Approved Minutes of November 30, 2006 6 PM Meeting
First Day of Annual Session
A Public Hearing to consider Local Law #1 for the Year 2006: A LOCAL LAW PROVIDING FOR THE CREATION OF THE OFFICE OF CONFLICT ATTORNEY FOR INDIGENT DEFENSE; FIXING THE TERM OF OFFICE, COMPENSATION AND DUTIES OF THE CONFLICT ATTORNEY; PROVIDING FOR THE REPRESENTATION OF INDIGENT DEFENDANTS UNABLE TO BE REPRESENTED BY THE PUBLIC DEFENDER DUE TO CONFLICT; AND PROVIDING FOR PLAN PROCEDURES FOR ASSIGNED COUNSEL DEFENSE IN CASES OF CONFLICT WITH THE PUBLIC DEFENDER’S AND CONFLICT ATTORNEY’S OFFICES was opened at 6:08 PM by Chairman Brown.
The Chairman read the Rules of the Hearing. The Clerk read the Legal Notice as published in the Cortland Standard. Chairman Brown asked if there was anyone present that wished to speak regarding the Local Law.
Bruce Fein, local attorney and President of the Cortland County Bar Association addressed the Legislators. He thanked the County Attorney for meeting with their liaison, Mardis Kelson and Mr. Daniels, Chairman of Judiciary and Public Safety for listening to the concerns of the Bar Association. Mr. Fein cautioned Legislators that Chief Administrative Judge Jonathan Lippman rejected the previous proposed assigned counsel plan because the plan called for the Public Defender as the administrator of the assigned counsel. Mr. Fein has submitted Attorney General Opinions and other documentation that this plan is not provided for under Section 722. While there are other counties that use conflict attorney offices, they have not been approved by the Office of Court Administration. The Bar Association does not believe that the creation of one attorney will be sufficient to handle the business required in all the courts in this County. Further, the Bar Association also does not believe this will save the amount of money that is hoped for. He thanked Legislators for the opportunity to speak.
Chairman Brown asked two more times if there was anyone else who wished to speak against the proposed Local Law. Chairman Brown asked three times if there was anyone who wished to speak in favor of the Local Law. With no one else wishing to speak, the Chairman closed the Public Hearing at 6:15 PM.
Meeting was called to order at 6:16 PM by Chairman Brown, followed by the Salute to the Flag.
The Clerk took Roll Call with all members recorded as present, except Mr. Hartnett, excused.
The minutes of October 25, 2006 Legislative Meeting and November 16, 2006 Public Hearing were unanimously approved.
PROCLAMATION/RECOGNITIONS
A Certificate of Appreciation was presented to Eugene Wright for his 40 years of volunteer service on the Soil and Water Conservation District Board. Chairman Brown said that his commitment to protecting the environment though this long-term service on the Board is to be commended and thanked him on behalf of the full Legislature.
Chairman Brown called forward Matt McEvoy, Matt Sharpe and Phoebe Young to be recognized for their outstanding performance with the 4-H Youth Development program in state and national levels of competition. The Chairman also called Larry Cornell and Merwin Armstrong to present Certificates from the Legislature for the winners. One other recipient, Elissa Roundsville was unable to attend. Chairman Brown commended the accomplishments of these young people. Syd McEvoy, Executive Director of the Cooperative Extension gave background on how the four recipients have achieved this level of competition and thanked the Legislature for honoring their efforts.
Chairman Brown announced that the Cortland County Highway Department has been selected by the Central New York Branch of the American Public Works Association to receive a 2006 Transportation Project of the Year award for the reconstruction of Main Street/Page Green Road Project. She commended Don Chambers and his staff on this accomplishment.
PRESENTATION
The Chairman requested an update from Linda Hartsock regarding the IDA/BDC. Ms. Hartsock reported that due to major readjustments in the County’s strategy in the past 5 years as cited by the following indicators:
In conclusion she stated that business is growing, people are coming, the economy is growing and the County is changing.
She pointed out that there are opportunities and challenges ahead. The opportunities are our assets. New projects in the making are the Fingerlakes Business Park, development of a corporate park in the Preble area, other nodes of development in the Polkville area. Challenges continue to be Buckbee Mears that will continue to haunt us due to absentee ownership in India, cultural differences, and lack of commitment to move this project forward to release the project for marketing. Our larger employers will continue to challenge us with trends of global companies who continue to look at rightsizing, re-engineering and downsizing. However, it is important to look back five years to see the big picture and the pattern emerging to see our success. The projections for 2007 look good and the County has a good track record of managing change and challenges. She concluded with thanking the Legislature for their partnership and support.
RECEIVE AND FILE
On the motion of Ms. Price, second by Mr. Cornell, Bank Balances September & October 2006-Treasurer’s Office and 2006 Third Quarter Sales Tax Distribution-Treasurer’s Office was received and filed, all members voting aye.
RESOLUTIONS
Ms. Price made a motion to reconsider former Agenda Item No. 8 from the October 25, 2006 meeting stating that she still felt strongly about using children as part of this program, however after talking to several people and discovering that if the grant is not accepted that the County will still be responsible to do this without the funding. Chairman Brown agreed saying that she voted no due to issues with exploiting children however she is willing to reconsider her vote. Ms. Tytler said she is still opposed to an operation that uses children to enforce the law however they tie the whole package to the educational dollars and we can’t have one without the other. Second was made to the motion by Mr. Tagliente, all members voting aye except Mr. Williams voting nay.
On the motion of Ms Price, second by Mr. Tagliente and adopted by all members
voting aye, except Mr. Williams voting nay, Motion to Reconsider became
Resolution No. 367-06: Authorize Agreement/Accept Funds Health Department Tobacco Enforcement
Program.
On the motion of Ms. Brown, second by Mr. Spaulding Agenda No. 1 was introduced. Ms. Tytler asked for clarification that this still provides accommodations for the disabled, is that correct? Chairman Brown said yes. Adopted by all members voting aye, Agenda No. 1 became Resolution No. 368-06 Authorize Support Of Suffolk County Lawsuit Against New York State Relating To The Replacement Of Lever Voting Machines Under Help America Vote Act.
On the motion of Ms. Brown, second by Mr. Cornell and adopted by all members
voting aye, Agenda No. 2 became Resolution No. 369-06: Re-Appoint
Member Board of Directors Finger Lakes
Tourism Alliance.
On the motion of Mr. Van Dee, second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 3 became Resolution No. 370-06: Close Law Computers Capital Project/Transfer Funds Capital Projects Fund.
On the motion of Mr. Van Dee, second by Mr. Spaulding and adopted by all
members voting aye, Agenda No. 4 became Resolution No. 371-06: Amend
2006 Budget, Liability Insurance
On the motion of Mr. Van Dee, second by Mr. Armstrong, Agenda No. 5 was introduced.
Mr. Williams said that based on the information presented by Linda Hartsock regarding people moving into the county, I object taxing those new people coming in with a new tax. Mr. Cornell said since the County is in good financial condition that this matter should be put on the back burner until we have a financial bind. Ms. Breed agreed adding that the taxpayer is already facing an increase and this just adds another financial burden on them. Chairman Brown reminded legislators that we are reducing the County share of the sales tax for the next few years and this provides for a miniscule amount to provide for the future. Ms. Breed responded that if that happens then we can impose the tax at that time. Mr. Willcox asked what is the miniscule amount?. Chairman Brown said it is 25 cents on a dollar. Mr. Willcox asked for the total. Mr. Schrader said it is $250,000. Mr. Willcox stated he does not think that was a miniscule amount of money. Adopted by a roll call vote all members voting aye, except Ms. Breed, Mr. Cornell, Mr. McKee, Ms. Price, Mr. Willcox and Mr. Williams voting nay, Agenda No. 5 became Resolution No. 372-06: Home Rule Request Mortgage Tax.
On the motion of Mr. Van Dee, second by Mr. Troy, Agenda No. 6 was introduced.
Ms. Breed said that this information was just received within the last hour
making it difficult to digest the numbers, therefore will be voting no.
Adopted by all members voting aye, except Ms. Breed, Mr. Willcox and
Mr.Williams voting nay, Agenda No. 6 became Resolution No. 373-06:
Revise 2007 Budget.
On the motion of Mr. Van Dee, second by Mr. Spaulding, Agenda No. 7 was
introduced. Mr. Willcox said he would be voting no based upon the following
points. According to a September 5th Post Standard report that
stated that in spite of Cortland County loosing many manufacturing jobs, state
and local salaries exceed private averages by 32%. At a time when local
businesses are laying off employees and/or closing, this budget proposes 16
new positions. This is unacceptable. We have stripped our surplus of $800,000
to pay for long-term projects. If these projects were bundled together and
bonded for, the taxpayer would be looking at a zero tax increase. Referencing
page 187-188 in the budget, he stated that if department heads request
additional staff and the budget eliminates that request those salaries are
deducted. In my business if I do not hire someone, I don’t save anything.
Further, I feel there is a distortion of fringe benefit costs. It is my
understanding that is figured at 40% yet some employees come in at 60-100%. In
reference to Mr. Willcox’s statement on the number of employees, Ms. Tytler
said she understood that it was a net total of seven positions and asked Mr.
Schrader for clarification. Mr. Schrader verified that it was seven. Ms Breed
said that although she is aware that we have new negotiated settlements,
compared to the 2005 budget there is about a 25% increase in payroll expenses
in two years. She said that private industry has not experienced similar
increases. Further, the unresolved fund balance figure on Table 5 of page 7 is
inaccurate since there has been money put into that balance during the year.
On page 8, there are no projections for new construction for reval on existing
dollars in taxable assessed value. The budget figures go up by 1.1 million
dollars over a two-year period, where in prior years it went up 7 million each
year. On page 9, the constitutional tax margin is overstated by 1.2 million
dollars. Further, the projections for County Sales Tax on page 10 are not
accurate. Chairman Brown
apologized for interrupting, but stated that it was totally inappropriate for
Ms. Breed to bring up all these questions now when there were several budget
meetings to address these questions prior to session. Ms. Breed said she wasn’t
invited. The Chairman said that all legislators were included and if anyone
was unable to attend then they could submit their concerns in writing to be
answered and/or addressed. The Chairman reminded her that this is not a Public
Hearing. Ms. Breed said she was trying to point out to the taxpayers that this
budget is totally unfair because of inaccurate figures and the increase does
not have to occur. Mr. VanDee
asked that in the future, if anyone has concerns like this that they
participate in the committee meetings and any and all questions would be
heard. Ms. Tytler said that after 3 years as a legislator, she has listened to
department heads struggle with filling positions under past salary structures
to only lose qualified and good employees to other counties that pay better. I
am proud of the fact that this county now pays a competitive wage.
Mr. Willcox agreed that we are paying a lot of money in payroll but
those wages affect guys like myself. The County can afford to pay the
mechanics a rate that I cannot afford to pay and then I loose them to the
County. Do you think that is fair? Ms.
Tytler responded, “I consider that market.” Mr. Willcox added, “I don’t
have a subsidized market of the taxpayer”. Mr. VanDee said that was an
excellent point. The Chairman agreed. Mr. Schrader pointed to an error in the
Resolution stating that the Tax Levy is $24,877,846, not $24,999,750. On the
motion of Ms. Price, second by Mr. Cornell the Resolution was amended to state
$24,877,846. Agenda Item No. 7
became Resolution 374-06: Adopt
2007 County Budget on a roll call vote, all members voting aye except
Ms. Breed, Mr. Willcox and Mr. Williams voting nay.
On the motion of Mr. Van Dee, second by Ms. Price and
adopted by all members voting aye, Agenda No. 8 became Resolution No.
375-06: Authorizing Accounts
Payable Year End Adjustments to 2006 Budget
Mr. Van Dee pulled Agenda Nos. 9-20.
On the motion of Mr. Clark, second by Ms. Price and adopted by all members
voting aye, Agenda No. 21 became Resolution No. 376-06: Authorize
Agreement/Accept Funds Health Administration Traffic Safety/Child Passenger
Safety Program.
On the motion of Mr. Clark second by Mr. Troy and adopted by all members
voting aye, Agenda No. 22 became Resolution No. 377 -06: Authorize
Agreement Health Department Central NY Regional Immunization Information
System.
On the motion of Mr. Clark, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 23 became Resolution No. 378-06: Authorize Agreement/Accept Funds Health Department/Children with Special Needs Program (Local Department of Social Services).
On the motion of Mr. Clark, second by Mr. Cornell and adopted by all members
voting aye, Agenda No. 24 became Resolution No. 379-06: Authorize
Agreement Health Department/Jacobus Center for Reproductive Health HIV Primary
Care Medicaid Program Agreement.
On the motion of Mr. Clark, second by Mr. Ross Agenda No. 25 was introduced. Ms. Tytler stated that she wanted to be assured that the website will be accessible to the handicap. Mr Clark agreed with that stipulation. Adopted by all members voting aye, Agenda No. 25 became Resolution No. 380-06: Authorize Agreement Cortland County Health Department and Keegan Associates (Website Design).
On the motion of Mr. Clark, second by Mr. Troy Agenda No. 26 was introduced.
Mr. Williams updated his 2006 calculations of outside audits to $235,000.
Chairman Brown reminded him that this one is for 2007. He corrected the tally
to $226,000. Adopted by all
members voting aye, except Mr. Williams voting nay, Agenda No. 26 became Resolution
No. 381 -06: Authorize Agreements Health Department/Hospice (Contractual
Services).
On the motion of Mr. Clark, second by Mr. Spaulding and adopted by all
members voting aye, Agenda No. 27 became Resolution No. 382-06: Authorize
Agreement Mental Health Department (Family Counseling Services Juvenile
Justice Services Program).
On the motion of Mr. Clark, second by Mr. Daniels and adopted by all members voting aye, Agenda No. 28 became Resolution No. 383-06: Rescind Resolution 349-06 Amend Budget/Amend Agreement Mental Health Department (7 Valley CASA).
On the motion of Mr. Clark, second by Mr. Spaulding Agenda No.29 was introduced. Ms. Breed asked what is the rate of adjustment for billing? Mr. Schrader answered that we get to bill at a higher rate. Adopted by all members voting aye, Agenda No. 29 became Resolution No. 384-06: Authorize Amendment, Cortland County Mental Health Clinic, (NEW YORK STATE CATHOLC HEALTH PLAN d/b/a Fidelis Care New York).
On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting aye, Agenda No. 30 became Resolution No. 385-06: Amend Budget Mental Health Department (NYS Office of Alcoholism & Substance Abuse Services).
Mr. Dafoe pulled Agenda Nos. 31 and 32.
On the motion of Mr. Tagliente, second by Mr. Cornell Agenda No 33 was introduced. Mr. Williams asked if the account numbers in this resolution and the one following are equipment accounts. Mr. Schrader responded yes. Adopted by all members voting aye, Agenda No. 33 became Resolution No. 386-06: Authorize Solid Waste Equipment – On Road Tractor Highway Department.
On the motion of Mr. Tagliente, second by Mr. Cornell and adopted by all members voting aye, except Ms. Breed voting nay, Agenda No. 34 became Resolution No. 387-06: Authorize Highway Equipment – Four (4) Snow Plow Trucks Highway Department.
On the motion of Mr. Tagliente, second by Mr. Troy and adopted by all
members voting aye, Agenda No. 35 became Resolution No. 388-06:
Multi-Modal 2000 Agreement Highway Department.
On the motion of Mr. Tagliente, second by Mr. Spaulding and adopted by all
members voting aye, Agenda No. 36 became Resolution No. 389-06:
Authorize Inter-municipal Agreement Highway Department.
On the motion of Mr. Tagliente, second by Mr. Troy and adopted by all members voting aye, Agenda No. 37 became Resolution No. 390-06: Authorize Agreement Landfill/Highway Department Marcy Excavation Co., Inc.
On the motion of Mr. Tagliente, second by Mr. Cornell and adopted by all
members voting aye, Agenda No. 38 became Resolution No. 391-06: Amend
Capitol Project Budget Landfill Capping Project.
On the motion of Mr. Tagliente, second by Mr. Cornell Agenda No. 39 was
introduced. Ms. Tytler said she believed that they should be employed by the
County rather than sub contracted by agreement. Adopted by all members voting
aye, except Ms. Tytler voting nay, Agenda No. 39 became Resolution No.
392-06: Authorize Agreement
Recycling/Highway Department J.M. Murray Center-Recycling Sorting Services.
On the motion of Ms. Price second by Mr. Troy Agenda No 40 was introduced. Ms. Breed asked if these were all non dollar amounts. Ms. Price answered no and asked Ms. Deloff who confirmed the answer. Ms. Breed asked how we can approve contracts with no dollar amounts? Chairman Brown answered that we do this every year as they are approved by the County Attorney. Ms. Breed asked if the amounts were stated in the budget. The Chairman responded yes. Mr. Willcox asked if the total amount was available. The Chairman said that they are in the budget. Ms. Price said that on such short notice we are unable to give you these figures but will provide them to you. Ms. Breed agreed to receive the information at a later date. Adopted by all members voting aye, Agenda No. 40 became Resolution No. 393-06: Authorize Agreements Area Agency on Aging (Several Agencies, Departments, Etc.).
On the motion of Ms. Price, second by Mr. Troy Agenda No. 41 was introduced. Ms. Breed asked if this is in the budget, and if not-why not. Mr. Schrader stated that it wasn’t approved in time for the budget. Ms. Breed said that we didn’t approve the Conflict Attorney position and that was in the budget. The Chairman stated that this was not in the budget. Adopted by all members voting aye, except Ms. Breed and Mr. Willcox voting nay, Agenda No. 41 became Resolution No. 394-06: Abolish/Create Department of Social Services Case Supervisor Grade A/Director of Social Services.
On the motion of Ms. Price second by Mr. Troy and adopted by all members voting aye, Agenda No. 42 became Resolution No. 395-06: Authorize Agreements Department of Social Services (Several Agencies, Departments, Etc.).
On the motion of Ms. Price second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 43 became Resolution No. 396-06: Authorize Agreements Department of Social Services (Foster Care).
On the motion of Ms. Price second by Mr. Troy and adopted by all members voting aye, Agenda No. 44 became Resolution No. 397-06: Authorize Agreements Department of Social Services (Day Care Services).
On the motion of Ms. Price second by Mr. Clark and adopted by all members
voting aye, Agenda No. 45 became Resolution No. 398-06: Authorize
Agreements Department of Social Services (Work Experience Work Sites).
On the motion of Ms. Price second by Mr. Clark and adopted by all members voting aye, Agenda No. 46 became Resolution No. 399-06: Resource Allocation Plan NYS Office of Children and Family Services Youth Bureau.
On the motion of Mr. Daniels second by Mr. Troy Agenda No. 47 was introduced.
Mr. Williams asked the County Attorney for his opinion regarding the issues raised by the legal community of the proposed local law. Mr. VanDonsel said that in his opinion, the proposal for a conflict attorney in and of itself is compliant with section 722. It is the County’s province to create a public defender system as one of three options. A conflict attorney that is independent of the pubic defender is a component of that. When the County provides services for indigent defendants in the family court system it combines our public defender system with the assigned counsel plan to supplement, as it is not possible or affordable to not have an assigned counsel plan. The portion of the proposal we need to do in conjunction with Judge Lippman’s advice is a work in progress and I need to continue my discussions in approving that assigned counsel system. The Local Law itself is an appropriate one so long as I can bring back some level of adjustment to how the assigned counsel system is administered, who will be assigned and how it will go through the courts. The combination of a conflict attorney as part of the pubic defender system supplemented by the assigned counsel plan matches and is compliant with section 722. Some of the statutes that Mr. Fein has addressed with attorney general opinions, I don’t believe set out the conflict attorney in the method that we are doing it, in fact they appear to conflict with 722. Mr. Willams asked Mr. VanDonsel if he would approve this. Mr VanDonsel stated that is not my job, it is yours. It is my opinion that when we form a conflict attorney, it is a legal thing to do. Ms. Breed said she agreed with Mr. Fein that one person cannot handle enough cases to save us that much money. She added that she found it amusing that we had the conflict attorney in last year’s budget for $81,000. and we never created one. The money should have been put in the reserve and now we create another line in this year’s budget for $102,000. essentially increasing the salary without filling the position. Why is that? Mr. Willcox asked the County Attorney if he had any contact with the Attorney Generals Office; and if not, why not? Mr. VanDonsel answered that he has read the positions provided and is confident that his legal opinion and advice is the correct one and didn’t feel the need to contact the Attorney General’s Office for their advice. Ms. Breed said she didn’t get an answer to her questions. Mr. VanDonsel said he could answer the first question regarding Ms. Breed’s agreement with Mr. Fein stating that this is a solution to supplement the assigned counsel system, not solve it. When a practicing attorney has difficulty meeting their obligation in an appearance then he/she needs to contact the administrator and have a new assignment. This is geared for not only conflicts of interest but conflicts of time as well. Mr. Schrader said that the 2007 budget amount included the 3% raise approved by the Personnel Committee and $15,000. budgeted for office supplies to give this office a fair shot to be organized from its beginning. Further there are increases in health insurance and workers compensation costs. When we budgeted for this position it was not anticipated that it would start January 1. I feel comfortable with the amount budgeted. A roll call vote proceeded. Adopted with the required two thirds vote, by all members voting aye, except Ms. Breed, Mr McKee, Mr. Ross and Mr. Willcox voting nay, Agenda No. 47 became Resolution No. -06: Adopt Local Law No. 1 for the Year 2006 A LOCAL LAW PROVIDING FOR THE CREATION OF THE OFFICE OF CONFLICT ATTORNEY FOR INDIGENT DEFENSE; FIXING THE TERM OF OFFICE, COMPENSATION AND DUTIES OF THE CONFLICT ATTORNEY; PROVIDING FOR THE REPRESENTATION OF INDIGENT DEFENDANTS UNABLE TO BE REPRESENTED BY THE PUBLIC DEFENDER DUE TO CONFLICT; AND PROVIDING FOR PLAN PROCEDURES FOR ASSIGNED COUNSEL DEFENSE IN CASES OF CONFLICT WITH THE PUBLIC DEFENDER’S AND CONFLICT ATTORNEY’S OFFICES.
On the motion of Mr. Daniels second by Mr. Troy and
adopted by all members voting aye, Agenda No. 48 became Resolution No.
401-06: Authorize Agreement/Amend
Budget (Governor’s Traffic Safety Committee – S.T.O.P.P.E.D) Sheriff's
Department.
On the motion of Mr. Daniels second by Mr. Spaulding and adopted by all
members voting aye, Ms. Breed and Mr. Willcox voting nay Agenda No. 49 became Resolution
No. 402-06: Amend 2006 Budget/Transfer Funds Sheriff's Department/911 Center (Personal
Service Accounts).
On the motion of Mr. Daniels second by Mr. Cornell and adopted by all
members voting aye, except Ms. Breed and Mr. Willcox voting nay, Agenda No. 50
became Resolution No. 403-06: Amend 2006 Budget/Transfer Funds Sheriff's Department/Jail Division
(Personal Service Accounts).
On the motion of Mr. Daniels second by Mr. Troy and adopted by all members voting aye, except Ms. Breed and Mr. Willcox voting nay, Agenda No. 51 became Resolution No. 404-06: Amend 2006 Budget/Transfer Funds Sheriff's Department (Personal Service Accounts).
On the motion of Mr. Daniels second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 52 became Resolution No.405 -06: Amend 2006 Budget/Transfer Funds Sheriff's Department/Jail (Medical Supplies).
On the motion of Mr. Daniels second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 53 became Resolution No. 406-06: Amend 2006 Budget/Transfer Funds Sheriff's Department/Jail (Miscellaneous Supporting Services).
On the motion of Mr. Daniels second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 54 became Resolution No. 407-06: Authorize Agreement Sheriff's Department/911 Center AAT Communications Systems Corporation.
On the motion of Mr. Daniels second by Mr. Troy and adopted by all members voting aye, Agenda No. 55 became Resolution No. 408-06: Authorize Agreement/Amend Budget Child Passenger Safety Program Sheriff's Department.
On the motion of Mr. Daniels second by Mr. Cornell and adopted by all members voting aye, Agenda No. 56 became Resolution No. 409-06: Authorize Agreement Probation Department New York State Division of Probation and Correctional Alternatives (DPCA) (Supervision of Sex Offender Registration Act (SORA) Risk Level 3 Sex Offenders).
On the motion of Mr. Cornell second by Mr. Armstrong, Agenda No. 57 was introduced, Ms. Breed asked if there was reimbursement for this as has been in the past? Mr. Schrader said no, this is not part of a grant. Adopted by all members voting aye, Agenda No. 57 became Resolution No. 410-06: Authorize Contract County Clerk as RMO Info Quick Solutions.
On the motion of Mr. Cornell second by Ms. Price and adopted by all members
voting aye, Agenda No. 58 became Resolution No. 411-06: Authorize
Agreements Personnel/Civil Service (Several
Agencies).
Mr. Cornell pulled agenda No. 59.
On the motion of Mr. Cornell, second by Mr. Armstrong, Agenda No. 60 was introduced. Ms. Breed stated she did not get a copy of this plan, therefore would be voting no. The Clerk said copies were put in all legislators’ mailboxes. Adopted by all members voting aye, except Ms. Breed voting nay, Agenda No. 60 became Resolution No. 412-06:
Adopting Cortland
County Health Benefits Plan Document.
On the motion of Mr. Cornell second by Mr. Armstrong and adopted by all
members voting aye, Agenda No. 61 became Resolution No.413 -06: Revise
Self Insurance Rates – Cortland County Employees’ Health Benefits Program.
On the motion of Mr. Cornell second by Mr. Armstrong Agenda No 62 was
introduced. Ms Breed said this is a repeat of the same thing. We just set a
budget and increased the salary in the new budget. Why wasn’t this included
in the budget? Mr. Schrader said that even if we included it in the budget you
would have to resolve to upgrade the position to a grade 18. Mr. Willcox said
that this is just another covert raise. Adopted by all members voting aye,
except Ms. Breed and Mr. Willcox voting nay, Agenda No. 62 became Resolution
No. 414-06: Amend Resolution
#361-06 Department of Social
Services Staff Development Coordinator.
On the motion of Mr. Cornell second by Mr. Armstrong Agenda No. 63 was introduced. The Clerk announced that a revised version of this resolution was being presented and distributed the revision to all legislators present. Mr. Willcox asked what is the difference between the two. Mr. Cornell answered that a third Resolve paragraph was added and language regarding the publishing of the Rules. Mr. Cornell added a friendly amendment to the rules on page 3, number 33 to say “Privilege of the Floor- is an opportunity granted to a person who is not a member of the Legislature to address an issue, which is on the current Legislative agenda.” Adopted with the required two thirds vote, by all members voting aye, except Ms. Breed and Mr. Dafoe voting nay, Agenda No. 63 became Resolution No. 415-06: ADOPTION OF RULES OF ORDER FOR THE CORTLAND COUNTY LEGISLATURE. Mr. Cornell thanked the sub-committee. They met a total of 16 times. Mr. Whitt spent countless hours in research and although this may not be perfect, it is a long way from what it was 10 months ago and worth the wait. Mr. Troy added a thank you to Katrina Spicer for all her hard work also.
On the motion of Mr. Ross second by Mr. Armstrong Agenda No. 62 was introduced. Mr. Willcox asked how much money are we talking about in local share. Mr. Ross answered that the local share is coming from Cortland Transit. Adopted by all members voting aye, Agenda No. 62 became Resolution No. 416-06: Authorize Grant Application New York State Department of Transportation Federal Section 5311 Transit Capital Equipment Cortland County Planning Department.
ANNOUNCEMENTS
Mr. Schrader announced that in legislator’s mailboxes is a report requested by the Chairman analyzing the 2007 tentative budget for mandated versus non-mandated services. On the first and third pages the total uncontrolled mandated services imposed on County government by the State is 57% of our tax levy. 87% of our tax levy is the result of unfunded mandates by the State. Mr. Willcox asked if that can be changed by interpretation and Mr. Schrader said no.
Meeting was recessed at 7.26 PM until December 21, 2006 at 6 PM