Approved Minutes of Legislative Session: May 25, 2006 6 PM Meeting  

Meeting was called to order at 6:12 PM by Chairman Brown followed by the Salute to the Flag.

Roll Call was taken by the Clerk with all members recorded as present.

The minutes of April 27, 2006 Legislative Meeting were unanimously approved.

The Chairman introduced Cindy Grey from the Zero Adolescent Pregnancy Program stating that as part of their ZAPELLA celebration each year they sponsor a coloring contest in the Cortland County area schools. Ms. Grey explained that there were over 600 entries this year and that local artist, Jim Coon was the judge. The winners of the ZAP Coloring Contest were announced by Cindy Grey, ZAP Coordinator, and presented to the students by their legislative representative as follows:

Kindergarten-Barry School: Jon Frederick presented by Kay Breed,

First Grade- McGraw Elementary: Alex Duff presented by John Daniels,

Second Grade- Randall School: Nicholas Cobane presented by Ron VanDee,

Third Grade- Homer Intermediate: Matt Suits presented by Tom Williams,

Fourth Grade- Virgil Elementary: Kalee Walden (absent) legislator Sandy Price

Fifth Grade- Randall School: Vadim Sheuchuk presented by Ron Van Dee,

Sixth Grade- Cincinnatus Elementary: Shannon Buckley (absent) legislator Danny Ross.

The Clerk declaring June 2006 as “Parents that Host-Lose the Most- Don’t be a party to teenage drinking” month read a Proclamation.  Chairman Brown asked Marilyn Wilbur, Project Coordinator and Joan Stivers, Vice-President of the “The Cortland Area Communities that Care” committee to the podium stating that the Cortland County Legislature fully support their efforts in this area.  Ms. Price stated that John Norris from McGraw School was going to be present to read a poem regarding the heartbreak of underage drinking but due to illness in the family was unable to join her. She said that if anyone gets a chance to hear his moving presentation in the next month to listen carefully.

Chairman Brown introduced Robert Gardner, Executive Director and Richard Shay, Board Member of Family Counseling Services of Cortland County who requested Privilege of the Floor. Mr. Shay gave the background of the organization that started when he was Family Court Judge. The County received a Ford Foundation Grant of $25,000 and trained 108 volunteers in the first year. The Grant specified that the program solicit community support to continue and they received money from the J. M. McDonald Foundation and the Laura Bush Estate as well as office space from St. Mary’s and the Cortland Housing Authority along with many other cooperative agencies. The results of the program reduced Family Court cases and Juvenile placements by 50 per cent earning the award in 1974 as the best Volunteer Counseling Service in New York State. Mr. Gardner continued that the demand for services later exceeded the capabilities of the volunteer core and they now have 17 professional counselors (in addition to volunteers)  in Marriage and Family, Alcohol Drug Treatment  and Mental Health component programs. He thanked the legislature for their time and support of the agency and offered to answer any questions.

On the motion of Ms. Price, second by Mr. Armstrong, Mortgage Tax Report- Treasurer’s Office was received and filed.

On the motion of Ms. Price, second by Mr. Troy and all members voting aye, one special article was moved to the floor for consideration.

On the motion of Ms. Brown, second by Ms. Price and adopted by all members voting aye, Ms. Breed voting nay, Special Article No. 1 became Resolution No. 198-06: Authorize Agreement/Amend Budget Cortland County (Homer-Cortland Community Agency, Inc.).

On the motion of Ms. Brown, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 1 became Resolution No. 199-06: Appoint Member Industrial Development Agency Board of Directors.

On the motion of Ms. Brown, second by Ms. Price and adopted by all members voting aye, Agenda No. 2 became Resolution No. 200-06: Appoint/Reappoint Members

Cortland County Planning Board.

On the motion of Mr. VanDee, second by Ms. Breed and adopted by all members voting aye, Agenda No. 3 became Resolution No. 201-06: Authorize Public Hearing Tompkins Cortland Community College (2006-2007 Operating Budget).

On the motion of Mr. VanDee, second by Mr. Williams and adopted by all members voting aye, Agenda No. 4 became Resolution No. 202-06: Amend Resolution 10-06

Designation of Depositories Treasurer's Office.

On the motion of Mr. VanDee, second by Mr. Troy and adopted by all members voting aye, Agenda No. 5 became Resolution No. 203-06: Authorize Tax Collectors To Accept Partial Payments in Bankruptcy Matters.

On the motion of Mr. VanDee, second by Ms. Breed  and adopted by all members voting aye, Agenda No. 6 became Resolution No. 204-06: Authorize Apportionment of Mortgage Tax Monies Treasurer’s Office.

On the motion of Mr. VanDee, second by Ms. Breed  and adopted by all members voting aye, Agenda No. 7 became Resolution No. 205-06: Authorize Agreement/Amend Budget Traffic Safety Corridor Enforcement Program Sheriff's Department.

On the motion of Mr. VanDee, second by Ms. Price, Agenda No. 8 was introduced. Ms. Breed stated that it was difficult to vote on this resolution when it was only received five minutes before session.  Chairman Brown offered to go into Executive Session to answer questions/concerns that Ms. Breed may have, as the contract was only approved last night by the Nurses. Ms. Breed said that her only point was that the information was not given to them in a timely matter. Ms. Price commended the work of Annette Barber and Mr. Schrader especially since they are also working on three other contracts. She emphasized the importance of having this contract to compensate our hard working nurses and attract/retain new staff.  Mr. Willcox asked Mr. Schrader if this amounted to a twenty-five percent increase in Personnel costs. Mr. Schrader responded, over the length of the contract, yes.  Adopted by all members voting aye, Agenda No. 8 became Resolution No. 206-06: Approve Agreement Between the County of Cortland and The New York State Nurse’s Association Effective 1/1/06 to 12/31/08.

On the motion of Mr. VanDee, second by Mr. Troy, Agenda No. 9 was introduced. Ms. Breed asked if we solicited a Request for Proposals. The Chairman questioned if she had asked for one. Ms. Breed responded, yes, last year. The Chairman stated that Ms. Breed did not come up with a scope of services to do a RFP. Ms. Breed replied that she had requested the RFP due to the audit issues raised by the State Comptroller. She further stated that the resolution calls for the auditor to report to Mr. Schrader rather than directly to the Legislature, another criticism by the Comptroller’s report. Additionally, this resolution is a 3 year contract binding future legislators, an issue that has been discussed in the past. The Chairman said that Mr. Schrader is the liaison and reports to us on a regular basis. Ms. Breed responded that it was not stated that way in the resolution. Mr. Schrader said that the resolution states that the auditor report to the Legislature, not him. If the resolution does not pass tonight, the County will have to go for a RFP after the committee drafts a scope of services. Mr. Schrader stated it was his recommendation, along with the Budget and Finance Committee that given this auditor’s experience with this County that we continue Mr. McNeilly’s contract, otherwise we will incur a 25 to 30 % increase. Ms. Breed asked how could she feel comfortable with an auditor who has not provided acceptable reports in the past. Mr. VanDee stated that this conversation has gotten out of hand. Mr. Williams interjected his new running tally on outside auditors to be $36,500. Mr. VanDee and Mr. Willcox asked where we were last year, at this time. Mr. Schrader said he could get them that information.  Mr. Clark asked Mr. Schrader how many auditors are available for this type of audit. Mr. Schrader replied that regarding single audits there are many firms. If the County chooses to consolidate, as has been discussed in the past, we will be losing significant expertise in specialized areas and would limit the number of firms that could provide the services needed to about 3 big firms, increase county cost and still not have the expertise in Medicare/Medicaid reimbursements. Adopted by all members voting aye except Ms. Breed, Mr. Williams and Mr. Willcox voting nay, Agenda No. 9 became Resolution No. 207-06: Authorize Agreement For Cortland County Audits For Years Ending 12/31/2006, 12/31/2007 and 12/31/2008.

On the motion of Mr. VanDee and Mr. Daniels, second by Mr. Cornell, Agenda No. 10 was introduced. Mr. Daniels stated that the DOT has turned down this request and based upon the research of the Cortland Traffic Safety Board it is necessary to pursue this further, hopefully to save lives in this area. Adopted by all members voting aye, Agenda No. 10 became Resolution No. 208-06: In Support of A “No Turn On Red” Sign

At The Intersection Of Tompkins Street & McLean Road.

On the motion of Mr. Dafoe, second by Mr. Armstrong, Agenda No. 11 was introduced. Ms. Breed asked if we would be using blueprints provided by Bell & Spina or start all over.  Mr. Schrader responded there are no blueprints, per se, just a conceptual schematic drafted by Bell & Spina that may or may not be used. It all depends on the State Historic Preservation Office input. Ms. Breed questioned what we are getting for $390,000. Mr. Schrader said that this is the full project, all six phases paid in proportional share. The term of the contract is on going unless or until the Legislature says stop. The first phase is the entrance ramp and as the State Court System approves we will move on to the next phase. This covers the design and construction drawings, any required meetings, contracts and bidding documents and review and construction management and inspection services.  Mr. McKee inquired what the reimbursement would be from the Court System. Mr. Schrader answered that it would depend on the phase. Any phase that involves the Court System itself could be 80 to 100% reimbursable. Phase one, is at about 50%.  Mr. Willcox asked if there will be a Clerk of the Works to oversee the County’s interest. Mr. Schrader said that it is anticipated that Buildings and Grounds, the Safety Office and the engineer from the Highway Department will perform that function. Mr. Willcox then asked who will approve any change orders. Mr. Schrader said his office will be doing that. Adopted by all members voting aye, Agenda No. 11 became Resolution No. 209-06: Authorize Architect/Engineering Agreement County Courthouse Renovation Project.

On the motion of Mr. Clark, second by Mr. VanDee, Agenda No. 12 was introduced. Ms. Breed objected to the resolution as it is binding over for future legislatures and questioned the legality of that. Mr. Schrader said that he believes the wording, given the language allowing 60 days notice to terminate in the contracts satisfies the law, however he referred the question to the County Attorney who responded that it was fine with him. Adopted by all members voting aye, Agenda No. 12 became Resolution No. 210-06:

Authorize Agreements Health Department/Children with Special Needs Program

(Contracts for Services).

On the motion of Mr. Clark, second by Mr. Cornell, Agenda No. 13 was introduced. Ms. Breed asked if Mr. Venesky is the only available provider. Mr. Schrader stated that he is not the only provider however, he is the premier expert in New York State.  Mr. Williams interjected that his new calculation on outside auditors is now $59,430. Mr. Armstrong asked if information can be provided comparing the cost of this year versus last. Mr. Schrader said yes. Ms. Breed added that the question is, are we paying more this year than last? Mr. Schrader offered a simplistic analogy as it regards the topic of consolidation of auditors: you probably wouldn’t go to a general practitioner if you needed cardiac surgery. He continued saying that this auditor knows more about Medicare and Medicaid reimbursements and that our needs do not blend well with consolidation of auditors. Adopted by all members voting aye, Mr. Williams voting nay, Agenda No. 13 became Resolution No. 211-06:  Authorize Agreement Cortland County Health Department/Nursing Division Jack Venesky, CPA.

On the motion of Mr. Clark, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 14 became Resolution No. 212-06: Authorize Agreement/Accept Funds Health Department Central NY Regional Immunization Information System.

 On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting aye, Agenda No. 15 became Resolution No. 213-06:  Authorize Agreements/Accept Funds Health Department/Administration Cancer Services Program.

On the motion of Mr. Clark, second by Ms. Breed and adopted by all members voting aye, Agenda No. 16 became Resolution No. 214-06: Authorize Agreements/Accept Funds Health Dept./Environmental Health Drinking Water Program.

On the motion of Mr. Clark, second by Mr. Armstrong, Agenda No. 17 was introduced. Mr. Willcox asked why the amount last year was $25,000. and this is $5,000. Mr. Schrader answered that it was a combination of things. The figure is based upon experience. If we have no West Nile cases then we do not larvacide. Last year we had one case. Mr. Willcox asked what amount is in the budget. Mr. Schrader said $5,000. Mr. Clark commented that Onondaga County already has reported one case of a crow with West Nile, indicating that we will most likely be using this money. Adopted by all members voting aye, Agenda No. 17 became Resolution No. 215-06: Authorize Agreement Health Department/Environmental Health Pesticide Applications for mosquito/larva control.

On the motion of Mr. Clark, second by Mr. Troy and adopted by all members voting aye, Agenda No. 18 became Resolution No. 216-06: Authorize Contracts Health Department (Translation Services).

On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 19 became Resolution No. 217-06: Amend Budget/Transfer Funds Highway Department.

On the motion of Mr. Tagliente, second by Mr. Cornell, Agenda No. 20 was introduced. Ms. Breed suggested that the title should be clearer to reflect this is for Starr Road. The Chairman reminded her that the resolution states that it is for Starr Road. Adopted by all members voting aye, Agenda No. 20 became Resolution No. 218-06:Transfer Funds Highway Department.

On the motion of Mr. Tagliente, second by Mr. Steger and adopted by all members voting aye, Agenda No. 21 became Resolution No. 219-06: Amend Budget/Transfer Funds Highway Department.

On the motion of Mr. Tagliente, second by Mr. Cornell, Agenda No. 22 was introduced. Mr. Williams asked if it was typical that there was only one bidder. Mr. Tagliente said that on this we only received one bid. Mr. Williams asked if there was any effort to tag team with towns/villages for this specialized equipment. Mr. Schrader explained that our bids and contracts allow locals to piggyback on our pricing. Ms. Price said that historically we have had out of state bidders but it is important that we do this. Adopted by all members voting aye, Agenda No. 22 became Resolution No. 220-06: Award Highway Bid Painting Traffic Lines Highway Department.

On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 23 became Resolution No. 221-06: Award Highway Bid Supply and Installation of Steel H-Piling and Steel Sheet Piling Highway Department.

On the motion of Mr. Tagliente, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 24 became Resolution No. 222-06: Award Highway Bid-Supply, Fabrication and Installation of Galvanized Steel Reinforcing Bars Highway Department.

On the motion of Mr. Tagliente, second by Mr. Armstrong, Agenda No. 25 was introduced. Ms. Breed asked what is the term of the contract. Mr. Schrader answered one year. Ms. Breed asked for the account number; Mr. Schrader said it is a revenue account.  Adopted by all members voting aye, Agenda No. 25 became Resolution No. 223-06: Award Highway Bid Metal Object Removal Highway Department/Recycling.

On the motion of Mr. Tagliente, second by Mr. Cornell, Agenda No. 26 was introduced.

Mr. Willcox asked if the County is handling leachate. Mr. Schrader responded yes. Mr. Willcox asked if this is done on Sunday. Mr. Schrader said yes, that is when we receive the complaints. Mr. Willcox questioned the overtime. Mr. Schrader said it is at time and one half. Adopted by all members voting aye, Agenda No. 26 became Resolution No. 224-06: Abolish/Create Highway Department Landfill Equipment Operator/Heavy Equipment Operator.

On the motion of Ms. Price, second by Mr. Troy and adopted by all members voting aye, Agenda No. 27 became Resolution No. 225-06: Amend Budget Department of Employment and Training (Title V-Senior Community Services Employment Program).

On the motion of Ms. Price, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 28 became Resolution No. 226-06: Amend Budget/Amend Contract Area Agency on Aging (Office of Employment and Training).

On the motion of Ms. Price, second by Mr. Troy, Agenda No. 29 was introduced. Ms. Breed asked why this jumped two grades. Mr. Schrader said that based on the information he received, that reorganization is anticipated in the Temporary Assistance Program in Case Management. Due to the duties and responsibilities being assigned it is appropriate to reallocate the position to a higher grade. Ms.Breed asked if we will be using existing staff to which Mr. Schrader said basically yes; what is contemplated is if this goes as planned then one position could be eliminated. Adopted by all members voting aye, Agenda No. 29 became Resolution No. 227-06: Abolish/Create

Social Welfare Examiner Trainee/Senior Social Welfare Examiner.

On the motion of Ms. Price, second by Mr. Troy and adopted by all members voting aye, Agenda No. 30 became Resolution No. 228-06: Amend Budget Department of Social Services (Transfer).

On the motion of Ms. Price, second by Mr. Armstrong, Agenda No. 31 was introduced.

Ms. Breed said she was concerned with the overtime although understands the issues, then asked what can we anticipate for the rest of the year. Mr. Schrader said that this resolution should take care of the rest of the year although he too is concerned. There has been a shortage of staff and increased caseloads. Adopted by all members voting aye, Agenda No. 31 became Resolution No. 229-06: Amend Budget-Department of Social Services (Transfer).

On the motion of Ms. Price, second by Mr. Troy, Agenda No. 32 was introduced. Ms. Breed said that assuming this was caused by an accident, what are we going to replace with $3,500.? Mr.Schrader explained that we had a vehicle that was damaged by another person and was able to exceed the value in settlement. We will apply the amount with additional funds to replace the vehicle. Adopted by all members voting aye, Agenda No. 32 became Resolution No. 230-06: Amend 2006 Budget-Department of Social Services (Automobile Insurance Recovery).

On the motion of Ms. Price, second by Mr. Hartnett, Agenda No. 33 was introduced. Ms. Price stated, “The rights of the children should always come before the rights of the parents.” Adopted by all members voting aye, Agenda No. 33 became Resolution No. 231-06: Support State Legislative Changes of Child Protective Investigatory Authority.

On the motion of Mr. Daniels, second by Mr. Armstrong, Agenda No. 34 was introduced. Mr. Willcox asked what technical equipment is needed. Mr. Schrader answered that consultants have been hired to evaluate our needs. Bids have been let, with no response. We are ‘in flux’ as to what technical equipment we need but it will be in communications. We are looking to the State for advice.  There are parameters to meet within the grant. Adopted by all members voting aye, Agenda No. 34 became Resolution No. 232-06: Accept Grant-Fire & Emergency Management (Division of Criminal Justices Services- WMD Grant- FY ’05).

On the motion of Mr. Daniels, second by Mr. Troy and adopted by all members voting aye, Agenda No. 35 became Resolution No. 233-06: Authorize Agreement – Fire & Emergency Management State of New York – FFY 2006 LEMPG (Local Emergency Planning Grant Program).

On the motion of Mr. Daniels, second by Mr. Troy and adopted by all members voting aye,  Agenda No. 36 became Resolution No. 234-06: Appoint Member Jury Board.

On the motion of Mr. Cornell, second by Mr. Ross, Agenda No. 37 was introduced. Ms Breed questioned what happened to the $18,000. allocated last year. Mr. Schrader answered, that was the first phase of the project to scan our current documents. This is for documents not originally anticipated to be included in the first phase. Adopted by all members voting aye, Agenda No. 37 became Resolution No. 235-06: Amend Budget/Authorize Contractual Agreement Board of Election Info Quick Solution, Inc.

On the motion of Mr. Ross, second by Mr. Cornell and adopted by all members voting aye, Agenda No. 38 became Resolution No. 236-06: Declare Negative Declaration of Environmental Impact under State Environmental Quality Review (SEQR) for Cortland County Snowmobile Trails Authorize the Chairman of the Legislature to sign the SEQR Form-Planning Department.

On the motion of Mr. Ross, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 39 became Resolution No. 237-06: Authorize Agreements-Planning Department Cortland County and Cortland County Snowmobile Clubs.

On the motion of Mr. Ross, second by Mr. Armstrong and adopted by all members voting aye, Agenda No. 40 became Resolution No. 238-06: Authorize Grant Application-Planning Department (Cortland County Snowmobile Trail Development and Maintenance).

The following announcements were made:

Larry Cornell - CCTVS Meeting will take place at approximately 7:30 PM

Carol Tytler – Planning Sub Committee will be Tuesday at 7:30 AM

Sandy Price – June is Dairy Month

Ron VanDee – reminded Legislators of the information regarding the Gas Sales Tax issue has a deadline of June 16^th to act upon and suggested they review the data with their constituents. If necessary a special meeting will be called. The Chairman stated that if there is a general consensus, she will call the Special Meeting.

Meeting Adjourned at 7:21 PM