Cortland County Legislature

December 20, 2007 – 6PM

Approved Minutes

 

Meeting was called to order at 6:05 PM by Chairman Brown, followed by the Salute to the Flag.

The Clerk took Roll Call with all members recorded as present, except Mr. Cornell recorded as excused. Assistant County Attorney, Elizabeth Burns represented the County Attorney’s Office for this meeting.

The minutes of November 29, 2007 Regular Session and December 6, 2007 Special Meeting were unanimously approved.

PRIVILEGE OF THE FLOOR

Mr. Steve Terwilliger said he represents James and Robert Lucas through 7 Valley Real Estate referring to Agenda No. 3. He said he mailed information to legislators regarding the property located on River and Cleveland Street location. He continued that when the County sent out their specifications he was under the assumption it was for the 2-acre parcel but then discovered that you were looking for a one-acre site. He said that most information he receives is through the newspaper however alternative offers were presented to level the playing field. There are six different options ranging from $275,000 to $350,000 depending on the needs of the County. He added that only yesterday was he asked to provide lease prices that were difficult to give as he wasn’t given specifications for the building. However, based upon a 4,000 square foot building he estimated that it would be in the mid to upper range of $600,000. He thanked the legislators that he had spoken to about this matter and the opportunity to speak.

PROCLAMATIONS & RECOGNITIONS

Marathon Central School Field Hockey Lady Olympian Team and Coaching staff were honored for their numerous accomplishments in attaining the New York State Class C Championship. The Clerk read the proclamation and a standing ovation was given to the team and staff. Ms. Price stated that she was asked by Mr. Cornell, who was unable to attend the meeting due to illness, to honor this deserving group. She called Coach Funk to the podium and presented the school proclamation as well as individual certificates to team member. Chairman Brown added that the Cortland Standard published a report that Casey Wood topped the 1000-point mark Tuesday night at the McDonald Center adding her name to four other outstanding athletes that includes her mother.  She noted that Carla Tagliente, daughter of Legislator Dan Tagliente, is the all time leading scorer at Marathon. She concluded saying that Marathon has an impressive record of outstanding athletes.

RECEIVE AND FILE REPORTS OF STANDING, SPECIAL AND ADHOC COMMITTEES

were received and filed.

RESOLUTIONS

On motion of Ms. Brown, second by Mr. Tagliente and all members voting aye Agenda No. 1 became Resolution No. 372-07 Appoint/Re-Appoint Members Cortland County Traffic Safety Board.

On motion of Ms. Brown, second by Mr. Troy and all members voting aye Agenda No. 2 became Resolution No. 373-07 Appoint/Reappoint Members Fire Advisory Board.

On motion of Mr. VanDee, second by Mr. Clark Agenda No. 3 was introduced. Ms. Tytler requested that the issue of buying versus leasing be discussed prior to the vote. She also clarified that we have an offer in place from Mr. Armedio that includes the Barbarito property. That property is not in the flood plane and the parcel is just under an acre. The reason that the Ad Hoc Committee considered this property was because it includes the rights for a parking area that will be maintained by Mr. Armedio. Chairman Brown inquired to the number of parking spaces. Ms. Tytler said the committee’s criterion was for 50 spaces however this allows for additional space. Ms. Breed referred to previous agreements that allowed for change orders and stated that she didn’t think it was fair to change specs after proposals had been submitted. Mr. Willcox asked how long is the parking proposal offered for. Ms. Tytler answered that the contract includes a forever clause as part of the deed. She clarified that the committee had received other properties with similar parking issues and excluded them from consideration for other reasons. Mr. Schrader spoke to the economic impact of leasing versus buying that he submitted to the Ad Hoc Committee. He said the lease prices amount to between $12-$15 a square foot and amounting to $60,000 per year. If you take the same amount, spread those payments over 30 years and buy, you would own the building after ten years and the cost is significantly less. We have 2.8 million dollars in the Tobacco fund that is recommended for this acquisition and using that will have no impact on our budget. He reminded legislators that $60,000 amounts to ½ % on the tax rate if we lease. He said that the buy option is his recommendation to the legislature. Ms. Breed asked if we can lease to buy. Chairman Brown said that was not requested as an option. Mr. Willcox referred to the lease figure of $777,000. Mr. Schrader said that figure was done in error and told him to disregard it. Ms. Breed said her concern has been that the Tobacco funds be used to build the jail as we have no assurance from the State that they will not take over DMV. Mr. Schrader said he doesn’t believe that will happen, however if it did then we would be stuck to pay off a lease instead of owning the property that can be turned into a profit in the long run. Chairman Brown said that the cost of a bond issuance is between $20-30,000. A bond for the jail is likely to be for 25-30 million dollars. We do not receive any revenues from the Tobacco funds and are at risk of loosing dollars for the Courthouse Renovation project if we do not move forward. She added that we can debate this forever but at some point we need to move on. Mr. Tagliente said after four years as a legislator, he doesn’t have a crystal ball to know what the state will do in the future however we need to move forward. He said he doesn’t believe that the jail project will be resolved in the next two years because the legislature has the South Main Street Property with a possible Senior Center along with space issues with the Health Department. Ms. Breed said that the proposal calls for an additional $600,000 for a building amounting to 1 million dollars, which is a lot of money. Ms. Price acknowledged that money is an important issue however this provides a wonderful service for Cortland County, relieving parking and security issues. Chairman Brown called for a roll call vote. Adopted by all members voting aye, Ms. Breed, Mr. Willcox and Mr. Williams voting nay, Agenda No. 3 became Resolution No. 374-07 Authorizing the Purchase of Property Department of Motor Vehicles.

Chairman Brown pulled Agenda No. 4 Authorizing the Leasing of Property Department of Motor Vehicles.

On motion of Mr. VanDee, second by Mr. Troy Agenda No 5 was introduced. Mr. VanDee stated that the amount of the agreement with the City is $26,475, Adopted by all members voting aye, Agenda No 5 became Resolution No. 375-07 Authorizing Payment Cortland Fire Department Hazardous Material Response Team City of Cortland.

On motion of Mr. VanDee, second by Mr. Hartnett and all members voting aye Agenda No. 6 became Resolution No 376-07 Authorize Agreement Renewal Town of Cuyler (Real Property Tax Services).

On motion of Mr. VanDee, second by Mr. Troy and all members voting aye Agenda No. 7 became Resolution No 377-07 7 Authorize Agreement Renewal Town of Preble (Real Property Tax Services).

On motion of Mr. VanDee, second by Ms. Breed and all members voting aye Agenda No. 8 became Resolution No 378-07 Authorize Agreement Renewal Town of Scott (Real Property Tax Services).

On motion of Mr. VanDee, second by Mr. Clark and all members voting aye Agenda No. 9 became Resolution No 379-07 Amend 2008 Budget to Reflect State Administered Non Property Tax (Sales Tax) to Reduce Real Property Tax Levy Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Spaulding and all members voting aye Agenda No. 10 became Resolution No 380-07 Levy County Tax City of Cortland Real Property Tax Services.

On motion of Mr. VanDee, second by Ms. Price and all members voting aye Agenda No. 11 became Resolution No 381-07 Fix Date To Sign Warrants Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Troy and all members voting aye Agenda No. 12 became Resolution No 382-07 Levying Town Special District Taxes Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Clark and all members voting aye Agenda No. 13 became Resolution No 383-07 Levy Town General and Highway Taxes Real Property Tax Services.

On motion of Mr. VanDee, second by Ms. Breed and all members voting aye Agenda No. 14 became Resolution No 384-07 Levying Water Charges - Town of Scott Real Property Tax Services.

On motion of Mr. VanDee, second by Ms. Breed and all members voting aye Agenda No. 15 became Resolution No 385-07 Levying Water Charges - Town of Cincinnatus Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Troy and all members voting aye Agenda No. 16 became Resolution No 386-07 Levying Water Charges - Town of Cortlandville Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Clark and all members voting aye Agenda No. 17 became Resolution No 387-07 Levying Water Charges - Town of Harford Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Spaulding and all members voting aye Agenda No. 18 became Resolution No 388-07 Levying Sewer Charges - Town of Cortlandville Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Clark and all members voting aye Agenda No. 19 became Resolution No 389-07 Levying Sewer Charges - Town of Cuyler Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Troy and all members voting aye Agenda No. 20 became Resolution No 390-07 Levying Sewer Charges - Town of Virgil Real Property Tax Services.

On motion of Mr. VanDee, second by Mr. Troy Agenda No 21 was introduced. Mr. Clark thanked Mr. Kilmer for all his hard work in getting a new psychiatrist. This resolution in the long run will save the County money. Mr. Schrader added that he also saved the County $28,000. Mr. VanDee said while it sounds good to vote no on this resolution it saves money and provides services to those who really need it. Adopted by all members voting aye, Ms. Breed voting nay, Agenda No. 21 became Resolution No 391-07 Appoint Full Time Staff Psychiatrist Mental Health.

On motion of Mr. VanDee, second by Mr. Clark and all members voting aye Agenda No. 22 became Resolution No 392-07 Amend Budget 911 Upgrades Capital Project.

On motion of Mr. VanDee, second by Mr. Troy Agenda No 23 was introduced. Mr. Williams said we have previously discussed the funding of these services and is this one that can be added. Mr. Schrader said that we can look at new proposals when the copier proposals are due next year and include this contract. Adopted by all members voting aye Agenda No. 23 became Resolution No 393-07 Authorize Agreement Real Property Tax Services OCE Scanner/Printer.

On motion of Mr. VanDee, second by Ms. Price and all members voting aye Agenda No. 24 became Resolution No 394-07 Amend Budget/Transfer Funds Highway Department.

On motion of Mr. Dafoe, second by Mr. Troy and all members voting aye Agenda No. 25 became Resolution No 395-07 Authorize Agreement Information Technology (Munis).

On motion of Mr. Tagliente, second by Ms. Price Agenda No 26 was introduced. Ms. Price said this is a great accomplishment and asked Mr. Tagliente for the background on how we received the grant. Mr. Tagliente said he wasn’t sure. Mr. Schrader said that Bob Buerkle had applied for a grant on the first set of T-Hangars and was turned down. He complained and re-applied for another proposal and this one came through. Mr. Willcox requested that the revenue on the new hangars be applied to pay the bond on the first proposal. Mr. Schrader said that the County opted not to bond for the first set. Mr. Armstrong stated that we presently have 12 hangars occupied and have a waiting list for at least 10-12 more people. Adopted by all members voting aye Agenda No. 26 became Resolution No 396-07 Authorize Project and Accept NY State Aviation Grant to Design and Construct T-Hangar during 2008 Cortland County Airport Highway Department.

On motion of Mr. Tagliente, second by Mr. Clark and all members voting aye Agenda No. 27 became Resolution No 397-07   Authorize Supplemental Agreement/New York State McLean Road & McLean Road Extension P.I.N. – 3753.70.

Mr. VanDee left the meeting.

On motion of Mr. Tagliente, second by Mr. Troy Agenda No 28 was introduced. Ms. Price spoke on behalf of Ginny and Bruce Neff that this is great news. She said that they spoke and we listened and she thanked fellow legislators for this resolution. Adopted by all members voting aye Agenda No. 28 became Resolution No 398-07 Create Project Transfer Funds Highway Department.

On motion of Mr. Tagliente, second by Mr. Troy and all members voting aye Agenda No. 29 became Resolution No 399-07 Authorize Minimum Tip Fee Landfill Highway Department.

On motion of Mr. Tagliente, second by Mr. Clark and all members voting aye Agenda No. 30 became Resolution No 400-07 Award Contract Recycling Broker Recycling Center Highway Department 

On motion of Ms. Price, second by Mr. Hartnett and all members voting aye Agenda No. 31 became Resolution No 401-07 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods.

On motion of Ms. Price, second by Mr. Armstrong and all members voting aye Agenda No. 32 became Resolution No 402-07 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Paper Goods and Maintenance Supplies.

On motion of Ms. Price, second by Mr. Spaulding and all members voting aye Agenda No. 33 became Resolution No 403-07 Authorize Agreement Area Agency on Aging (Office of Mental Retardation/Developmental Disabilities).

On motion of Ms. Price, second by Mr. Troy and all members voting aye Agenda No. 34 became Resolution No 404-07 Authorize Agreements Youth Bureau (Special Delinquency Prevention Program).

On motion of Ms. Price, second by Mr. Clark and all members voting aye Agenda No. 35 became Resolution No 405-07 Authorize Agreements Youth Bureau (Youth Development/Delinquency Prevention).

On motion of Ms. Price, second by Mr. Armstrong and all members voting aye Agenda No. 36 became Resolution No 406-07 Amend Authorization for Lease Agreement Department of Employment and Training (91-101 Main Street, LLC).

On motion of Mr. Daniels, second by Mr. Spaulding and all members voting aye Agenda No. 37 became Resolution No 407-07 Authorize Donation of Fire Engine to Homer Cortland Community Agency.

On motion of Mr. Daniels, second by Mr. Spaulding and all members voting aye Agenda No. 38 became Resolution No 408-07 Authorize Agreement - Autopsy Services Lourdes Hospital.

On motion of Mr. Daniels, second by Mr. Clark and all members voting aye Agenda No. 39 became Resolution No 409-07 Appointment of Jail Physician Pursuant to Correction Law § 501.

On motion of Mr. Daniels, second by Mr. Clark and all members voting aye Agenda No. 40 became Resolution No 410-07   Amend 2007 Budget/Transfer Funds Sheriff's Department/Jail (Medical Services).

On motion of Mr. Daniels, second by Mr. Spaulding and all members voting aye Agenda No. 41 became Resolution No 411-07 Authorize Agreement Extension Sheriff's Department/Jail (Oneida County-Central NY Psychiatric Center Forensic Unit Services).

On motion of Mr. Daniels, second by Ms. Breed and all members voting aye Agenda No. 42 became Resolution No 412-07 Accept Funds/Authorize Agreement Wireless 911 Service (Sheriff’s Department).

On motion of Mr. Daniels, second by Ms. Price and all members voting aye Agenda No. 43 became Resolution No 413-07 Authorize Agreements Probation Department  (Several Companies).

On motion of Mr. Daniels, second by Mr. Spaulding and all members voting aye Agenda No. 44 became Resolution No 414-07 Authorize Agreement Probation Department New York State Division of Probation and Correctional Alternatives (DPCA) (Correctional Offender Management Profiling for Alternative Sanctions (COMPAS).

On motion of Mr. McKee, second by Mr. Troy and all members voting aye Agenda No. 45 became Resolution No 415-07 Authorize Agreement Worker’s Compensation/Self-Insurance Program.

On motion of Mr. McKee, second by Ms. Price and all members voting aye Agenda No. 46 became Resolution No 416-07   Amending Management/Management Confidential Compensation Employment Policy.

On motion of Mr. McKee, second by Mr. Armstrong and all members voting aye Agenda No. 47 became Resolution No 417-07   Set Date for 2008 Organizational Meeting Cortland County Legislature.

On motion of Mr. Ross, second by Mr. Spaulding and all members voting aye Agenda No. 48 became Resolution No 418-07   Authorize Chairman To Sign Agreement Planning Department (Cortland County and Central New York Regional Planning & Development Board 2008).

On motion of Mr. Ross, second by Mr. Armstrong and all members voting aye Agenda No. 49 became Resolution No 419-07   Authorize Agreement Planning Department (Cortland County and Southern Tier East Regional Planning Development Board 2008).

Chairman Brown presented plaques to outgoing legislators Armstrong, Breed , Clark and VanDee honoring their years of service to the County. Ms. Tytler said that Mr. VanDee had to leave due to a previous commitment.

Mr. Tagliente presented plaque to Chairman Brown saying that she has been a personal friend and he has admired how she always remained positive. She has served as a legislator for 10 years and she will be missed. Chairman Brown said it has been a pleasure and privilege to serve as Chairman. Being Chairman requires a bi-partisan approach and despite the uphill battle, together we have accomplished much. She hopes that in the next two years that the legislature moves forward with the County’s great financial team of Mr. Schrader and Mr. Whitt. Mr. Tagliente also thanked Ms. Price for her gifts. Chairman Brown added a thank you to Mr. Willcox for the corsage. Mr. Armstrong stated that the last four years were very enlightening, not always entertaining and thanked Department Heads, personnel and legislators past and present for all their help. He concluded wishing everyone good luck in future responsibilities.

Meeting was adjourned at 6:55 PM.

Minutes prepared by Susan Morgan, Clerk

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