Approved Minutes of Legislative Session: April 27, 2006 6 PM Meeting

Meeting was called to order at 6:14 PM by Chairman Brown followed by the Salute to the Flag.

Roll Call was taken by the Clerk with all members recorded as present with the exception of Mr. Cornell excused and Mr. Williams marked as absent.

The minutes of  March 23, 2006 Legislative Meeting were unanimously approved.

A Proclamation was read by the Clerk declaring May 2006 as Foster Parent Month. Chairman Brown asked Commissioner of Social Services, Kristen Monroe and foster parent, Marian Tallman to the podium stating that Ms. Tallman and her husband started back in 1968 caring for 199 children in their home over the years, as well as having 4 children of their own. Ms. Tallman accepted the honor on behalf of all Foster parents stating it has been a joy to work for this County. Commissioner Monroe went on to say that the program presently has 104 children in foster care, 80 in Cortland County homes. The Tallmans are the longest term foster home in the County. A dinner is scheduled on May 5^th and she invited all who wish to attend to honor all of our foster patents. Mr. VanDee and Ms. Price added their personal experiences and appreciation for the Tallmans.

Applause from the entire legislature.

A Proclamation was read by the Clerk declaring Soil and Water Stewardship Week as April 30 to May 7, 2006. The Chairman called Amanda Barber, District Manager of the Cortland County Soil and Water Conservation District to the podium, commending the work of this agency to oversee our soil and water management in Cortland County. Ms. Barber thanked the Legislature and announced several upcoming activities in May, especially the Open House scheduled for May 1^st celebrating 60 years of the agency. She thanked the Legislature for their support, especially Mr. McKee and Mr. Steger as members of their Board of Directors as well as Ms. Price as past director.  A second Proclamation, Water Awareness Week as May 7 to May 13, 2006 was read by the Clerk. The Chairman commented about the wonderful water we have in our area and presented the Proclamation to Ms. Barber. Ms. Barber stated this should be celebrated year round and  accepted this on behalf of other agencies, the Health Department, the Water Board, Cornell Cooperative Extension, the Water Quality Coordinating Committee as well as other agencies supporting clean water. Ms Price stated that the water is so good in our County that it is bottled in Harford, New York at the Harford Glen Water Plant. Ms. Tytler added her appreciation of Ms. Barber’s contribution to the Planning Committee.

A Proclamation was read by the Clerk declaring May 2006 as Teen Pregnancy Prevention Month. The Chairman stated that this agency started in 1991 and has been instrumental in reducing the incidence and costs of teenage pregnancy in Cortland County. She invited Cindy Grey, ZAP Coordinator to receive the Proclamation. Ms. Grey thanked the Legislature for being their support system and outlined a variety of events taking place in May which will include a luncheon at the end of the month to celebrate their 15 years. Legislators will be receiving invitations shortly.

A Proclamation was read by the Clerk declaring May 6 to 12, 2006 as National Nurses Week. The Chairman remarked that we forget the importance of nursing services until we need them. Over 100 people daily receive our services avoiding many individuals being placed in nursing homes and rehabilitation facilities.  Jackie Gailor, Public Health Director accepted the proclamation thanking the Legislature and the entire third floor for their support at a time when we are experiencing low staffing that has impacted our hard working nurses. Our nurses are county employees out there on the front line.

 On the motion of Mr. Tagliente, second by Ms. Price, 2005 Annual Report-Cortland County Clerk was received and filed.

On the motion of Ms. Breed, second by Mr. Tagliente, Annual Financial Report-Update Document for the County of Cortland for the Fiscal Year End 12/1/05-Treasurer’s Office was received and filed. Ms. Breed congratulated the Treasurer’s office on getting this report done in a timely manner.

On the motion of Ms. Price, second by Mr. Armstrong, 2006 First Quarter Sales Distribution Report was received and filed.

Chairman Brown announced that she had given the Majority and Minority Leaders a copy of a report from the Comptroller’s Office concerning Property Taxes in New York State. Coincidentally this came at the same time that the County Administrator was preparing a requested quarterly report to the Legislature by the Chairman. She turned the meeting over to Mr. Schrader. Referring to his report on the desks of the Legislators, he said the report provides a breakdown of the 2006 budget as it relates to mandated and non-mandated services. The mandated portion, where the County has no control, totals 49.5 percent of our tax levy. Out of 23.7 million dollars, half goes to mandated programs. Social Service programs alone account for 44.6 percent of our levy.

When you factor in the next two pages where we have some control, i. e. fixing salaries and fringe benefits, there is another 35 percent totaling 85 percent to the tax levy. Therefore when you hear media reports that blame the counties; it is the State that is responsible. Twenty per-cent of the levy goes for discretionary roads and bridges and quite frankly that isn’t enough.

Mr. Schrader disputed the report that the County levy has increased 60 per cent; it is more likely that is the combined tax levy of all municipalities in the County. In the past two years we have done a very good job at maintaining the status quo as it relates to the levy. We now have some control over our Medicaid cost avoidance. Our goal is to put back some of that money into discretionary funds.

Mr. Willcox asked if assets under cash is synonymous with fund balance. Mr. Schrader said no, the cash is the actual cash on hand and the fund balance is listed on page 4. We actually ended the year better than we expected in 2005 and contributed to the fund balance by about 2 million dollars giving us more flexibility. He cautioned legislators to remember last year when we took in less sales tax than projected. We have to be careful how we keep track of sales tax records for the remainder of the year as there are concerns with rising fuel costs that presently is compensated by the sales tax but we don’t know how long that will hold. The more disposable income going for taxes and gas costs the less we will have for commodities of an individual.

Mr. Ross stated he would like to thank the Sports Complex for bringing in the extra sporting events that add to our sales tax tremendously and they are doing an excellent job.

On the motion of Ms. Price, second by Mr. Troy and all members voting aye, two special articles were moved to the floor for consideration.

On the motion of Ms. Brown, second by Ms. Price and adopted by all members voting aye, Ms. Breed voting nay, Special Article No. 1 became Resolution No. 168-06: Appoint Members Cortland County Traffic Safety Board.

On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting aye, Special Article No. 2 became Resolution No. 169-06: Amend Budget Authorize Agreement Purchase of K-9 Cortland County Sheriff Department.

Chairman Brown moved Agenda No. 25 to be the next item for consideration.

On motion of Mr. McKee, second by Mr. Troy Agenda No. 25 was introduced.    Ms. Breed stated that she didn’t think this was necessary as it would be much simpler to create the position of Vice Chairman and have that filled for a two-year term. This takes away recourse from the caucus. Mr. Willcox asked the County Attorney if passing this, do I give up recourse as a member of the minority caucus. Mr. VanDonsel responded that recourse for removal will be forfeited. Mr. Willcox then asked if the position of Vice Chairman would satisfy the legal end and still give me recourse? Mr. VanDonsel said that both are legal methods to proceed. Mr. Willcox stated to the Chairman that his comfort level would be with the latter. Mr. Armstrong asked if at the present time, is not the minority leader for two years? The Chairman responded yes. Mr. Armstrong then asked if this was just for the majority leader? The Chairman said both are for two years. Mr. Armstrong responded, “not really as last year we replaced the majority leader so obviously there was no term.” The Chairman said that it was done in the Rules, we are now trying to make two year terms so that this does not happen again. Ms. Breed said her objection is that the caucus should have the ability to judge for themselves whether they want a particular person as majority or minority leader. She further questioned whether the Personnel Committee was given this option.    The Chairman said it is up to the caucus to appoint their leader and work with them and have the same options that are given to you as a legislator, i.e. if your constituents are unhappy with your performance they can vote you out at the end of your term. We need to work together, not make these positions political and protect the County. Ms. Breed countered that the Vice Chairman option would protect the County also. The Chairman did not dispute that. Adopted by all members voting aye, Ms. Breed and Mr. Willcox voting nay,  Agenda No. 25 became Resolution No. 170-06:  Creating the Offices of Majority Leader and Minority Leader with Two Year Terms of Office.

The Chairman announced that she was appointing the new majority leader and minority leader and Matt Pennello to the Tobacco Security Board and asked the Danny Ross, Ron VanDee, and Matt Pennello  to come forward to receive their certificates and by-laws. Elizabeth Larkin, County Clerk swore in the Majority and Minority Leaders.  Ms. Breed asked if there wasn’t a stipulation on who should serve on the Tobacco Board and did we need to change that?  Chairman Brown stated that the Chairman of the Legislature is the head of the Board and has the authority to appoint up to five members.

On the motion of Ms. Brown, second by Mr. Tagliente and adopted by all members voting aye, Agenda No. 1 became Resolution No. 171-06: Appoint Members Cortland County Emergency Medical Services Advisory Board.

On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting aye, Agenda No. 2 became Resolution No. 172-06: Appoint Members Cortland County Youth Board.

On the motion of Ms. Brown, second by Mr. Tagliente and adopted by all members voting aye, Agenda No. 3 became Resolution No. 173-06: Appoint Members Cortland County Criminal Justice Advisory Board. Ms. Brown said that she had received an email from Mr. Williams asking why no legislators were on the board. Mr. Daniels and Ms. Brown were appointed earlier this year, therefore not listed on this resolution.

On the motion of Mr. VanDee, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 4 became Resolution No. 174-06: Authorize Agreements Cortland County 1890 House and Historical Society.

On the motion of Mr. VanDee, second by Mr. Tagliente and adopted by all members voting aye, Agenda No. 5 became Resolution No. 175-06: Authorize Agreement Treasurers Office Tax Sale Properties Auctioneer.

On the motion of Mr. Clark, second by Mr. Troy Agenda No. 6 was introduced. Ms Breed questioned why this resolution was being considered. Mr. Clark stated in order to fix problems, the State added more rules and regulations requiring her to streamline all the policies. Ms. Breed asked what was the original time period. Jackie Gailor replied that the length of time was the same, the amount of time was more than anticipated. Mr. Schrader added there were more hours required of her than originally thought and she is being paid by the hour. The goal of the contract was to get the department in compliance with the State.  Adopted by all members voting aye, Agenda No. 6 became Resolution No. 176-06: Amend Agenda 95-06 Authorize Contract Health Department Nursing (Jean B. Heady).

On the motion of Mr. Clark second by Mr. Troy and adopted by all members voting aye, Agenda No. 7 became Resolution No. 177-06: Authorize Agreement Accept Funds Health Department Administration Susan B. Komen Breast Cancer Grant.

On the motion of Mr. Clark second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 8 became Resolution No. 178-06: Amend Agreement Amend Budget Mental Health Department (J. M. Murray Center, Inc.).

On the motion of Mr. Tagliente second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 9 became Resolution No. 179-06: Award Highway Equipment Motor Grader Highway Department.

On the motion of Mr. Tagliente second by Mr. Steger and adopted by all members voting aye, Agenda No. 10 became Resolution No. 180-06: Award Bids Highway Department.

On the motion of Mr. Tagliente second by Ms. Price and adopted by all members voting aye, Agenda No.11 became Resolution No. 181-06: Landfill Purchase Highway Department Equipment.

On the motion of Mr. Tagliente second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 12 became Resolution No. 182-06: Landfill Purchase Highway Equipment Highway Department.

On the motion of Mr. Tagliente second by Mr. Steger and adopted by all members voting aye, Agenda No. 13 became Resolution No. 183-06: Authorize Amnesty Day Highway Department.

On the motion of Mr. Tagliente second by Mr. Ross and adopted by all members voting aye, Agenda No. 14 became Resolution No. 184-06: Authorize Amnesty Day Highway Department Lime Hollow Center.

On the motion of Mr. Tagliente second by Mr. Troy and adopted by all members voting aye, Agenda No. 15 became Resolution No. 185-06: Authorize Issuance of a Theatrical Production and Custodial License Dwyer Park Cortland Repertory Theatre. Ms. Tytler asked for clarification on a proposed long term contract so that CRT could apply for Grants. The County Attorney answered that a Home Rule Request will be considered for the May meeting to accomplish that goal.

On the motion of Mr. Daniels, second by Mr. Ross and adopted by all members voting aye, Agenda No. 16 became Resolution No. 186-06: Authorizing Consultant Agreement Fire and Emergency Management National Incident Management System (NIMS) Compliance Program.

On the motion of Mr. Daniels, second by Mr. Tagliente and adopted by all members voting aye, Agenda No. 17 became Resolution No. 187-06: Authorize Consultant Agreement to Prepare Jail Population Study.

On the motion of Mr. Daniels, second by Mr. Troy and adopted by all members voting aye, Agenda No. 18 became Resolution No. 188-06: Amend 2006 Budget Fire and Emergency Management (Division of Criminal Justice Services – WMD Grant – FY ’03).

On the motion of Mr. Daniels, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 19 became Resolution No. 189-06: Amend 2006 Budget Fire and Emergency Management (Division of Criminal Justice Services – WMD Grant – FY ’04).

On the motion of Ms. Price, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 20 became Resolution No. 190-06: Amend Budget Area Agency on Aging/RSVP.

On the motion of Ms. Price, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 21 became Resolution No. 191-06: Authorize Agreement Area Agency on Aging (Cortland County Office of Employment and Training).

On the motion of Ms. Price, second by Mr. Tagliente and adopted by all members voting aye, Agenda No. 22 became Resolution No. 192-06: Authorize Agreement Area Agency on Aging (Title IIIE-Family Caregivers Program).

On the motion of Mr. McKee, second by Mr. Tagliente and adopted by all member voting aye, Agenda No. 23 became Resolution No. 193-06: Authorize Agreement Board of Elections Kardveyer 300.

On the motion of Mr. McKee, second by Mr. Hartnett Agenda No. 24 was introduced. Ms. Tytler asked Mr. Schrader how this was going to work. He responded that initially it was possible that a medical leave of absence was going to impact staffing which is no longer the case. The temporary will fill in until a new accountant can be hired, oriented and trained. Mr. Armstrong asked to be excused from this vote as it may involve his ex-wife. By unanimous vote, Mr. Armstrong was excused. Adopted by all members voting aye, Mr. Armstrong abstaining Agenda No. 24 became Resolution No. 194-06: Create Temporary Sr. Account Clerk Treasurers Department.

On the motion of Mr. Ross, second by Mr. Troy and adopted by all members voting aye, Agenda No. 26 became Resolution No. 195-06: Convey a Right of Way to Lime Hollow Nature Center.

On the motion of Mr. Ross, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 27 became Resolution No. 196-06: Authorize Agreement Planning Department (Cortland County and Southern Tier East Regional Planning Development Board).

On the motion of Mr. Ross, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 28 became Resolution No. 197-06: Authorize Agreement for Construction of Fence on County Property Cortland County Planning Department and Gutchess Lumber, Inc.

The following announcements were made:

May 1st is the Open House for the 60^th Anniversary of the Soil and Water Conservation Disrict, from 3-6 PM at the Grange Building.

May 2^nd is the annual RSVP Recognition Dinner at 5 PM at Corey Union.

May will celebrate Older American Month.

May 3^rd is the farewell party for Linda Medeiros from 3:30 to 5:30 in the Office of the Aging activities room.

May 25^th will be the CTVS Committee meeting directly after Legislative Session.

Meeting Adjourned at 7:08.

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