Cortland County Legislature

March 27, 2008 – 6PM

Approved Minutes

 

Meeting was called to order at 6:04 PM by Chairman Daniels followed by the Salute to the Flag.

The Clerk took Roll Call with all members recorded as present except Mr. Williams recorded as absent.

The minutes of the February 28, 2008 Regular Meeting were unanimously approved.

 

PRIVILEGE OF THE FLOOR

Jim Dempsey, Director of Cortland County Convention & Visitors Bureau distributed handouts to legislators describing the overview of the agency. He said that the goal is to bring new monies from out of town for planned events. He described their partners, markets, advertising and funding. He concluded with statistics that the local tourism industry employs 1,107 people, generates 41 million dollars in direct sales and 11 million dollars in taxes (including sales, property and occupancy taxes). He asked for questions. Ms. Arnold asked how one gets to be on the list as a tour attraction as Labrador is part of her district. Mr. Dempsey said that Labrador opted not to participate this year. She asked if that was due to money. Mr. Dempsey answered no, it is their decision and we will go back to them next year. He added that Song Mountain opted out also as they determined that Syracuse was the market they were looking for. Ms. Tytler asked if the refurbishing of the restrooms at the Pavilion had any impact on attendance at the Park. Mr. Dempsey deferred that question to Kirby Thompson however he did say that the elevator installation has attracted a larger senior group to the CRT program.

Tom Gillson, IDA/BDC Director and David Bottar, Executive Director CNY Regional Planning Board presented a proposal on behalf of the IDA/BDC. They distributed an outline for the project to all legislators. The proposal asks that legislators commit 1.2 million dollars in an interest free loan for the Finger Lakes East Business Park in South Cortland . They told legislators that the federal Economic Development Administration has received preliminary approval of a $2million grant and that Sen. James Seward has been asked to secure a requested $500,000 from the state budget. Also another $433,000 grant from the federal Environmental Protection Agency and $4000.00 from the Town of Cortlandville for water and sewer line extension are in progress. This is for Phase 1 and includes 127-acre parcel of land owned by Mr. Osbeck, located on Route 13 near Monarch that we have had a two-year option on that runs out in June. The IDA/BDC will be responsible for the ownership and operation of the park with the assistance of the CNY Regional Planning and Development Board. Phase 1 expects 10-15 building sites to be developed for a ten-year period to consist of light manufacturing, research and development, warehouse distribution and office space. The projection is to generate approximately 450,000 square feet of new building space, $60 million in capital investments and 1,250 jobs. Mr. Gillson said they need to close on the property or we will loose the 2 million and other grants. Ms. Tytler asked about the status of other parks in the State. Mr. Bottar said that in Cayuga County there is the Auburn Technical Park that is less than 100 acres and fully occupied. They are looking to acquire additional land. Also the Aurileus Park developed within the past 5 years and is similar size to ours, presently has only one tenant. There are parks in Madison County : the Trush Industrial Business Park (privately owned but received public monies) that is occupied in all developable areas and Canastota Park that sat dormant for a year or two but now is 75% occupied.

In Oswego County there is the Oswego Industrial Park in the Town of Schroeppel that is 50-60% occupied but they have limitation of sewage treatment capacity. There is also a smaller one in the City of Oswego (about 50 acres) that has 2 tenants at the present time. In Onondaga County the poster child Hancock Park sat dormant for a number of years and then took off to nearly full capacity at present. There are mostly private parks in Onondaga and they are fully developed.

Mr. Gillson said we have a lot of land that developers are not interested in as they don’t have the infrastructure to support development and that they want to build quickly so they look elsewhere. Ms. Wilcox asked why this site is attractive to develop. Mr. Gillson said it the physical location between Syracuse and Ithaca (universities) that other communities don’t have. It has a close proximity to Lime Hollow Nature Center keeping a buffer and unique marketing opportunity with their trails.

Ms. Price asked why would we want to tie up 1.2 million dollars for a period of time, how long can we expect that money to be tied up and will we be the first to paid. Mr. Gillson said depending on the sale of the lots, the county will be paid proportionately from the investment. The reason to want this is that we need good paying jobs in this County. He added that he has had 5 inquiries since January for sites. The County has a very small inventory of properties and this opens a new opportunity that if we had at least one would be interested and we would be in the ballpark. He added that the Buckbee Mears site is not even a reality for marketing due to the clean up effort and the Riverside Investment group is looking at primarily retail attraction. Our focus is commercial, industrial and providing good paying jobs.

Mr. Willcox said he was confused as the amount requested in Budget and Finance Committee was $800,000 to be taken from the fund balance and now it is 1.2 million and we are talking about a loan. Mr. Schrader said we have always been talking about a loan. The one thing that this document does not take into account is the funding request from Senator Seward. Mr. Gillson explained that it wasn’t included as there is no firm commitment due to issues at the State level so they left it out. He added that he believes they will eventually get that money. He added that there are still other avenues to pursue. Danny Ross has stated there may be $150,000 grant available after property is purchased from ARC. Mr. Gillson said that Mayor Gallagher and he have requested an audience with Governor Patterson and he will be asking the Governor for more funds for this project. He said the worst-case scenario is that we get what we ask for and possibly put up a spec building to accommodate easy access to a sale when opportunity knocks.

Ms. Wilcox recapped the funding commitments for the project asking if we are assured that we will get the 2 million from the EDA. Mr. Gillson said we will receive that money as well as the $43,000 from the EPA. Mr. Bottar said that the way the EDA works is there is a pre-application process that has been completed and if they like the project they reserve the funds and invite a final application that will be submitted next Monday. Those funds will be available by June of this year. He said he is involved with 2-3 EDA projects a year and very familiar with their process. He added that no County funds will be drawn down until the financing is in place. Ms. Wilcox said that only $600,000 will be needed by June to complete the finances then. Mr. Bottar said that when the EDA does a project they consider it their project and we have to administer according to their regulations. The reason is that in the past EDA would fund projects and they would be abandoned, therefore we will not get $1 from them until the money is in place for the project.

Mr. Willcox asked if the Town of Cortlandville contribution will be cash or in-kind. Mr. Bottar answered that it is considered to be a forced account and must be cash. Ms. Tytler asked what type of interest would we be sacrificing by giving this money. Mr. Schrader said he is unsure of the present interest rate bearing on our accounts but predicted it to be between 2-4%. Ms. Tytler asked if there is a reason not to extend the June option. Mr. Bottar said the original negotiations were difficult and he doesn’t believe they would be renewed and the cost of purchase would increase. He added that the expectations from the EDA and EPA are that the County moves forward on this project. Ms. Tytler asked if we could split the option by purchasing only half of the property. Mr. Bottar said our present option is 127 acres and that is our focus.

Mr. Tagliente asked if road extensions are for the whole project. Mr. Bottar said that the road, sewer and water are for Phase 1 only. Mr. Hartnett asked if they would be coming back and asking for more funding if this all happens. Mr. Bottar said it would be wonderful if that happens. Mr. Waldbauer said he recognized that no one has a crystal ball however how long will this project take to complete and how long will it take before the County is repaid. Mr. Bottar said they anticipate getting the money in place this year and do design work in the Fall and Winter. They are looking at 2009 to let bids, begin construction and commence marketing hopefully seeing tenants in 2010. He said his experience has shown that it takes 1-2 years for the market to catch up and in 4-5 years the project normally picks up significantly. Much depends on the economy so we predict a 10 year time frame.

Mr. Loomis asked if there has been interest from businesses to build. Mr. Gillman referred to the last 5 inquiries he has received for shovel ready sites, 3 of which requested existing buildings. If we had the infrastructure in place we could have responded to at least one inquiry and been in their final site process. He added that he has talked to Essex Steel as well as scheduled talks with National Grid and NYSEG for their cooperation with the project. National Grid has money available for Parks and willing to help with expenses. Mr. Loomis asked if our Planning Department has been involved especially with any impact on the aquifer. Mr. Dineen, Planning Director, said they have been involved throughout the project. He said that the project is located over the aquifer but is not contributory to the water supply. Mr. Bottar said there has been a full impact statement completed re: SEQR process. Mr. Loomis referred to the South end connection and asked if they plan on upgrading that intersection. Mr. Bottar said they have met with State DOT and if Phase 2 commences then that intersection will need to be addressed. Mr. Loomis said he does not see any engineering fees listed. Mr. Bottar said they are built into the projected costs.

Mr. Troy said the committee (Budget & Finance) had a concern that once the project is up and running that we only get local businesses moving in. Mr. Gillman said that the intent is to attract new business however if a local business is looking to grow and expand in size and jobs we will take a look at that. Ms. Wilcox asked if the current road coming in from Route 13 is going all the way to lots 7, 8 and 9 to Gracie Road . Mr. Gillman answered no as we do not own the Gutchess property. Mr. Bottar referred to the map and said it will go to lots 2,3,4,5 and 6 then below to 23, 22, 21 and 20 and includes only the Osbeck property. Mr. Willcox asked Mr. Schrader if we encumber the taxpayers with 1.2 million dollars how will that affect our bond rating. Mr. Schrader said there will be no impact on our ability to borrow or interest rates as this is a loan. If this was a grant then it would. Mr. Willcox asked what secures the loan. Mr. Schrader said that the land becomes the asset. Mr. Bottar added that the value of the land will increase with water, sewer and road development.

Mr. Tagliente asked if the 60 million is for the whole project. Mr. Bottar said it is just for Phase 1. Mrs. Wilcox asked how many other counties have given you a no interest loan. Mr. Bottar said that in Cayuga County the IDA had surplus funds and funded from their own cash. At the Canastota Park the Village of Canastota provided a cash deal. In Oswego and Onondaga the money was lent to the IDA at no interest.

Ms. Tyler asked for the County Administrator and County Attorney ’s opinion on the project. Mr. Schrader sited his similar experience in Montgomery County and that Beech Nut is just moving in for full occupancy after 6 years. He said that if we don’t have a shovel ready site, the chances of the IDA attracting new business here is slim to none. You need to have infrastructure in place to attract business. Because this is a loan it is the most comfortable way for the County to do this. He said he feels that we must support economic development beyond what the IDA has previously done as well as be patient for the pay back. He said if we were to buy the 127 acres at $9,600 per acre for 1.2 million it is a steal and we will be paid back even if we factored in the interest. County Attorney Suben said the question is one of policy rather than legal but he thinks it is a forward movement for the County.

Ms. Tytler questioned whether the property located across from Homer High School was originally earmarked to be a Technology Park . Mr. Gillson was unsure of the history of that but remembered when he was working for the State that a grant was provided to develop and they went out of business. He said there were other parcels to be developed on a smaller scale. Mr. Bottar added that property was privately owned and the owner was unwilling to accept the covenants imposed so there was no support to expand the project.

Mr. Gillson concluded the presentation thanking legislators for the opportunity to present the project, stating that he is available to answer individual questions as they arise anytime.

Chairman Daniels declared a five-minute recess at the request of Mr. Spaulding at 7:09 PM. Meeting reconvened at 7:17 PM.

PROCLAMATIONS & RECOGNITIONS

The Clerk read the Proclamation recognizing Public Health Week as April 7 – 13, 2008. Chairman Daniels presented the Proclamation to Jackie Gailor, Public Health Director. Ms. Gailor thanked legislators and requested they watch the newspaper on April 7^th for further information

The Clerk read the Proclamation recognizing Agriculture Appreciation Day as April 1, 2008. Chairman Daniels presented the Proclamation to Amanda Barber who asked all to take the day to reflect on the impact that agriculture and farmers have on our daily lives.

PRESENTATION OF PETITIONS, COMMUNICATIONS AND NOTICES

RECEIVE AND FILE REPORTS OF STANDING, SPECIAL AND ADHOC COMMITTEES

2007 Sheriff Department Annual Report was unanimously received and filed.

The Clerk announced that all legislators have received this evening a letter to Legislators from the County Administrator regarding status of River trail funding and he has requested that it be received and filed. The letter was unanimously received and filed.

ARTICLES POSTPONED TO DAY CERTAIN

UNFINISHED BUSINESS

On motion of Mr. Daniels, second by Mr. Troy Agenda No.1 was introduced. Ms. Wilcox thanked Chairman Daniels for rethinking these appointments. She questioned why Mayor Gallagher is not an ex-officio, non-voting member and why one person was selected to serve on the IDA Board and the Empire Board as there are other CPA and financial individuals in the community. Mr. Daniels said he cannot answer the question regarding the status of Mr. Gallagher’s membership and voting power as that needs to be addressed by the IDA Board. He said that can be asked of the IDA Board in the future. Mr. Ross said he has checked to see if there was any conflict of interest regarding the duplication of membership and has been advised there is no conflict and in many ways it could be viewed as a benefit. Ms. Wilcox said she wasn’t concerned about a conflict merely adding another community financial member. Ms. Price added her thanks to the Chairman for his thoughtful consideration of board members and also to Mr. Harrington and Mr. Compagni for their service on the Board. She also welcomed new members Mr. Finamore and Ms. Marsted. With all members voting aye, except Ms. Wilcox voting nay Agenda No. 1 became Resolution No. 84-08 Appoint Members Industrial Development Agency Board of Directors.

On motion of Mr. Daniels, second by Mr. Cornell and all members voting aye except Mr. Dafoe, Mr. Hartnett, Mr. Tagliente and Ms. Wilcox, Agenda No. 2 became Resolution No. 85-08 Appoint Members Empire Zone Administrative Board.

On motion of Mr. Daniels, second by Mr. Troy Agenda No. 3 was introduced. Mr. Spaulding said it was his opinion that the Chairman should not nominate himself for appointments and that this appointment should be selected from the Judiciary/Public Safety membership. With all members voting aye except Mr. Dafoe, Mr. Hartnett, Mr. Spaulding and Mr. Tagliente Agenda No. 3 became Resolution No. 86-08 Appoint Member Law Library Board of Trustees.

On motion of Mr. Daniels, second by Mr. Cornell Agenda No. 4 was introduced. Ms. Tytler thanked Ms. Price for her service as liaison and for her generosity of deferring to Mr. Troy on this appointment. With all members voting aye, Agenda No. 4 became Resolution No. 87-08 Appoint Cortland County Liaison TC-3 Board of Trustees.

On motion of Mr. Daniels, second by Ms. Price and all members voting aye Agenda No. 5 became Resolution No. 88-08 Re-Appoint Members Region 7 Fish and Wildlife Management Board.

On motion of Mr. Daniels, second by Mr. Cornell and all members voting aye Agenda No. 6 became Resolution No. 89-08 Appoint Member Cortland County Traffic Safety Board.

On motion of Mr. Daniels, second by Mr. Troy and all members voting aye except Mr. Dafoe and Mr. Tagliente Agenda No. 7 became Resolution No. 90-08 Appoint Members Records Management Advisory Board.

On motion of Mr. Daniels, second by Ms. Price and all members voting aye Agenda No. 8 became Resolution No. 91-08 Appoint/Reappoint Members Community Services Board Mental Health.

On motion of Mr. Daniels, second by Mr. McKee Agenda No. 9 was introduced. Ms. Tytler stated that she enjoyed serving on the Community Services Board and that the board will be in good hands with Mr. Piombo and Ms. Wilcox. With all members voting aye Agenda No. 9 became Resolution No. 92-08 Reappoint Members Mental Health Subcommittee of the Community Services Board.

On motion of Mr. Daniels, second by Ms. Price and all members voting aye Agenda No. 10 became Resolution No. 93-08 Reappoint Member MR/DD Subcommittee of the Community Services Board.

On motion of Mr. Loomis, second by Mr. Spaulding and all members voting aye Agenda No. 11 became Resolution No. 94-08 Grant Authority to Charge Fees, Establish Fee Schedule for Examination of Non-commercial Devices Department of Weights & Measures.

RESOLUTIONS

On motion of Mr. Daniels, second by Mr. Cornell Agenda No. 12 was introduced. Mr. Schrader reminded legislators that if it were not for mandates passed down from the state we could cut our budget by 83%, emphasizing that is what state mandates cost County taxpayers. With all members voting aye Agenda No. 12 became Resolution No. 95-08 Resolution Calling On The Governor And State Legislature To End The Practice Of Passing Costs For State Programs To County Governments And Our Property Taxpayers.

On motion of Mr. Daniels, second by Mr. Troy and all members voting aye Agenda No. 13 became Resolution No. 96-08 Resolution Urging the State Legislature to Oppose the Proposed Shift Of 100 Percent Of The Cost Of Juvenile Detention Facilities to Counties. 

On motion of Mr. Daniels, second by Mr. Spaulding and all members voting aye Agenda No. 14 became Resolution No. 97-08 Resolution Urging the State Legislature to Oppose the Proposed Shift of the State’s Historic Share Of Public Assistance To Counties.

On motion of Mr. Daniels, second by Mr. Spaulding and all members voting aye Agenda No. 15 became Resolution No. 98-08 Appoint Member Board of Directors Finger Lakes Tourism Alliance.

Agenda No. 16 was pulled by Chairman Daniels Re-Appoint Legislative Representatives to the Occupancy Tax Allocation Committee, to review possibility of adding more legislators.

On motion of Mr. Troy, second by Ms. Price and all members voting aye Agenda No. 17 became Resolution No. 99-08 Authorize Payment Tompkins Cortland Community College (Operating Budget 2007-2008).

On motion of Mr. Loomis, second by Mr. Spaulding Agenda No. 18 was introduced. Mr. Loomis asked that Mr. Schrader provide the balance sheet of that account to the next General Services Committee meeting. Mr. Schrader asked if that was the building improvement fund and Mr. Loomis answered yes. With all members voting aye Agenda No. 18 became Resolution No. 100-08 Amend 2008 Budget Buildings and Grounds (Reappropriation of Emergency Generator Funds From Prior Year).

On motion of Mr. Loomis, second by Mr. Troy and all members voting aye Agenda No. 19 became Resolution No. 101-08 Accept Proposal/Authorize Agreement ABJ Fire Protection Co. Buildings & Grounds.

On motion of Mr. Loomis, second by Ms. Price and all members voting aye Agenda No. 20 became Resolution No. 102-08 Authorizing Specialized Services Agreement Area Agency on Aging Feasibility Study.

On motion of Ms. Tytler, second by Mr. Cornell and all members voting aye Agenda No. 21 became Resolution No. 103-08 Authorize Agreements/Accept Funds Health Department/ Jacobus Center for Reproductive Health (State Grant).

On motion of Ms. Tytler, second by Mr. Cornell and all members voting aye Agenda No. 22 became Resolution No. 104-08 Authorize Agreements/Accept Funds Health Department/Administration Susan B. Komen Breast Cancer Grant.

On motion of Ms. Tytler, second by Mr. Spaulding and all members voting aye Agenda No. 23 became Resolution No. 105-08 Authorize Agreement, Mental Health Department (Preferred Provider Agreements).

Mr. McKee pulled Agenda No. 24 Award 100 LL Aviation Gasoline Bid Highway Department after confusion and discussion on the price of fuel not being within the limits of the bid price stated in the resolution. Mr. McKee asked if we are out of gas at the airport. Mr. Schrader said he will take care of that.

On motion of Mr. McKee, second by Mr. Cornell and all members voting aye except Mr. Dafoe voting nay, Agenda No. 25 became Resolution No. 106-08 Award Construction Contract – 10-bay T Hangar Bldg. Cortland County Airport – Chase Field Highway Department.

On motion of Mr. McKee, second by Mr. Spaulding Agenda No 26 was introduced. Ms. Wilcox said that it appears that the third listed was the low bidder. Mr. Schrader said that they did not meet the specification of the bid due to the requirement they provide a bucket truck. Mr. Willcox stated that they have done considerable work for other municipalities so why don’t they meet our specifications. Mr. Schrader said it was due to the bid specifications requiring a bucket truck. With all members voting aye Agenda No. 26 became Resolution No. 107-08 Award Highway Bid Tree Removal Service Highway Department.

On motion of Mr. McKee, second by Mr. Troy and all members voting aye Agenda No. 27 became Resolution No. 108-08 Authorize Highway Equipment – One (1) Excavator Mounted Mulcher Highway Department/Solid Waste.

On motion of Mr. McKee, second by Mr. Ross Agenda No 28 was introduced. Ms. Price asked if this is going to create a safety issue by not repairing this until spring. Mr. Schrader said that we made corrective actions last year to bring the porch to a semblance of code and allows it to be occupied. Mr. Willcox questioned whether we will rebid. Mr. Schrader said that the Committee has considered to possibly do this work in-house however if they choose to go back out to bid that will be their call. Ms. Wilcox asked what the cost is to do this in-house opposed to bid. Mr. Schrader said that notwithstanding lead abatement that would be required, the engineering estimate for this was $75,000.  Ms. Wilcox questioned that figure when the estimate just for steel was $109,000. Mr. Schrader said that was the contractor’s estimate that may have to be adjusted based upon the market value of steel. Mr. Schrader asked Mr. Buerkle when that estimate was given. Mr. Buerkle answered December of 2007. Ms. Wilcox questioned our ability to do this in-house. Mr. Schrader said that if we can build bridges, we can build a porch. Mr. Willcox asked if we would be following the same specifications. Mr. Schrader deferred the question to engineers at the highway department however he believed that we would be following the same specs. Mr. Loomis asked where the funding is coming from for the project. Mr. Schrader said that we budgeted $135,000 under Buildings and Grounds expense for Dwyer Park. Anything more would have to come from contingency or fund balance. Additionally, the $135,000 includes the porch repair plus painting. With all members voting aye and Ms. Wilcox voting nay Agenda No. 28 became Resolution No. 109-08 Reject Highway Bid Dwyer Park Pavilion Second Floor Porch and Open Stair Framing Repairs Highway Department.

On motion of Ms. Price, second by Mr. Troy and all members voting aye Agenda No. 29 became Resolution No. 110-08 Accept Bids/Authorize Purchase Area Agency on Aging/Nutrition Miscellaneous Groceries and Frozen Foods.

On motion of Ms. Price, second by Mr. McKee and all members voting aye Agenda No. 30 became Resolution No. 111-08 Authorize Agreement/ Amend Budget between CNY Works, Inc. and Department of E&T Grant Administration (On behalf of Cayuga-Cortland Workforce Investment Board).

On motion of Ms. Price, second by Mr. Spaulding and all members voting aye Agenda No. 31 became Resolution No. 112-08 Amend Budget Department of E&T Grant Administration WIA Incentive Award.

On motion of Ms. Price, second by Mr. Troy Agenda No 32 was introduced. Ms. Price thanked Mr. Finch for his generosity. With all members voting aye Agenda No. 32 became Resolution No. 113-08 Accept Grant/Amend Budget/Authorize Agreement

Youth Bureau (Member Item Grant).

On motion of Mr. Waldbauer, second by Mr. Cornell and all members voting aye Agenda No. 33 became Resolution No. 114-08 Renew Contract Fire & Emergency Management

National Incident Management System (NIMS) Compliance Consultant.

On motion of Mr. Waldbauer, second by Ms. Price and all members voting aye Agenda No. 34 became Resolution No. 115-08 Amend 2008 Budget Fire & Emergency Management (Hazard Mitigation Grant Program Project # 1650-0002 – FY’07).

On motion of Mr. Waldbauer, second by Mr. Troy and all members voting aye Agenda No. 35 became Resolution No. 116-08 Amend 2008 Budget Fire & Emergency Management Technical Equipment – 2006 Preparedness Grant.

On motion of Mr. Waldbauer, second by Mr. Cornell and all members voting aye Agenda No. 36 became Resolution No. 117-08 Amend 2008 Budget Fire & Emergency Management (Division of Criminal Justices Services – WMD Grant – FY’06).

Mr. Waldbauer pulled Agenda No. 37 Discontinue Monitoring Alarms Sheriff's Department.

On motion of Mr. Cornell, second by Mr. Spaulding and all members voting aye Agenda No. 38 became Resolution No. 118-08 Amend Agreement/Amend Budget Cortland County Chamber of Commerce.

On motion of Mr. Ross, second by Ms. Price Agenda No 39 was introduced. Mr. Ross pointed out that there is a local share of $58,460 that will be picked up by First Transit. With all members voting aye Agenda No. 39 became Resolution No. 119-08 Authorize Chairman To Sign Agreement/Amend 2008 Budget Planning Department (Federal Section 5311 Transit Capital Equipment Project).

ANNOUNCEMENTS

Mr. Troy said that the Code of Ethics Sub-committee meets on April 3^rd at 8:30 AM and welcomed all to attend.

Ms. Price announced that the CCTVS meeting will commence directly following this meeting.

Mr. Cornell invited everyone to attend the Marathon Maple Festival in 2 weeks.

Meeting adjourned at 7:50 PM.

Minutes prepared by Susan Morgan, Clerk

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