Cortland County Legislature

April 24, 2008 – 6PM

Approved Minutes

 

 

PROCLAMATIONS & RECOGNITIONS

The Clerk read the Proclamation recognizing the Willet Fire Department’s 100^th Anniversary. Mr. McKee presented the Proclamation to Mary Yarns and Ted Kemak stating that he and Sandy Price attended the 100-year anniversary dinner last Saturday. Ms. Price added that all the reflections on the 100 years of volunteer service was remarkable and congratulated the Town of Willet for their dedicated fire department.

The Clerk read the Proclamation declaring April 27 thru May 4^th Soil & Water as Stewardship Week. Mr. Ross presented the Proclamation to Melanie Dewey.

The Clerk read the Proclamation declaring May 4 thru 10 as Water Week. Mr. Ross presented the Proclamation to Melanie Dewey, thanking the Soil and Water District for all they do for the Towns, Villages and City with flood issues

The Clerk read the Proclamation declaring May 2008 - Foster Care Month. Ms. Price presented the Proclamation to Kristen Monroe, Director of Social Services who thanked legislators for recognizing our foster parents. She said we presently have 80 children in local foster care service. Ms. Monroe introduced foster parents Rick and Lorraine Barber who have been certified since 2003. They have three children of their own, have adopted four children and currently have four foster care children. Ms. Price said she has known Lorraine all her life and commended her for the wonderful job that they do. She reminded legislators of the Foster Care Dinner tomorrow night. Lorraine thanked legislators for all their support and added that Ms. Price has been and still is her mentor.

The Clerk read the Proclamation declaring May 6 – 12 as National Nurses Week. Ms. Tytler presented the Proclamation to Dori Church , Director of Patient Services who in turn thanked legislators for the support for all the good work that they do. Ms. Tytler said that her mother is a retired nurse and noted the drastic change in complexity in the nursing field over the years.

The Clerk read the Proclamation to Cover Cortland's Children. Ms. Price said that it is a thrill to be a partner with the faith community to make sure that children get health care insurance. She presented the Proclamation to Jo Caratelli and Mary Lee Martin. Ms. Caratelli thanked legislators on behalf of MICAH that you are concerned for this vulnerable population. She said there will be a Fair on May 3^rd and asked all to attend to show how we all want to work together. She gave additional thanks to Scott Schrader and Sandy Price for their help.

 

RESOLUTIONS

On motion of Mr. Daniels, second by Mr. Troy and all members voting aye, Agenda No. 1 became Resolution No. 120-08 Appoint Members Cortland County Emergency Medical Services Advisory Board.

On motion of Mr. Daniels, second by Mr. Cornell and all members voting aye and Mr. Dafoe, Mr. Hartnett and Mr. Tagliente voting nay, Agenda No. 2 became Resolution No. 121-08 Appoint/Reappoint Members Cortland County Planning Board.

On motion of Mr. Daniels, second by Mr. Cornell Agenda No. 3 was introduced. Ms. Tytler had questions with the previous map and asked Mr. Gillson to present an updated version to legislators. Mr. Gillson distributed revised maps and explained the new coding defining the Osbeck, Gutchess and surrounding properties. Ms. Wilcox asked if the access road runs through the two parcels that the Osbecks are retaining. Mr. Gillson answered yes, from Route 13. Ms. Wilcox asked if this will be part of the deeded property. Mr. Gillson replied yes. Ms. Wilcox referred to the blue line next to Monarch and asked if that was the access road you anticipate getting from Monarch. Mr. Gillson responded yes. Mr. Ross expressed his concern with the access road being difficult for the Essex Steel trucks and asked that it be moved west to the property line. Mr. Bottar said there is an engineer drawing that shows access drives directly on the access road as shown and they are pursing that issue with State DOT. Mr. Schrader referred to the Mortgage Loan Agreement placed on the desks of legislators, and his concern on page 3 that the IDA receive a commitment letter from Monarch on the access road. He said they are still working on that agreement before any money changes hands. He pointed out that the agreement does not include that request due to concerns of the Finance Committee. His other concern is found on page 8 under Payment. He added this recommended section to include that if the property has not been sold and the loan not paid off in ten years that full payment will be due to the County. Mr. Willcox asked if it will be proportional to the County. Mr. Schrader answered proportional with the Town of Cortlandville . Mr. Willcox asked if the County will be number one. Mr. Schrader said in talks with the County Attorney that remains to be seen. Mr. Suben said that is due to the fact that he has heard nothing from the Town of Cortlandville . Mr. Gillson explained that what transpires next is the IDA Council representative, Mr. Sidd will work with counsel from Cortlandville to insure proportional payment. Mr. Suben requested the opportunity to be present on those negotiations. Mr. Dafoe questioned how we can pass this resolution with unseen and unwritten conditions. Mr. Schrader said that regarding the access road that is up to the committee. Regarding the 2/3-1/3, this conversation shows the intent to payback. If there are deviations then the County Attorney and I will be back to you. Mr. Dafoe asked if we should be voting on something that is not in writing. Mr. Gillson said that the Town of Cortlandville has not engaged with us, as this resolution has not passed the legislature. If it passes then we will take the next step of the attorneys getting together. If Mr. Suben as your representative does not agree then this goes nowhere. Mr. Dafoe repeated that there is nothing in writing to vote on tonight. Ms. Tytler disagreed saying that the intent is clear and she is comfortable moving ahead with this. Mr. Schrader added that he didn’t believe the County Auditor would cut a check until an agreement has been established that we are talking about tonight. The draft agreement in front of you is the best information we have right now. When it is ready for signature it better have proportional language or I will not sign it. I would like a commitment from Monarch but that has been recommended against in committee. Mr. Willcox asked when our commitment runs out. Mr. Gillson answered June 30, 2008. Mr. Waldbauer asked if Mr. Schrader’s conditions have any adverse effects on the IDA. Mr. Gillson said that the IDA is in agreement with all the County has presented. Ms. Wilcox questioned which document is the loan agreement. Mr. Schrader said the one marked draft in the background is the current document. Mr. Willcox asked if this goes through then the IDA will not be asking for more money. Mr. Gillson said that is correct. Mr. Hartnett stated he did not understand why the access road was taken out of the agreement. Mr. Bottar said the language in the agreement insists that everything be in place for this to move forward including umbrella agreements. Ms. Wilcox asked if C is included with B in the contract. Mr. Suben said according to Mr. Gillson and Mr. Bottar this project cannot move forward without the access road so they are on record saying that C is included with B. He added that it is not his intention to bind the hands of the negotiating process. Mr. Schrader said he is not comfortable if that is the only obstacle under B that remains. He said he is uncomfortable not approving the transfer to IDA because the committee has expressly decided to this legislature that they do not want this as a condition to this loan. Ms. Tytler said that the concern of the committee was that it would tie their hands to work out the best agreement for the County. Ms. Arnold added that there was also a concern as to the timeline and deadline of the closing. Mr. Gillson stated that if the resolution passes tonight it gives us several weeks to finalize the deal. Mr. Ross questioned if we have conveyed that Lime Hollow is protected. Mr. Gillson said not through the deed but assurances that we will be a good neighbor. Mr. Schrader added that the DEC will not allow us to touch it. Mr. Willcox asked why we are playing games with this investment group. Mr. Gillson said there are no games only dialog and negotiations to work this out. Mr. Schrader said that without the access road and access to the back lots, I don’t see us giving the money and the project is dead. I don’t see why the investment group cannot give us a letter of commitment by the end of June. A roll call vote was taken with all members voting aye except Mr. Dafoe voting nay, Agenda No. 3 became Resolution No. 122-08 Authorization of Funding Advance Finger Lakes East Business Park.

Ms. Price made a motion to suspend the rules to introduce a resolution requested by Mr. Daniels, second by Mr. Troy and all members voting aye. On motion of Mr. Daniels, second by Mr. Troy and all members voting aye resolution Authorizing Payment of Closing Expenses for the Purchase of Property and in Settlement of Claims became Resolution No. 123-08.

On motion of Mr. Troy, second by Ms. Price and all members voting aye, Agenda No. 4 became Resolution No. 124-08 Authorize Payment Treasurer’s Office (Surplus Sales Tax).

On motion of Mr. Troy, second by Ms. Price and all members voting aye, Agenda No. 5 became Resolution No. 125-08 Amend Budget Transfer to Capital Projects Treasurer’s Office.

On motion of Mr. Troy, second by Mr. Cornell and all members voting aye, Agenda No. 6 became Resolution No. 126-08 Amend Budget Sales Tax Treasurer’s Office.

On motion of Mr. Loomis, second by Mr. McKee and all members voting aye, Agenda No. 7 became Resolution No. 127-08 Authorize Agreement Simplex Grinnell LP/Fire Alarm Service

Buildings and Grounds Department.

On motion of Mr. Loomis, second by Mr. Troy Agenda No. 8 was introduced.  Ms. Tytler stated that the 2007 Ad Hoc Committee recommended that all documents be provided to the County in PDF format. Mr. Schrader said that we have a survey on this property on PDF form and we are doing that as part of our administrative policy and I can include it in the letter of commitment to this firm. Ms. Tytler added that a statement be included for follow up sessions for public forums. Mr. Schrader said he is sure they will do that at no cost and will also include it in the letter of commitment. Mr. Spaulding asked if the Port Watson address was correct. Mr. Schrader stated that the parcel is on the tax rolls as Port Watson however when sub division takes place it will formally be changed to River Street . With all members voting aye, Agenda No. 8 became Resolution No. 128-08 Authorizing Specialized Services Agreement Department of Motor Vehicles Schematic Design.

On motion of Mr. McKee, second by Mr. Cornell Agenda No. 9 was introduced.  Ms. Tytler said she has had constituent concerns as to why we are not going wireless and will the system be outdated. Mr. Schrader said regarding wireless it is a security issue and fiber is the fastest and best technology out there. Rob Corpora, Information Technology Director said that security is the big factor and the other is speed. Our topography is not conducive to wireless as it needs clear line of site. Fiber gives us many more opportunities to consolidate telephone and data services. He said they are putting in more than what we need but not more than what we will use in the future. Ms. Tytler asked if he could explain speed. Mr. Corpora gave the example of the highway department that is now very slow and cannot transfer files now. What takes 5 minutes now will be done in seconds and increase productivity. Mr. Loomis asked for clarification with the cost and payback as he believes that it was reported incorrectly in the newspaper. Mr. Corpora said that as we replace phone systems over to fiber it cuts down on the local calls between the County Office Building and other departments, eliminating lines at remote sites. He said the saving could be from $2,500 to $3,000 per month. Mr. Tagliente said that firm selected just on their initial bid are leaving $50,000 on the table; are we sure they will fulfill the contract. Mr. Corpora said this is the same firm that was used by Schuyler County and came with rave reviews on their work. Ms. Wilcox noted that the Moose building is included and was unaware that we have decided to use that building as yet. Mr. Loomis said that they will be doing this project in phases starting with the highway department then working their way through other buildings. His committee has asked for periodic updates. Mr. Corpora said that the Moose is on our way to Cortlandville and we will not connect unless we need to. Mr. Loomis made a friendly amendment to the resolution to change the not to exceed about to $139,243 to match the authorized amount. Mr. Schrader said that is a ballpark figure, not a hard and fast number. He said that it is up to the legislature however and if we need more money we will come back to you. With all members voting aye and Mr. Dafoe voting nay, Agenda No. 9 became Resolution No.129-08 Award Information Technology RFP Amend Budget Outside plant Fiber Optic Infrastructure Information Technology as amended.

On motion of Ms. Tytler, second by Mr. Troy and all members voting aye, Agenda No. 10 became Resolution No. 130-08 Authorize Agreements Health Department/Children with Special Needs Program (Contracts for Services).

On motion of Ms. Tytler, second by Ms. Price and all members voting aye, Agenda No. 11 became Resolution No. 131-08 Authorize Agreements/Accept Funds Health Department/Administration Cancer Services Program.

On motion of Ms. Tytler, second by Mr. Spaulding and all members voting aye, Agenda No. 12 became Resolution No. 132-08 Amend 2008 Budget Health Department/Nursing Division (Professional Services/Nursing Fees).

On motion of Ms. Tytler, second by Mr. Troy and all members voting aye, Agenda No. 13 became Resolution No. 133-08 Authorize Agreements/Accept Funds Health Dept./Environmental Health Drinking Water Program.

On motion of Ms. Tytler, second by Mr. Cornell and all members voting aye, Agenda No. 14 became Resolution No. 134-08 Amend Budget Mental Health Department (Catholic Charities).

Ms. Tytler made a motion to suspend the rules to introduce a resolution, second by Mr. Troy and all members voting aye. Ms. Tytler clarified the reason for the resolution was because a contract between TLC and Cortland County Hospice had lapsed and Mr. Suben worked out a new agreement and payment of back bills. On motion of Ms. Tytler, second by Mr. Troy and all members voting aye resolution Authorize Agreements Health Department/Hospice (Program Services) became Resolution No. 135-08.

On motion of Mr. McKee, second by Mr. Spaulding and all members voting aye, Agenda No. 15 became Resolution No. 136-08 Authorize Project and Accept NY State Aviation Grant to Design and Construct Airport Parking Lot Security Lighting during 2008 Cortland County Airport Highway Department.

On motion of Mr. McKee, second by Mr. Steger and all members voting aye, Agenda No. 16 became Resolution No. 137-08 Award 100 LL Aviation Gasoline Bid Highway Department.

On motion of Mr. McKee, second by Mr. Cornell and all members voting aye, Agenda No. 17 became Resolution No. 138-08 Approve Contract For Engineering Replacement of Jennings Creek Road Bridge (C.R. 136) P.I.N. – 3754.31, B.I.N. – 3361530.

On motion of Mr. McKee, second by Ms. Price and all members voting aye, Agenda No. 18 became Resolution No. 139-08 Award Highway Equipment – One (1) Hydraulic Detachable Gooseneck Trailer Highway Department.

On motion of Mr. McKee, second by Mr. Troy  and all members voting aye, Agenda No. 19  became Resolution No. 140-08 Award Bids Highway Department.

On motion of Mr. McKee, second by Mr. Cornell and all members voting aye, Agenda No. 20 became Resolution No. 141-08 Award Bids Highway Department.

On motion of Ms. Price, second by Mr. Spaulding and all members voting aye, Agenda No. 21 became Resolution No. 142-08 Abolish/Create Area Agency on Aging Temporary Part-Time Secretary I/Permanent Part-Time Secretary I.

On motion of Ms. Price, second by Mr. Spaulding and all members voting aye, Agenda No. 22  became Resolution No. 143-08 Authorize Agreement Area Agency on Aging (StafKings Healthcare Systems, Inc.).

On motion of Ms. Price, second by Mr. Troy and all members voting aye, Agenda No. 23 became Resolution No. 144-08 Authorize Agreement Employment and Training Department

Cayuga-Cortland Workforce Investment Board (WIB) and The Chief Elected Officials of Cayuga and Cortland Counties .

On motion of Ms. Price, second by Mr. Cornell and all members voting aye, Agenda No. 24 became Resolution No. 145-08 Authorize Workforce Investment Area (WIA) Local Plan Modification for Program Year 2008-2009 for WIA Title I-B and Wagner Peyser Program Employment and Training Grant Administration Department.

On motion of Ms. Price, second by Mr. Spaulding and all members voting aye, Agenda No. 25 became Resolution No. 146-08 Authorize Agreement Department of Social Services (StafKings Healthcare Systems, Inc.).

On motion of Ms. Price, second by Mr. Troy and all members voting aye, Agenda No. 26 became Resolution No. 147-08 Authorize Agreement Youth Bureau (Bus Lease – Cincinnatus Central School District ).

On motion of Mr. Williams, second by Mr. Cornell and all members voting aye, Agenda No. 27 became Resolution No. 148-08 Authorize Agreement Sheriff's Department/Jail (K&A Radiologic Technology Services, Inc.).

On motion of Mr. Williams, second by Mr. Spaulding and all members voting aye, Agenda No. 28  became Resolution No. 149-08 Amend and Update Agreements Alternatives to Incarceration

(NYS Division of Probation and Correctional Alternatives).

On motion of Mr. Williams, second by Mr. Troy and all members voting aye, Agenda No. 29 became Resolution No. 150-08 A Resolution Requesting New York State Representatives To Sponsor Legislation Authorizing Counties to Create the Office of Conflict Attorney.

On motion of Mr. Cornell, second by Mr. Spaulding and all members voting aye, Agenda No. 30 became Resolution No. 151-08 Adoption of Changes to the Rules of Order Cortland County Legislature.

On motion of Mr. Ross, second by Ms. Price Agenda No. 31 was introduced. Mr. Willcox asked if the State had withdrawn funding. Mr. Schrader said that the state is historically late in giving this money and that this is a resolution amending the budget to allocate the funds. With all members voting aye, Agenda No. 31 became Resolution No. 152-08 Amend 2008 Budget Planning Department Snowmobile Trail Development and Maintenance Grant.

On motion of Mr. Ross, second by Mr. Troy and all members voting aye, Agenda No. 32 became Resolution No. 153-08 Amend 2008 Budget Planning Department (5311 STOA Program).

On motion of Mr. Ross, second by Mr. McKee and all members voting aye, Agenda No. 33 became Resolution No. 154-08 Amend 2008 Budget (Reappropriation of Drainage Study Along

Otter Creek at State Route 281 Funds).

Mr. Daniels stated that Mr. Schrader has requested an executive session to discuss negotiations. He further stated there will be no further business after executive session. On motion of Mr. Williams, second by Ms. Wilcox and all members voting aye, the Legislature moved into Executive Session to discuss negotiations at 7:14 PM.

Meeting commenced and adjourned at 7:55 PM.

Minutes prepared by Susan Morgan, Clerk

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