Approved
Minutes of Legislative Session
June
28, 2007 - 6 PM Meeting
PUBLIC HEARINGS
Chairman Brown opened the Public Hearing, to consider the Operating
Budget Tompkins Cortland
Community College for the fiscal year September 1, 2007 to August 31, 2008 at 6:05 PM. The Clerk read the Legal Notice as published in the Cortland Standard. Chairman Brown asked three times if there was anyone present wishing to speak in favor of the proposed operating budget. No one indicated they wished to speak in favor of the budget. Chairman Brown asked three times if there was anyone present wishing to speak against the proposed operating budget. No one responded that they wished to speak against the proposed budget. Chairman Brown closed the Public Hearing at 6:09 PM.
Chairman Brown opened the Public Hearing concerning acquisition by Eminent Domain of 13-15 Elm Street in the City of Cortland at 6:10 PM. The Clerk read the Legal Notice as published in the Cortland Standard. Chairman Brown asked three times if there was anyone present wishing to speak in favor of the proposed acquisition by Eminent Domain. No one indicated they wished to speak in favor of the proposed acquisition by Eminent Domain. Chairman Brown asked three times if there was anyone present wishing to speak against the proposed acquisition by Eminent Domain. No one responded that they wished to speak against the proposed acquisition by Eminent Domain. Chairman Brown asked if anyone has any additional information or material they wish to provide at this time in reference to this property. There was no response. Chairman Brown closed the Public Hearing at 6:12 PM.
Meeting was called to order at 6:13 PM by Chairman Brown, followed by the Salute to the Flag.
The Clerk took Roll Call with all members recorded as present except Mr. Dafoe, absent and Mr. Willcox, excused.
The minutes of May 24, 2007 Legislative Meeting and June 18, 2007 Special Meeting were unanimously approved.
PRIVILEGE OF THE FLOOR
The Clerk introduced Patrick Brennan, NYS Director Rural Development who gave an overview of the agency’s programs. He told legislators that they administer more than 20 programs in New York and have invested more than $1.2 billion in the state since 2001. He explained their business loan guarantee program, utilities, housing and national programs and highlighted investing more than $13 million in the Hope Lake Indoor Water Park and the Country Inn and Suites loan guarantees as well as their role with the Cortland Sports Complex, Homer Center for the Arts and projects through the Rural Rental and Single Housing programs in Cortland County. He concluded saying that as part of their reorganization they will soon be opening a Cortland office.
Chad Loomis, 73 Church Street, Cortland, New York expressed his concerns with Agenda No. 9. He said he is in favor of the generator and supports the rejection of bids however he questioned how the costs were developed. He recommended a professional to prepare and calculate bid specifications in order to save costs on change orders. He cautioned that legislators need to sharpen their pencils and be fiscally responsible.
PROCLAMATIONS & RECOGNITIONS
The
Clerk read a Certificate of Recognition of Erik Van Ingen Marathon High School
Track & Field accomplishments. Chairman Brown praised Erik’s
accomplishments and told him how proud the community is.
Mr. Cornell thanked the Marathon coaching staff and Athletic Director
who are instrumental in providing winning recipients in the Marathon School
District. Mr. Van Ingen thanked legislators for the honor and recognition.
PRESENTATION OF PETITIONS, COMMUNICATIONS AND NOTICES
Carol Tytler reported on the Ad Hoc Committee progress to date. She said they have gathered information on the Motor Vehicle Department and the rational to move forward in relation to Phase II of the Courthouse project. Brian Parker has been asked to give the committee a list of properties to consider for relocation and that will be discussed at their next meeting on July 3rd at 7 AM. She also mentioned that 6 legislators, including her, toured the Chenango County Jail to help envision the needs for Cortland County.
Mr. VanDonsel presented impact assessment questions for the legislator’s environmental review of the property involved in the eminent domain procedure. The questions were as follows:
C. Could action result in any adverse effects associated with the following:
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species?
C4. A community’s existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources?
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action?
C6. Long term, short term, cumulative, or other effects not identified in C1 to C5?
C7. Other impacts (including changes in use of either quantity or type of energy?
There were no concerns raised so he will proceed to develop a resolution for the General Services Committee to move forward with the process.
RECEIVE AND FILE REPORTS OF STANDING, SPECIAL AND ADHOC COMMITTEES
Mr. Ross moved to suspend the rules to present a resolution to appoint Robert C. Howe, Republican Election Commissioner, second by Mr. VanDee and passed by required 2/3 vote, all voting aye except Ms. Breed, Mr. Spaulding and Ms. Brown.
On motion of Mr. Ross, second by Mr. VanDee Resolution to Appoint Republican Election Commissioner (Robert C. Howe) was introduced. Ms. Breed said she had three fundamental problems with the appointment: 1. Republicans receive funds from the party and the Chairman ultimately decides who receives those funds, 2. there is a lawsuit pending against the County that has not been resolved costing taxpayer dollars, 3. there is a fundamental perception in the community that the Chairman of any party should not be an Election Commissioner. Chairman Brown agreed saying that she has had constituent concerns expressed and it has the appearance of impropriety. Mr. VanDee said that is only a personal concern; there is nothing illegal surrounding that and other counties have individuals in the dual role. Mr. McKee clarified the dates of the two-year term in the resolution. Ms. Tytler said her belief is that committees should decide whom they want as Election Commissioner and we need to respect the recommendations of the committees. She said she values the process but it becomes complicated when we mix people and the lawsuit with the process. Chairman Brown stated she did not believe that the Chairman of either party should be Election Commissioner. Mr. Armstrong agreed and said he is uncomfortable with this in light of the lawsuit. He added his dissatisfaction with the paper work being filed on June 7th and putting a timeline on the appointment. Chairman Brown said the legislature has 30 days to act and the caucus has an additional 30 days. Mr. VanDonsel confirmed that and added that if no action is taken the appointment will return to the committee for another nomination. A Roll Call vote was taken with Mr. Cornell, Mr. Daniels, Mr. McKee, Ms. Price, Mr. Steger, Ms. Tytler, Mr. VanDee and Mr. Williams voting aye and Mr. Armstrong, Ms. Breed, Mr. Clark, Mr. Hartnett, Mr. Ross, Mr. Spaulding, Mr. Tagliente, Mr. Troy and Ms. Brown voting nay. Motion failed.
Mr. Ross requested a five-minute recess. Meeting was recessed at 6:56PM.
Chairman Brown called the meeting back to order at 7:10 PM.
On motion of Mr. Clark, second by Ms. Price and all members voting aye, 2006 Annual Report-Highway Department was received and filed.
ARTICLES POSTPONED TO DAY CERTAIN
On motion of Mr. Ross, second by Mr. Troy Agenda No. 1 was introduced. Ms. Tytler said she was proud to bring this resolution back and appreciates the support from the City Council. Adopted by all members voting aye, Mr. Tagliente voting nay, Agenda No. 1 became Resolution No. 191-07: Resolution Authorizing a Partnership with the City of Cortland for a Drainage Study Along Otter Creek at State Route 281 and Amending Budget.
RESOLUTIONS
On motion of Mr. VanDee, second by Ms. Breed and all members voting aye, Agenda No. 2 became Resolution No. 192-07: Adopt 2007-2008 Operating Budget Tompkins Cortland
Community College.
Mr. Van Dee
pulled Agenda No. 3, Authorization for Chairman to execute Satisfaction of
Mortgage Property
at 17 Stewart Place, City of Cortland and was postponed to day certain. He
stated that we lack information to act upon it. Ms. Price stated it was sad
that after 2 months we are unable to act. Chairman Brown said it is important
that this is done right. Mr. VanDonsel explained that Mr. Knickerbocker,
independent counsel, was not available today to answer questions posed by the
Chairman.
On motion of Mr. VanDee, second by Mr. Armstrong
Agenda No. 4 was introduced. Mr. Williams questioned the rational behind
the two items and asked where it is budgeted. Chairman Brown explained that
museums are a different category than not-for- profit agencies using the
Occupancy Tax monies. Mr. Williams asked if this is locked into the two
agencies. Ms. Price said that up until two years ago funding came from
Occupancy Tax and asked Mr. VanDee to review those funds in Budget and Finance
to explain how monies are distributed. Mr. VanDonsel referred to page 25 of
the 2007 Budget listing under Historical Properties. Ms. Breed said it had to
do with the limits placed through the Occupancy Tax monies. Mr. VanDee and Ms.
Tytler agreed. Mr. Williams said a review is necessary.
Adopted by all members voting aye, Agenda No. 4 became
Resolution No. 193-07: Authorize Agreements Cortland
County (1890
House Museum and Historical Society).
On motion of Mr. VanDee, second by Mr. Cornell Agenda No. 5 was introduced. Ms. Breed asked how this was missed in the budget. Chairman Brown said that Mr. Schrader is absent due to illness and unable to answer that question. Mr. Armstrong asked what the money is for. Chairman Brown replied it is for the Fourth of July fireworks at Dwyer Park. All members voting aye Agenda No. 5 became Resolution No. 194-07: Amend 2007 Budget (Cortland County Chamber of Commerce).
On motion of Mr. VanDee, second by Mr. Armstrong Agenda No. 6 was introduced. Ms. Breed questioned the use of fund balance. Mr. VanDonsel referred to page 24 of the budget. Chairman Brown said this is from the Occupancy Tax money. Ms. Breed questioned the wording in the resolution indicating use of fund balance. Chairman Brown said that will be corrected in the second WHEREAS paragraph. Adopted by all members voting aye, Agenda No 6 became Resolution No. 195-07: Amend 2007 Budget (Cortland County Convention & Visitors Bureau).
On motion of Mr.
VanDee, second by Mr. Cornell Agenda No. 7 was introduced. Ms. Breed asked that Mr. Kevin Whitney speak
to how this has worked. Mr. Whitney explained that we started out to upgrade
our infrastructure for the County Communication System with the Virgil tower.
We have worked hard with Mr. Schrader to get funding and lacked money for
pagers. Senator Seward has been instrumental to bring funding for 250 pagers
that will be distributed to 12 County departments; 20-21 pagers per
department. Mr. Whitney asked for support to move forward as 3 more towers are
needed. He said ideally a total of 7 towers are necessary for this to work
100%. He said that Fire Service appreciates the support of Scott Schrader and
the legislature and they will return with proposal to complete Phase 3.
Adopted by all members voting aye, Agenda No. 7 became Resolution
No. 196-07: Accept
Legislative Initiative Grant For UHF Paging Authorize Grant Agreement And
Amending The Budget In Relation Thereto.
On motion of Mr. VanDee, second by Mr. Troy Agenda No. 8 was introduced. Legislators Price, Breed, Clark and Ross said they were pleased that this has become available and that we are using a local company. A correction was noted to the dates in the resolution to be corrected, Adopted by all members voting aye, Agenda No. 8 became Resolution No. 197-07:Authorize Contract Systems East Credit Card Payments.
On motion of Mr. Tagliente, second by Ms. Breed and all members voting aye, Agenda No. 9 became Resolution No. 198-07: Rejects
Bids Emergency Generator For County Office Building.
On motion of Mr. Clark, second by Mr.
Spaulding and all members voting aye, Agenda
No. 10 became Resolution No. 199-07: Abolish/Create
Health Department Temporary Part Time Public Health Hospital
Coordinator/Per Diem Public Health Hospital Coordinator.
On motion
of Mr. Clark, second by Mr. Cornell and all members voting aye, Agenda
No. 11 became Resolution No.
200-07:
Authorize
Agreements/Accept Grant Funds /Amend Budget Health Department/Administration
(Healthy Heart Disabilities Initiative).
On motion of Mr. Clark, second by Ms. Price and all members voting aye, Agenda No. 12 became Resolution No. 201-07: Authorizing an Agreement Health Department/Health Education Cancer Screening Program Authorize Third Party Agreement.
On motion of Mr. Clark, second by Ms.
Price, Agenda No. 13 was introduced. Mr. McKee asked if there are people
presently not being serviced. Chairman Brown asked Ms. Gailor to answer. She
said that there are 2 children presently not receiving services but will be by
the end of the month. We have had difficulty in receiving services from
contractors and in the Fall we will have a full-time Pathologist back on both
the contractor’s and our staff. There are recruitment difficulties for this
position and we presently have a candidate available. Ms. Breed expressed her
concern with increasing the size of government and asked for a report of the
number of positions created this year. Chairman Brown added this should also
include the number of positions abolished. Ms. Price said it is important that
we limit increased government costs but not for the sake of the children as
early intervention saves money in the long run. Ms. Tytler asked Ms. Gailor to
explain contract for services in the rural area. Ms. Gailor explained that it
is difficult as the payment is the same whether you see 2-3 patients in an
hour versus 1-2 patients a day. Adopted by all members voting aye, Ms. Breed
voting nay, Agenda No. 13 became Resolution No. 202-07: Create Clinical Fellow in Speech Language Pathology Health
Department/Children with Special Needs Division.
Mr. Clark pulled Agenda No. 14 Authorize Agreement with Locum Tenens for the Recruitment of a Staff Psychiatrist due to questions on the contract. Agenda No. 14 was postponed to Day Certain.
On motion of Mr. Tagliente, second by Mr. Troy and all members voting aye, Agenda No. 15 became Resolution No. 203-07: Award Service Contract – Stay In-Place Forms Highway Department.
On motion of Mr. Tagliente, second by Mr.
Ross Agenda No. 16 was introduced. Ms. Breed expressed concern that we do not
go out for RFP for engineering services. Chairman Brown asked Mr. Chambers to
address this concern. Mr. Chambers said that we did an RFP and made our
selection from the result. Adopted by all members voting aye, Agenda No 16
became Resolution No. 204-07: Landfill
Phase II Engineering Services Agreement Highway Department.
On motion of Mr. Tagliente, second by Mr. Cornell Agenda No. 17 was introduced. Ms. Breed said she is only in favor of doing one cell due to the expense and proceed with a smaller scope than what this proposes. She said the County is not required to have a landfill. Chairman Brown stated that a landfill is the best option for the county. Mr. Tagliente said that we are maintaining costs at the current rate. Adopted by all members voting aye, Ms. Breed voting nay, Agenda No. 17 became Resolution No. 205-07: Authorize Project to Construct Phase II, Cell IIA & IIB Cortland County Landfill Highway Department.
On motion of Mr. Tagliente, second by Mr. Troy and all
members voting aye, Agenda No. 18 became Resolution No. 206-07: Award
Highway Bid – Metal Object Removal Highway Department/Recycling.
On motion of Mr. Tagliente, second by Ms. Price and all
members voting aye, Agenda No. 19 became Resolution No. 207-07: Award
Service Of Landfill Roll Off Containers Contract Highway Department/Landfill.
On motion of Mr. Tagliente, second by Mr. Ross and all members voting aye, Agenda No. 20 became Resolution No. 208-07: Authorize Supplemental Agreement Recycling/Highway Department J.M. Murray Center-Recycling Sorting Services.
On motion of Mr.
Tagliente, second by Mr. Troy and all
members voting aye, Agenda No. 21 became
Resolution No. 209-07: Abolish
Recycling Product Sorter (PT) Highway Department.
On motion of Ms. Price, second
by Mr. Cornell and all members voting aye,
Agenda No. 22 became Resolution No. 210-07: Accept
Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods.
On motion of Ms. Price, second
by Mr. Cornell and all members voting aye,
Agenda No. 23 became Resolutions
No. 211-07:
Accept Bids/Authorize Purchase Area
Agency on Aging/Nutrition Paper Goods and Maintenance Supplies.
On motion of Ms. Price, second
by Mr.
Armstrong and all members voting aye,
Agenda No. 24 became
Resolution No. 212-07:
Accept
Bids/Authorize Purchase Area Agency on Aging/Nutrition Milk and Dairy
Products.
On motion of Ms. Price, second by Mr. Troy and all members voting aye, Agenda No. 25 became Resolution No. 213-07: Amend
Budget Area Agency on Aging (AAA Transportation).
On motion of Ms. Price, second
by Mr. Troy and all members voting aye, Agenda No. 26 became Resolution No. 214-07: Amend
Budget Area Agency on Aging (Title VII Ombudsman).
On motion of Ms. Price, second by Mr.
Spaulding, Agenda No. 27 was introduced. Ms. Breed said that we need to
monitor positions when funding ceases. Chairman Brown said that is done by the
County Administrator. Adopted by all members voting aye, Agenda No. 27 became
Resolution No. 215-07: Create Aging
Services Specialist Area Agency on Aging.
On motion of Ms. Price,
second by Mr. Cornell and all members
voting aye, Agenda
No. 28 became Resolution No.
216-07: Amend Budget Department of Social Services.
On motion of Ms. Price,
second by Mr. Clark and all members
voting aye, Agenda
No. 29 became Resolution No.
217-07: Create Temporary Caseworkers
(2) Department of Social Services.
On motion of Ms. Price, second by Mr. Troy and all
members voting aye, Agenda No. 30 became Resolution No. 218-07: Accept
Grant/Amend Budget Youth Bureau (Cayuga County United Way Donation).
On motion of Ms. Price, second by Mr. Troy and all
members voting aye, Agenda No. 31 became Resolution No. 219-07:
Accept Grant/Amend Budget Youth
Bureau (Cortland Community Service Club).
On motion of Mr. Daniels, second by Mr. Spaulding and all members voting aye, Agenda
No. 32 became Resolution No. 220-07:
Authorize Agreement Fire & Emergency Management State of New
York – FFY 2007 LEMPG.
On motion of Mr. Daniels, second by Mr. Armstrong and all members voting aye, Agenda No. 33 became Resolution No. 221-07: Authorize
Agreement Fire & Emergency Management (NYS Division Of Criminal Justice
Services).
On motion of Mr. Daniels,
second by
Mr. Armstrong and all members voting aye, Agenda No. 34 became Resolution No. 222-07: Authorize
Agreement Probation Department New York State Division of Probation and
Correctional Alternatives (DPCA) (Supervision
of Sex Offender Registration Act (SORA) Risk Levels 2 and 3 Sex Offenders).
On motion of Mr. Daniels, second by Ms. Price,
Agenda No. 35 was introduced. Ms. Breed asked for a comparison of this
year to last year to determine if we have had an increase in cases and/or
hours. Chairman Brown said that information will be requested from Mr. Dayton.
Adopted by all members voting aye, Agenda No. 35 became Resolution
No. 223-07: Amend 2007 Budget Assigned Counsel (Public Defender’s
Office).
On motion of Mr. Daniels, second by Mr. Troy and
all members voting aye, Agenda No. 36 became Resolution No. 224-07:
Appoint Conflict Attorney. Chairman
Brown introduced Mr. Miller who thanked the legislature and said he is looking
forward to working for Cortland County.
On motion of Mr. Cornell,
second by Mr. Troy and all members
voting aye, Ms. Breed voting nay, Agenda
No. 37 became Resolution No.
225-07: Amend
Budget/Authorize Contractual Agreement Board of Elections Info Quick
Solutions, Inc.
On
motion of Mr. Cornell, second by Mr. Spaulding and all members voting aye,
Agenda No. 38 became Resolution No. 226-07: Amend Budget, Transfer
Funds Personnel/Civil Service.
On motion of Mr. Ross, second
by Mr. Troy and all members voting aye, Agenda No. 39 became Resolution
No 227-07: Rescind Resolutions 266-05 (Adopt the Cortland County Purchase
of Development Rights Review Criteria) and 267-06 (Amend Resolution 266-05,
Adopt the Cortland County Purchase of Developments Rights Review Criteria) and
Adopt the Cortland County Farmland Protection Program Ranking Criteria: Score
Sheet Planning Department.
On motion of Mr. Ross, second by Mr. Armstrong,
Agenda No. 41 was introduced. Mr. McKee said this is a step in the right
direction for this type of project. Mr. Ross said that this gives the County
the opportunity at the landfill location and is fully funded by the company.
Mr. Armstrong added that it is important to get this project off the ground.
Adopted by all members voting aye, Agenda No. 41 became Resolution No.
229-07 Authorize Memorandum of
Understanding Air Energy TCI, Inc. and Cortland County Planning Department.
ANNOUNCEMENTS
Ms.
Price said that the Neff’s are very pleased with the efforts of the County
and Mr. Chambers regarding the Daisy Hollow Road. She added that her
constituents have been concerned with helping with transportation with the
elderly and she was pleased that tonight’s actions addressed those concerns.
Ms.
Tytler announced that she will be connecting with members of the Planning Sub
Committee for a meeting date to continue their work.
Chairman
Brown announced that in April she distributed forms to all legislators to
evaluate the performance of the County Administrator. At the May meeting in
executive session they agreed to have them completed for her to compile by
this meeting. She stated that the County Administrator serves at the pleasure
of the full legislature and members have a responsibility to constituents to
insure that the Administrator’s duties are in conjunction with the needs of
the County. She added that the only evaluation of Mr. Schrader is when the
public and the media is present and that she was very disappointed that only
11 written evaluations were submitted. She said that anyone who completed an
evaluation is welcome to review the results in her office. She plans on
meeting with the County Administrator next week to discuss the summation of
his report. Mr. Van Dee said it was his understanding that we were to do this
at this meeting.
Meeting
was adjourned at 7:53 PM.
Minutes prepared
by Susan Morgan, Clerk