January
3, 2008 – 6PM
Biennial
Organizational Meeting
Meeting was called to order at 6:04 PM by Susan Morgan, Clerk of the Legislature followed by the Salute to the Flag.
The Clerk took Roll Call with all members recorded as present as follows:
LD #1 John Troy, 29 Summit Street, Cortland, New York
LD #2 Anthony Piombo, 132 North Main Street, Cortland, New York
LD #3 Carol Tytler, 9 Stevenson Street, Cortland, New York
LD #4 Thomas Hartnett, 19 Pearl Street, Cortland, New York
LD #5 Kathryn Wilcox, 62 Church Street, Cortland, New York
LD #6 Donal Spaulding, 33 Charles Street, Cortland, New York
LD #7 Daniel Tagliente, 70 Pomeroy Street, Cortland, New York
LD #8 Chad Loomis, 73 Church Street, Cortland, New York
LD #9 Newell Willcox, 5448 State Route 281, Homer, New York
LD#10 Thomas Williams, 2 Bedford Drive, Homer, New York
LD#11 Steve Dafoe, 28 Clinton Street, Homer, New York
LD#12 Danny Ross, PO Box 242, McGraw, New York
LD#13 Eugene Waldbauer, 1204 Starr Road, Cortland, New York
LD#14 John Daniels, 4084 Highland Road, Cortland, New York
LD#15 John Steger, 7506 Friendly Lane, Tully, New York
LD#16 Kathie Arnold, 3175 State Route 13, Truxton, New York
LD#17 Michael McKee, 3111 Route 26, Cincinnatus, New York
LD#18 Larry Cornell, 3333 Zelsnack Road, Marathon, New York
LD#19 Sandy Price, 1189 Church Street, Cortland, New York
The minutes of December 20, 2007 Regular Session were unanimously approved.
No one signed up for Privilege of the Floor
RECEIVE AND FILE REPORTS OF STANDING, SPECIAL AND ADHOC COMMITTEES
The Clerk told legislators that the 2008 Adopted Budget on the Agenda was not available because the County Administrator has been sick.
Recommendations from the County Administrator for Auditor, Director of Veterans Services, Public Defender and County Historian appointments were received and filed.
Election of Office of Majority Leader was presented to the Clerk designating Sandra Price as Majority Leader. Ms. Price thanked her party for their vote of confidence and said she hoped she meets their expectations. The County Clerk swore in the Majority Leader.
Recommendation of Election of
Office of Majority Leader was received and files.
Election of Office of Minority Leader was not available.
RESOLUTIONS
The Clerk asked that persons making nominations for Chairman of the Legislature to please raise their hand to be recognized. On the motion of Mr. Tagliente, second by Mr. Spaulding, Ms. Tytler was nominated. On the motion of Mr. Loomis, second by Mr. Ross, Mr. Daniels was nominated. On the motion of Mr. Cornell, second by Mr. McKee, Mr. Steger was nominated. With no further nominations the Clerk said that nominations are closed and proceeded with a roll call vote for Ms. Tytler with Ms. Arnold, Mr. Dafoe, Mr. Hartnett, Ms. Price, Mr. Spaulding, Mr. Tagliente, Mr. Troy, Ms. Tytler voting aye and Mr. Cornell, Mr. Daniels, Mr. Loomis, Mr. McKee, Mr. Piombo, Mr. Ross, Mr. Steger, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox, and Mr. Williams voting nay. Motion failed.
The nomination for Mr. Daniels proceeded with a roll call vote with Mr. Daniels, Mr. Loomis, Mr. Ross, Ms. Wilcox, Mr. Willcox and Mr. Williams voting aye and Ms. Arnold, Mr. Cornell, Mr. Dafoe, Mr. Hartnett, Mr. McKee, Mr. Piombo, Ms. Price, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Tytler and Mr. Waldbauer voting nay. Motion failed.
The nomination for Mr. Steger proceeded with a roll call vote with Mr. Cornell, Mr. McKee, Mr. Piombo, Mr. Ross, Mr. Steger, Mr. Tagliente, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox voting aye and Ms. Arnold, Mr. Dafoe, Mr. Daniels, Mr. Hartnett, Mr. Loomis, Ms. Price, Mr. Spaulding, Mr. Troy, Ms. Tytler, and Mr. Williams voting nay. Motion failed.
Mr. Tagliente called for a recess at 6:14 PM. Meeting resumed at 6:30 PM.
The Clerk asked for further nominations for Chairman of the Legislature. On the motion of Mr. Tagliente, second by Mr. Hartnett, Ms. Tytler was nominated. Ms. Price stated that to this point the Legislature has been unable to select a Chairman and asked the County Attorney what the procedure is. Mr. VanDonsel said it is your pleasure to continue unless you fail. If you are unable to choose today then you may recess the meeting to a date on or before February 1. If a selection is not made prior to that then the appointment falls into the hands of the County Clerk. Ms. Wilcox asked that if we are unable to determine a Chairman do we continue with the agenda items. Mr. VanDonsel answered that is the pleasure of the Legislature. On the motion of Mr. Loomis, second by Mr. Ross, Mr. Daniels was nominated.
With no further nominations the Clerk proceeded with a roll call vote on the nomination of Ms. Tytler with Ms. Arnold, Mr. Dafoe, Mr. Hartnett, Ms. Price, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Tytler voting aye and Mr. Cornell, Mr. Daniels, Mr. Loomis, Mr. McKee, Mr. Piombo, Mr. Ross, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox and Mr. Williams voting nay. Motion failed.
The nomination of Mr. Daniels proceeded with a roll call vote with Mr. Cornell, Mr. Daniels, Mr. Loomis, Mr. McKee, Mr. Ross, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox, Mr. Williams voting aye and Ms. Arnold, Mr. Dafoe, Mr. Hartnett, Mr. Piombo, Ms. Price, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Tytler voting nay. Mr. Schrader announced that the total vote was 23,148 and needs 24,300 to pass. Ms. Tytler received 23,127.
Mr. Tagliente moved to recess this meeting to next Tuesday at 7 PM. Second was made by Mr. Spaulding. Ms. Price asked for discussion on whether to proceed with other business before recessing. Mr. Tagliente said he was not in favor of that. The Clerk restated the motion and proceeded with a roll call vote requested by Mr. Williams with Ms. Arnold, Mr. Cornell, Mr. Dafoe, Mr. Hartnett, Mr. Piombo, Mr. Spaulding, Mr. Tagliente, Ms. Tytler voting aye and Mr. Daniels, Mr. Loomis, Mr. McKee, Ms. Price, Mr. Ross, Mr. Steger, Mr. Troy, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox and Mr. Williams voting nay. Motion failed.
Mr. Williams called for a 10 minute recess at 6:40 PM. Meeting resumed at 6:55 PM.
The Clerk asked for further nominations for the Chairman. Ms. Wilcox nominated Mr. Daniels, second by Mr. Ross. Mr. Hartnett nominated Ms. Tytler, second by Mr. Spaulding. With no further nominations the Clerk called for a roll call vote for Mr. Daniels with Ms. Arnold, Mr. Cornell, Mr. Daniels, Mr. Loomis, Mr. McKee, Mr. Piombo, Mr. Ross, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox, Mr. Williams voting aye and Mr. Dafoe, Mr. Hartnett, Ms. Price, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy and Ms. Tytler voting nay. Motion carried. Ms. Arnold asked to reconsider her vote. Mr. VanDonsel said she could, as Mr. Daniels had not yet been sworn in. Mr. Schrader said that changing her vote would not change the outcome. Ms. Arnold remained with her original vote. John Daniels was sworn in as Chairman of the Cortland County Legislature by the County Clerk and took his place at the podium. Agenda No. 1 became Resolution No. 01-08 Selecting Chairman of the County Legislature and Setting Official Understanding.
On motion of Mr. Spaulding, second by Mr. Cornell, Susan Morgan was nominated to continue as Clerk of the Legislature. With no further nominations and all members voting aye Agenda No. 2 became Resolution No. 02-08 Appoint Clerk of the County Legislature. Susan Morgan was sworn in by the County Clerk, thanked everyone for his or her support and resumed her place at the podium.
The Chairman asked for nominations for County Attorney. Mr. Spaulding nominated Mark Suben, second by Mr. Hartnett. With no further nominations, and adopted by all members voting aye, Agenda No. 3 became Resolution No. 03-08 Appointment County Attorney. Mark Suben was sworn in by the County Clerk and took his place at the podium.
On motion of Mr. Troy, second by Ms. Price Agenda No 4 was introduced. Mr. Williams made a motion that this be tabled for a month due to the confusion with the job description and what the Auditor does. Mr. Willcox seconded motion. Mr. Williams referred to County Law and the evaluation prepared by the County Administrator stating that Mr. Whitt has served as the key staff administrator to two previous Chairs. He said he is not looking at getting rid of anyone, just a definition of what this position does and if he is working out of title, review the position, create the proper title that embraces what he actually does. He requested that the Personnel Officer review the position and report back to us in a month. Mr. Troy said that was addressed in caucus and these issues need to be addressed through the Personnel Committee to insure the job description comes in line with exactly what he does. He said that Mr. Whitt has done a fine job for the County and it is important to move forward with the appointment. Mr. Williams asked Mr. Suben in light of County Law 600, can we change that position after appointment is made under our term of the legislature. Mr. Suben said it depends on what you mean by change. I don’t think you can change the duties but believe you can limit what type audits are made rather than change it to a non-audit position. Mr. Williams said that he believes much of what he does now is non-audit and we need to look at what he does and align his job description with reality. Mr. Tagliente said the reality is that somebody has been doing the audits and Mr. Whitt does the internal audits. Mr. Tagliente further said that we can procrastinate on this forever and if there is an axe to grind so be it. Mr. Waldbauer said that he is new to the legislature however has heard Mr. Whitt performs duties unrelated to his job description and may do it well, however believes what is being discussed is that it should be incorporated into his duties and responsibilities. Mr. Schrader said that any office of the County is going to have duties and responsibilities assigned by the legislature. If you want the County Auditor to just focus on financial matters, that is your prerogative. Ms. Wilcox asked if we can also rein him in to do just the job of County Auditor. Mr. Schrader said absolutely, his duties and responsibilities are outlined in the law and you can restrict anything outside of that. Mr. Willcox read from the evaluation that the Auditor’s job description under typical work activity “is to provide to the County Administrator and Legislature copies of all reports”. In the 4 years that I have been here I can remember 3 at the very most. Mr. Schrader said he was surprised because there were instances where Mr. Willcox met with Mr. Whitt to perform an audit of the Sheriff Department vehicle repair work. Mr. Willcox said that is one. Mr. Schrader said there are numerous instances of that type that have occurred. There have been departmental audits conducted by the state and reports have been generated to the legislature. The single audit is another instance where much work was done by Mr. Whitt to generate the report to the legislature. Mr. Williams again referred to County Law 600 and asked Mr. Suben if he thinks that we have the ability to have this position do whatever we assign. Mr. Suben said he appreciated the opportunity to correct his prior advice. After rereading County Law and hearing Mr. Schrader’s view, the law’s wording states “in such other matter as may be deemed appropriate”. It seems that clause would give you the opportunity to define additional duties (in addition to audits) that you deem proper. A roll call vote to table the appointment was taken with Ms. Arnold, Mr. Ross, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox, Mr. Williams voting aye and Mr. Cornell, Mr. Dafoe, Mr. Daniels, Mr. Hartnett, Mr. Loomis, Mr. McKee, Mr. Piombo, Ms. Price, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Tytler, voting nay. Motion defeated. The Chairman called for a roll call vote on the appointment of Mr. Whitt with all members voting aye. Agenda No 4 became Resolution No. 04-08 Appointment County Auditor.
On motion of Mr.
Tagliente, second by Mr. Troy and all members voting aye Agenda No. 5 became Resolution
No. 05-08 Appointment Veterans
Service Officer.
On motion of Mr.
Cornell, second by Mr. Ross and all members voting aye Agenda No. 6 became Resolution
No. 06-08 Appointment Public
Defender.
On motion of Mr.
Cornell, second by Mr. Troy and all members voting aye Agenda No. 7 became Resolution
No. 07-08 Appointment County
Historian.
On motion of Mr. Tagliente, second by Mr. Spaulding and all members voting aye Agenda No. 8 became Resolution No. 08-08 Designate Official Newspaper.
On motion of Ms. Price, second by Mr. Cornell and all members voting aye Agenda No. 9 became Resolution No. 09-08 Designation of Depositories.
On motion of Mr. Troy, second by Ms. Price and all members voting aye Agenda No. 10 became Resolution No. 10-08 Authorizing Procurement of Property and Casualty Insurance.
On motion of Mr. Cornell, second by Ms. Price and all members voting aye Agenda No. 11 became Resolution No. 11-08 Adoption of Rules of Order Cortland County Legislature.
Meeting was adjourned at 7:20 PM.
Minutes prepared by Susan Morgan, Clerk