work. He thanked Mr. Schrader for helping to make the budget a document that could be understood.  He believes that collectively they  did a fine job and made a great deal of progress in the past two years.  He thanked the Department Heads for their help in moving the County forward and getting the finances back in order.  Mrs. Breed thanked Mr. Behrenfeld and Mr. Schrader for  their hard work on the budget process and creating a format that made working with it  much easier.

 Chairman Steve called Mr. Allen, Chairman of Highway, to come forward, thanked him and presented a plaque for his service. He noted that through his lobbying efforts in Albany and Washington, Cortland County has received funding for projects at an unprecedented level.  Mr. Allen thanked everyone, stating it has been his pleasure to serve the constituents of Cortland County by working with this group.  There have been some exciting accomplishments, for example acquiring 50% funding for the Cold Brook project from Senator Seward and the 50 % from the Governor’s Offices. He encouraged the new group to continue to lobby hard for funding for Highway projects to improve the County highway system.  Mrs. Breed thanked Mr. Allen for all his lobbying efforts on behalf of Cortland County.

 Chairman Steve called Mr. Elston, Chairman of Judiciary and Public Safety Committee, to come forward, thanked him and presented a plaque for his service.  He stated that as a freshman Legislator, Mr. Elston learned very quickly what the issues were and moved forward to address as many as possible.  Since assuming the Chairmanship of the JPS committee several concerns have been resolved.  Mr. Elston thanked everyone and said he certainly had enjoyed his time of service and had learned a great deal while here.  Mr. Elston asked the incoming Legislature to please not raise the Constitutional Tax limit.

 Chairman Steve called Dr. DiGivovanni, Majority Leader and Chairman of the Health Committee, to come forward, thanked him and presented a plaque for his service.  He said the two have been friends since they moved to Cortland, therefore the past two years have been more than just working together at the County.  Dr. DiGiovanni has many fine qualities and they certainly were attributes to his leadership while serving. Dr. DiGiovanni thanked everyone, stating it has been a pleasure and honor to serve the community and to be part of making changes to improve the County of Cortland. He encouraged the new Legislature to continue to move forward and be willing to ask the hard questions when necessary to allow them wise decision making ability.

 Chairman Steve called Carletta Edwards, Clerk of the Legislature, to come forward, thanked her and presented her with a plaque for her service.  Ms. Edwards thanked everyone and said it has been a pleasure to work with everyone.

 Dr. DiGiovanni came forward, thanked Chairman Steve and presented him with a plaque for his service.  He said he is very proud of what Chairman Steve has done. He is a wonderful friend.  He is sorry for what he had to endure to do the job but he will forever be proud of what he was able to accomplish.  Mr. Willcox said he has been ever so proud to work with Chairman Steve and Dr. DiGiovanni over the past two years.  Mrs. Breed stated she is proud of what Chairman Steve accomplished with the Legislative body for the County over the past two years and thanked him for his time and efforts.

 Chairman Steve invited everyone to join him in 304 for a party.

 ADJOURNMENT

 Mr. Elston made a motion to adjourn at 7:05 p.m.

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