Approved
Minutes of Legislative Session: April 26, 2007 - 6 PM Meeting
Meeting was called to order at 6:02 PM by Chairman Brown, followed by the Salute to the Flag.
The Clerk took Roll Call with all members recorded as present except Mr. Williams, absent.
The minutes of March 22, 2007 and Special Meeting April 3, 2007 Legislative Meeting were unanimously approved.
PRIVILEGE OF THE FLOOR
Chairman Brown asked those who have signed in for Privilege of the Floor to limit remarks to three minutes and be courteous.
Lou Anne Randall, 6984 East Keeney Road, Cuyler, NY signed up to speak. Chairman Brown asked which agenda item she wished to speak to. Ms. Randall said she had called to request to be on the agenda earlier that week and was told by Mr. Schrader that she would not be allowed to speak. Ms. Randall said she came to request the Legislatures support on the Cuyler residency issue and the Election Commissioners response. Chairman Brown stated that the subject was not on the agenda and asked the County Attorney to respond. Mr. VanDonsel restated that the Rules require that to have privilege it must pertain to an agenda item. She said she was advised at a NIMER conference that they should ask the County and Towns to work together. Chairman Brown asked Ms. Randall if the Clerk of the Legislature gave her a copy of an email that explains how this works. She said yes, but there are still questions. Mr. VanDonsel advised her that the County Legislature is unable to direct the Board of Elections to act in any way even if they could. They are an autonomous Board governed by the State. Ms. Randall responded that they are sworn in to protect us under the Constitution. Mr. VanDonsel said that because you cannot get redress here does not mean your constitutional rights have been violated as there are other avenues available: Article 78 proceeding as a civil action, contact the Attorney General, contact the State Board of Elections and/or file a complaint with the Sheriffs Department to investigate. Ms. Randall said a complaint was filed in 2005. Mr. VanDonsel said that investigation has been closed and this legislature cannot take action at this time.
Mike Dexter, 10 Cedar Street spoke in reference to Agenda No. 21 thanking all for their time and effort as legislators. He supports his neighbors who have remained opposed to the South Main Street project, unlike some legislators that go back and forth with their votes and proceed without a plan. He said a Master Plan is important to have before making a final decision.
Kathie Willcox, 62 Church Street, Cortland also referred to Agenda No. 21. She said she found it ironic we are still here 4 months later, this time on the motion of Mr. Tagliente. She said there are a few legislators who fail to listen to the majority and some that allow a lawsuit to cloud their better judgment even after the County Attorney has assured the Legislature that they have done nothing improper. If the lawsuits continue there is no cost to the County unless the judge rules otherwise. The only money lost is the payment to Cinquanti Real Estate, $9,000. in deposits and the cost of the renderings. Why spend $550,000. that you have no plan for? She said that the Moose property has an offer from McNeil that would make the loss to the Moose as negligible and that some private properties have already been listed and/or sold. She referred to a February letter from the Chairman appointing the Ad Hoc Committee to explore the South Main Street property purchase along with the County space needs.
Chairman Brown told Ms. Wilcox three times that she had exceeded her time limit. Ms. Wilcox continued and Chairman Brown requested Sheriff Price to remove her from the podium. Ms. Wilcox requested that Mr. Loomis finish her statement however he had not signed in to speak. She persevered and was told by the Chairman that her conduct was extremely unprofessional and very discourteous.
Barbara Mehrof, 93 Briarwood, Cortland, New York asked to finish Ms. Wilcox statement. Chairman Brown said that Ms. Wilcox statement is complete. Ms. Mehrof said she had nothing more to add.
PROCLAMATIONS & RECOGNITIONS
A Proclamation was read by the Clerk declaring April 29 thru May 6, 2007 as Soil & Water Stewardship Week. Chairman Brown presented the proclamation to Amanda Barber who thanked the Legislature for their continued support and said that spring is busy with the Stewardship and Water week activities and projects for water conservation.
A Proclamation was read by the Clerk declaring the month of June “Parents Who Host, lose the Most: Don’t be a Party to teenage drinking” Garra Lloyd-Lester, President of the Committee Care Board and Maryanne Wilbur, Program Grant Director accepted saying that parents give a bad message when they think that they can supply the keg and take the keys. We need to get the word out. Mr. Lloyd –Lester said there is a “Community Chat” meeting following session in the auditorium, sponsored by the Coalition and ZAP and invited all to attend.
A Proclamation was read by the Clerk declaring May as Foster Parent Month. Chairman Brown said that this should be celebrated 12 months a year. Kristen Monroe accepted the proclamation saying that foster parents are caring for over 100 children in the County and there have been 13 adoptions this year. She reminded legislators of the May 4th Foster Parent Dinner coming up and hoped all could attend. She introduced foster parent, Debra Slaven, who has been a foster parent since 2001, presently having 2 foster children and has adopted three children and added two rooms to her house. Ms. Slaven thanked legislators for honoring all foster parents.
A Proclamation was read by the Clerk declaring Cortland County the Bicycle Center of New York State. Manny Lann accepted saying that he and Jim Dempsey have worked together on this project and a map of the bike routes is available at the Convention and Tourism Office as well as other locations to promote this activity. He thanked the Legislature for their support.
A Proclamation was read by the Clerk declaring April as Autism Awareness Month. Amy Clark, Crystal Gilmore and Catherine Mead received the proclamation and presented the legislators awareness pins for their support.
Chairman Brown awarded a Plaque to Pall Trinity Union for their continued support of County Youth Programs. Manny Lann accepted the recognition on behalf of Leslie Hitchcock, President of the Union saying that their contribution has allowed children who could not pay to go on the trips.
PRESENTATION OF PETITIONS, COMMUNICATIONS AND NOTICES
Students of Tim Sandstrom, OCM BOCES were not present to give their demonstration.
On motion of Ms. Price, second by Mr. Troy, the following were received and filed
RESOLUTIONS
On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting aye, Agenda No. 1 became: Resolution No. 118-07 Reappoint Members Cortland County Planning Board.
On the motion of Ms. Brown, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 2 became: Resolution No. 119-07 Appoint Member Mental Retardation and Developmental Disabilities Subcommittee of the Community Services Board.
On the motion of Mr. VanDee, second by Mr. Troy and adopted by all members voting aye, Agenda No. 3 became: Resolution No. 120-07 Endorsing State Legislation S4133 and A7199 Extending Existing Sales and Use Tax Authority Of the County of Cortland.
On the motion of Mr. VanDee, second by Mr. Spaulding, Agenda No. 4 was introduced. Mr. Willcox stated he will be voting no as he believes that the imposition of $250,000. is a bit much.
Adopted by all members voting aye, Mr. Willcox and Ms. Breed voting nay, Agenda No. 4 became: Resolution No. 121-07 Endorsing State Legislation S3150 and A7198
Authorizing the County of Cortland to impose an Additional Mortgage Recording Tax.
On the motion of Mr. VanDee, second by Mr. Troy, Agenda No. 5 was introduced.
Mr. VanDee stated he didn’t believe the County should be in the business of
taking property and this allows property owners a last chance to claim their
property, including penalty fees. Adopted by all members voting aye, Agenda
No. 5 became: Resolution No. 122-07
Authorize Treasurer To Accept Delinquent Tax Payments.
On the motion of Mr. VanDee, second by
Mr. Cornell and adopted by all members voting aye, Agenda No. 6 became:
Resolution No. 123-07 Delegating Authority to
the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and
Certain Real Property Tax Refunds.
On the motion of Mr. VanDee, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 7 became: Resolution No. 124-07 Amend Budget/Create Farmland Protection Reserve Treasurer’s Office.
On the motion of Mr. VanDee, second by Mr. Spaulding, Agenda No. 8 was introduced. Mr. VanDee stated we pledged this last year and it didn’t get off the ground due to matching funds. This will generate tourism and sales tax and will benefit the County. Adopted by all members voting aye, Agenda No. 8 became: Resolution No. 125-07 Authorize Agreement/ Amend Budget Cortland County (Homer-Cortland Community Agency, Inc.).
On the motion of Mr. VanDee, second by Mr. Troy, Agenda No. 9 was introduced. Ms. Breed asked what the bonds were for. Mr. Schrader said they are a combination of bonds authorized by the Legislature: highway equipment, roads & bridges and TC-3. Ms. Breed asked the total amount of the bonds. Mr. Schrader answered 9.8 million dollars.
Adopted by all members voting aye, Agenda No. 9 became: Resolution
No. 126-07 Amend Budget, Transfer
Funds County Treasurer
On the motion of Mr.
VanDee, second by Mr. Hartnett and adopted by all members voting aye, Agenda
No. 10 became: Resolution No. 127-07
Amend 2006 Budget Solid Waste/Recycling Transfer to Capital Projects.
On the motion of Mr. Clark, second by Mr. Spaulding, Agenda No. 11 was introduced. Ms. Breed expressed concern that the contract was extremely liberal saying that 5 years was too long and suggested a trial period of one to two years. Her other concerns are the State funding reimbursement; severance should be 2 months, not 6; the 3% raise should be reduced to 1%; the hours of work specified in the contract and; there is no cap for professional development and questioned what credentials the County Administrator has to evaluate the position.
Mr. Clark said he supported hiring this individual based
on his qualifications and said the money is comparable to surrounding
counties. He said it is a great opportunity to hire a psychiatrist with child
and adolescent background. Ms. Breed said she was not questioning his
qualifications, only the contract. Mr. Willcox asked Mr. Schrader what
expertise he has to evaluate this position. Mr. Schrader said that this would
be done in concert with the Community Services Director from a clinical
standpoint, himself from an administrative & supervisory perspective and
would also involve our psychologist, Mr. Capanzano. Mr. Willcox stated that at
the end of the term, this position would be making roughly $300,000. and the
funding stream could be unilaterally be pulled by the State and Federal
government. Mr. Schrader said that the chances of the State and Federal
government removing Medicare and Medicaid funding are slim to none. Mr. Ross
said he is against giving someone a 3 % raise at that level and asked if the
county is paying his malpractice insurance. Mr. Schrader said that would fall
under the County’s medical malpractice for liability insurance. Mr. Ross
asked how much is that. Mr. Schrader answered approximately $550,000. per
year. Mr. Willcox asked how much is our umbrella. Mr. Schrader answered 5
million dollars. Mr. McKee questioned the amount of professional development
monies that are associated with the position. Mr. Schrader referred to page
122 of the 2007 adopted Budget- Clinic under education, training, travel and
mileage amounting to approximately $8,000. Chairman Brown reminded legislators
that it is important to look at the revenue side that offsets the County
costs, based on our needs. Mr.
Willcox questioned the difference between contracting versus employing the
position. Mr. Schrader responded that as an employee there are additional
costs for fringe benefits. He added that based on information provided to the
legislature the hourly rate at $130 to 135 per hour annualizes to $270,000.
The difference amounts to $13,000. Ms. Price said the amount is large but the
need is critical for families and children with mental illness not being
treated. If we can save one child from institutionalization it is worth the
investment. Ms. Breed said that the real question is whether we want this
person as an employee or under contract. She voiced concern with encumbering
taxpayers with retirement and fringe costs. Mr. Troy said that based on
questioned answered in committee and his own research that he is satisfied
that this is the going rate for the position. He added that there is great
need and the position is going to generate more revenue than expense. Mr.
Hartnett questioned if we contract are we sure that he works solely for the
County. Ms Breed said that this contract does not restrict the incumbent to
the County just obligates 35 hours a week for services. Adopted by all members
voting aye, except Ms. Breed, Mr. Armstrong, Mr. Ross and Mr. Dafoe voting
nay, Agenda No. 11 became: Resolution
No. 128-07 Create/Appoint Full Time Staff Psychiatrist Amend Budget Mental
Health.
On the motion of Mr. Clark, second by Ms. Price and adopted by all
members voting aye, Agenda No. 12 became: Resolution No. 129-07
Establish Petty Cash Account Health Department/Nursing Division/Clinic.
On the motion of Mr. Clark, second by Mr. Daniels and adopted by all
members voting aye, Agenda No. 13 became: Resolution No. 130-07 Authorize
Agreement/Accept Funds Health Department/Nursing (Immunization Action Plan
Grant).
On the motion of Mr. Clark, second by Mr. Cornell and adopted by all
members voting aye, Agenda No. 14 became: Resolution No. 131-07
Authorize Agreements/Accept Funds Health Department/Administration Cancer
Services Program.
On the motion of Mr. Clark, second by Ms. Price and adopted by all
members voting aye, Agenda No. 15 became: Resolution No. 132-07
Authorize Agreements/Accept Funds
Health
Dept./Environmental Health Drinking Water Program.
On the motion of Mr. Clark, second by Ms. Price and adopted by all members
voting aye, Agenda No. 16 became: Resolution No. 133-07
Authorize Agreements/Accept Funds
Health
Department/Administration Susan B. Komen Breast Cancer Grant.
On the motion of Mr. Clark, second by Mr. Hartnett Agenda No. 17 was
introduced. Mr. Clark stated that this is taking a contracted position and
making it full time. Because of the difficulty of getting liability insurance
also makes this resolution necessary. Adopted by all members voting aye,
Agenda No. 17 became: Resolution No. 134-07 Abolish/Create Mental
Health Department Part-time Medical
Services Clerk/Full-time Medical Services Clerk.
On the motion of Mr. Clark, second by Mr. Armstrong and adopted by all
members voting aye, Agenda No. 18 became: Resolution No. 135-07
Amend Budget Mental Health Department
(NYS Office of Mental Health).
On the motion of Mr. Clark, second by
Mr. Troy and adopted by all members voting aye, Agenda No. 19 became:
Resolution No. 136-07 Amend Budget
Mental Health Department.
On the motion of Mr. Clark, second by Ms. Price and adopted by all members
voting aye, Agenda No. 20 became: Resolution No. 137-07 Amend Budget Mental
Health Department (Catholic Charities).
On the motion of Mr. Tagliente, second by Mr. Hartnett and all members voting
aye, Agenda No. 21 was moved to the end of session.
On the motion of Mr. Tagliente, second by Mr. Troy and adopted by all
members voting aye, Agenda No. 22 became: Resolution No. 138-07
Establish Individual T-Hangar Space Rental Rate New 10-Bay T Hangar Cortland
County Airport.
On the motion of Mr. Tagliente, second by Mr. Troy and adopted by all members voting aye, Agenda No. 23 became: Resolution No. 139-07 Award Sale of Surplus Automated Weather Observing System (AWOS) Equipment Cortland County Airport – Chase Field Highway Department.
On the motion of Mr. Tagliente, second by Mr. Troy, Agenda No. 24 was introduced. Ms. Breed requested to abstain from the vote due to conflict of interest. Mr. Armstrong, second by Ms. Price made motion to allow Ms. Breed to abstain with all members voting aye. Mr. Tagliente made a friendly amendment to the resolution to include {for 2007} in the second paragraph after specifications. Adopted by all members voting aye, Ms. Breed abstaining, Agenda No. 24 became: Resolution No. 140-07 Award Bids Highway Department.
On the motion of Mr. Tagliente, second by Mr. Cornell, Agenda No. 25 was introduced. Mr. Tagliente made a friendly amendment to the resolution to include {for 2007} in the second paragraph after specifications. Adopted by all members voting aye, Agenda No. 25 became: Resolution No. 141-07 Award Bids Highway Department.
On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all
members voting aye, Agenda No. 26 became: Resolution No. 142-07 Award
Contract to Fabricate and Install Steel Reinforcing Bars Highland Road Bridge
Project Highway Department.
On the motion of Mr. Tagliente, second by Ms. Price and adopted by all members voting aye, Agenda No. 27 became: Resolution No. 143-07 Authorize Supplemental Agreement/New York State Main Street/Page Green Road P.I.N. – 3752.94.
On the motion of Mr. Tagliente, second by Mr. McKee and adopted by all
members voting aye, Agenda No. 28 became: Resolution No. 144-07 Authorize
Sale of Highway Equipment – One (1) Rubber Tire Excavator Highway
Department.
On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all
members voting aye, Agenda No. 29 became: Resolution No. 145-07
Authorize Contract/Highway
Department Town of Cincinnatus (Snow and Ice – County and State Roads).
On the motion of Mr. Tagliente, second by Mr. Troy and adopted by all
members voting aye, Agenda No. 30 became: Resolution No. 146-07
Authorize Contract/Highway
Department Town of Homer (Snow and Ice - County Roads).
On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by
all members voting aye, Agenda No. 31 became: Resolution No. 147-07
Authorize Contract/Highway
Department Town of Taylor (Snow and Ice - County Roads).
On the motion of Mr. Tagliente, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 32 became: Resolution No. 148-07 Authorize Amnesty Day Highway Department (Lime Hollow Center).
On the motion of Mr. Tagliente, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 33 became: Resolution No. 149-07 Authorize Amnesty Week Highway Department.
On the motion of Mr. Tagliente, second by Mr. Troy
and adopted by all members voting aye, Agenda No. 34 became: Resolution
No. 150-07 Authorize
Agreement Recycling/Highway Department Fire Alarm Service.
On the motion of Mr. Tagliente, second by Mr.
Armstrong and adopted by all members voting aye, Agenda No. 35 became:
Resolution No. 151-07 Authorize
Issuance of a Theatrical Production And Custodial License Highway Department,
Dwyer Park (Cortland Repertory Theatre).
On the motion of Ms. Price, second by Mr. Cornell, Agenda No. 36 was
introduced. Ms. Price outlined the process of evaluating Ms. Monroe’s
reappointment and commented on how very smooth it went. She added that it was
a unanimous decision to reappoint the Commissioner and the process has set
goals that they will be working on. Mr. Armstrong thanked Commissioner Monroe
for the good job she is doing for the County. Chairman Brown agreed. Adopted
by all members voting aye, Agenda No. 36 became: Resolution No. 152-07 Re-Appoint
Commissioner of Social Services Department of Social Services.
On the motion of Ms. Price, second by
Mr. Troy and adopted by all members voting aye, Agenda No. 38 became:
Resolution No. 154-07 Accept Donation/Amend
Budget Youth Bureau (Pall Trinity Union Donation).
On the motion of Ms. Price, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 39 became: Resolution No. 155-07 Create Employment & Training Special Programs Counselors (Temporary – 3 positions) Employment and Training Department. Ms. Price commended this program.
On the motion of Mr. Daniels, second by Ms. Price, Agenda No. 40 was
introduced. Mr. Daniels made a friendly amendment to the resolution to include
the name of Michael Price. Adopted by all members voting aye, Agenda No. 40
became: Resolution No. 156-07 Amend By-Laws
Ratify Former Appointments Re-Appoint Members Fire Advisory Board.
On the motion of Mr. Daniels, second by Mr. Hartnett and adopted by all
members voting aye, Agenda No. 41 became: Resolution No. 157-07 Amend
2007 Budget Sheriff's Department
(LETPP Grant
FY04).
On the motion of Mr. Daniels, second by Mr. Cornell, Agenda No. 42 was
introduced. Mr. Daniels said this is for the reverse 911. In lieu of spending
$50,000 to 60,000 for new equipment, honoring this contract allows us to spend
less money. Adopted by all members voting aye, Agenda No. 42 became:
Resolution No. 158-07 Authorize
Agreement Sheriff's Department/911 Center Dialogic Communications Corporation.
On the motion of Mr. Cornell, second by Mr. Spaulding, Agenda No. 43 was
introduced. Mr. Cornell stated that this brings us in compliance with the
American Disabilities Act and has no cost to the County. Adopted by all
members voting aye, Agenda No. 43 became: Resolution No. 159-07 Designate
County Sign Language Interpreter County Clerk/DMV Office.
On the motion of Mr. Cornell, second by Mr. Hartnett, Agenda No. 44 was introduced. Mr. Cornell stated that this has been mandated by the State to upgrade our software to communicate with the State. Adopted by all members voting aye, Agenda No. 44 became: Resolution No. 160-07 Transfer Funds Cortland County Board of Elections (NYS Voter System II).
On the motion of Mr. Tagliente, second by Mr. Hartnett, Agenda No. 21 was re-introduced. Ms. Breed said that we don’t have a master plan and should let the judge decide and go from there. Mr. Troy agreed, saying that he can’t see purchasing property that we have no idea what we are putting there. Mr. Tagliente said that the Ad Hoc Committee was formed to stop the bleeding and came up with a compromise plan of buying half of the property and leaving the residential alone. We did not specify what will be put there. He said that personally he did not want to give the choice to a judge. Further, he questioned how a resolution that took a 2/3 majority to pass could be overturned with a simple majority. We are simply wasting money with attorney fees by waiting for a judge to decide. We said that we have a problem in this County called space. Every day we are spending money at the jail out boarding prisoners. The longer we wait for the painted master plan the more money wasted at the Jail. He urged that the legislature move forward, purchase the commercial properties, and negotiate if possible, then if necessary, re-sell them. The “waffling” takes us nowhere and we need to make a decision. Mr. Willcox commented that he has not waffled; his vote has been no from the beginning. Ms. Breed said she has said that the jail needs to be addressed first and we need to continue to look for jail sites. Chairman Brown said she has yet heard any concern for what the property owners have been through for the past 4 months. Ms. Breed said we have a responsibility to the neighbors, as well. Mr. VanDee said he was one that changed his vote and the reason for that was the volume of complaints he received from his district. He added that may be called waffling however he calls it listening to the people from his district.
Chairman Brown referred to the original resolution stating that was an agreement to buy the property. We could not do anything beyond that without the full consent of the legislature. Nothing could be put there until the purchase and it would be then that we work with the neighbors. Ms. Breed said that resolution stated 3 things: we will buy the land, we will build a building and we will use Tobacco monies. Chairman Brown stated that the County is unable to buy property without a project in mind. Ms. Breed responded that we are doing that right now. Chairman Brown replied that is not true, the resolution still stands. Chairman Brown called for a roll call vote that requires a 2/3 Majority. Motion failed on a Roll Call vote with all members voting aye, except Mr. Armstrong, Ms. Breed, Mr. McKee, Ms. Price, Mr. Ross, Mr. Troy, Mr. VanDee and Mr. Willcox.
Chairman Brown called for a 10-minute recess at 7:25
PM.
Meeting reconvened at 7:36 PM
Mr. Cornell made motion to go into Executive Session to discuss Sheriff Negotiations, second by Mr. Willcox and all members voting aye. Executive Session commenced at 7:37 PM and ended at 7:45 PM.
ANNOUNCEMENTS
Chairman Brown announced that County Administrator’s review is due in June. The Clerk distributed the evaluation forms to all legislators. The Chairman asked that they be completed and ready to be discussed at the May meeting in executive session. She said she will add it to the agenda unless for some reason it needs to be moved to June.
Ms. Tytler reported that the Planning Sub committee might have an item for consideration for the next session. The Sub committee has met with the State DOT to help us address the Otter Creek flooding. They have a project on 281 near County Inn and Suites to install 1 of 3 detention ponds in conjunction with widening Route 281. She said we are looking at the land behind that to see if it is feasible to purchase and develop a retention pond to allow Otter Creek to flow into that and reduce flooding. She further explained they have talked with City officials for a collaborative effort and they are on board. The first step is to have an engineering firm to conduct a feasibility study and determine if this land could help us in a 25-year flood plan. She said they have also talked with the Town of Cortlandville and they are not as on-board as the City. Therefore we have asked C&S Engineering firm for a cost estimate for the study. Additionally, Assemblywoman Lifton and Senator Seward have been contacted and asked that we return to them with specifics for their help. Ms. Tytler explained this will be an expensive project (over 1 million dollars). In discussion with Bernie Thoma, the Joint Municipal Fund Monies of $200,000 available per municipality could amount to $600,000 if the City and Cortlandville are on board. She emphasized that we need to move quickly for a November deadline. Mr. Ross added that they have been working on several projects in the past three years and it takes a lot of time to put these projects together. Mr. Ross commended Ms. Tytler’s work on this project.
Mr. Cornell reminded all of the CCTVS meeting following session.
Meeting adjourned at 7:57 PM
Prepared by Susan Morgan, Clerk