Approved Minutes of Legislative Session: March
23, 2006 6 PM Meeting
Meeting was called to order at 6:04 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 and Mr. Tagliente marked as absent.
The minutes of February 23,
2006 Legislative Meeting were unanimously approved .
A Proclamation was read by the Clerk declaring March, as Developmental
Disabilities Month. Chairman Brown introduced Cortland Madison County ARC
representatives; Sharon Radley, Director of Cortland Operations, Jolene
Walters, Community Development Coordinator, Ray Lewandowski, Executive
Director and John Gradey, Program Consumer. She invited Mr. Grady to the
podium to accept the document and expressed gratitude for the services that
ARC provides to disabled clients in the community. Mr. Lewandowski requested
to speak and outlined the history and work of ARC as well as other agencies
that serve the disabled. He noted that this is the 40th anniversary
of Camp ARCO this year and thanked the Legislature for their support. Applause
from the entire Legislature.
Receive and File:
On the motion of Mr. VanDee, second by
Mr.Williams, the Annual Report-County Historian was received and filed.
On the motion of Mr. Ross. second by Mr.
VanDee, Letter from Commissioner of Agriculture and Markets of the State of
New York- Approval of Cortland County Agricultural District No. 1 was received
and filed.
Special
Articles:
On the motion of Ms. Price, second by Mr.
Armstrong and adopted by all members voting aye, Special Article No. 1 was
moved to the floor.
On the motion of Ms. Brown, second by Ms.
Price and adopted by all members voting aye, Special Article No. 1 became Resolution
No. 129-06:
A Resolution Authorizing Various Capital Items For The Highway Department In
And For The County of Cortland, New York, at a Total Maximum Estimated Cost of
$3,150,000. and Authorizing The Issuance of $3,150,000 Bonds of Said County to
Pay the Costs Thereof.
On the motion of Ms. Price, second by Mr. Daniels and adopted by all members
voting aye, Special Article No. 2 was moved
to the floor.
On the motion of Ms. Brown, second by Mr.
VanDee and adopted by all members voting aye, Special Article No. 2 became Resolution
No. 130-06:
A Resolution Relating to Adoption of State Legislation to Provide For a Credit
Against Personal Income Tax For Volunteer Firefighters and Members of
Volunteer Ambulance Corps
Ms. Breed asked to reconsider Resolution
No. 116-06:
Appointment of Jail Physician adopted at the February 23rd
legislative session stating that she was not convinced that facts were
considered when presented. She said she had talked with several members of the
medical community and none of them were aware of the position being available
and they would have liked to have had the ability to bid on the opening. She
further stated that she feels that we need to be more sensitive to the
taxpayer, the community and hire locally. She questioned why the budget
reflect a 3% raise if it was a best bid situation.
In conclusion, she wished to change her vote. Mr. Willcox seconded the
motion to reconsider. After a brief delay, copies of the resolution 116-06
were made available to all legislators. Chairman Brown asked for discussion on
the motion. Mr. Willcox stated that he didn’t see any mention of a bid in
the resolution. Ms. Price asked if this is the hiring of professional
services. Ms. Tytler and Mr. VanDee asked if this was a motion to consider the
vote. Chairman Brown asked if there was any more discussion and moved the
motion to re-consider to a roll call vote. The motion was defeated with Mr.
Armstrong, Ms. Breed, Mr. McKee, Mr. Ross, Ms. Tytler, Mr. Willcox and Mr.
Williams voting aye and Mr.
Clark, Mr. Dafoe, Mr. Daniels, Mr. Hartnett, Ms. Price, Mr. Spaulding, Mr.
Steger, Mr. Troy, Mr. VanDee and Ms. Brown voting nay.
Chairman Brown introduced Mr. Carl Haynes, President of Tompkins-Cortland
Community College to give a State of the College address. Mr. Haynes
thanked the legislators for the opportunity to speak and distributed copies of
the Annual Report outlining information contained within. He highlighted the
College’s continued growth with increased enrollment, expansion to academic
programs, outreach and Capital improvement projects noting that with the
Master Plan, State funding looks positive at this point. The college has
received two special awards, one from Digital Technology and the Case Award
for fundraising. “Imagine TC-3”
started with a summit last year and is continuing to assess the role of the
college for the future. The
Middle States Accreditation process will be beginning this year as we are
nearing the end of the ten year accreditation time frame.
Mr. Haynes asked for questions. Mr. VanDee commended him for the great
job the college is doing for the community. Mr. Williams asked if the brochure
was the product of the students. Mr. Haynes said it was a combined effort of
students and staff. Chairman Brown thanked Mr. Haynes for the update.
Applause from the legislature.
Resolutions:
On the motion of Ms. Brown, second by Mr.
Armstrong and adopted by all members voting aye, Agenda Item No. 1 became Resolution
No. 131-06:
Re-Appointment Agricultural and Farmland Protection Board.
On the motion of Ms. Brown, second by Ms. Price and adopted by all members
voting aye, Ms. Breed voting nay, Agenda Item No. 2 became Resolution No. 132-06:
Appoint Members
MRDD Subcommittee of the Cortland County
Community Services Board.
On the motion of Ms. Brown, second by Mr. Armstrong and adopted by all members
voting aye, Agenda Item No. 3 became Resolution
No. 133-06:
Appoint Members Records Management Advisory Board.
On the motion of Ms. Brown, second by Mr. VanDee and adopted by all members
voting aye, Agenda Item No. 4 became Resolution
No. 134-06:
Appoint Cortland County Liaison
TC-3 Board of Trustees.
On the motion of Mr. VanDee, second by Mr. Hartnett and adopted by all members
voting aye, Agenda Item No. 5 became Resolution
135-06:
Transfer Property Tax Foreclosed by Cortland County December 31, 2003.
On the motion of Mr. VanDee, second by Ms. Price and adopted by all members
voting aye, Agenda Item No. 6 became Resolution
136-06:
A Resolution Authorizing the Issuance of $4,695,000. Serial Bonds of the
County of Cortland, New York, to Pay Part of the $6,280,120. County of
Cortland’s Share of the Tompkins Cortland Community College Campus Master
Plan Recreational Facility Improvement.
On the motion of Mr. VanDee, second by Mr. Armstrong, Agenda Item No. 7 was
introduced. Mr. Williams asked if anyone knows what the County receives from
OTB. Mr. Schrader answered that historically it has been approximately
$200,000, however it has gone down partially due to the video lottery machines
and this year it is in the ballpark of $125,000.
Adopted by all members voting aye, Ms. Breed,
Mr. Ross, Mr. Willcox and Mr. Williams voting nay, Agenda Item No 7 became Resolution
137-06:
Support of Preserving Cortland County’s Role In the Future of Of Track
Betting.
On the motion of Mr. VanDee, second by Mr. Williams, Agenda Item No. 8 was
introduced.
Ms. Breed asked if there was criteria involved
when passed last year. Mr. Schrader stated no. Adopted by all members voting
aye, Agenda Item No. 8 became Resolution
No. 138-06:
Establish Review Criteria and Loan Review
Procedures for GROW Cortland Business Devolvement Fund.
On the motion of Mr. Dafoe, second by Ms. Price, Agenda Item No.9 was
introduced. Mr. Willcox stated that while he will be voting yes to this item,
but he did the calculation based on a 35 hour week and believes the taxpayer
should know that this costs over $35,000.
Mr. Schrader disagreed with these estimates as
it is based upon a 40 hour week. Mr. Willcox said then that it would be, with
overtime, approximately $40,000. Mr. Schrader said it is less than that.
Adopted by all members voting aye, Agenda Item No. 9 became Resolution No. 139-06: Abolish/Create Buildings &
Grounds Department Cleaner(2 positions)/Custodian(2 positions).
On the motion of Mr. Dafoe, second by Mr. Hartnett, and adopted by all members
voting aye, Agenda Item No. 10 became Resolution
No. 140-06:
Authorize Agreement SimplexGrinnell LP/Fire Alarm Service Buildings and
Grounds Department /Rescind Resolution No. 30-06.
Agenda Item No. 11 Authorize Agreement Bell and Spina Implement July 2005
Court Consolidation Study – Phase I was pulled by Mr. Dafoe .
Mr. Dafoe asked the county Administrator if we
are waiting for bids. Mr. Schrader said yes. Mr. Dafoe asked if we are
receiving other proposals. Mr. Schrader responded that he hadn’t been given
that direction to do so. Mr. Dafoe said that he thinks it should be; Mr
Schrader responded okay. Mr. Ross
asked if this was time sensitive. Mr. Schrader said he talked to the Court
System today and was assured that the funding is going to be carried over into
the State’s next fiscal year. They also indicated that the County had time
to seek proposals.
On the motion of Mr. Clark, second by Mr. Troy, Agenda Item No. 12 was
introduced. Ms. Breed asked if there was any specific use of these monies by
Catholic Charities. Ms. Price and Chairman Brown confirmed that the money is
for the Charles Street Residence. Adopted by all members voting aye, Agenda
Item No. 12 became Resolution
No. 141-06:
Authorize Agreement/Amend
Budget Mental Health Department (NYS
Office Of Alcoholism & Substance Abuse Services).
On the motion of Mr. Clark, second by Ms. Breed, and adopted by all members
voting aye, Agenda Item No. 13 became Resolution
No. 142-06:
Amend Budget Mental Health Department
(NYS Office of Alcoholism & Substance
Abuse Services).
On the motion of Mr. Clark, second by Mr. Daniels, and adopted by all members
voting aye, Agenda Item No. 14 became Resolution
No. 143-06:
Authorize Agreement Cortland County Health Department/Nursing Division
Independent Peer Review Organization.
On the motion of Mr. Clark, second by Ms. Price, and adopted by all members
voting aye, Agenda Item No. 15 became Resolution
No. 144-06:
Authorize Agreements Health Department (Hospice Division) (Contracted
Services).
On the motion of Mr. Dafoe, second by Mr. McKee, and adopted by all members
voting aye, Agenda Item No. 16 became Resolution
No. 145-06:
Authorize Contract/Highway
Department
Town of
Cincinnatus (Snow
and Ice - County Roads).
On the motion of Mr. Dafoe, second by Mr.
McKee, and adopted by all members voting aye, Agenda Item No. 17 became Resolution
No. 146-06:
Authorize Contract/Highway
Department
Town of
Taylor (Snow
and Ice - County Roads).
On the motion of Mr. Dafoe, second by Mr. Armstrong, and adopted by all
members voting aye, Agenda Item No. 18 became Resolution
No. 147-06:
Authorize Contract/Highway
Department
Town of
Homer (Snow
and Ice - County Roads).
On the motion of Mr. Dafoe, second by Mr. Armstrong, and adopted by all
members voting aye, Agenda Item No. 19 became Resolution
No. 148-06:
Award Highway Equipment – One (1) Rubber Tire Excavator Highway Department.
Ms. Breed questioned why there was only one bidder. Mr. Schrader said in this
instance, it was due to the specialized piece of equipment.
On the motion of Mr. Dafoe, second by Mr. VanDee, and adopted by all members
voting aye, Agenda Item No. 20 became Resolution
No. 149-06:
Award Highway Equipment – Self -Propelled Force Feeder Loader Highway
Department.
On the motion of Mr. Dafoe, second by Mr. Armstrong, and adopted by all
members voting aye, Agenda Item No. 21 became Resolution
No. 150-06:
Award Highway Equipment – Hydraulic Detachable Gooseneck Trailer Highway
Department.
On the motion of Mr. Dafoe, second by Mr. Armstrong, and adopted by all
members voting aye, Agenda Item No. 22 became Resolution
No. 151-06:
Award Highway Equipment – Track Excavator and Off Road Articulating Dump
Truck Highway Department.
On the motion of Mr. Dafoe, second by Ms. Price, and adopted by all members
voting aye, Agenda Item No. 23 became Resolution
No. 152-06:
Transfer Funds Highway Department.
On the motion of Mr. Dafoe, second by Mr. Troy, Agenda Item No. 24 was
introduced. Mr. Daniels said this
will be a savings of $100,000. and commended
Superintendent of Highways, Don Chambers. Mr. Willcox asked how long
this is for. Mr. Schrader said it will be perpetual. Mr. Willcox asked if
there is any escalating cost. Mr. Schrader answered no, that the fee will be
set by the Legislature until such time it is deemed appropriate to increase
the fee. Ms. Breed questioned the monitoring procedure by the DEC. Mr.
Schrader said that the vendor has to provide lab analysis of the ash and once
established that there are no contaminates, the site becomes certified. Mr.
Daniels added that the hauler must have a permit so the analysis will be with
us at all times. Mr. VanDee added that this could potentially be a savings of
more than $100,000. as it doesn’t take up as much space as the shale method.
Adopted by all members voting aye, Agenda Item No. 24 became Resolution
No. 153-06:
Authorize Tip Fee/Highway
Department Cortland County Landfill..
On the motion of Ms. Price, second
by Mr. Troy, and adopted by all members voting aye, Agenda Item No. 25 became Resolution No. 154-06:
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. 26 became Resolution
No. 155-06:
Amend Budget Area Agency on Aging
(Long Term Care Education Information and
Outreach Program).
On the motion of Ms. Price, second by Mr. Troy, and adopted by all members
voting aye, Agenda Item No. 27 became Resolution
No. 156-06:
Amend Budget Area Agency on Aging
(State Pharmaceutical Assistance Program).
On the motion of Mr. Daniels, second by Mr. Armstrong, and adopted by all
members voting aye, Agenda Item No. 28 became Resolution
No. 157-06:
Transfer Equipment Sheriff's Department (The New York, Susquehanna
& Western Railway Corporation).
On the motion of Mr. Daniels, second by Ms. Breed, and adopted by all members
voting aye, Agenda Item No. 29 became Resolution
No. 158-06:
Authorize Agreement Sheriff's Department
Soft Code, Inc.
On the motion of Mr. Daniels, second by Mr. Armstrong, Agenda Item No 30 was
introduced. Ms. Breed asked how many applications were received. Mr. Schrader
responded that there were no immediately qualified candidates. There were two
resumes submitted by individuals interested in being
trained as a Coroner; we will be talking about that in committee to
make sure we have some redundancy in our Coroner program. Adopted by all
members voting aye, Agenda Item No. 30 became Resolution No. 159-06:
Appoint County Coroner.
On the motion of Mr. Daniels, second by Ms. Price, and adopted by all members
voting aye, Agenda Item No. 31 became Resolution
No. 160-06:
Resolution Appointing Coroner’s Physician.
On the motion of Mr. Daniels, second by Mr. Ross, and adopted by all members
voting aye, Agenda Item No. 32 became Resolution
No. 161-06:
Adoption of the National Incident Management System (NIMS) Fire &
Emergency Management.
On the motion of Mr. McKee, second by Mr. Armstrong, and adopted by all
members voting aye, Agenda Item No. 33 became Resolution
No. 162-06:
Amend Budget Cortland County Clerk.
On the motion of Mr. McKee, second by Mr. Armstrong, and adopted by all
members voting aye, Agenda Item No. 34 became Resolution
No. 163-06:
Amend Management/Management
Confidential Compensation Policy (Several Positions).
On the motion of Mr. Ross, second by Mr. Troy, and adopted by all members
voting aye, Agenda Item No. 35 became Resolution
No. 164-06:
Authorize Participation in Joint Bid Process for Purchase of Buses
Planning Department (Allegany County).
On the motion of Mr. Ross, second by Mr. Armstrong, and adopted by all members voting aye, Agenda Item No. 36 became Resolution No. 165-06: Amend 2006 Budget Planning Department (5311 STOA Program).
On the motion of Mr. Ross, second by Mr.
Armstrong, Agenda Item No. 37 was introduced. Mr McKee stated that he could
not support this resolution as the people that maintain the trails are all
volunteers. He has supported this in the past at a lesser amount but cannot
support it at this level. Mr. Willcox stated that he understood that the
Governor had taken half the money and asked if this affects this in any way.
Mr. Schrader responded yes. Mr. Steger said it was his understanding that it
had been recommended but hadn’t passed as yet. Adopted by all members voting
aye, Mr. McKee voting nay, Agenda Item No 37 became Resolution
No. 166-06:
Amend 2006 Budget Planning Department
(Snowmobile Trail Development and Maintenance).
On the motion of Mr. Ross, second by Mr. Hartnett, Agenda Item No. 38 was
introduced. Mr. Spaulding stated this was an outstanding effort of the County
and the City working together and commended Mr. Orange of the Social Cluster
Group for getting this accomplished. Ms. Price asked for privilege of the
floor for Mr. Orange to speak on the background of this project. Mr. Orange
said that the Social Cluster Group is an interfaith committee that identified
this problem about two years ago. Many contacts were made and ultimately they
received a grant from Cortland County Savings Corp. for $2,000. Susan Feiszli
and Sandra Price became involved and it was through those efforts that the bus
shelter became a reality to provide a safe place for our community. He thanked
the legislators for their part of the project. Adopted by all members voting
aye, Agenda Item No. 38 became Resolution
No. 167-06: Amend 2006 Budget
Cortland County Planning Department Accept
Funds/Purchase Bus Shelter.
Ms. Breed asked to read to the minutes the following statement:
I am concerned regarding the lack of reporting from our County Auditor,
Mr. Whitt. I have tried to have
discussion regarding this in the Budget and Finance committee meetings, but my
comments appear to be falling on deaf ears.
This is an issue that I believe the taxpayers should be aware of since
it is THEIR tax dollars that are paying his salary. I would refer you to the
minutes of the February meeting of the B&F committee from which I would
like to read an excerpt.
Mrs. Breed stated that Mr. Whitt has been asked in the past to report to
the Budget & Finance Committee what audits he has been conducting.
Ms. Breed suggested that the committee ask him to report on a monthly
basis what he is auditing. Mr. Whitt stated that he willing to report on a monthly
basis. Mr. Schrader stated that
there is a difference between what Legislator Breed is suggesting and what Mr.
Whitt was hired for. Mr. Schrader
stated that the County Auditor, Mr. Whitt, reports to him on a daily basis.
Mr. Schrader briefly discussed the intent of the County Auditor’s
position when Mr. Whitt was hired.
Mr. Schrader went to remind
committee members of what happened in the Treasurer’s Office and discussed
reports issued by the County Auditor being similar to the
Treasurer’s Office and “airing our dirty laundry publicly.”
Mr. Schrader went on to discuss that this policy, requiring the County
Auditor to publish reports on what he is auditing, could be a slippery slope
in regards to what is reported. Mr.
Schrader went on to state that he would like to caution the committee members
because this could become very public. Mr.
Schrader discussed bringing everything in compliance and having Mr. Whitt
assist with that. Mr. Van Dee
stated that he would not require Mr. Whitt to provide a monthly report.
Mr. Schrader stated that the report should be left up to the judgment
of Mr. Whitt as to what he reports.
Ms. Breed stated that Mr. Schrader misunderstood what she was asking.
She went on to discuss that she would like to have Mr. Whitt report and
show that he has done an audit on a certain department, like policies and
procedures. She additionally
discussed that she is requesting a report on what he has been doing.
Ms. Breed
did explain that she is not requesting specific details. Mr. Van Dee requested that Ms. Breed put this
item on the agenda as a discussion item at the next Budget & Finance
Meeting.” End quote.
I guess I don’t understand Mr. Whitt and Mr. Schrader being so concerned
about “airing our
dirty laundry in public”. Who are we serving here?
I think the taxpayers deserve to know if there are problems with our
systems and/or services being provided to them.
I don’t expect to have individuals named in any reports, only any
deficiencies found or policies and procedures that are not be followed
properly. And further, suggestions on how to solve the issues found.
How is that detrimental to the taxpayers of this county? I feel we as legislators should be more concerned about the
needs and rights of the taxpayers than worrying about “dirty laundry”.
I sent an email to Mrs. Brown, Mr.VanDee, Members of the B&F committee
and Mr. Schrader requesting that this item be placed on the agenda for the
March 16th B&F committee meeting.
I attended the meeting, but the item was not shown on the agenda.
I stayed from 7:30 to 9:00 am. It
appears from the meeting minutes that the subject was brought up soon AFTER I
left the meeting. Since it
appears that they discussed this after my departure, it is apparent that they
did not feel the need for my input. I
feel it necessary to address this at this time.
Let me refer you to Resolution 113-04 entitled Appoint County
Auditor/Abolish Accountant Amend Budget presented and approved at the
legislative session of April 15, 2004. To
quote from the body of this document “Whereas, it is deemed more appropriate
to appoint a full-time County Auditor to address the deficiencies of the
County’s accounting systems in lieu of filling the full-time Accountant
position created in the Treasurer’s office.”
My question is what has Mr. Whitt done as far as audits and/or
corrective measures to address any deficiencies found?
We have never received any reports that indicate what has been
accomplished. Has he physically
conducted any audits within the Treasurer’s office regarding adherence to
policies and procedures and subsequently reported to the legislature regarding
suggestions for corrective measure, changes to policies or procedures? Has he
conducted audits of any other departments?
What were the results of those audits?
“The County Legislature
created and employed a full-time County Auditor to specifically perform
internal audits of the County Treasurer and all other County Departments.
The County Administrator
and County Auditor will report DIRECTLY to the County Legislature through the
appropriate jurisdictional committee and the Chairman, their findings and
provide REGULAR STATUS REPORTS OF THE CORRECTIONS IMPLEMENTED.” This would,
I suggest, indicate that the legislature is to receive regular reports from
the Auditor on those audits provided, not by reporting only to Mr. Schrader,
but rather to the ELECTED LEGISLATORS as was intended.
And finally, to back up my claims that this has been requested previously,
I will refer you to the minutes of the B&F committee of May 12, 2005.
Quoting from portions of those minutes:
“ Mrs. Breed commented that audit is a function that has a lot of
different aspects to it. She
believes all the contracts should be audited and a report generated on what
was found and how we can fix it…..”
further quoting “Mrs.Tytler stated that she is trying to get an
understanding of her role. She
perceives her role as being one of hearing reports from the Auditor, looking
at systemic issues and then addressing them in a County-wide manner.
She is not expecting to hear or be involved in the day-to-day auditing
of all these things. She expects and Auditor will find things that are wrong or
that can be corrected on a basis with the department/individual and not made
into a larger issue…”.
And in the last paragraph of those minutes I quote the following:
“There was much discussion by several members of the Audit committee and
the responsibilities of the Auditor. Mrs. Breed stated that she would like to
see a monthly overview from the County Auditor of the projects he has been
working on. She would like to see
a broad -brush overview. “
He has also been requested previously by another legislator to simply
report on his activity to his legislative committee (B&F) and subsequently
to the entire legislative body- no details necessary, just an activity report
(e.g., "I spent time investigating matters related to overtime charges in
the Sheriff's Department"; or, perhaps something like, "I spent time
auditing certain matters that are not appropriate for discussion at this
time. I expect to have this matter concluded in the next six to eight
weeks, at which time I would like to present my findings in executive
session".). Whenever questioned about not reporting at all, he
is always evasive about it, and never commits to doing it.. I don’t
recall him ever giving a status report.
I apologize for this long-winded dissertation, but it appears this will
not be addressed unless we bring this lack of concern regarding reporting
issues to the public view. We
were not hesitant to request reports from our Treasurer’s office, and yet we
are asked to expect less from our Auditor?
He needs to be held responsible for his duties just as we require of
all department heads and employees. As
legislators it is our responsibility to ensure the taxpayers are receiving
full measure for their tax dollars in all areas.
Mr. VanDee responded to Ms. Breed, that it was discussed at the last
Budget and Finance Meeting for about 15 minutes and if you had to leave, I am
not going to apologize for that. Ms. Breed said that it was not on the agenda.
Mr. VanDee agreed that it was not on the agenda, however it was done under
discussion and if you left early, it’s because you left early.
Chairman Brown declared the meeting adjourned.
Meeting adjourned at 7:10 PM.