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

Due to the medical absence of the Chairman, the meeting was called to order at 6:01 PM by Majority Leader Ron VanDee, in conformance with Article III, Sec. 6 of the Rules of Order, Cortland County Legislature, followed by the Salute to the Flag.

The Clerk took Roll Call with all members recorded as present, except Kay Breed, absent and Chairman Brown excused.

The minutes of June 22, 2006 Legislative Meeting were unanimously approved.

RECEIVE AND FILE

On the motion of Ms. Price, second by Mr. Cornell, 2005 Annual Report: Probation Department was received and filed, all members voting aye.

On the motion of Mr. Cornell, second by Mr. Troy, 2005 Annual Report: Cortland County Sheriff’s Department was received and filed, all members voting aye.

On the motion of Mr. Armstrong, second by Mr. Cornell, 2006 Second Quarter Tax Distribution Report was received and filed, all members voting aye.

SPECIAL ARTICLE

Ms. Price made the motion to suspend the rules, as this was not received in time to be placed on the agenda, second by Mr. Troy, and all members voting aye, one Special Article was moved to the floor for consideration.

On the motion of Mr. VanDee, second by Ms. Price, Special Article No. 1 was introduced. Mr. Willcox asked what the total amount was. Mr. Schrader answered, $422,371.32 was the net amount. Adopted by all members voting aye, Special Article No. 1 became Resolution No. 269-06: Authorize And Accept Bid Amounts For Parcels Sold At July 19, 2006 In Rem Tax Foreclosure Auction.

RESOLUTIONS:

On the motion of Mr. VanDee, second by Ms. Price and adopted by all members voting aye, Agenda No. 1 became Resolution No. 270-06: Appoint Member Records Management Advisory Board.

On the motion of Mr. VanDee, second by Mr. Troy and adopted by all members voting aye, Agenda No. 2 became Resolution No. 271-06: Reappoint Member Cayuga-Cortland Workforce Investment Board.

On the motion of Mr. VanDee, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 3 became Resolution No. 272-06: Re-Appoint Member Cortland County Youth Board.

On the motion of Mr. Dafoe, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 4 became Resolution No. 273-06: Relocation of Emergency Operations Center and Dispatch Buildings and Grounds.

On the motion of Mr. Dafoe, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 5 became Resolution No. 274-06: Authorize Agreement Buildings and Grounds Energy Services Agreement with Power Authority of the State of New York.

On the motion of Mr. Clark, second by Ms. Price, Agenda No. 6 was introduced. Mr. Williams stated that he was very uncomfortable with the terminology “or designee” in this resolution. With that amount of money it would be better to name the designee by title or name.  Ms. Tytler asked if the designee isn’t already spelled out in the Public Health arena. The County Administrator said that is generally true. There is an official designation filed with the Clerk and in some instances law defines it. You can insert the Deputy Public Health Director if you wish. Mr. Williams said that his concern is that several years from now, questions could be raised and that the Resolution is unclear. The County Attorney reminded Legislators that a designee is never alone on a contract, they require other signatures. This seems to be an established format of the Health Department that I have no concerns with. My advice is not to go by title as titles change over the years.

Adopted by all members voting aye, Agenda No. 6 became Resolution No. 275-06: Authorize Agreements Health Department/Children With Special Needs Program (New York State Facilitated Enrollment Program).

On the motion of Mr. Clark, second by Mr. Williams and adopted by all members voting aye, Agenda No. 7 became Resolution No. 276-06: Authorize Agreement/Accept Funds Health Department Lead Poisoning Prevention Grant.

On the motion of Mr. Clark, second by Ms. Price and adopted by all members voting aye, Agenda No. 8 became Resolution No. 277-06: Authorize Agreements Health Department/Environmental Health LaserJet Printer Maintenance.  

On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting aye, Agenda No. 9 became Resolution No. 278-06: Establish Petty Cash Account Health Department/Jacobus Center for Reproductive Health.

On the motion of Mr. Clark, second by Ms. Price Agenda No 10 was introduced. Ms. Price expressed recognition to this group of women and Ms. Tytler requested that the Chairman send a thank you letter expressing the gratitude of the Legislature. Adopted by all members voting aye, Agenda No. 10 became Resolution No. 279-06: Accept Funds Health Department/Jacobus Center for Reproductive Health (SUNY Cortland Power Planet of Women).

On the motion of Mr. Clark, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 11 became Resolution No. 280-06: Authorize Agreement Health Department/Jacobus Center for Reproductive Health/Health Care Purchasing Partners International.

On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting aye, Agenda No. 12 became Resolution No. 281-06: Transfer Funds Health Department Nursing Division. 

On the motion of Mr. Clark, second by Ms. Price and adopted by all members voting aye, Agenda No. 13 became Resolution No. 282-06: Authorize Agreement/Accept Funds Health Department/Administration/Special Programs (Cancer Services Program).

On the motion of Mr. Clark, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 14 became Resolution No. 283-06: Authorize Agreements Health Department (Educational Institutions).

On the motion of Mr. Clark, second by Mr. Steger and adopted by all members voting aye, Agenda No. 15 became Resolution No. 284-06: Amend Agreement/Amend Budget

Mental Health Department (NYS Office Of Alcohol & Substance Abuse Services).

On the motion of Mr. Clark, second by Mr. Troy Agenda No. 16 was introduced. Mr. Williams stated that there was too much ambiguity in this Legislation for him to be comfortable supporting it. It lacks detailed facts and costs. The Cortland Board of Health did support the concept of National Health Care Reform but not this particular bill. He suggested that it either be tabled or sent back to the Health Committee for further discussion and advice. Mr. Willcox said that it smelled like socialized medicine to him. Mr. Clark said the reason he supports this effort even though it is vague in some places, it will demonstrate to Congress that small communities care about and support better health care. Mr. VanDee agreed. Ms. Price stated she supports this legislation because she feels it is important that all people have access to good health care. She said she sees people in her district who do not get care just because they can’t afford it. She said this isn’t the end all, be all - it’s a beginning nudge to our Representatives.  Mr. VanDee agreed, saying this is just a start that is long overdue as there are many people who cannot even afford their prescriptions. Ms. Tytler added that this is not perfect legislation but she firmly believes that every citizen deserves a right for health care. She prefers a program that supports preventative health care to help scale back on the escalating costs. Mr. Armstong said that he has family members that have do not have health insurance, however if we are going to do something, let’s do it right; not just for the sake of doing it. Mr. Willcox questioned where the figures of 100 million persons are denied healthcare stated in the Resolution came from. He added that it seems like a bit of a stretch. Mr. Van Dee asked how he knew that. Mr. Willcox then asked Mr. VanDee how he came up with that number. VanDee’s response was that he didn’t and proceeded to move the motion to a vote. Adopted by all members voting aye, except Mr. Armstrong, Mr. McKee, Mr. Ross, Mr. Steger, Mr. Willcox and Mr. Williams voting nay, Agenda No. 16 became Resolution No. 285-06: Appeal to Endorse Congressional H. R. 676 H. R. 676 US National Health Insurance Act.

On the motion of Mr. Tagliente, second by Mr. Armstrong Agenda No. 17 was introduced. Ms. Tytler said that she was pleased that this was awarded to a local company. Adopted by all members voting aye, Agenda No. 17 became Resolution No. 286-06: Award Highway Bid –Rehabilitation of McLean Road (C.R. 120) and McLean Road Ext. (C.R. 120B) P.I.N. 3753.70.

On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 18 became Resolution No. 287-06: Amend 2006 Budget/Recognizing Insurance Recovery Highway Department.

On the motion of Mr. Tagliente, second by Mr. McKee and adopted by all members voting aye, Agenda No. 19 became Resolution No. 288-06: Authorize Contract/Highway Department

Town of Taylor Snow and Ice – County Roads Rescind Resolution No 146-06.

On the motion of Mr. Tagliente, second by Mr. Steger and adopted by all members voting aye, Agenda No. 20 became Resolution No. 289-06: Approve Contract For Engineering

McLean Road/Highway.

On the motion of Mr. Tagliente, second by Mr. Cornell Agenda No. 21 was introduced. Ms. Tytler made a friendly amendment to the resolution as it contained too many zeros at the end. The Clerk made the necessary change. Adopted by all members voting aye, Agenda No. 21 became Resolution No. 290-06: Award Service Of Landfill Roll Off Containers Contract Highway Department/Landfill.

Agenda No. 22 was pulled by Mr. Tagliente stating that they had received a few phone calls from individuals unhappy with the proposal. Therefore it was necessary to do more research on it and talk to other counties who are doing the same thing. Mr. VanDee added that it is important to make sure that this is reasonably priced so people will use the service.

On the motion of Mr. Tagliente, second by Mr. Cornell, Agenda No 23 was introduced. Ms. Price made a friendly amendment to change the title to include that it was rescinding 233-06.

The Clerk made the necessary change.  Adopted by all members voting aye, Agenda No. 23 became Resolution No. 291-06: Rescind Res. 233-06-Award Highway Bid – Metal Object Removal Highway Department/Recycling.

On the motion of Ms. Price, second by Mr. Troy and adopted by all members voting aye, Agenda No. 24 became Resolution No. 292-06: Amend Budget Area Agency on Aging

(Long Term Care Education Information and Outreach Program).

On the motion of Ms. Price, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 25 became Resolution No. 293-06: Abolish/Create Department of Social Services Community Services Worker/Secretary I.

On the motion of Ms. Price, second by Mr. Cornell Agenda No. 26 was introduced. Mr. Troy thanked the union at Pall Trinity for their annual support and echoed the Human Services Committee’s request for the Chairman to thank this group on behalf of the Legislature. The Clerk said the letter has been written. Adopted by all members voting aye, Agenda No. 26 became Resolution No. 294-06: Accept Donation/Amend Budget Youth Bureau (Pall Trinity Union Donation).

On the motion of Ms. Price, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 27 became Resolution No. 295-06: Amend Budget Youth Bureau

(Youth Development/Delinquency Program).

On the motion of Mr. Daniels, second by Mr. Clark Agenda No 28 was introduced. Mr. Willcox said that the previous Sheriff told us that this program would pay for itself. In the Budget and Finance Meeting, I asked Mr. Schrader for these figures, do you have them? Mr. Schrader replied no. Mr. Willcox said he is unable to support this without this information. Ms. Price said that she is sure there is a dollar amount that Mr. Schrader can provide. What will never be known is how many do not walk through our doors to sign up for benefits because they know if they lie and cheat that they will be arrested and go to jail. Adopted by all members voting aye, except Mr. Willcox voting nay, Agenda No. 28 became Resolution No. 296-06: Amend 2006 Budget Sheriff’s Department (Personnel Services).

On the motion of Mr. Daniels, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 29 became Resolution No. 297-06: Authorize Agreement/Amend Budget (Electronic Ticket & Accident Report Project) Sheriff’s Department.

On the motion of Mr. Daniels, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 30 became Resolution No. 298-06: Amend 2006 Budget (Public Defender’s Office).

On the motion of Mr. Daniels, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 31 became Resolution No. 299-06: Amend 2006 Budget (District Attorney’s Office).

On the motion of Mr. Daniels, second by Mr. Troy, Agenda No. 32, Introduce Local Law No. 1 for the year 2006, was tabled to time certain.

On the motion of Mr. Cornell, second by Mr. Armstrong was introduced. Mr. Troy pointed out that the spacing on this resolution caused confusion and asked that it be corrected. Correction noted and adopted by all members voting aye, Agenda No. 33 became Resolution No. 300-06: Establish Fees for Election Workers Board of Elections.

On the motion of Mr. Cornell, second by Mr. Daniels and adopted by all members voting aye, Agenda No. 34 became Resolution No. 301-06: Create Temporary Safety Officer/Amend Budget Safety Department.

Mr. Willcox asked for and was granted permission to make the following statement:

On April 27th, I voted yes on the new study on the Jail. I have since discovered a document, dated April 25, 2006 to the Chairman that I wasn’t privy to. After seeing it, I would have changed my vote, May I read it? Mr. VanDee answered yes.

Mr. Willcox proceeded to read the following letter:

Dear Chairperson Brown:

            I have been requested by the Corrections/Public Safety Subcommittee of the Cortland County Criminal Justice Advisory Board to write this letter to you. It is the subcommittee’s understanding that the Cortland County Jail expansion or new construction is on the agenda of the County Legislature on April 27, 2006. The following are two items that the subcommittee would like to make sure you are aware of.

            First, any expansion or new construction plans of the County’s jail facility must include input and approvals from the New York State Commission of Corrections. Without the Commission’s input and approvals, the jail expansion or construction cannot receive the necessary certifications for a correctional facility. Second, it is the understanding of the subcommittee that the legislature is considering expending monies for another study regarding the jail. Although the subcommittee does not know what the study would entail, the Committee would like to point out the two studies regarding the jail have been recently completed. In 2003, a study of the jail was completed by the New York State Comptroller’s Office and in 2004, a study was completed by the National Institute of Corrections.

            Hopefully, this information will be helpful to you and the Legislature when discussing the jail issue.

Very truly yours,

Francis J. Casullo

There were no announcements.

Meeting adjourned at 6:33 PM

Minutes prepared by Sue Morgan, Clerk of the Legislature

BACK