November
29, 2007 – 6PM
PUBLIC
HEARINGS
Chairman Brown opened the Public Hearing, to consider Local Law #2-2007 A Local Law setting the Salary of Election Commissioners for Cortland County in compliance with Election Law at 6:04 PM. The Chairman read the rules of the Public Hearing. 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 local law. No one indicated they wished to speak in favor of the local law. Chairman Brown asked three times if there was anyone present wishing to speak against the proposed local law. No one responded that they wished to speak against the proposed local law. Chairman Brown closed the Public Hearing at 6:07 PM.
Chairman Brown opened the Public Hearing, to consider Local Law #3-2007 A Local Law setting the Salary of Election Commissioners for Cortland County in compliance with Election Law at 6:07 PM. The Clerk stated that the Legal Notice as published in the Cortland Standard is the same wording as Local Law #2, the only change being number 3. Chairman Brown asked three times if there was anyone present wishing to speak in favor of the proposed local law. No one indicated they wished to speak in favor of the local law. Chairman Brown asked three times if there was anyone present wishing to speak against the proposed local law. No one responded that they wished to speak against the proposed local law. Chairman Brown closed the Public Hearing at 6:09 PM.
Meeting was called to order at 6:10 PM by Chairman Brown, followed by the Salute to the Flag.
The Clerk took Roll Call with all members recorded as present, except Mr. Willcox recorded as absent.
The minutes of October 25, 2007 Legislative Meeting and November 20, 2007 Public Hearing were unanimously approved.
PRIVILEGE
OF THE FLOOR
No one signed in to speak
PROCLAMATIONS & RECOGNITIONS
Chairman Brown
introduced Barbara Henza who is the Finance and Consumer Educator with Cornell
Cooperative Extension of Cortland County and asked that Yvonne Delagato,
former County Historian and Elizabeth Larkin, County Clerk join her in
recognition of Barb’s honor by the State Archive for her creation of the
Farmland Brochure. Ms. Larkin told of all the time and effort that went in the
project and joined the Legislature in congratulating her on her accomplishment
and recognition.
RECEIVE AND FILE REPORTS OF STANDING, SPECIAL AND
ADHOC COMMITTEES
The 2007 Annual Report for Cooperative Extension was received and filed.
RESOLUTIONS
On motion of Ms. Brown, second by Mr. Troy and all members voting aye Agenda No. 1 became Resolution No. 335-07 Appoint Member Cortland County Board of Health.
On motion of Ms. Brown, second by Mr. Cornell and all members voting aye Agenda No. 2 became Resolution No. 336-07 Appoint/Reappoint Members Cortland County Youth Board.
On motion of Mr. VanDee, second by Mr. Cornell Agenda No. 3 was introduced Ms. Tytler asked Mr. Schrader to repeat the information he gave to Budget & Finance regarding the impact of using reserve funds. Mr. Schrader said that when fund balance is used to balance a budget it is more of an art than a science. He said he has predicted what will be unspent in one year’s given budget. The 2006 audit revealed a 4 million dollar fund balance surplus used to predict 2008. If the sales tax assumption does not come true that will affect the outcome by not receiving that revenue. He said it is important to recognize that if we do not receive revenues, the surplus has to be made up the following year just to break even. It has a potential to snowball as it did 10-15 years ago. The direction I have been given is to manage the use of fund balance. Ms. Breed made a motion, second by Mr. Daniels to amend the budget to include the Lime Hollow Center as it was overlooked in the budget. She asked to increase the miscellaneous tourism account no. A64105 54280 by $10,000. and decrease the contingency account by the same amount. Mr. VanDee said that needs to be put in a resolution form. Chairman Brown said that we can suspend the rules to proceed and make the amendment on the floor. Ms. Price asked Ms. Breed why she proposed using contingency versus occupancy tax for the money. Ms. Breed said that this is not geared toward tourism rather education programs. She added that the County Administrator recommended that route also. Mr. Schrader said that the contingency is ½ million dollars and it is the legislature prerogative to where to pull the money however without a specific tourism promotion it would not be appropriate to use Occupancy Tax monies. Mr. VanDee said they already receive $2,000 Occupancy tax funds. Mr. Troy and Mr. VanDee questioned why this was not addressed in the budget workshops. Ms. Breed said that it was. Mr. Schrader confirmed it was discussed in the first meeting. Adopted by all members voting aye, Agenda No. 3 became Resolution No. 337-07 Adopt 2008 County Budget as amended.
On motion of Mr. VanDee, second by Mr. Troy and all members voting aye Agenda No. 4 became Resolution No. 338-07 Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office.
On motion of Mr. VanDee, second by Ms. Price and all members voting aye Agenda No. 5 became Resolution No. 339-07 Amend Budget Community College Charge backs Treasurer.
On motion of Mr. VanDee, second by Mr. Cornell Agenda No. 6 was introduced. Mr. VanDee asked that this information be given out with tax notices so that people are aware of the exemption. Ms. Price thanked everyone on behalf of all seniors. Mr. Cornell spoke of a constituent concern and said he is glad this has come forward. Adopted by all members voting aye, Agenda No. 6 became Resolution No. 340-07 Increase Senior Citizens Tax Exemptions (Real Property Tax Service).
On motion of Mr. VanDee, second by Mr. Spaulding and all members voting aye Agenda No. 7 became Resolution No. 341-07 Authorizing Accounts Payable Year End Adjustments to 2007 Budget.
On motion of Mr. VanDee, second by Mr. Cornell Agenda No. 8 was introduced. Mr. VanDee said he introduced this to give all legislators an opportunity to discuss the topic. He said he is aware that it is not going anywhere but hopes it will open the door to talks with the City to discuss combined services and work together. He reminded legislators that they represent where they come from as well as the County. Mr. Armstrong said he did not want any towns that he represents to loose tax monies as they have completed their budget process. He would like Mr. Damanio to come the next legislative session to explain the City’s needs instead of communicating through the newspaper. Ms. Breed said that reopening the agreement involves all towns and villages. Cortlandville has not yet set their budget. She said we need to find an amenable way with cooperative efforts but this is not the time to reopen this agreement. Ms. Tytler agreed and said that several legislators have been talking to the City about consolidation of programs such as with Youth Bureau, DPW, and assessment offices. She said that the City is ready to talk and that should be our first priority. Ms. Price agreed it was not the time to reopen the sales tax agreement as she worries about towns and villages losing a portion of the tax. Mr. Cornell agreed. He said he would like to see where the City has made cutbacks. He would prefer the City coming to us rather than the newspaper. He added that we are not a bank that one comes to for money. Mr. VanDee agreed and announced three meetings on December 4th, 6th and 12th at 1:00 PM with City officials. Ms. Breed said there have been previous conversations with the City regarding the Police/Dispatch duties with the Sheriff’s Department for savings. Ms. Prices questioned the cost savings. Mr. Schrader said that the County took over dispatch functions for the City to release Police Officers for patrol duties. There was no cost savings just better police presence for the City. Chairman Brown asked if anyone had a problem with the meeting dates. With no objection, they will check with the City for their availability. A roll call vote was taken with Mr. Tagliente and Mr. VanDee voting aye and all other members voting nay. The motion to Re-Open Negotiations of Sales Tax Distribution Agreement failed.
On motion of Mr. Dafoe, second by Mr. Troy and all members voting aye Agenda No. 9 became Resolution No. 342-07 Award Bid/Authorize Purchase Light Duty Truck and Additional Equipment Buildings & Grounds.
On motion of Mr. Dafoe, second by Mr. Hartnett Agenda No. 10 was introduced.
Ms. Breed asked if a list of abolish/create had been done. Mr. Schrader answered yes that it was provided to all legislators earlier this year. Adopted by all members voting aye except Ms. Breed and Mr. VanDee voting nay, Agenda No. 10 became Resolution No. 343-07 Abolish/Create Building and Grounds Department Building Maintenance Worker/Building Maintenance Mechanic.
On motion of Mr. Clark, second by Ms. Price and all members voting aye Agenda No. 11 became Resolution No. 344-07 Authorize Agreement/Accept Funds Health Department/Administration/Special Programs (Cancer Services Program).
On motion of Mr. Clark, second by Mr. Cornell and all
members voting aye Agenda No.12 became
Resolution No. 345-07 Authorize
Agreement/Accept Funds Health Administration Traffic Safety and Injury
Prevention Program.
On
motion of Mr. Clark, second by Mr. Troy and all members voting aye Agenda
No.13 became Resolution No. 346-07 Accept
Funds Health Department (New York Dept. of Health Cost of Living Adjustments).
On motion of Mr. Clark, second by Mr. Hartnett and all
members voting aye Agenda No.14 became
Resolution No. 347-07 Authorize
Agreements/Accept Funds Health Department Public Health Preparedness and
Response to BioTerrorism.
On motion of Mr. Clark, second by Mr. McKee and all
members voting aye Agenda No.15 became
Resolution No. 348-07 Authorize
Agreements Health Department/Jacobus Center for Reproductive Health (Ahlers,
Interpreter, and Consultants and or Facilitators).
On motion of Mr. Clark, second by Mr. Troy and all
members voting aye Agenda No.16 became
Resolution No. 349-07 Amend Budget
Mental Health Department (NYS Office of Alcoholism & Substance Abuse
Services).
On motion of Mr. Clark, second by Mr. Cornell and all
members voting aye Agenda No.17 became
Resolution No. 350-07 Authorize
Agreements Mental Health Department (Several Agencies, Departments, Etc.).
On motion of Mr. Clark, second by Mr. Armstrong Agenda No. 18 was introduced. The Clerk told legislators there is an amended version on their desks as Resolution 207-06 had already authorized Mr. McNeilly. Ms. Breed made a motion to amend the resolution to include account numbers and include a “not to exceed $31,500”. Second was made by Ms. Tytler and all voting aye. Mr. Schrader provided account nos. Adopted by all members voting aye, Agenda No. 18 became Resolution No. 351-07 Authorize Agreement Mental Health Department (Mental Health Services) as amended.
Mr. Williams said he recalled at the last meeting a request was made of Mr. Schrader to provide the amount that we spend on outside auditors and asked if it is available. Mr. Schrader said he is still working on it. Mr. Williams asked when can we expect to get it. Mr. Schrader said at Budget and Finance next month.
On motion of Mr. Clark, second by Mr. McKee and all members voting aye Agenda No.19 became Resolution No. 352-07 Authorize Agreement Mental Health Department
(Intensive Case Management).
On motion of Mr. Tagliente, second by Ms. Price and all members voting aye Agenda No.20 became Resolution No. 353-07 Authorize Supplemental Agreement/Verizon
Page Green Road P.I.N. – 3753.50.
On motion of Mr. Tagliente, second by Mr. Daniels and all
members voting aye Agenda No.21 became
Resolution No. 354-07 Authorize
Agreement/Environmental Monitoring
Highway
Department/ Landfill.
On motion of Mr. Tagliente, second by Mr. Troy Agenda No.22 was introduced. Ms. Tytler repeated her belief that the County should be hiring persons with disabilities to do this job. All members voting aye, Agenda No. 22 became Resolution No. 355-07 Authorize Agreement Recycling/Highway Department J.M. Murray Center-Recycling Sorting Services.
On motion of Ms Price, second by Mr. Cornell and all members voting aye Agenda No.23 became Resolution No. 356-07 Authorize Agreements Area Agency on Aging
(Several Agencies, Departments, Etc.).
On motion of Ms Price, second by Mr. Troy and all members
voting aye Agenda No.24 became
Resolution No. 357-07 Authorize
Execution of Agreement between New York State Department of Labor and Cortland
County.
On motion of Ms Price, second by Mr. Cornell and all members voting aye Agenda No.25 became Resolution No. 358-07 Authorize Agreements Department of Social Services (Day Care Services).
On motion of Ms Price, second by Mr. Spaulding and all members voting aye Agenda No.26 became Resolution No. 359-07 Authorize Agreements Department of Social Services (Foster Care).
On motion of Ms Price, second by Mr. Troy and all members voting aye Agenda No.27 became Resolution No. 360-07 Authorize Agreements Department of Social Services
(Several Agencies, Departments, Etc.).
On motion of Ms Price, second by Mr. Spaulding and all members voting aye Agenda No.28 became Resolution No. 361-07 Authorize Agreements Department of Social Services (Work Experience Work Sites)
On motion of Ms. Price, second by Mr. Cornell Agenda No. 29 was introduced. The Clerk told legislators there was an amended version on their desks. Amended version adopted by all members voting aye, Agenda No. 29 became Resolution No. 362-07 Accept Grant/Amend Budget/Authorize Agreement Youth Bureau
(A Partnership for Youth- WIA Grant Award).
On motion of Mr. Daniels, second by Mr. Clark and all
members voting aye Agenda No.30 became
Resolution No. 363-07 Authorize
Agreement/Amend Budget Child Passenger Safety Program Sheriff's Department.
On motion of Mr. Cornell, second by Mr. Clark and all members voting aye Agenda No.31 became Resolution No. 364-07 Approve Cooperative Grant Submission
Cortland County/ City of Cortland Mobile Shelving Unit at Records Center.
On motion of Mr. Cornell, second by Mr. Clark and all members voting aye Agenda No.32 became Resolution No. 365-07 Create Temporary Motor Equipment Operator
Highway Department.
On motion of Mr. Cornell, second by Ms. Price and all
members voting aye Agenda No.33 became
Resolution No. 366-07 Authorize
Agreements Personnel/Civil Service
(Several
Agencies).
On motion of Mr. Cornell, second by Mr. Troy Agenda No.
34 was introduced. Mr. Armstrong noted that the title should be corrected to
2008. All members voting aye Agenda No.34 became Resolution No. 367-07 Amend
Management/Management Confidential Comp Policy Grade and Step Schedule for
2008.
On motion of Mr. Cornell, second by Mr. Clark and all
members voting aye Agenda No.35 became
Resolution No. 368-07 Revise Self
Insurance Rates - Cortland County
Employees’
Health Benefits Program.
On motion of Mr. Cornell, second by Mr. Armstrong Agenda No. 36 was introduced.
Mr. Schrader noted that a resolution was missing from the agenda. Chairman Brown called for a 5 minute recess at 6:50 PM.
Meeting reconvened at 6:55 PM. A roll call vote was taken on Agenda No. 36 as follows: Mr. Armstrong-yes, Ms. Breed-yes, Mr. Clark-no, Mr. Cornell-yes, Mr. Dafoe-no, Mr. Daniels-yes, Mr. Hartnett-no, Mr. McKee-yes, Ms. Price-no, Mr. Ross-yes, Mr. Spaulding-no, Mr. Steger-yes, Mr. Tagliente-yes, Mr. Troy-no, Ms. Tytler-no, Mr. VanDee-yes, Mr. Willcox-absent, Mr. Williams-yes, Ms. Brown-no. Chairman Brown said that Local Law #2 for 2007 A Local Law setting the Salary of Election Commissioners for Cortland County in compliance with Election Law 3-208 passed.
The Clerk said that a resolution passed in Personnel Committee was inadvertently omitted from the agenda and distributed resolutions to all legislators. On motion of Ms. Breed to suspend the rules to consider the resolution was seconded by Mr. Troy, all members voted aye. On motion of Mr. Cornell, second by Ms. Price the resolution was introduced. Mr. Cornell asked if this included non-members. Mr. Schrader answered that anyone eligible can participate. Mr. VanDee asked if the union is in favor of this. Mr. Schrader said that it was a union proposal. All members voting aye the resolution became Resolution No. 369-07 Authorizing an Agreement with CSEA Strategic Benefit Trust for the Provision of an Alternative Prescription Drug Program under the Cortland County Health Plan.
Agenda No. 37 was not considered due to the vote on Agenda No. 36.
The Chairman asked for announcements.
Ms. Breed said that she agrees with Mr. Chapman’s editorial in the Cortland Standard referring to the “Chairmissioners” and the Attorney General’s Opinion that makes it clear that the only thing that keeps our Legislature from banning the dual role is their will to make decisions based on public interest rather than party politics. We need to address our Code of Ethics to address the issue and not allow the practice. Chairman Brown said her request should be taken up in Personnel Committee in December. Mr. Williams said for the record Personnel tabled this at their last meeting to discuss in December. Chairman Brown said that the Committee did not have the Attorney General opinion then and now gives more teeth to address the issue. Mr. VanDonsel said that he requested from the Attorney General’s Office a package of their resolutions and discussion and he will have that ready for Mr. Cornell in December.
Mr. Williams continued his request regarding the whole auditing situation. Mr. Williams said he estimates that the County has spent in the neighborhood of ¼ million dollars for auditing services yet a simple request by the Chairman could not be completed. Chairman Brown said she didn’t request it within a month but we will get to that. Mr. Williams attempted to read from the minutes of the last meeting. Chairman Brown said she was not interested in the minutes and assured Mr. Williams that Mr. Schrader will report to Budget & Finance in December.
Meeting adjourned at 7:02.
Minutes prepared by Susan Morgan, Clerk