Approved Minutes of Legislative Session: September 28, 2006, 6 PM Meeting
Meeting was called to order at 6:08 PM by Chairman Brown, followed by the Salute to the Flag.
Roll Call was taken by the Clerk with all members recorded as present.
The minutes of August 24, 2006 Legislative Meeting were unanimously approved.
A Proclamation that was read by the Clerk to declare October 23-31, 2006 as Red Ribbon Week to promote the Community’s efforts to reduce the use of alcohol, tobacco and other drugs. JoAnne Wickham, Chairman of the Cortland Area Communities that Care Board accepted the Proclamation from Chairman Brown.
A second proclamation was read designating the week of October 1-7, 2006 as Cornell Cooperative Extension Week and National 4-H Week in Cortland County. Chairman Brown presented the Proclamation to Syd McEvoy, Executive Director of Cooperative Extension and George Walter, President of the Board. Mr. Walter thanked the Legislature for the Proclamation and support and emphasized how 4-H has impacted so many lives. He extended an invitation to the open house at the “out-house” at the Fairgrounds next week.
Three agencies were recognized by Proclamation by declaring the month of October as Disability Employment Awareness Month: Access to Independence represented by Mary Ewing, Cortland Work Career Center, Judy Davidson and the J. M. Murray Center. Chairman Brown commended the agencies for promoting individuals with disabilities and said that Cortland is proud of the success of making accessible accommodations for all disabled individuals in the community. Judy Davidson thanked the legislature for their support and reminded them of the 4th Annual Disabilities Luncheon at the Holiday Inn on October 5th at noon. The new national theme is “You’re hired and success has no boundaries”. Mary Ewing added that they have added a new piece to their program; dependency mentoring day that is a coming up and also added her appreciation for the Legislature’s support.
PRIVILEGE OF THE FLOOR
Chairman Brown introduced Machell Phelps, Executive Director of the Sports Council to update the Legislature on their activities and successes to date, thanking the Legislature for their funding that comes from the Occupancy Tax Fund. Their partners are the City of Cortland, Cortlandville, CVB, the Chamber of Commerce, City and County Youth Bureaus and the Cortland area Innkeepers. Additionally they are working with both the Starr Road project and the Sports Complex to identify sporting opportunities that include overnight stays. The economic impact to date is $1,110,236 and there are four events remaining. It is projected that there will be no problem exceeding last year’s total of 1.3 million dollars. We not only bring events into Cortland County such as the Lumberjack event, we support others like the Sr. Games, Brine Upstate Lacrosse League and own contractual rights to NYSPHSAA Girls Lacrosse and Soccer Championships. We impact the economy locally by our purchasing of promotional materials also. The plans for the future (2007) are outlined in the packets provided, pointing to the increase in the number as well as the diversity of events. She concluded by thanking the Legislature for their past support and asked for the continued investment in the Sports Council through the Occupancy Tax Fund.
RECEIVE & FILE
On the motion of Mr. Williams, second by Mr. Armstrong, IDA/BDC Annual Report was received and filed, all members voting aye.
RESOLUTIONS
On the motion of Mr. Hartnett, second by Mr. Tagliente and all members voting aye, except Mr. Armstrong, Mr. Ross and Mr. Willcox voting nay, introduced a motion to reconsider defeated agenda item Authorizing Agreement/Amend Budget J. M. McDonald Sports Complex was moved to the floor. Mr. Hartnett said he was not at the meeting to vote on this and believed that the Sports Compex should be awarded the monies.
Mr. Williams
requested a copy of the resolution; Angie Wyatt, Secretary gave all
legislators a copy of the resolution. Ms. Breed said that the Sports Complex
is indeed a benefit to the community however, this is coming out of the
reserve and she doesn’t think it is proper. They have been allocated money
through the Convention and Tourism Council and should apply through the budget
process for this coming year and not by bypassing the committee. Chairman
Brown asked which committee she was referring to. Ms. Breed answered the
Occupancy Tax Committee. Chairman Brown asked if she meant the Convention and
Tourism Board and continued stating that in the 2006 budget proposal that Mr.
Dempsey presented the amount of $35,000 for the Sports Complex. We gave them
$7,500 at that time so we are still under the request they initially asked
for. This is out of the reserve, it is from the Occupancy Tax money. Ms. Breed
stated that the resolution says it comes from the reserve fund. Mr. Ross said
this is not fair, that he had just received this and hasn’t had a chance to
discuss this. Chairman Brown said that it was discussed at the last meeting;
it is the same resolution that was considered last month. Mr. VanDee said it
is a reconsideration of a previous resolution. Mr. Williams said he has no
problem funding the Sports Complex only in the way it is being done. We are
setting a very uncomfortable precedent that any group can come directly to us
when they don’t get what they want and come back again. He suggested they
(the Sports Complex) go back to the Convention Bureau and request again
through the proper channels. Chairman Brown questioned why they should go back
when the Bureau already requested $35,000 for them. The Legislature has the
final say as to how this money is spent and distributed. Mr. Williams said he
understands that however there is a process in place to distribute these funds
and now we are bypassing that process. It opens this up to other groups who
don’t get what they want and use the back door method. Why do we even have a
process in the first place? Chairman
Brown responded that if other groups come forward with a need and we have the
funds it should be a prerogative to come to the Legislature for these funds.
Mr. Armstrong asked why were they only given $7,500. The Chairman said that at
the time we did not know how much money we were going to have during the year.
Ms. Price said that possibly Machell Phelps could help answer some of these
questions. Also, in answer to Ms. Breed she said that the resolution clearly
states that the money comes from the Occupancy Tax Fund. This has brought to
our attention that we really need to take a closer look at the process we use
to award the Occupancy Tax monies. Chairman Brown added that she thinks it
needs to be clarified that the Legislature has the right to distribute these
funds. Mr. Willcox said he was bothered that there was no opportunity to
discuss this in caucus. Chairman. Brown said it can’t be handed out or
discussed until it is agreed to reconsider the resolution. We all looked at it
and discussed it last month. That’s the way the procedure goes. Mr. Williams
called for a roll call vote. Adopted by Mr. Armstrong, Mr. Clark, Mr. Dafoe,
Mr. Daniels, Mr. Hartnett, Ms. Price, Mr. Spaulding, Mr. Tagliente, Mr. Troy,
Ms. Tytler, Mr. VanDee, Ms. Brown voting aye, and Ms. Breed, Mr. Cornell, Mr.
McKee, Mr. Ross, Mr. Steger, Mr. Willcox and Mr. Williams voting nay, Motion
for Reconsideration became Resolution
No. 320-06: Authorize Agreements/
Amend Budget Cortland County (J. M. McDonald Sports Complex).
Ms. Breed asked if a person who wasn’t here can make a motion to reconsider. Chairman Brown said yes, that the prevailing side gets to do this. The County Attorney said there is a provision for people who were not here to reconsider the vote also. Ms. Breed asked where it is stated. Mr. VanDonsel answered Article 12, Section 10.
On the motion of Mr. VanDee, second by Mr. Troy and adopted by all
members voting aye, Agenda Item No. 1 became Resolution No. 321-06: Authorize Cancellation Of
Delinquent Tax Lien.
On the motion of Mr. VanDee, second by Mr.
Spaulding and adopted by all members voting aye, Agenda Item No. 2 became
Resolution No. 322-06: Awarding Proposal for
the Administration of the Cortland
County Internal Revenue Code, Section 457 Deferred Compensation Retirement
Plan and Authorizing Agreements with Nationwide Retirement Solutions,
Nationwide Financial Services Inc. and Nationwide Trust Company in Furtherance
Thereof.
On the motion of Mr. VanDee, second by Mr. Cornell, Agenda No 3 was
introduced. Mr. Armstrong said he thought this is a good idea but that we need
to look at ways to help Cortlandville with their infrastructure. Ms. Price
thanked all who served on the negotiating team. A roll call vote was taken
with Mr. Armstrong, Mr. Clark, Mr. Cornell, Mr. Dafoe, Mr. Daniels, Mr.
Hartnett, Mr. McKee, Ms. Price, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr.
Troy, Ms. Tytler, Mr. VanDee, Ms. Brown voting aye and Ms. Breed, Mr. Ross,
Mr. Willcox and Mr. Williams voting nay, Agenda No. 3 became Resolution No.
323-06: Sales Tax Agreement / City Of Cortland.
On the motion of Mr. Clark, second by Ms. Breed and adopted by all members voting aye, Agenda Item No. 4 became Resolution No. 324-06: Authorize Agreements/Accept Funds Health Department/Administration/Special Programs Breast & Cervical Cancer Early Detection Program.
On the motion of Mr. Clark, second by Mr. Armstrong and adopted by all members
voting aye, Agenda Item No. 5 became Resolution No. 325-06: Authorize
Agreement/Accept Funds Health Department Indoor Radon Grant.
On the
motion of Mr. Clark, second by Mr. Daniels and adopted by all members voting
aye, Agenda Item No. 6 became Resolution No. 326-06: Abolish/Create Mental Health Department Senior
Account Clerk/Medical Services Clerk.
On the motion of Mr. Clark, second by Mr. Troy, Agenda No 7 was introduced.
Ms. Breed said that you know what my comment is. Ms. Brown answered yes, and
we will look at maintenance contracts next year. Adopted
by all members voting aye, Agenda
No. 7 became Resolution No. 327-06: Authorize Agreement Health
Department/Administration (Laser Printer Maintenance).
On the motion of Mr. Tagliente, second by Mr. Hartnett, Agenda No. 8 was introduced.
Mr. Willcox said he is all for the T-Hangars but has a problem paying for them out of the fund balance. He said that bonding should be used for projects that should last 50 years.
Mr. Williams agreed and said there are more creative ways
to fund this rather than dipping into our fund balance which is our rainy day
fund. Ms. Brown said there is a waiting list of at least 16 people. In my
opinion this is an investment in the future. To bond cost money and airports
are a growing need in any community that wants to grow.
Mr. Williams said he is not opposed to the hangars, not
opposed to growth and not opposed to the airport. If we put that money in an
investment account we could make more money over 20 years than from the rental
of the T-Hangars. Ms. Brown said it was her understanding that the income from
the T-Hangars will be $24,000 a year. She called Mr. Buerkle, Airport Manager to the podium to explain
further. Mr. Buerkle stated that the lease rate was set last month by the
Legislature at $200. per month which amounts to $24,000 annually. In addition
to this there will be five new aircraft at the airport with this project,
which means 5 more fuel buyers. We received an email from Mr. Jones stating
that Skaneateles is willing to break ground next month for additional
T-Hangars. If we don’t move forward we will be loosing these people to
Skaneateles. We have worked very hard for two years and are now at a turning
point. I would like to see the airport continue to grow as an asset to the
County’s future. Mr. Williams asked if any other funding streams have been
explored. Mr. Buerkle replied he hasn’t found any investors willing to fund
this and even if we did the County would loose on a land lease. This has been
done in the past and the leaser discovered if wasn’t feasible and we bought
the investment. Mr. Daniels said he has had discussions with Scott Schrader
regarding the bonding issue and he is willing to combine this with other
projects down the road so bonding is an option in the future of this project.
Ms. Price said that this project is approximately 15 years in the making. It’s
exciting to see a dream become a plan and now a reality. It may be possible to
put the money in an interest bearing account to save money however it
government’s responsibility to move forward on this. Ms. Breed said that it
appears it will be about an 18-year period for the County to recoup this
money. When you add repairs and maintenance expenses, it further extends the
time period. Mr. Willcox said he still disagrees that taking money from the
levy limits that money at budget time. I think bonding is the answer and we
need to bundle other projects with this. Chairman Brown called for a Roll Call
vote with Mr. Armstrong, Mr. Clark,
Mr. Cornell, Mr. Dafoe, Mr. Daniels, Mr. Hartnett, Mr. McKee, Ms. Price, Mr.
Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Tytler, Mr. VanDee, Ms.
Brown voting aye and Ms. Breed, Mr. Ross, Mr. Willcox and Mr. Williams voting
nay, Agenda No. 8 became Resolution No. 328-06: Authorize
Project to Construct T-Hangar Cortland County Airport Highway Department.
On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all members voting aye, Agenda Item No. 9 became Resolution No. 329-06: Soil & Water Conservation District River Clean-Up Highway Department/Landfill.
On the motion of
Mr. Tagliente, second by Ms. Price and adopted by all members voting aye,
Agenda Item No. 10 became Resolution No. 330-06: Transfer Funds
Highway Department.
On the motion of Ms. Price, second by Mr. Armstrong and adopted by all members
voting aye, Agenda Item No. 11 became Resolution No. 331-06: Amend
Budget Area Agency on Aging (Expanded In-Home Services for the Elderly Program
- EISEP).
On the motion of Ms. Price, second by Mr. Armstrong and adopted by all
members voting aye, Agenda Item No. 12 became Resolution No. 332-06:
Amend Budget