Minutes of Legislative Session: June 22, 2006  6 PM Meeting

Prior to calling the meeting to order, Chairman Brown introduced the new canine from the Sheriff’s Department. He is a German Shepard named “Right” but will be renamed in a contest for children to be held later in the schools. After a four-week training period at the academy Officer Parente, the dog’s handler, explained the capabilities of the dog related to police work.

PUBLIC HEARING

Chairman Brown opened the Public Hearing, to consider Proposed Operating Budget 2006-2007; Tompkins Cortland Community College at 6:00 P. M. The Clerk read the Legal Notice as published in the Cortland Standard. Chairman Brown asked three times if there was anyone present wishing to speak in favor of the proposed operating budget. No one indicated they wished to speak in favor of the budget. Chairman Brown asked three times if there was anyone present wishing to speak against the proposed operating budget. No one responded that they wished to speak against the proposed budget.  Chairman Brown closed the Public Hearing at 6:09.

Meeting was called to order at 6:10 PM by Chairman Brown followed by the Salute to the Flag.

Roll Call was taken by the Clerk with all members recorded as present, except Mr. VanDee excused and Mr. Dafoe absent.

The Chairman announced that we have a new sound system and asked if everyone was able to hear. It was noted that there were some problems that needed to be worked out.

The minutes of May 25, 2006 Legislative Meeting were unanimously approved.

The Chairman granted Carl Haynes, President of TC3 with Privilege of the Floor. President Haynes gave the Legislature handouts and an overview of the 2006-2007 Operating Budget, addressing revenue sources, expenses, description of credit and non-credit programs and staffing as well as the economic impact of the college on the community. Overall the proposed budget translates to a 5% increase in the County’s share as well as a $50.00 increase per semester to students. Ms. Breed commented that she is concerned with the sponsor contribution decrease over what the college originally requested. Cortland County would have supported a higher sponsor share, however our counterpart in Tompkins did not concur.

 

RECEIVE AND FILE

On the motion of Ms. Price, second by Mr. Armstrong, Letter of resignation: Safety Officer was received and filed, all members voting aye.

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

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

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

On the motion of Ms. Price, second by Mr. Armstrong, Notice of Revocation of Appointment of Assistant County Attorney (2) was received and filed, all members voting aye, except Ms. Breed voting nay.

The Chairman made the following statement:

Our County Attorney has made two appointments to the part time County Attorney’s positions, one of which is my daughter, Elizabeth Burns. References have been made pertaining to our Nepotism Policy that clearly states that no person shall be appointed or employed in any position, if that person comes under the supervision of a relative. The County Attorney has the sole authority to appoint and/or remove Assistant County Attorneys and does not need legislative approval to do so. The County Attorney has the sole discretion to assign duties as they relate to County issues. The two appointments are on the agenda for the journal record of 2006. I therefore am respectfully requesting to abstain from voting on the next two receive and file items.

             On the motion of Ms. Price, second by Ms. Tytler, Certificate of Appointment: Assistant County Attorney (2) was received and filed, all members voting aye, except Ms. Brown, abstained and Ms. Breed voting nay.

On the motion of Ms. Price, second by Mr. Armstrong, Order of Authority for Assistant County Attorney as designated by Richard C. VanDonsel, Esq. Cortland County Attorney was received and filed, all members voting aye, except Ms. Brown, abstained and Ms. Breed voting nay.

On the motion of Ms. Price, second by Mr. Troy, Election Commissioner Certification: William Wood was received and filed, all members voting aye, except Mr. Willcox and Ms. Breed voting nay. Ms. Tytler requested that this item be referred to caucus.

 The Chairman read excerpts from a written document given to Legislators prior the meeting as follows:

In January we came together to declare our vision as Democrats and Republicans, we were mindful that the challenges of our times continue. We approached these tasks with a seriousness that matches the challenges before us, but also with a profound optimism about our future – an optimism that springs from our great faith in the voters of Cortland, and our great pride in what it means to be part of the Democratic process.

I report to you today that the State of the County is Good. We as a Legislature are on the right path. We are on a path to an open government, a strong County Legislature, respected in the County, with a professional administration.

After almost three years of talking about it, we have gone through a, first ever, performance review process for the Office of County Administrator.  there were diverse opinions, and at times it was a bumpy road but we managed to get through the review and in many ways reviewed ourselves. There were some highs and lows but all in all the Administrator received a very good rating and in turn, accepted an addition four-year term. While we have moved toward a professional administration of our county government in recent years, we must not ignore our responsibilities as County Legislators.

The Chairman then asked Scott Schrader to update Legislators further.

Mr. Schrader stated that the County finances are sound and we have contributed to the fund balance with an increase of $400,000. He outlined the following areas that we are moving forward:

            The Jail Project evaluation is underway and the County is gathering necessary information for the study.

            The payroll process has been moved from the Treasures Office to Personnel and many problems have been corrected. He credited the Treasurer, Personnel Officer and the Payroll Coordinator for the successful transition. We will continue to improve the Munis payroll system with better time and attendance documentation and record keeping.

            We have installed a new version of Munis financial software. It is in the testing phase and scheduled to be implemented in August. We then anticipate implementing consolidated purchasing policy and procedures that will be reviewed by the appropriate Legislative Committees to save county monies.

            We are looking to relocate properties for Mental Health, Public Health and Department of Motor Vehicles to provide a better customer service to constituents. We hope to have a proposal for Buildings and Grounds soon.

            We are improving our Disaster Management Control System. The recent drill was very successful and we learned some things needing correction to further improve the system. Building and Grounds has done a study on the power requirements needed to respond and will be looking at improvements to our generator system as well as relocating Emergency Management to this building.

            We are working on policies and procedures in various departments, notably Ethics, as well as financial reporting.

            The Rules Committee has been reviewing the Rules of Order and will be presenting their recommendations in the very near future.

            I am looking for improvements in the Administrators’ Office to provide a better response time for concerns of legislative constituents. The work load right now is tremendous. Thanks to the efforts of the County Attorney, the review and approval of contracts has improved considerably.

We have a busy year ahead. We have established better communications with the City, Towns and Villages, as demonstrated by the recent Sales Tax Negotiations. He concluded by cautioning that we aren’t out of the woods yet, as we are still close to our constitutional limit.

The Chairman concluded:

If the good state of the County is to continue we must honor our promise to stand up for our values and rally our citizens to our cause. We must recognize that disagreements will remain. Disagreement should not mean disrespect.  Members of our Majority and Minority caucuses have deeply held and differing views on many matters that come before the Legislature. This diversity of views can be a source of strength, and we should welcome into our ranks all Citizens who seek to build a stronger Cortland County. As a Legislature we should reaffirm our commitment to resolving differences in a spirit of civility, hope and mutual respect. 

That's the Cortland County Community I believe in. 

             The Chairman recognized Ms. Breed who stated that we have been working on the purchasing system development for several years and glad it is finally moving forward. Regarding the Jail project, she hopes that the letter from Mike Lane suggesting consolidation with Tompkins County be discussed to save tax dollars. Regarding the relocation of departments, she reminded all that the County does own some property and should be looked at first. She also was glad the FEMA money has come through. She went on to state that her only concern has to do with the issue of the gas cap. She didn’t feel it appropriate for the Chairman to issue a Press Release stating that the County was not in favor of it by an 18 to 1 vote. There was no debate, no meeting and no vote.

The Chairman responded that she had mailed every legislator and asked if they wanted to drop the sales tax and if the majority were in favor of changing the present system, she would schedule a special meeting. She confirmed that she had received Ms. Breed’s response to drop the sales tax. The only instance of knowing that she wanted a special meeting was her interview on Channel 10 news.

Ms. Breed responded that there was another Legislator in favor of a special meeting. Mr. Willcox said he was in Italy. The Clerk said that she tallied the response and received a call from Mr. Dafoe who said that he had spoken to Mr. Willcox and said that you were against the cap.  Mr. Willcox’s response was that Mr. Dafoe does not speak for me and I want to go on record as being in favor of dropping the sales tax on gasoline.

Mr. Willcox asked if the amount of $200,000. was the correct figure for the sales tax loss on gasoline. The Chairman said that originally it was thought that this affected only gas and diesel fuel, which was not true. She turned the question over to Mr. Schrader, who said that the sales tax loss to all municipalities would be close to $700,000. on unleaded gasoline only. Mr. Willcox questioned if that was annualized. Mr.Schrader said yes and continued to inform the legislature that he asked the NYS Department of Finance for a figure on diesel, fuel oil, propane and motorized fuel. They worked through the estimates and upgraded that figure to nearly 1 million dollars. The County stood to loose $560,000 annually.

Mr. Willcox asked if the County is getting interest income that isn’t in the budget, i.e. the Tobacco money. Mr. Schrader explained that we are earning interest on that money for no more than what we borrowed it for; to do otherwise is called arbitrage and is against the law. The income is technically a wash, not included in the budget and not allowed to be used to supplement the general fund.

 SPECIAL ARTICLES

On the motion of Ms. Price, second by Mr. Armstrong 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, Special Article No. 1 became Resolution No. 239-06: Appoint County Historian.

On the motion of Ms. Brown, second by Ms. Tytler and adopted by all members voting aye, Special Article No. 2 became Resolution No. 240-06: Appoint Director of Administrative Services Mental Health.

The Chairman introduced Mr. Boylan, new County Historian and Mr. Kilmer new Director of Administrative Services to the audience. Applause.

 

RESOLUTIONS

On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting aye, Agenda Item No. 1 became Resolution No. 241-06: Appoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board.

Ms. Price announced that Ms. Glennon is the new Director of CAPCO.

On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting aye, Agenda Item No. 2 became Resolution No. 242-06: Reappoint Members

Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board.

On the motion of Mr. Troy, second by Ms. Tytler and adopted by all members voting aye, Agenda Item No. 3 became Resolution No. 243-06: Adopt 2006-2007 Operating Budget Tompkins Cortland Community College.

On the motion of Mr. Troy, second by Mr. Ross and adopted by all members voting aye, Agenda Item No. 4 became Resolution No. 244-06: Designate Tourism Promotion Agency Finger Lakes Tourism, Inc.

On the motion of Mr. Troy, second by Mr. Cornell, Agenda No. 5 was introduced. Ms. Breed asked if there is anything we have done to prevent this from occurring in the future. Mr. VanDonsel replied, yes, the Treasurer and I are meeting on a regular basis to address these issues. Mr. Willcox asked if on property taken by the County there is valuable timber sold, are we protected. Mr. VanDonsel said that we can recover monies received for the lumber, if that happens.

Adopted by all members voting aye, Agenda No. 5 became Resolution No. 245-06:

Authorize Treasurer To Accept Delinquent Tax Payments.

On the motion of Mr. Troy, second by Ms. Tytler and adopted by all members voting aye, Agenda Item No. 6 became Resolution No. 246-06: Authorize Transfer Of County Property 33 North Main Street, Homer.

On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting aye, Agenda Item No. 7 became Resolution No. 247-06: Authorize Agreements/Accept Funds Health Department/Administration (Community Partnerships for Tobacco Control Program).

On the motion of Mr. Clark, second by Ms. Price and adopted by all members voting aye, Agenda Item No. 8 became Resolution No. 248-06: Authorize Agreement

Cortland County Health Department/Hospice IPRO.  

On the motion of Mr. Clark, second by Mr. Cornell and adopted by all members voting aye, Agenda Item No. 9 became Resolution No. 249-06: Authorize Agreements

Health Department (Hospice Division) (Contracted Services).

On the motion of Mr. Clark, second by Mr. Troy, Agenda No. 10 was introduced. Ms. Breed said that because there have been several abolish/creates lately, suggesting larger government. I will be voting no, supporting smaller government. Adopted by all members voting aye, Ms. Breed voting nay, Agenda No. 10 became Resolution No. 250-06: Abolish/Create/Create Health Department Part Time Public Health Hospital Coordinator/Temporary Part Time Public Health Hospital Coordinator/Assistant Director of Patient Services.

On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all members voting aye, Agenda Item No. 11 became Resolution No. 251-06: Authorize Home Rule Request Long-Term Lease Of Dwyer Park Pavilion To Cortland Repertory Theatre, INC. Highway Department. Ms. Tytler expressed that she was pleased that this has been done.

On the motion of Mr. Tagliente, second by Ms. Price and adopted by all members voting aye, Agenda Item No. 12 became Resolution No. 252-06: Award Highway Bid –Reconstruction of Page Green Road Phase II (C.R. 122).

On the motion of Mr. Tagliente, second by Mr. Cornell and adopted by all members voting aye, Agenda Item No. 13 became Resolution No. 253-06: Authorize Agreements/Road & Bridge Construction Highway Department.

On the motion of Mr. Tagliente, second by Mr. Clark and adopted by all members voting aye, Agenda Item No. 14 became Resolution No. 254-06: Approve Contract For Engineering Jennings Creek Road Over Big Brook (C.R. 136).

On the motion of Mr. Tagliente, second by Mr. Troy and adopted by all members voting aye, Agenda Item No. 15 became Resolution No. 255-06: Authorize Adopt-A-Highway Agreement Highway Department.

On the motion of Mr. Tagliente, second by Ms. Price, Agenda Item No. 16 was introduced. Ms. Breed asked who selected this firm and why is there no cap on this resolution? Mr. Schrader answered that this is a Federal project and we have to follow their rules. A committee was established to review engineering firms. There is an involved scoring system to select the firm; the highest scorer receives the project.  The federal government prohibits us from capping contracts of this sort. Adopted by all members voting aye, Agenda Item No. 16 became Resolution No. 256-06: Approve Contract For Engineering Reconstruction of Page Green Road Phase II (C.R. 122).

On the motion of Mr. Tagliente, second by Mr. Cornell and adopted by all members voting aye, Agenda Item No. 17 became Resolution No. 257-06: Award Highway Bid

Landfill Closure Landfill/Highway Department.

On the motion of Ms. Price, second by Mr. Troy, Agenda Item No. 18 was introduced.  The Chairman invited Kristen Monroe, Commissioner of Social Services and Carol Deloff, Director of the Office of the Aging to the podium to give Legislators background on this resolution. Ms. Monroe explained that the State Department of Health and the Office of the Aging have solicited applications from Counties to develop a single point of entry for services ranging from in-home services to nursing home placements.  Carol and I are excited about this as we have seen the need prior to this incentive. In collaboration with our partners, the objectives are to make sure people are educated about services available, range of services and make the best choices in a very confusing system.

This application will give structure to do what is needed to do to streamline services in the future where more people will need long term care

There is up to $52,000. available if we meet certain milestones. Ms. Deloff added that the winner in the proposal is the consumer, as it will make it easier to access services.     

Adopted by all members voting aye, Agenda Item No. 18 became Resolution No. 258-06:Authorize Agreement Cortland County Area Agency on Aging and Department of Social Services (Point of Entry for Long Term Care Services).

On the motion of Ms. Price, second by Mr. Tagliente and adopted by all members voting aye, Agenda Item No. 19 became Resolution No. 259-06: Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods.

On the motion of Ms. Price, second by Ms. Breed and adopted by all members voting aye, Agenda Item No. 20 became Resolution No. 260-06:Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies.

On the motion of Ms. Price, second by Mr. Tagliente and adopted by all members voting aye, Agenda Item No. 21 became Resolution No. 261-06: Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy Products  

On the motion of Ms. Price, second by Mr. Tagliente Agenda Item No. 22 was introduced. Ms. Breed asked what does “on an intermittent and continual basis mean”? Mr. Schrader said that we expect intermittent absences from a couple of staff members so this would allow us to fill when they occur. Adopted by all members voting aye, Agenda Item No. 22 became Resolution No. 262-06 Create and Fill Position Area Agency on Aging/Nutrition Program (Temporary Food Service Helper).

On the motion of Ms. Price, second by Ms. Breed and adopted by all members voting aye, Agenda Item No. 23 became Resolution No. 263-06: Amend 2006 Budget Department of Social Services (Home Energy Assistance Program/HEAP).

On the motion of Ms. Price, second by Mr. Cornell and adopted by all members voting aye, Agenda Item No. 24 became Resolution No. 264-06:Authorize Agreement

Department Of Employment And Training And The New York State Department Of Labor.

On the motion of Ms. Price, second by Mr. Troy and adopted by all members voting aye, Agenda Item No. 25 became Resolution No. 265-06: Amend Budget Department of Employment and Training (Title V – Senior Community Services Employment Program).

On the motion of Mr. Ross, second by Ms. Price and adopted by all members voting aye, Agenda Item No. 26 became Resolution No. 266-06: Supporting an application for State Assistance Payments Under the New York State Bond Act to Purchase Development Rights on the Vormwald Family Farm, Town of Preble, Cortland County, Cortland County Planning Department.

On the motion of Mr. Ross, second by Mr. Armstrong Agenda Item No. 27 was introduced. Ms. Tytler asked for Michael McMahon to explain this resolution. Mr. McMahon introduced himself as co-partner of the McMahon E-Z Acres Dairy in the Town of Homer and stated his background on numerous boards and committees, most recently being appointed to the IDA Board, noting that he is the only farmer in the state with a seat on that board and thanked the Chairman for her foresight.

Upon being appointed to the Farmland Protection Board, it was discovered that there was no formal screening process being used for farms applying for purchase development rights. After some research, I noted that the USDA had a point system that closely resembled what we needed and the board agreed. However, when we used their criteria that had point system of 65, most of the farms were eliminated. We tweaked the points to better reflect our farm community and came up with a 60-point criteria. Changes in the formula resulted in putting more emphasis on soil quality; less on development pressure. We encourage development on poor quality soils.

Ms. Breed questioned how many applications should the Legislature expect- a large or small number. Mr. McMahon replied it would be a very small number due to the strict screening process.  Mr. Willcox asked what would happen to the land on the hill; can it be excluded? Mr. McMahon said that some farmers survey and separate those lands to eliminate the issue, which we encourage. Keep in mind that the purpose of all of this is to encourage development of the hillsides and preserve the soils of the valley forever.

Adopted by all members voting aye, Agenda Item No. 27 became Resolution No. 267-06: Amend Resolution 266-06  Adopt the Cortland County Purchase of Development Rights Review Criteria Planning Department.

On the motion of Mr. Ross, second by Ms. Price and adopted by all members voting aye, Agenda Item No. 28 became Resolution No. 268-06: Authorize Grant Application New York State Department of Agriculture and Markets Farmland Viability Grants Program New York Agricultural Land Trust Cortland County Planning Department.

 

ANNOUNCEMENTS:

Mr. Cornell announced CCTVS Meeting at 7:30 in Room 304

Ms. Tytler announced Planning Sub Committee Meeting next week

The Chairman announced a brief Democratic Caucus following this meeting

Meeting was adjourned at 7:17 PM