Approved
Minutes
Legislative
Session: May 24, 2007 - 6 PM
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. Tagliente, absent.
The minutes of April 26, 2007 Legislative Meeting were unanimously approved.
PRIVILEGE OF THE FLOOR
Chairman Brown said that Carl Haynes was here to answer any questions that legislators may have related to Agenda No. 6. Ms. Price asked Mr. Haynes to explain the reason for the resolution. Mr. Haynes explained that construction cost over runs at the student center made it necessary for Agenda No. 6. He said that we are not asking for more County or taxpayer resources, as the capital charge-back fund is sufficient to offset this in the long run. The cash flow will take care of it however we need your approval in order to use the monies. There were no questions from legislators.
PROCLAMATIONS & RECOGNITIONS
Chairman Brown introduced Family Counseling Executive Director Robert Gardner and Leslie Wilkins, Program Coordinator for the Fifth Annual Eckerd Drug Quiz Show. Ms. Wilkins thanked Carol Tytler for her role as moderator as well as her support and participation in the contest for the past two years. She recognized the first place team advisor Denise Hall from St. Mary’s School who introduced Lydia Polley, Will Brown, Zach Forrester, Josh Gutchess, Emma Porter, Lauren Smith. Ms. Wilkins recognized second place student advisor from Virgil Elementary School, Eileen Fitzgerald-Spiehs who announced their team winners: Cassidy Brown, Morgan Larkin, Jordan Smith, Alexis Kryger, Mikaela Poirer, Elizabeth Sprague and Suzannenid Quinones. Chairman Brown was joined by legislators Don Spaulding and Sandra Price to present proclamations to the schools for their support and participation in the contest.
Chairman Brown asked Carol Deloff and Cindy Stockholm to be recognized for the Area Agency for Aging -National Recognition for acts of caring, received last month by their agency. This award was for the best County program in the Country. Ms. Stockholm said she was honored to represent Cortland County and through NACO she was able to attend the ceremony in Washington, DC. She said that we were one of 17 Counties to win awards, the only agency from New York State and the only RSVP program to win. She thanked legislators for their support of the program that presently has 696 volunteers giving over 78,000 hours to 60 different community agencies. She added her appreciation to the department and Carol Deloff for their support also.
PRESENTATION OF PETITIONS, COMMUNICATIONS AND NOTICES
RECEIVE AND FILE REPORTS OF STANDING, SPECIAL AND ADHOC COMMITTEES
On motion of Ms. Price, second by Mr. Troy and all voting aye, the following were received and filed:
ARTICLES POSTPONED TO DAY CERTAIN
UNFINISHED BUSINESS
On motion of Mr. Troy, second by Mr. Cornell and all voting aye the Legislature went into Executive Session to discuss the County Administrator Evaluation at 6:16 PM
Meeting resumed at 6:21 PM
RESOLUTIONS
On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting aye, Agenda No. 1 became: Resolution No. 162-07 Reappoint Members Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board.
On the motion of Ms. Brown, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 2 became: Resolution No. 163-07 Appoint Member Mental Health Subcommittee of the Community Services Board.
On the motion of Ms. Brown, second by Mr. Troy and adopted by all members voting aye, Agenda No. 3 became: Resolution No. 164-07 Appoint Member Criminal Justice Advisory Board.
On the motion of Mr. VanDee, second by Mr. Cornell Agenda No. 4 was introduced. Mr. Willcox said that when he voted for this program he suggested personal guarantees be obtained from those accepting monies and it appears we are already out $10,000. Mr. Schrader said that is yet to be determined; D. B. Gotti has indicated they intend to pay back. Mr. Willcox asked if any safeguards are taken. Mr. Schrader said he would inquire. Mr. VanDonsel stated he believed that they signed notes however is not sure. Ms. Price stated she believes the debt will be repaid. Chairman Brown asked if it is the IDA or the BDC that set the criteria. Mr. Schrader said the Board establishes guidelines and criteria for borrowing however he will check to see what types of guarantees are required to receive the money. Adopted by all members voting aye, Agenda No. 4 became: Resolution No. 165-07 Amend 2007 Budget Grow Cortland Program.
On the motion of Mr. VanDee, second by Mr. Cornell Agenda No. 5 was introduced.
Mr. Spaulding questioned the Village and Town of Homer included in the 3 categories of the resolution. It was determined that the resolution be corrected and amended to replace the Town of Homer with Town of Marathon, under the heading of Marathon in the third category. Adopted by all members voting aye, Agenda No. 5 became: Resolution No. 166-07 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office.
On the motion of Mr. VanDee, second by Ms. Price and adopted by all members voting aye, Agenda No. 6 became: Resolution No. 167-07 Approval Of Tompkins Cortland Community College Campus Master Plan Amendment.
On the motion of Mr. Dafoe, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 7 became: Resolution No. 168-07 Extend Temporary Appointment of Safety Officer Safety Department.
On the motion of Mr. Dafoe, second by Mr. Clark and adopted by all members voting aye, Agenda No. 8 became: Resolution No. 169-07 Award Bid Several Departments
Uniforms & Rug Rental.
On the motion of Mr. Dafoe, second by Mr. Cornell Agenda No. 9 was introduced. Mr. Willcox asked if this property is for placement of the generator. Mr. Schrader said that we are taking land adjacent to our parking lot and it will compensate for loss of space from the generator however it will allow for additional parking for the County Office Building. Mr. Willcox said he didn’t recall conversation for additional space taking place when the generator was proposed. He asked if it could be located in the center of the building. Mr. Schrader said not in the courtyard. Mr. Williams asked how many additional parking spaces are anticipated. Mr. Schrader said without any studies to maximize the space and determining access and egress, he projected 25-30 additional spaces. Mr. Williams asked how many houses are we taking. Mr. Schrader said there are two houses on one piece of property as well as two additional pieces adjacent to that. Mr. Willcox asked if he is looking to take more property. Mr. Schrader said that is a legislative decision however he believes the County should have every piece of property on these two blocks. He said we have space issues and parking problems. Mr. Willcox questioned that if we come up with a master plan will we still need more parking. Mr. Schrader said that based on the square footage, number of employees and public traffic the need is not going to change regardless what is located in the County Office Building. Mr. McKee asked what kind of money are we looking at through the eminent domain process. Mr. Schrader answered that the courts will determine the fair market value of the properties. We will ask for possession, the courts will grant possession once we show legitimate purpose. There will be hearings and appraisals and we will be responsible for legal fees for both sides. It is hard to say what the fair market value will be as the property is condemned. Mr. VanDonsel added that once we get the appraisals we will get back to the legislature. Mr. Willcox asked if we don’t find it economical could we back out. Mr. VanDonsel said it can be reconsidered. Mr. Ross asked if the City condemned the property. Mr. Schrader said the Public Health Department did it. Mr. Ross asked if the property owner had an opportunity to bring the property up to code. Mr. Schrader said absolutely; there have numerous attempts with the property owner but he is unable to have people living in the structure due to its status. Mr. Ross asked if the City is able to tear it down. Mr. Schrader said the City has rights under code enforcement but doesn’t know if they have done anything. Mr. Clark asked how much is owed in taxes on the property. Mr. Schrader said he didn’t know because we are not the obligator. The City is owed the taxes and holds the County harmless on unpaid taxes. The next step in the eminent domain process will be to determine what creditors will be paid and how much. Mr. McKee asked for the pros/cons of eminent domain versus a purchase offer. Mr. VanDonsel said that once the appraisals are determined we will have leverage. Mr. Schrader said another benefit would be the court handling liens they have, including unpaid taxes, especially if we don’t pay as much as what is owed on the property. The Chairman called for a Roll Call vote to attain required 2/3 majority. Adopted by all members voting aye, except Mr. Ross and Mr. Willcox, Agenda No. 9 became: Resolution No. 170-07 Authorize County Attorney To Proceed With Acquisition Of Land And Improvement Under Eminent Domain Proceedings Law.
On the
motion of Mr. Clark, second by Mr. Troy Agenda No. 10 was introduced. Ms.
Breed asked the difference between a licensed home care service agency and
certified home health agency. She also asked if this puts us into competition
with any private entity. Chairman Brown requested that Jackie Gailor, Director
of Public Health address the questions. Ms. Gailor explained that a licensed
home care agency is unable to bill governmental insurance. A certified home
health care agency can bill Medicare and Medicaid. The intent is to supply the
same care and service under the licensed agency where the regulations don’t
require as much overhead expense and allows us to negotiate with insurance
companies. Regarding the competition with local agencies the only one that
comes to mind is Gentiva, a
national firm that offers nursing and therapy services. Both Home Care for
Cortland County, Inc. which provides aide service and shift nursing service,
and CMH Home Care which provides durable medical equipment such as oxygen, are
licensed home care agencies but neither provide the services we provide.
Adopted by all members voting aye, Agenda No 10 became: Resolution No.
171-07 Authorize Application Cortland County Health Department/Nursing
Division (Application to Operate a Licensed Home Care Services Agency).
On the motion of Mr. Clark, second by Mr. Hartnett and adopted by all members voting aye, Agenda No. 11 became: Resolution No. 172-07 Authorize Agreement/Accept Funds
Health Department Lead Poisoning Prevention Grant.
On the motion of Mr. Clark,
second by Mr. Hartnett Agenda No. 12 was introduced. Mr. Willcox asked how
much of this money is for advertising and consultation fees. Mr. Schrader said
he needed to look that up. Adopted by all members voting aye, Agenda No. 12
became: Resolution No. 173-07 Authorize
Agreements/Accept Funds Health Department/Administration (Community
Partnerships for Tobacco Control Program).
On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting aye, Agenda No. 13 became: Resolution No. 174-07 Authorize Agreements/Accept Funds
Health Department Healthy Heart Program.
On the motion of Mr. Clark, second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 14 became: Resolution No. 175-07 Award Bid/Authorize Agreement
Health Department/Children with Special Needs (Birth to 5) (Transportation of Children with Disabilities).
On the motion of Mr. Clark,
second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 15
became: Resolution No. 176-07
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. 16 became: Resolution No. 177-07 Authorize Agreements Mental Health Department (Syracuse University).
On the motion of Mr. Dafoe,
second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 17
became: Resolution No. 178-07 Transfer
Funds Highway Department.
On the motion of Mr. Dafoe, second by Ms. Price and adopted by all members voting aye, Agenda No. 18 became: Resolution No. 179-07 Authorize Inter-Municipal Agreement Highway Department.
On the motion of Mr. Dafoe, second by Mr. Spaulding Agenda No. 19 was introduced. Mr. Williams asked how many proposals were received. Mr. Chambers said six.
Adopted by all members voting aye, Agenda No. 19 became: Resolution
No. 180-07
Approval of
Selection of Airport Engineering Consultant Five-year Term Cortland County
Airport Highway Department.
On the motion of Mr. Dafoe, second by Mr. Troy Agenda No. 20 was introduced. Mr. Willcox said his constituents have asked how this affects the East Homer Baltimore project and asked Mr. Chambers for a written response. Ms. Price requested Mr. Chambers to explain how the transfer of funds will affect the East Homer-Baltimore road project. Mr. Chambers said that his budget did not have ample funds for the requested study of the Daisy Hollow Road that prompted this request. If we have savings in other projects we intend to transfer the money back into the project. Chairman Brown asked how that affects the East Homer-Baltimore project. Mr. Chambers said they might have to shorten the distance. Mr. Willcox read from the minutes that Mr. Schrader said that the transfer of funds would not impact the project. Mr. Schrader said the intent is to pick up the incomplete section next year. Adopted by all members voting aye, Agenda No. 20 became: Resolution No. 181-07 Transfer Funds Highway Department.
Mr. Schrader answered Mr. Willcox’s earlier question related to Agenda No. 12. According to the 2007 adopted budget, $94,511 is for advertising and $85,000 is for professional services.
On the motion of Mr. Dafoe,
second by Ms. Price and adopted by all members voting aye, Agenda No. 21
became: Resolution No. 182-07 Approval to Sponsor
and Expend Funds Airport Day Event Cortland County Airport. Mr. Ross said it
has been a long time since we have had an event at the Airport and was pleased
this was being planned.
On the motion of Ms. Price,
second by Mr. Cornell and adopted by all members voting aye, Agenda No. 22
became: Resolution No. 183-07 Authorize
Agreement
Department of Social Services (Office of Mental Retardation and Developmental Disabilities).
On the motion of Ms. Price, second by Mr. Spaulding and adopted by all members voting aye, Agenda No. 23 became: Resolution No. 184-07 Authorize Agreement Youth Bureau
(Member Item Funds). Ms. Price said this money was received from Assemblyman Gary Finch and thanked him for the support.
On the motion of Ms. Price, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 24 became: Resolution No. 185-07 Authorize Agreement
Employment and Training Department and The New York State Department Of Labor.
On the motion of Mr. Daniels,
second by Mr. Cornell Agenda No. 25 was introduced. Mr. Armstrong said he
thought we were no longer allowed to do live burns for training purposes. Mr.
Schrader said this is not a live burn situation. We burn one section of the
container that goes into another section and there is no live fire in the
training. Adopted by all members voting aye, Agenda No. 25 became: Resolution
No. 186-07 Renew Agreement
Cortland County and Suit-Kote Corporation Fire & Emergency Management.
On the motion of Mr. Daniels,
second by Mr. Troy and adopted by all members voting aye, Agenda No. 26
became: Resolution No. 187-07 Authorize
Agreement/Amend Budget Sheriff's Department (Offender Watch).
On the motion of Mr. Ross,
second by Ms. Price Agenda No. 27 was introduced. Mr. McKee stated he would
not support this, as it is the same 7% every year. Volunteers work these
trails and possibly the money would be better spent with the same type of map
completed for the bike trails. Mr. Ross said that the Planning Department has
designed maps and are distributed throughout the County. Chairman Brown asked
that Mr. McKee receive a map. Ms. Price said it would be nice if all
legislators received one. Adopted by all members voting aye, Mr. McKee voting
nay, Agenda No. 27 became: Resolution No. 188-07 Authorize Agreements Planning Department Cortland County and
Cortland County Snowmobile Clubs.
On the motion of Mr. Ross, second by Mr. Cornell and adopted by all members voting aye, Mr. McKee voting nay, Agenda No. 28 became: Resolution No. 189-07 Authorize Grant Application Planning Department (Cortland County Snowmobile Trail Development and Maintenance).
On motion of Mr. Ross, second by Mr. Cornell and all voting aye, Agenda No. 29 was tabled to next meeting. Ms. Tytler said she asked for this to be tabled to have an opportunity to hear what the City plans are and what level of commitment they will give. Chairman Brown said she hoped that this improves our relationship with the City when we pursue this one more time.
Chairman Brown called for a five-minute recess at 6:55 PM.
Meeting reconvened at 7:07.
On the motion of Mr. Daniels, second by Mr. Armstrong and all voting aye, the Legislature went into Executive Session to discuss litigation and County Administrator evaluation at 7:08 PM.
Meeting reconvened at 7:55 PM and adjourned with no announcements.
Minutes prepared by Susan Morgan, Clerk