Approved Minutes of Legislative Session
January 25, 2007 - 6 PM Meeting
Meeting was called to order at 6:14 PM by Chairman Brown, followed by the Salute to the Flag.
The Chairman asked for a moment of silence for the family of PFC Shawn Falter who was killed on Saturday in Iraq.
The Clerk took Roll Call with all members recorded as present, except Mr. Dafoe, marked as absent.
The minutes of December 21, 2006 Legislative Meeting and January 4, 2007 Special Meeting were unanimously approved.
PRIVILEGE OF THE FLOOR
Chairman Brown stated that she responded to several people who requested privilege and explained to them that the Cortland County Rules of Order only allow individuals to speak to items placed on the agenda and those who have signed up do not indicate what agenda item they wish to speak to, therefore denied their requests. Ms. Breed strongly objected saying that we all know that a reconsideration of the vote on the Public Health Facility is anticipated and they have a right to speak. Chairman Brown disagreed. Mr. VanDee supported Ms. Breed’s response. The Chairman said that their concerns can and will be heard at a meeting to be held on January 30, 2007. Ms. Breed said that would be too late. Chairman Brown disagreed. Mr. Williams made a motion to suspend the rules (Rule 1 - 33) to allow those individuals to speak, second by Mr. Troy a Roll Call vote was taken requiring a 2/3 majority for passage, with all members voting aye except Mr. Tagliente and Ms. Brown voting nay.
Chairman Brown recognized Barry Batzing, 70 Church Street, Cortland, New York and reminded all speakers to limit their remarks to 3 minutes and to be courteous at all times. Mr. Batzing said, “If it doesn’t fit, then quit” He said that this site is too small, being crammed by the purchase of well established residential homes to invade their neighborhood. Not only is the project ill conceived but developed without any public input and acquiring property under the cloak of secrecy. “This is backroom - closed door politics at its worst and should be a concern to all residents.” His concerns are that the County is not required to adhere to City code or planning regulations, increased traffic, evidence of contamination from a previous business and ignoring concerns of neighborhood with hurtful comments from the County Administrator and Chairman. Chairman Brown advised him that his time was up and he thanked all for the opportunity to speak.
Chairman Brown then recognized Ann Gebhard, 14 Williams Street, Cortland, New York. Ms. Gebhard agreed with many of the same concerns stated by Mr. Batzing, saying that she felt that everyone has the best interest of the City and County in mind. The secrecy and rush to action have precipitated the response and said it is a quality of life issue to their neighborhood, violating their R1 designation. She compared the parking lot of the County Office Building and the properties surrounding that lot as what she feared her neighborhood would become. She concluded by stating that she has lived in her home for 30 years, raised her family there and that her home is precious to her and can’t imagine looking out at a parking lot. She appealed to legislators that they consider the long-term effect of their actions.
Chairman Brown then recognized Chad Loomis, 73 Church Street, Cortland, New York. He referred to his email to legislators that outlined his concerns and said he supports the efforts of the County, however questioned the priorities. He said he recognizes that they are a neighborhood of 50 to 100 people and that the County consists of 50,000 people. We need assurance that the project is cost effective, that the property be maintained and is backed up with studies that indicate you are thinking ahead. This happened too quickly without any concerns for the needs of the neighbors to even understand the need for this project.
Chairman Brown recognized John Bardsley, 30 Williams Street, Cortland, New York. Mr. Bardsley said that as a citizen I need to trust my government and the best way for that to happen is when that government is open and honest. The Health Facility project does not make me feel that way as the County approached some of the residents to purchase their property, not knowing who the buyers were. In December we read that the Health Facility will be placed in our neighborhood including the information of the negotiated agreements. I have many questions and no answers, just facts that I am unable to understand where they came from. Mr. Bardsley requested that his legislator, Ms. Brown reconsider her vote and make the process open. I understand that eminent domain was not used and recognize there are arguments on both sides of that issue as to that approach; however it would have allowed for a public hearing and notice to the neighborhood right up front. He concluded asking the legislators to take care of us.
Chairman Brown said she was glad to see so many people at the meeting, friendly or otherwise, as we don’t normally have many attending meetings. She said she hoped they would attend the meeting on January 30th. Ms. Breed questioned what meeting is that. Chairman Brown explained that it is a meeting scheduled by Mr. VanDee and Mr. Quail of the 5th Ward. Tom Michaels and I have joined in and it is open to anyone and it would be nice if legislators attended.
Mike Dexter, 10 Cedar Street, Cortland, New York stated he had not initially signed for privilege of the floor and requested that he be allowed to speak. Chairman Brown allowed Mr. Dexter privilege. Mr. Dexter said he had sent an email within the past 2 weeks stating his concerns however he wished to finish Mr. Batzing’s statement that read “that it is egregious that the Nimby accusation are a false concept to attack residents with concerns of environmental impact” and asked legislators to vote no when reconsidering this project. Mr. Dexter added his own statement that he has lived in this area for 59 years. His parents were Aldermen when it was the 6th Ward. After reading in the paper on a Wednesday night that this was to be voted on the following night, he asked legislators to reconsider their vote.
RECEIVE AND FILE
On the motion of Mr. Cornell, second by Ms. Price, 2006 Fourth Quarter Sales Tax Distribution and 2006 Sales Tax Distribution was received and filed, all members voting aye. Ms. Breed added that she found it interesting that earlier predictions were that we would be coming up short on the sales tax at the end of the year and we only ended up $29,000. short which is very good. Mr. VanDee agreed.
Mr. VanDee made a motion to reconsider Resolution 478-06: Authorizing Capital Project; Authorizing the Purchase of Properties; and Directing the County Treasurer to Prepare a Bond Resolution, second by Mr. Troy. Chairman Brown announced this motion calls for a majority vote to pass. A Roll Call vote for reconsideration was taken with all members voting aye, except Mr. Armstrong, Mr. Clark, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Ms. Tytler, and Ms. Brown voting nay. Mr. Spaulding stated he was voting no due to the resolution stating that it is for the purchase of property only. Mr. Steger said his vote was on this understanding also. Ms. Breed questioned Mr. Spaulding’s comments saying that this is not her understanding of the resolution. The Clerk distributed copies of Resolution 478-06 to Legislators. Mr. Willcox asked what are we bonding for. Chairman Brown answered that 3 million dollars is from tobacco money. Ms. Breed said that we really don’t know what the balance will be. Chairman Brown said it is estimated to be between 5 and 5 1/2 million dollars. Ms. Breed asked that someone read the first two Resolved paragraphs in the resolution. The Clerk read the two paragraphs. Ms. Breed asked Mr. Spaulding how that only authorizes us to buy just the property. Mr. Schrader responded by saying that at any point during the project the Legislature can approve or disapprove the project. For instance, when bids are let and received they can be rejected so this does not finalize the project; it only allows the administration to move forward on the concept that has been put forth. Ms. Breed asked the County Attorney for his opinion. Mr. VanDonsel said he isn’t sure what the question is. Ms. Breed said she understands that they can reject bids, which have nothing to do with the resolution; she asked what does this resolution say that we are approving. Mr. VanDonsel said that you have to be satisfied with what you think it says when it passes. Ms. Breed asked for his legal opinion. Mr. VanDonsel said, “The plain language of it is that it says what it says.” Chairman Brown stated that this resolution gives us the authority to build, not the final approval to do this. Ms. Breed reread a portion of the resolution again questioning Mr. Spaulding’s reason for voting no as an incorrect assumption. Chairman Brown told Ms. Breed she has made her point.
Mr. Willcox asked if there shouldn’t be a contingency amount to cover demolition costs and possible contamination. Chairman Brown said that would be included in the 6 million dollar estimate. Mr. Schrader added that it is not unreasonable to conclude with this estimate that those costs are included. Mr. Willcox asked what Mr. Schrader would estimate that cost to be. Mr. Schrader said he couldn’t begin to guess. Ms. Breed said that we really don’t know these numbers, is that what you are saying? Mr. Schrader said that since we have not acquired the properties, these are estimates amounting to 6 million dollars. Ms. Breed asked then why are we approving this without knowing the cost. Chairman Brown stated that we do have an idea of the cost.
Mr. Williams asked where we stand now with the options/purchase of the properties? Mr. Schrader said that the Legislature approved the purchase of the properties therefore that question needs to be addressed to the County Attorney. Mr. VanDonsel said that after the approval he sent landowners and/or attorneys requests for abstracts, surveys, and tax receipts. To date I have received only one response from one attorney. Mr. Williams asked if it was safe to assume that we have no purchases. Mr. VanDonsel said there have been no purchases as no title work has been done on the properties. Mr. Williams asked how much did we pay the engineering firm. Mr. Schrader said he did not have the figures off hand but will get them for you. Mr. Williams asked if they have been paid. Mr. Schrader responded they have been paid some, yes. Ms. Breed said she asked for that same information at the last meeting and never received it. Mr. Schrader said he did not recall that and apologized. Mr. Williams asked how the firm was selected. Mr. Schrader said we utilize a standard contract that we have through the highway department to perform miscellaneous engineering work. Mr. Williams asked who negotiated the blind options on the properties. Mr. Schrader answered Cinquanti Real Estate. Mr. Williams asked if they have been paid and if so how much. Mr. Schrader said they were paid 6% of the purchase price of each of the properties with the exception of the Moose property totaling approximately $38,000. Ms. Breed questioned if it was customary to pay prior to closing. Mr. Schrader said that their job is done; they acquired the options for the County and they were paid. Ms. Breed said that the information she has received from the real estate community is that payment is not made until the closing occurs. Mr. Schrader said that doesn’t consider that they be paid for what they were asked to do. Mr. Williams asked how the realtor was selected and do we have a contract with the realtor. Mr. Schrader answered that Cinquanti was the broker of record for the Moose property. When the property was identified by the Legislature to pursue, it stood to reason the same broker be utilized to purchase the remaining properties, as those properties were viable to make the Moose a viable option for the County to purchase. Mr. Williams said according to the minutes of the last meeting there were promises to look at alternate properties, has that been done. Mr. Schrader said we have asked for purchase prices on properties on the West side of the project as well as other properties in the area. Mr. Williams asked if we have established a Capital Budget. Mr. Schrader referred that question to the Treasurer.
Mr. Troy said he was concerned that on December 21st we acted too hastily, without questions being addressed and made a motion to table this resolution to the next meeting. Mr. Williams asked for a legal opinion concerning the motion on the floor to reconsider where does that put the original resolution. Mr. VanDonsel said the motion to reconsider places that motion at bay. It is now a main motion proposed to be tabled. Second made by Mr. Williams.
Ms. Tytler asked if this is tabled, does this give us an opportunity to gather information on what it would cost the County to get out of this contract as I believe there are some financial risks. Mr. VanDonsel said if that is what the Legislature requests then that is what he will do. Ms. Breed said there is a lot more information needed that we do not have and requested that information formally in the minutes, that we receive the information prior to the next meeting and I don’t mean the day before.
Chairman Brown stated that the motion to table is not debatable and called for a roll call vote. A roll call vote was taken with all members present voting aye, except Mr. Cornell. Mr. McKee, Ms. Price, Mr. Ross, Mr. Steger, Mr. VanDee, Mr. Willcox, Mr. Williams voting nay. Ms. Breed asked to change her vote to nay. Chairman Brown was unsure if the rules allowed for the change. Mr. VanDonsel said that they did. Motion failed.
Chairman Brown returned to the debate on the main motion. With no further discussion she announced that this required a 2/3 vote. Ms. Breed said that everyone needs to consider not only the neighborhood, not only the facility, whether we have been given enough information that this is a necessary project and government needs to take a harder look at what we have and consider the taxpayer in a more considerate manner than what we have done. Resolution No. 478-06 was defeated by a Roll Call vote with all members present voting aye, except Ms. Breed, Mr. Cornell, Mr. McKee, Ms. Price, Mr. Ross, Mr. Troy, Mr. VanDee, Mr. Willcox, Mr. Williams voting nay.
Mr. VanDee reminded others of the meeting on January 30th. Chairman Brown questioned the reason for the meeting, as there is now no sale of property. Mr. VanDee said to continue discussions with the neighborhood.
RESOLUTIONS
Ms. Brown pulled Agenda No. 1
On the motion of Ms. Brown, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 2 became: Resolution No. 2-07 Appoint/Reappoint Members Communications Advisory Board.
On the motion of Ms. Brown, second by Mr. Troy and adopted by all members
voting aye, Agenda No. 3 became: Resolution No. 3-07 Reappoint Member Cortland County Soil & Water Conservation
District Board of Directors.
On the motion of Mr. VanDee, second by Mr. Troy Agenda No. 4 was introduced. Referring to previous discussions regarding bundling together these types of services and letting one major contract, Mr. Williams asked if this is a unique item that cannot be serviced this way. Chairman Brown said she needed to check into that to see if it is specialized. Adopted by all members voting aye except Mr. Williams voting nay, Agenda No. 4 became: Resolution No. 4-07 Authorize Agreement Real Property Tax Services OCE Scanner/Printer.
On the motion of Mr. VanDee, second by Mr. Cornell Agenda No. 5 was
introduced. Mr. Williams asked if this is the same amount they were given last
year. Mr. Schrader said it was a slight increase. Adopted by all members
voting aye, Agenda No. 5 became: Resolution No. 5-07 Authorize Agreement
Finger Lakes Library
Association.
On the motion of Mr. VanDee, second by Mr. Troy and adopted by all
members voting aye, Agenda No. 6 became: Resolution No. 6-07 Authorize
Agreement Cortland County Chamber of Commerce.
On the motion of Mr. VanDee, second by Ms. Breed and adopted by all members voting aye, Agenda No. 7 became: Resolution No. 7-07 Establish Reserve Account EMO.
On the motion of Mr. VanDee, second by Mr. Cornell and adopted by all members
voting aye, Agenda No. 8 became: Resolution No. 8-07 Accept
Grant/Amend Budget Homeland Security Grant Program Sheriff's Department.
On the motion of Mr. Tagliente, second by Ms. Price and adopted by all members voting aye, Agenda No. 9 became: Resolution No. 9-07 Authorize Agreement Information Technology (Munis). The Clerk noted a correction in the account number that will be made to the final Resolution.
On the motion of Mr. Tagliente, second by Mr. Daniels and adopted by all
members voting aye, Agenda No. 10 became: Resolution No. 10-07 Extend
Temporary Appointment of Safety Officer Safety Department.
On the motion of Mr. Clark, second by Mr. Cornell and adopted by all
members voting aye, Agenda No. 11 became: Resolution No. 11-07 Authorize
Agreement/Accept Funds
Health
Department/Administration (Cancer Services Program).
On the motion of Mr. Clark, second by Ms. Breed and adopted by all
members voting aye, Agenda No. 12 became: Resolution No. 12-07 Authorize Agreement/Accept Funds
Health
Department/Administration (Healthy Heart Program).
On the motion of Mr. Clark, second by Ms. Price and adopted by all
members voting aye, Agenda No. 13 became: Resolution No. 13-07 Authorize Agreement/Accept Funds
Health
Department/ Jacobus Center for Reproductive Health (State Grant).
On the motion of Mr. Clark, second by Mr. McKee and adopted by all members
voting aye, Agenda No. 14 became: Resolution No. 14-07 Authorize
Agreement/Accept Funds
Health
Department/Administration (Community Partnership for Tobacco Control Program).
On the motion of Mr. Clark, second by Mr. Troy Agenda No. 15 was introduced. Ms Breed stated that we need to advocate other than just the Tompkins Street corridor given the tragedy my family has just suffered. Adopted by all members voting aye, Agenda No. 15 became: Resolution No. 15-07 Accept Funds Health Administration Special Pedestrian Traffic Grant.
On the motion of Mr. Clark, second by Ms. Breed and adopted by all
members voting aye, Agenda No. 16 became: Resolution No. 16-07 Amend Budget Health
Department/Jacobus Center (Grant
Rollover from 2006 Budget to 2007 Budget).
On the motion of Mr. Clark, second by Mr. Daniels and adopted by all
members voting aye, Agenda No. 17 became: Resolution No. 17-07 Authorize
Agreements Mental Health Department (DocuTrac,
Inc).
On the motion of Mr. Tagliente, second by Mr. Armstrong, Agenda No 18 was introduced. Mr. Williams said he assumed that this wasn’t bid and asked when was the last time we went out to bid for this service. Highway Superintendent, Don Chambers answered that we do not go out to bid for professional services. Cortland County has used this engineering firm for a number of years for solid waste and highway projects and has provided an excellent service to the County. Mr. Williams asked what the total amount of the three accounts listed amounted to. Mr. Schrader said that we are looking at the individual professional service lines in each of these budgets, however you cannot use the total figure as we also use these lines for testing services, Burk Labs, leachate testing and pay the marketer for our recyclables so basically we are looking at approximately $30,000. Adopted by all members voting aye, Agenda No. 18 became: Resolution No. 18-07 Specialized Engineering Services Agreement Highway Department.
On the motion of Mr. Tagliente, second by Mr. Armstrong, Agenda No 19 was introduced. In regards to the $465,000, Mr. Williams asked if that was for a larger bond that we have in place. Mr. Schrader said that would be up to the Treasurer, but my personal assumption is yes that it will be lumped in with other projects. Mr. Willcox asked if they would all have the same longevity. Mr. Schrader said that will depend on our fiscal advisors and bond counsel. But generally speaking we are able to blend a bond to all their lives into one useful life to bond. Adopted by all members voting aye, Agenda No. 19 became: Resolution No. 19-07
Authorization to Bond for Highway Department Equipment Highway Department.
On the motion of Ms. Price, second by Mr. Troy, Agenda No 20 was introduced. Mr. Williams asked Ms. Price how this transfers to a dollar amount. Mr. Price referred the question to Ms. Deloff, Director of the Agency on Aging who answered $11,631.00. Ms. Breed added that she didn’t think the community realizes how much these people do for us in time served and money saved. Chairman Brown added that they are a great asset to our community. Adopted by all members voting aye, Agenda No. 20 became: Resolution No. 20-07 Authorize Application Area Agency on Aging (Retired and Senior Volunteer Program).
On the motion of Ms. Price, second by Mr. McKee, Agenda No 21 was introduced. Mr. Williams asked for the amounts. Chairman Brown answered $30,000 as per the resolution. Adopted by all members voting aye, Agenda No. 21 became: Resolution No. 21-07 Authorize Agreement Area Agency on Aging (Office of Mental Retardation/Developmental Disabilities).
On the motion of Ms. Price, second by Mr. Clark and adopted by all members voting aye, Agenda No. 22 became: Resolution No. 22-07 Authorize Agreement Area Agency on Aging
(Long Term Care Ombudsman Program).
On the motion of Ms. Price, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 23 became: Resolution No. 23-07 AUTHORIZE ONE-STOP OPERATOR AGREEMENT Between THE CAYUGA-CORTLAND WORKFORCE INVESTMENT BOARD and ONE-STOP OPERATOR CONSORTIUM OF THE CAYUGA-CORTLAND WORKFORCE DEVELOPMENT SYSTEM. Ms. Breed encouraged everyone in the County to take advantage of these services because they do an excellent job and are highly efficient.
On the motion of Ms. Price, second by Mr. McKee Agenda No. 24 was introduced. Ms. Price stated that she is proud to sponsor this resolution, as it is long overdue. Our foster parents do a phenomenal job, open their hearts and homes to take care of children in need. We need to do this to attract and retain foster parents we have and develop foster homes that keep these children in Cortland and out of institutions as part of a bigger plan. Adopted by all members voting aye, Agenda No. 24 became: Resolution No. 24-07 Authorize Rates Department of Social Services (Foster Care/Adoption Payment Rates).
On the motion of Ms. Price, second by Mr. Troy and adopted by all
members voting aye, Agenda No. 25 became: Resolution No. 25-07 Authorize
Agreement Department
of Social Services
(StafCare
d/b/a AmeriCare).
On the motion of Ms. Price, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 26 became: Resolution No. 26-07 Accept Bids/Authorize Agreement Cortland County Department Of Fire & Emergency Management.
On the motion of Mr. Ross, second by Mr. McKee and adopted by all members voting aye, Agenda No. 27 became: Resolution No. 27-07 Authorize Agreement Cortland County
(Cornell Cooperative Extension).
On the motion of Mr. Ross, second by Mr. Cornell and adopted by all members
voting aye, Agenda No. 28 became: Resolution No. 28-07 Authorize Chairman To Sign Agreement
Planning Department (Cortland County and Central New York Regional Planning & Development Board 2007).
On the motion of Mr. Ross, second by Mr. Clark and adopted by all members voting aye, Agenda No. 29 became: Resolution No. 29-07 Authorize Agreement Cortland County
(Federation of Sportsmen).
On the motion of Mr. Ross, second by Mr. Cornell and adopted by all members
voting aye, Agenda No. 30 became: Resolution No. 30-07 Authorize
Payment Cortland County
(Cortland
County Soil and Water Conservation District). Ms. Breed added that this
department goes beyond expectations, especially with the farmers and commend
the job they are doing.
On the motion of Mr. Ross, second by Ms. Price, Agenda No 31 was
introduced. Mr. Williams asked
how this compared to the amount given last year. Mr. Schrader said it was an
increase from last year. Adopted by all members voting aye, Agenda No. 31
became: Resolution No. 31-07 Authorize Agreement Cortland County SPCA.
ANNOUNCEMENTS
Mr.
Cornell reminded all that a CCCTVS meeting will be held in Room 304 following
session with an agenda of Mr. Forbes presenting his survey of the cost of
sharing with other municipalities and Mr. Doty discussing Broome County’s
trial DMV satellite project.
Mr.
Steger announced that in regards to the PDR Program that Mrs. Sears and the
Harris’s have received their payments this afternoon and the case is closed.
Mr.
Schrader corrected his earlier statement regarding the SPCA, saying that the
amount is actually down from last year.
Meeting was adjourned at 7:15 PM
Minutes prepared by Sue Morgan, Clerk
Approved 2/22/07