Approved Minutes Legislative Session February 23, 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. DaFoe and Mr. Hartnett marked as absent.
The minutes of
January 19, 2006 Legislative Meeting were unanimously approved after Mr.
Williams asked for clarification of Agenda Item No.7 as to whom the Chairman
referred to. Ms. Brown responded it was the Chairman of Budget and Finance.
A Proclamation was read by the Clerk declaring March, 14, 2006 as
Agricultural Day. Chairman Brown presented the Proclamation to Syd McEvoy with
the following statement, “I don’t believe that everyone realizes the
economic impact that agriculture has on our community, approximately 43 million
dollars a year. In the past 5 years there has been a growth of 117 family size
farms and we are proud to recognize the agricultural people that makes this
happen.
Mr. McEvoy accepted the honor on
behalf of the agricultural community stating that although the number of dairy
farms numbers have decreased, there are a variety of agriculture producers from
wine to sheep, horses to alpacas. All affect our economy here. Mr. McEvoy
extended an invitation to all legislators to the Ag Day Dinner on March 14th
at the Grange and thanked all who participated in the 4th Annual
Agriculture Conference.
Applause from the entire
legislature.
Ms. Breed added her appreciation
for Mr. McEvoy’s outstanding role as educator and for providing his support to
the agricultural community, to which the Chairman agreed.
The Clerk noted that the agenda did not include the letter of resignation
from the County Historian, noting that the letter was on the desks to be
included under receive and file.
On the motion of Ms.
Breed, second by Ms. Price, Legislative
Committee Assignments was received and filed.
On the motion of Ms. Breed, second by Mr.Armstrong, 2005 Sales Tax Distribution-Treasurers Office was received and filed.
On
the motion of Mr. Cornell, second by Ms. Price, with regret, Resignation of
Cathy Barber, County Historian was received and filed. Ms. Price stated “We
are sorry to see her go.” Chairman Brown agreed. Mr. VanDee added that she
will be hard to replace.
Resolutions:
On
the motion of Ms. Brown, second by Ms. Breed and adopted by all members voting
On the motion of Ms. Brown, second by Mr. Steger and adopted by all
members voting
On
the motion of Ms. Brown, second by Mr. Tagliente and adopted by all members
voting aye, Agenda Item No. 3 became Resolution
No. 71-06 Appoint Members Industrial
Development Agency Board of Directors.
On the motion of Ms. Brown, second by Mr. Steger and adopted by all members
voting aye, Agenda Item No. 4 became Resolution No. 72-06 Appoint Members Empire Zone Administrative Board.
On the motion of Ms. Brown, second by Ms. Breed and adopted by all members
voting aye, Agenda Item No. 5 became Resolution
No. 73-06
Appoint
Members
Communications
Advisory Board.
On the motion of Ms. Brown, second by Ms. Price and adopted by all members
voting aye, Agenda Item No. 6 became
Resolution No. 74-06 Appoint Members
Community Services Board.
On the motion of Ms. Brown, second by Ms. Price and adopted by all members
voting aye, Agenda Item No. 7 became
Resolution No. 75-06 Re-Appoint Member Mental Health
Subcommittee.
On the motion of Ms. Brown, second by Mr. Steger and adopted by all members
voting aye, Agenda Item No. 8 became
Resolution No. 76-06 Appoint Members Cooperative Extension Board of Directors.
On the motion of Ms. Brown, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 9 became
Resolution No. 77-06 Appoint Member Criminal Justice Advisory Board
On the motion of Ms. Brown, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 10 became
Resolution No. 78-06 Appoint Members
Central
New York Regional Planning and Development Board.
On the motion of Ms. Brown, second by Mr. Steger and adopted by all members
voting aye, Agenda Item No. 11 became
Resolution No. 79-06 Appoint Members Southern Tier East Regional
Planning Development Board (STERPDB). Ms. Tytler stated there are great
opportunities to apply for grant funding for the Cortland community. An
informational meeting will be held in March. Chairman Brown asked what kind of
grants? Mr. Ross explained that previously we have received grants for BOCES,
the addition to the hospital, daycare and the J. M. Murray Center Refrigeration
Course. It is Appalachian monies from federal funding.
On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting
aye, Agenda Item No. 12 became Resolution No. 80-06 Appoint Member Board of Health.
On the motion of Ms. Brown, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 13 became Resolution No. 81-06
Appoint/Re-Appoint Members
Cortland
County Traffic Safety Board.
On the motion of Ms. Brown, second by Ms. Price and adopted by all members
voting aye, Agenda Item No. 14 became
Resolution No. 82-06 Re-Appoint
Member Board of Directors Finger Lakes Tourism Alliance.
On the motion of Ms. Brown, second
by Mr. Spaulding and adopted by all members voting aye, Agenda Item No. 15
became
Resolution No. 83-06 Re-Appoint Members TC-3 Financial Oversight
Committee.
On the motion of Ms. Brown, second by Ms. Price and adopted by all members
voting aye, Agenda Item No. 16 became Resolution No. 84-06 Re-Appoint Members
Region
7 Fish and Wildlife Management Board.
On the motion of Ms. Brown, second
by Ms. Breed and adopted by all members voting aye, Agenda Item No. 17 became
Resolution No. 85-06 Re-Appoint Members
Soil and Water Conservation District Board.
On the motion of Ms. Brown, second by Mr. Steger and adopted by all members
voting aye, Agenda Item No. 18 became
Resolution No. 86-06 Re-Appoint Legislative Member
Agricultural and Farmland Protection Board.
On the motion of Ms. Brown, second by Ms. Breed and adopted by all members
voting aye, Agenda Item No. 19 became Resolution No. 87-06 Re-Appoint
Members Cortland County Youth Board.
On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting
aye, Agenda Item No. 20 became Resolution No. 88-06 Amend
Resolution No. 50-06
Appoint Members Fire Advisory Board.
On the motion of Mr. VanDee, second by Mr. Cornell, Agenda Item No. 21 was
introduced. Ms. Breed stated that they hadn’t received the contract until 4:30
PM that afternoon and have not had a lot of time to review it. She requested
that the County Attorney review the contract and define the CPI and dates to be
used. She stated that Mr. Schrader had suggested that a CPI-W might be
appropriate. Chairman Brown said that the County Attorney has reviewed the
contract. This was confirmed by Mr. VanDonsel. Ms. Breed stated that she was not
comfortable with the CPI not being defined. Mr. VanDonsel said that the resolution allows for his review
and the Chairman’s execution after being passed. If there are minor changes,
you don’t need to postpone the resolution to make those changes. Ms Breed said
she felt that a friendly amendment should be made to define the CPI. Mr.
VanDonsel said that was up to the Legislature. Chairman Brown said that it can
be done through the contract and can be changed before it is signed.
Mr.
Williams stated that he personally, as well as others from the Republican caucas,
support the appointment of Scott Schrader as County Administrator. The concern
is with the appointment time frame. It has been their goal to move the
appointment process as far away from the political/election process as possible.
He said that offers have been made to support the appointment and contract for a
lesser amount of time ending December 31, 2008, or a longer contract ending
December 31, 2010 or support extending the present contract to the end of the
year commencing a new contract January 1, 2007.
He said that this would avoid the same situation from happening again in
four years with the potential of a lame duck status and new legislators
negotiating and evaluating the position. He further stated that this has never
been a personal vendetta as has been reported.
Mr.
VanDee said that the County Administrator position should not be political and
had this been done much earlier we wouldn’t be discussing it now. The new
contract calls for this to be completed six months prior so it shouldn’t be a
problem. If not then a six month extension can be made at the end of the
contract. However, he understood the concerns.
Mr.
Williams called for a roll call vote. Mr. Armstrong, Ms. Breed, Mr.
Clark, Mr. Cornell, Mr. Daniels, Mr. McKee, Ms. Price, Mr. Ross, Mr. Spaulding,
Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Tytler, Mr. VanDee, Mr. Williams and
Ms. Brown voting aye and Mr.
Willcox voting nay and Mr. Dafoe and Mr. Hartnett absent. Agenda Item No. 21
became Resolution
No. 89-06 Re-Appoint
County Administrator.
Clerk’s Note: Ms. Breed changed her vote to nay later in the
meeting.
Applause from the entire Legislature. Mr. Schrader thanked everyone. Ms. Price suggested that in respect to all comments made, that Mr. VanDee add the provisions at some point. (to discuss these points in Budget and Finance Committee)
On the motion of Mr. Clark, second by Mr. Armstrong and adopted by all members
voting aye, Agenda Item No. 22 became Resolution No. 90-06 Amend Budget/ Amend Agreement Mental Health Department (Catholic
Charities).
On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting
aye, Agenda Item No. 23 became
Resolution No. 91-06 Authorize
Agreement/Accept Funds
Health Department/
Jacobus Center for Reproductive Health (State Grant).
On the motion of Mr. Clark, second by Ms. Breed and adopted by all members
voting aye, Agenda Item No. 24 became Resolution No. 92-06
Amend Budget Health Department (Grant Rollovers from 2005
Budget to 2006 Budget).
On the motion of Mr. Clark, second by Ms. Price and adopted by all members
voting aye, Agenda Item No. 25 became
Resolution No. 93-06 Agreement/Accept Funds/Amend Budget
Health Department/Nursing (Immunization Action Plan Grant).
On the motion of Mr. Clark, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 26 became
Resolution No. 94-06 Accept Funds
Health Department/Jacobus Center for Reproductive Health (HIV/AIDS SUNY
Walkathon Funds) Ms. Tytler added her
personal thank-you to the students for all they contribute to the community.
On the motion of Mr. Clark, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 27 became
Resolution No. 95-06 Authorize Contract Health
Department/Nursing
(Jean B. Heady).
On the motion of Mr. Clark, second by Ms. Price Agenda Item No. 28 was
introduced. Mr. Williams restated his former objections to hiring
separate independent auditors tallying the amount expended at $9,000. since the
beginning of the year. Agenda Item No. 28 became
Resolution No. 96-06
Authorize Agreement Mental Health Department (Richard McNeilly, CPA) adopted by all members
voting aye, Mr. Williams voting nay.
On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting
aye, Agenda Item No. 29 became
Resolution No. 97-06 Authorize
Agreements/Accept Funds Health Department Healthy Heart Program/The Research
Foundation of SUNY Cortland.
On the motion of Mr. Tagliente, second by Mr. Ross
Agenda Item No. 30 was adopted by all members voting aye, Agenda Item No.
30 became
Resolution No. 98-06
Amend Capital Budget Tioughnioga
River Waterfront Development Project Authorize Engineering Agreement Highway Department.
On the motion of Mr. Tagliente, second by Mr. Cornell and adopted by all
members voting aye, Agenda Item No. 31 became Resolution No. 99-06 Authorize
Agreement Page Green Road Phase II P.I.N. – 375350
On the motion of Mr. Tagliente, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 32 became
Resolution No. 100-06 Authorize Supplemental
Agreement/Environmental Monitoring Highway
Department/ Landfill.
On the motion of Mr. Tagliente, second by Mr. Spaulding and adopted by all members voting aye, Agenda Item No. 33 became Resolution No. 101-06 Transfer Funds Highway Department/Recycling. Mr. Schrader stated that the amount has been corrected since committee. This amount accurately reflects what is necessary to close out the project. Mr. Daniels added that this was imposed on us by National Grid.
Mr. Willcox said that he missed voting on Agenda No. Item No. 30. He stated he had two reservations: 1. the $250,000. cost to survey 2.7 miles, equating to $17 per foot and 2. the potential overtime costs to the County. He requested his vote be recorded as no.
On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all
members voting aye, Agenda Item No. 34 became
Resolution No. 102-06 Transfer
Funds Highway Department/Capital Account.
On the motion of Mr. Tagliente, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 35 became
Resolution No. 103-06 Authorize Agreement/New York State Jennings Creek
Road Bridge P.I.N. – 375431, B.I.N. – 3361530.
On the motion of Mr. Tagliente, second by Mr. Steger and adopted by all members
voting aye, Agenda Item No. 36 became
Resolution No. 104-06 Brush Chipper Purchase/Highway Department.
On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all
members voting aye, Agenda Item No. 37 became
Resolution No. 105-06 Endorse County Airport Grant Request
Highway Department/Airport.
On the motion of Mr. Tagliente, second by Mr. Troy and adopted by all members
voting aye, Agenda Item No. 38 became
Resolution No. 106-06 SEQR Determination Project to Construct T-Hangar
Cortland County Airport Highway Department.
On the motion of Ms. Price, second by Mr. Spaulding and adopted by all members
voting aye, Agenda Item No. 39 became
Resolution No. 107-06 Abolish/Create
Area Agency on Aging
Aging Services Worker/Aging
Services Specialist.
On the motion of Ms. Price, second by Mr. Steger and adopted by all members
voting aye, Agenda Item No. 40 became
Resolution No. 108-06 Amend 2006 Budget Department of Social Services
(Community Solutions for
Transportation).
On the motion of Ms. Price, second by Mr. Spaulding and adopted by all members
voting aye, Agenda Item No. 41 became
Resolution No. 109-06 Authorize
Stipulation of Settlement Department of Social Services Medicaid).
Ms. Price explained that in the
past medical costs, born by the State, were given to people leaving institutions
when in fact it was difficult to track those transactions and the County picked
up those costs. This is the best way to settle this whole issue and brings
$117,220.00 into our general account. Mr. VanDonsel added clarification from the
amount approved in Committee as we received notification from the State that the
amount increased slightly with their audit.
On the motion of Ms. Price, second by Mr. Troy adopted by all members voting
aye, Agenda Item No. 42 became Resolution
No. 110-06 Authorize Agreement Youth Bureau
(Bus Lease –
Cincinnatus Central School District)
On the motion of Ms. Price, second by Mr. Spaulding and adopted by all members
voting aye, Agenda Item No. 43 became Resolution
No. 111-06 Authorize Agreement Area Agency on Aging (Home Care for Cortland County, Inc.).
On the motion of Mr. Daniels, second by Mr. Spaulding and adopted by all members
voting aye, Agenda Item No. 44 became Resolution
No. 112-06 Authorize Grant Applications Sheriff’s Department
(Electronic Ticket & Accident Report Project)
On the motion of Mr. Daniels, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 45 became Resolution
No. 113-06 Amend 2006 Budget Sheriff's Department (Child Passenger Safety Program).
On the motion of Mr. Daniels, second by Mr. McKee and adopted by all members
voting aye, Agenda Item No. 46 became Resolution
No. 114-06
Amend 2006 Budget
Sheriff's Department (Forfeited Proceeds).
On the motion of Mr. Daniels, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 47 became Resolution
No. 115-06 Amend
2006 Budget Sheriff's Department (LETPP FY04).
On the motion of Mr. Daniels, second by Mr. Troy and adopted by all members
voting aye, Agenda Item No. 48 became Resolution
No. 116-06 Appointment
of Jail Physician
Pursuant to Correction Law § 501.
On the motion of Mr. Daniels, second by Mr. Armstrong and adopted by all members
voting aye, Agenda Item No. 49 became Resolution
No. 117-06 Authorize
Agreement Sheriff's Department/Jail (Pharmacy Solutions, Inc.).
On the motion of Mr. Daniels, second by Mr. Cornell and adopted by all members
voting aye, Agenda Item No. 50 became Resolution No. 118-06 Authorize
Agreement
Sheriff's Department/Jail (K&A Radiologic Technology
Services, Inc.).
On the motion of Mr. Daniels, second by Mr. Troy and adopted by all members
voting aye, Agenda Item No. 51 became Resolution No. 119-06 Adopt
Comprehensive Emergency Management Plan (CEMP) Fire and Emergency Management.
Mr. Daniels thanked Brenda DeRusso for the outstanding job she did preparing
this document.
On the motion of Mr. Daniels, second by Mr. Armstrong and adopted by all members
voting aye, Agenda Item No. 52 became Resolution
No. 120-06 Authorize
Agreements Alternative to Incarceration (NYS Division of Probation and
Correctional Alternatives).
On the motion of Mr. Daniels, second by Mr. Troy and adopted by all members
voting aye, Agenda Item No. 53 became Resolution
No. 121-06 Authorize
Agreement Cortland County Sheriff’s Department/911
National
Interoperable Communications Channels.
On the motion of Mr. Daniels, second by Mr. Armstrong and adopted by all members
voting aye, Agenda Item No. 54 became Resolution No. 122-06 Amend Resolution MSD
Classification Study.
On the motion of Mr. Cornell, second by Mr. Troy Agenda Item No. 55 was
introduced. Mr. Ross stated that he would vote yes but it makes for a long night
with Fire Safety Board starting at 7:00 and ending about 9:30 on the same
evening. Chairman Brown called for a roll call vote. Mr. Armstrong, Ms. Breed,
Mr. Clark, Mr. Cornell, Mr. Daniels, Mr. McKee, Mr. Ross, Mr. Spaulding, Mr.
Steger, Mr. Tagliente, Mr. Troy, Ms. Tytler, Mr. VanDee, Mr. Willcox, Mr.
Williams, Ms. Brown voting aye, and Ms. Price voting nay and Mr. Dafoe and Mr.
Hartnett absent. Agenda Item No. 55 became Resolution No. 123-06
Amend Rules of Order Cortland County Legislature by the required 2/3 rd
vote.
Clerk’s Note:
Mr. Armstrong changed his vote to nay later in the meeting.
On the motion of Mr.
Ross, second by Mr. McKee Agenda Item No. 56 was introduced. Mr. Willcox stated
that there was an extra $50,000.00 granted
to the Chace’s unilaterally by the State of New York with no explanation. This
is still taxpayer’s money and with no explanation I shall be voting no.
Adopted by all members voting aye, Mr. Willcox voting nay Agenda Item No.56
became Resolution No. 124-06 Amend 2006 Budget Cortland County Planning Department (Conservation
Easements on the Leslie F. and
Lorraine Chace Farm in the Town of Homer, the Darrell and Ann Henderson Farm in
the Town of Preble, and the Russell and Janice Sears Farm in the Town of Preble.
Mr. Armstrong stated he wished to change his vote on a previous resolution,
changing the Legislative meeting. (Res. 123-06) as it conflicts with his
Cooperative Extension meeting.
On the motion of Mr. Ross, second by Mr. Steger and adopted by all members
voting aye, Agenda Item No. 57 became Resolution
No. 125-06 Amend 2006 Budget Cortland County
Planning Department (Federal
Section 5311 Transit Capital Equipment Project).
On the motion of Mr.
Ross, second by Mr. Armstrong and adopted by all members voting aye, Agenda Item
No. 58 became Resolution
No. 126-06
Amend 2006 Budget Cortland County
Planning Department (Auction/Sale of Public Transit Buses).
On the motion of Mr.
Ross, second by Ms. Breed and adopted by all members voting aye, Agenda Item No.
59 became Resolution
No. 127-06 Authorize Agreement Cortland
County Planning Department (Cortland County and First Transit, Inc.
Transportation to Cornell) Mr. Ross added that this will help all those who work
at Cornell. They will be able to park and ride. Mr. Troy added his thanks to Mr.
Dineen and all those who made this possible.
On the motion of Mr. Ross, second by Mr. Cornell and adopted
by all members voting aye, Agenda Item No. 60 became Resolution No. 128-06 Authorize Option Letter
Cortland County Planning Department (Release of Option
to Purchase One Bus).
Ms. Breed stated she wished to change her vote on Agenda Item 21 (Res. 89-06)
which has absolutely nothing to do
with Mr. Schrader. She stated in light of the contract itself and clauses
therein “I don’t feel we have
had enough time to discuss this and it is not in our best interest to push a
contract through that we have not reviewed.”
ANNOUNCEMENTS
Ms. Tytler announced
a meeting of the Planning Subcommittee on Tuesday at 7:30AM.
Meeting adjourned at 6:55PM
Prepared by Susan Morgan, Clerk of the Legislature