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 aye, Agenda Item No. 1 became Resolution No. 69-06 Appoint Member Open Space Commission-NYSDEC.

On the motion of Ms. Brown, second by Mr. Steger and adopted by all members voting aye, Agenda Item No. 2 became Resolution No.  70-06 Appoint Member Cortland County Convention and Visitors Board of Directors.

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

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