Cortland County Legislature

July 24, 2008

6:00 PM

Approved Minutes

 

Public Hearing

 

Chairman Daniels opened the Public Hearing at 6:06 PM to consider:  A Local Law Adopting a Code of Ethics and Requiring Financial Disclosure by Certain County Officials and Employees; Rescinding Local Law No. 5of 1984.  Chairman Daniels asked if there was anyone present that would like to speak in favor of the proposed law. 

 

Mr. Carroll, a resident of Virgil, approached the podium to speak in favor of the law.  He informed the Legislature that he had been kept abreast on the local law by reading about it in the paper.  He stated that he firmly believes that the County should adopt such a law.  He understood that the financial portion had been watered down and he stated that he hoped that met the needs of the Legislature.  He also stated that he firmly believes that an officer of the County should not hold two positions consecutively specifically in respect to the Election Commissioner and the Chairman of the party.  In Mr. Carroll’s opinion, holding the positions consecutively would tempt other individuals in the party to do wrong, which he believes they shouldn’t have the right to put the members in that position.  He stated that as a result, it would cause one side of the party to possibly do wrong.  He stated that if those were the only two concerns that the Legislature faced in deciding whether to adopt the law, then they should weigh them and in determining a decision keep their constituents in mind.  He was aware that some of the Legislators had received phone calls in regards to the adoption.  He asked the Legislature to consider those phone calls if the proposed law came to a vote tonight.  He urged the Legislature to vote “Yes.” 

 

Chairman Daniels inquired two additional times if there was anyone else present that would like to speak in favor of the local law.  With no one presenting himself or herself, he inquired three times if there was anyone present that would like to speak in opposition of the law.  With no one stepping forward to speak in opposition, Chairman Daniels closed the Public Hearing.

 

Order of Business

 

Chairman Daniels called Legislative Session to order at approximately 6:10 PM followed by the Salute to the Flag.

 

The Clerk of the Legislature took Roll Call.  All members were recorded as present except for Mr. Hartnett and Ms. Price, as they were recorded absent.

 

Chairman Daniels called for the approval of the June 26, 2008 Legislative Session- Regular Meeting minutes.  The minutes were unanimously approved. 

Proclamations & Recognitions

 

-         None

 

Privilege of the Floor

 

-         None

 

Receive & File Reports of Standing, Special and Ad-Hoc Committees

 

The 2006 Community Services Board (Mental Health) Report was received and filed.

 

Mr. Loomis made a motion top receive and file a proposal from Barton & Loguidice for the design and construction of the DMV facility.  A second was received from Mr. McKee. 

 

Mr. Williams inquired what it meant to receive and file the report.  Ms. Wilcox objected believing that doing so would lock the Legislature into spending roughly $153,000.  Mr. Schrader explained that the motion would only be to receive and file the report.  He stated that he was sure that Mr. Loomis would follow with a separate motion.  Ms. Wilcox expressed a concern with the fact that the document had just been placed on their desks and there had been no opportunity to review it.  Chairman Daniels informed the Legislature that if they approved this motion another motion would be made in order to discuss it.  Mr. Williams stated that he had no problem receiving and filing the report as long as it did not encumber them.  Chairman Daniels informed the Legislature that would not be.  There was a unanimous vote to receive and file the report.

 

Mr. Loomis made a motion to accept the proposal and authorize the work laid out in the term agreement.  He respectfully asked for a second in order to keep the project on track.  A second was received from Mr. Cornell.  Mr. Tagliente stated that he didn’t believe this should pass the full legislature with 2/3 votes, as it authorizes a 7.5 million building as opposed to others.  He stated that the Legislature should be looking into all options and did not need a building of that size.  Chairman Daniels informed them that the building size had already been voted on.  Mr. Tagliente stated that when it comes down to money the proposal would have to pass with 2/3 votes.  Mr. Schrader informed him that it only needs to be approved by simple majority because the money has already been set aside.  Mr. Tagliente inquired why a 2/3 vote was needed for approval of the Health facility.  Mr. Schrader replied that part of the approval was authorizing a bond for the construction costs.  He explained that bonding for a facility requires a 2/3 vote.  He informed the Legislature that money has already been set aside for the project through the Tobacco Reserve.  Mr. Daniels asked for further explanation of the cost.  Mr. Schrader stated there was an understanding that the facility would be built between $150-$200 per square foot.  He stated that 7,500 square feet was the maximum for the building and predicted the actual square footage to be between 6,000-6,500 square feet.  He stated that the reason for the lower square footage was that the voting machines took up less space than originally anticipated.  He explained that the design phase services were a little high due to the request to make the facility a green facility.  As a result, the engineering costs for the design would be increased.  Ms. Tytler inquired if it would be a green building or a lead certified green building.  Mr. Schrader responded it would be just a green building.  Mr. Williams inquired if the proposal would return to committee and then to full legislature if the contract for the design were approved.  Mr. Schrader said no.  He explained that a resolution was passed by the Legislature at the last meeting directing that a proposal be brought to full legislature for approval, which is what has been placed on your desks.  In regards to a contract, a contract has already been established with Barton & Loguidice.  He explained that the contract was used to derive the proposal.  He further stated that the fees that are delineated in the agreement have been used to draft the proposal.  Mr. Williams inquired if by accepting this they would be approving the design.  Mr. Schrader stated that construction documents would be created per the schedule.  Mr. Williams asked if it was too late to stop the project or if the next time they would have any contact with the project would be when they went done to get their licenses.  Mr. Schrader stated that the project had already begun, but that didn’t mean the Legislature could not stop the project.  He stated there were still contracts that still needed to be approved by the Legislature per the attached timetable.  He stated that if the Legislature felt that the bids came in too high or if they felt the bids were unacceptable, they would have the opportunity to change it.  Ms. Wilcox inquired why the Aging facility timetable was attached to the proposal when that facility was not even being spoken on.  Mr. Schrader replied it was there to address some concerns that were raised at the last Legislative Session.  One specific concern with the timetables was the inclusion of public comment into the projects that the Legislature was considering.  It is attached to show that the concerns are being addressed.  Mr. Willcox inquired what the final size of the building was.  He was unsure if it was going to be 7,500 square feet, 6,000 square feet or 4,000 square feet.  Mr. Schrader replied the final design would be approves in August by full Legislature.  Mr. Willcox asked if the 4,000 square foot building was no longer being considered.  Mr. Schrader replied that was a correct statement.  For Mr. Willcox’s clarification, he asked if the building cost would be 6,000 – 7,500 square foot multiplied by $200.  Mr. Schrader stated that would be true.  Ms. Wilcox inquired if the full Legislature would be voting on a resolution on August 28th for the approval of the project and authorizing a contract for A & E.  Mr. Schrader stated only if it was the wish of the Legislature.  Ms. Tytler inquired what A & E was.  Mr. Schrader responded that it stood for architectural and engineering.  He said it basically would approve the final design and the project.  Ms. Wilcox inquired if it would be before the project goes out to bid.  Mr. Schrader stated that was correct.  Ms. Wilcox stated that the Legislature would be approving spending $101,000 for the design and if they didn’t like the design the money would be gone.  Mr. Loomis inquired what was not to like.  Ms. Wilcox responded there was a lot not to like as they had not seen the design.  Mr. Loomis informed her that the design had to be paid for in order to have the design created.  He stated that the Legislature has agreed on the size and had the intent to the project forward.  He stated that they have the responsibility to provide the tax payers with a green building that may cost a little more in design, but will save them in the long run.  We have a building: that provides what the DMV needs and is a place that can house the Elections’ voting machines which is climate controlled.  He stated that the design was a basically an open floor plan with some outlets.  He did not foresee the building cost being escalated by the price of lights and outlets.  He urged the Legislature to move forward so other progress could be made in other areas of the County and encouraged all to vote in favor.  Chairman Daniels stated that in terms of a timeline it was predicted to have the facility built by June 1st.  He stated that the longer the wait to approve, the higher the cost will be.  Mr. Willcox agreed; stated that under the last administration they were looking into a 4,000 square foot building that would cost $600,000, now they were at 1.5 million.  Ms. Wilcox asked for the Aging timeline to be pulled from the proposal.  It was agreed to do so.  Mr. Loomis informed the other members that the intent is to have the DMV proposal to be on the next Building and Grounds agenda for discussion.  He urged all members interested to attend.  Mr. Williams stated he was more comfortable voting knowing there would be prior committee and legislative review in August. 

 

All members voted in favor, except Mr. Dafoe, Ms. Wilcox and Mr. Willcox voted nay.  The report was received and filed.

 

New Business - Resolutions

 

Chairman Daniels informed the Legislature and all in attendance that Agenda No. 20 would be moved to the end of the meeting to allow for more time to discuss the item.

 

Agenda No. 1 – Reappoint Member Agriculture and Farmland Protection Board

Motion made by Mr. Daniels; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No.1 became

 

Resolution No. 224-08

Reappoint Member Agriculture and Farmland Protection Board

 

            WHEREAS, the term appointment of Syd McEvoy, Executive Director of Cornell Cooperative Extension will expire on August 1, 2008, NOW, THEREFORE BE IT

 

            RESOLVED, that Syd McEvoy, be and hereby is reappointed for a four-year term expiring August 1, 2012.

 

Agenda No. 2 – Reappoint Member Employment and Training Grant Administration Cayuga/Cortland Workforce Investment Board

Motion made by Mr. Daniels; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 2 became

 

Resolution No. 225-08

Reappoint Member Employment and Training Grant Administration

Cayuga/Cortland Workforce Investment Board

 

            WHEREAS, pursuant to Section 117 of the Workforce Investment Act of 1998, the Governor of the State of New York has authorized and directed the chief Local Elected Officials of the Cortland and Cayuga Counties, which have been designated as a Workforce Area, to appoint members to the Workforce Investment Board for said Area, NOW THEREFORE BE IT

 

            RESOLVED, that the following persons are hereby appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below:

 

 


Cortland Appointments

 

Name

Address

Sector

Term

 

Thomas Brown             Cortland, NY                    Private Sector                7/1/09-6/30/11

 

Agenda No. 3 – Ratifying the Purchase of GPS Equipment- Fire and Emergency Management.

Motion made by Mr. Troy; Motion seconded by Mr. Cornell.

 

Mr. Ross inquired about the cost of the equipment.  Mr. Schrader responded it was $3682.82.  Mr. Willcox asked how sophisticated the equipment was.  Mr. Schrader stated that although he had not seen the equipment; it has dual capacity navigator that either be mounted in the vehicle, but can also be taken with you.  He also said that it is not only a GPS locator it also tells you how to get to a location.  He said that it was a high end product that would be around $426 a piece, but was unable to judge if the purchase is worth the price. 

 

All members voted aye.  Agenda No. 3 became

 

Resolution No. 226-08

Resolution Ratifying the Purchase of

GPS Equipment Fire and Emergency Management.

 

            WHEREAS, the Cortland County Department of Fire and Emergency Management applied for and was awarded a New York State Homeland Security Grant for the 2007 State Fiscal Year to enhance the County’s emergency communications system, namely high band paging, AND

 

            WHEREAS, an unpaid Deputy Fire Coordinator personally purchased GPS equipment for the department in violation of the County’s Purchasing Policy, New York State General Municipal Law, the 2008 County Budget, and the New York State Homeland Security Grant, AND

 

            WHEREAS, the Public Safety Committee has recommended that the County Legislature ratify said purchase, AND

 

            WHEREAS, the Budget and Finance Committee concurs with this recommendation conditioned upon the Grant Funds not being used and the County Administrator utilizing funds current budgeted within the Department of Fire and Emergency Management, AND

 

            WHEREAS, the County Administrator has identified currently unspent funds originally allocated to training equipment that can be utilized to pay for the GPS equipment in lieu of the training equipment, NOW THEREFORE, BE IT

 

            RESOLVED, that the County Legislature hereby ratifies the purchase of 8 GPS navigators by the Deputy Fire Coordinator as evidenced by a packing slip dated May 27, 2008 and directs that the claim for reimbursement be forwarded to the County Auditor for his approval, AND, BE IT FURTHER

 

RESOLVED, that the County Administrator is hereby directed to amend the 2008 Department of Fire and Emergency Management Budget, in so much as the funds originally allocated to training equipment by utilized to pay for the GPS equipment, AND, BE IT FURTHER

 

RESOLVED, that, at no time, shall this purchase be charged to the New York State Homeland Security Grant, AND, BE IT FURTHER

 

RESOLVED, that the Director of Fire and Emergency Management is hereby directed to comply with County policies and New York State Law in administering any grant.

 

Agenda No. 4 – Abolish/Create Buildings & Grounds Department Assistant Superintendent of Buildings & Grounds/ Building Maintenance Foreperson.

Motion made by Mr. Loomis; Motion seconded by Mr. Spaulding.

 

Mr. Willcox inquired how this would better serve the County.  Mr. Schrader stated that it would be less money.  Mr. Willcox countered not if overtime is factored in.  Mr. Schrader explained that the position is not intended to have inordinate overtime; it allows us to have a working supervisor.  The current position was prohibited from doing union work.  This position allows for the supervision of staff as well as doing the work.  Ms. Wilcox inquired if the job description could not be rewritten to reflect those needs.  Mr. Schrader replied there are two distinct issues.  One is that all positions are classified by Civil Service which causes a conflict of management versus union.  The second issue is according to the Taylor Law it is prohibited for a management position to do union work.  If we were to rewrite the job description, the position would still be classified as Civil Service causing the County to be in position where a suit could be filed against them.  What is being proposed allows for more flexibility in the position: to do more work and supervise the staff.  Mr. Willcox asked in regards to the prior position how many hours could be worked.  Mr. Schrader stated that they would work a 35 hrs/wk, but they could work more hours and only get paid for 35 hours because the position was salary not hourly.  The proposed position would be hourly as you suggest and would be applicable for overtime.  Managers do not receive overtime.  Mr. Willcox asked how long the manager was employed.  Mr. Schrader responded approximately 3 months.  Mr. Willcox asked for the reason for his removal.  Mr. Schrader stated that he was on probation and was released.  Mr. Willcox inquired how long the probationary period was.  Mr. Schrader responded that it had just changed, but he believed it was a 3 month period that could not be appealed. 

 

All members voted aye, except Mr. Willcox voted nay.  Agenda No. 4 became

 

Resolution No. 227-08

Abolish/Create

Buildings & Grounds Department

Assistant Superintendent of Building & Grounds

/Building Maintenance Foreperson.

 

            WHEREAS, the needs of the agency will be better served by abolishing one position of Assistant Superintendent of Building & Grounds and creating one position of Building Maintenance Foreperson, AND

 

            WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Building Maintenance Foreperson, AND

 

            WHEREAS, the General Services/Budget & Finance Committees recommend the abolition and creation of these positions, NOW, THEREFORE, BE, IT

 

            RESOLVED, that one position of Assistant Superintendent of Buildings & Grounds (Management Compensation Plan, Grade 8, $41,874-50,946, competitive class) be and hereby is abolished effective July 24, 2008, AND BE IT FURTHER

 

            RESOLVED, that one position of Building Maintenance Foreperson (CSEA contract, Grade 18, $18.4495-22.4467/hr., competitive class) be created effective July 24, 2008.

 

Agenda No. 5 – Authorize Agreement/ Accept Funds Health Department/ Environmental Health Rabies Program

Motion made by Ms. Tytler; Motion seconded by Mr. Spaulding.  All members voted aye.  Agenda No. 5 became

 

Resolution No. 228-08

Authorize Agreement/Accept Funds

Health Department/Environmental Health

Rabies Program

 

            WHEREAS, funds in the amount of $112,896 are available from the NYS Health Dept. for the period January 1, 2008 thru March 31, 2012  to provide reimbursement for human rabies post exposure treatment, specimen preparation and shipment, and pet vaccination clinics, AND

 

WHEREAS, funding for January 1, 2008 thru March 31, 2009 will be $39,261, AND

 

WHEREAS, these funds are in the 2008 County Budget, in Expenditure Accounts A40125.54000-54500.4022 and Revenue Account A401243.43450.4002, NOW THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Legislature, and the Public Health Director or Designee, upon review and approval by the County Attorney, are hereby authorized to sign an agreement with the NYS Health Dept. to accept these funds.

 

Agenda No. 6 – Authorize Agreement Cortland County Health Department (Nursing Division) Secure EDI

Motion made by Ms. Tytler; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 6 became

 

Resolution No. 229-08

Authorize Agreement

Cortland County Health Department (Nursing Division)

Secure EDI

 

            WHEREAS, the Cortland County Health Department’s Certified Home Health Agency (CHHA) has been using Secure EDI, an electronic system, to provide claim submission for patients with Fidelis insurance, AND

 

            WHEREAS, in prior years, this system has been provided free of charge, AND

 

            WHEREAS, effective July 1, 2008, Secure EDI will commence charging $45.00 per month for this service, AND

 

            WHEREAS, the new HealthWyse software should be able to be used to bill Fidelis, AND

 

WHEREAS, the Cortland County IT Department is looking at free software that they can adapt to submit claims to Fidelis if necessary, AND

 

            WHEREAS, the CHHA would like to contract for EDI software for the period July 1, 2008, through June 30, 2009 to allow us to keep our billing up to date until another program is implemented, AND

 

WHEREAS, this expense is budgeted in account A40155.54004 (Computer Software), NOW, THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Legislature and Public Health Director, or designee, upon review and approval by the County Attorney, are hereby authorized to execute an agreement with Secure EDI for the Prophit Home Care System.

 

Agenda No. 7 – Award Contract/ Highway Department

Motion made by Mr. McKee; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 7 became

 

Resolution No. 230-08

Award Contract/Highway Department

 

            WHEREAS, the Highway Committee advertised for and received bids for the Installation of a Fire Extinguishing System, AND

 

            WHEREAS, the Highway Committee has recommended the following contractor to provide said Fire Extinguishing System as follows:

 

INSTALLATION OF A FIRE EXTINGUISHING SYSTEM

 

BIDDER                                                                                  BID

 

 Jerome Fire Equipment Co., Inc.                                              $18,900.00

 8721 Caughdenoy Road

 Clay, NY   13041

 

, AND

 

            WHEREAS, the lowest responsible bid received for the Installation of a Fire Extinguishing System was from Jerome Fire Equipment Co., Inc. 8721 Caughdenoy Road, Clay, NY   13041 and charges are to be paid from Account D51105.54077.7306, NOW, THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Cortland County Legislature upon review and approval by the County Attorney as to form, is hereby authorized to execute a Contract with Jerome Fire Equipment Co., Inc., 8721 Caughdenoy Road, Clay, NY   13041

 

Agenda No. 8 – Award Highway Bid – Timber Deck Material for Cheningo Solon Pond Road Bridge Highway Department

Motion made by Mr. McKee; Motion seconded by Mr. Spaulding. 

 

Mr. Willcox asked what an incomplete bid was.  Mr. Schrader replied that is was because a non-collusion certificate did not accompany the bid. 

 

All members voted aye.  Agenda No. 8 became

 

Resolution No. 231-08

Award Highway Bid –

Timber Deck Material for

Cheningo Solon Pond Road Bridge

Highway Department

 

            WHEREAS, the Highway Superintendent advertised for and received bids for Timber Deck Materials for the Cheningo Solon Pond Rd. Bridge, AND

 

            WHEREAS, funds have been allocated in the 2008 Budget for this project, AND

 

            WHEREAS, The Highway Superintendent has received the following bids for Timber Deck Materials for the Cheningo Solon Pond Road Bridge and they are as follows:

 

Timber Deck Materials for the

Cheningo Solon Pond Road Bridge


 

BIDDERS                                                                                BID

 

Tully Building Supply                                                                              $9,564.66     

24 Onondaga Street                                                                

Tully, NY   13159

 

JTS Lumber Co., Inc                                                                            $10,118.76.

185 Main Street                                                                                   (Incomplete Bid)

Cortland, NY   13045

 

Builders Best                                                                                        $11,524.78

3798 Luker Rd.                                                                                    (Incomplete Bid)

Cortland, NY   13045

           

, AND

 

            WHEREAS, the amount is not to exceed $9, 564.66. NOW, THEREFORE, BE IT

 

RESOLVED, that the Cortland County Legislature awards the bid to Tully Building Supply, 25 Onondaga Street, Tully, NY 13159 for the Timber Deck Material for Cheningo Solon Pond Road Bridge, AND BE IT FURTHER

 

RESOLVED, that the project costs be charged to Account D51125.54077.7262.

 

Agenda No. 9 – Authorize Contract/ Highway Department Town of Taylor (Snow and Ice- County Roads)

Motion made by Mr. McKee; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 9 became

 

Resolution No. 232-08

Authorize Contract/Highway Department

Town of Taylor

(Snow and Ice - County Roads)

 

WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND

 

WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND

 

WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Taylor to control snow and ice on 20.39 miles of County roads during the 2008-2009 snow season for the amount of $ 67,287.00, to be paid as follows: One-fourth in November 2008 ($16,821.75), One-fourth in February of 2009 ($16,821.75) and One-half in April of 2009 ($33,643.50) AND, BE IT FURTHER

 

RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, NOW, THEREFORE BE IT

 

            RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Taylor subject to the County Attorney’s review and approval as to form.

 

Agenda No. 10 – Authorize Contract/ Highway Department Town of Cincinnatus (Snow and Ice- County Roads)

Motion made by Mr. McKee; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 10 became

 

Resolution No. 233-08

Authorize Contract/Highway Department

Town of Cincinnatus

(Snow and Ice – County and State Roads)

 

            WHEREAS, it is provided by Section 135-A of the Highway Law that a County may enter into contracts with Towns for control of snow and ice conditions on County and State Roads for periods not to exceed ten (10) years when authorized by the County Legislature, AND

 

            WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for snow and ice control on County Roads at the rate of $ 3,300.00 per mile, AND

 

            WHEREAS, the Highway Committee of this Legislature has recommended that the County enter into an agreement with the Town of Cincinnatus to control snow and ice on 4.05 miles of County roads during the 2008-2009 snow season for the amount of $ 13,365.00, to be paid as follows: One-fourth in November 2008 ($3,341.25), One-fourth in February of 2009 ($3,341.25) and One-half in April of 2009 ($6,682.50) NOW, AND

 

            WHEREAS, the Highway Committee has recommended that the County employ Town Highway forces on a contract basis for Snow and Ice Control on State Roads, which the County maintains for Snow and Ice removal by separate time and material contract with the State of New York, AND

 

            WHEREAS, the Highway Committee of the Legislature has recommended that the County enter into an agreement with the Town of Cincinnatus to control snow and ice on 8.01 miles of State Roads during the 2008-2009-snow season for an amount not to exceed $38,000.  Payments will be paid upon receipt of actual costs submitted and approved by the County Highway Superintendent, AND, BE IT FURTHER

 

            RESOLVED, that the Agreement costs be charged to Account D51105.54083.7300, NOW, THEREFORE BE IT

 

            RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute said Snow and Ice Agreement with the Town of Cincinnatus subject to the County Attorney’s review and approval as to form.

 

Agenda No. 11 – Award Highway Bid- Metal Object Removal Highway Department/ Recycling

Motion made by Mr. McKee; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No.11 became

 

Resolution No. 234-08

Award Highway Bid –

Metal Object Removal

Highway Department/Recycling

 

            WHEREAS, the Highway Committee advertised for and received the bids for Metal Object Removal at the Highway Department and the Landfill Facilities, AND

 

            WHEREAS, The Highway Superintendent has received the following bids for Metal Object Removal and they are as follows:

 

Metal Object Removal

 

BIDDERS                                                                                BID

 

            Contento’s Auto Sales, Inc.                                                      $68.00 p/ton

            119.5 Pendleton Street

            Cortland, NY 13045

 

 , AND

 

            WHEREAS, the highest responsible bid received for the sale of  Metal Object Removal was from Contento’s Auto Sales, Inc. 119.5 Pendleton Street, Cortland, New York 13045, AND

NOW, THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Legislature, upon review and approval as to form by the County Attorney, is hereby authorized to sign a contract with Contento’s Auto Sales, Inc. 119.5 Pendleton Street, Cortland, New York 13045, for Metal Object Removal at the Highway Department and Landfill Facilities, AND BE IT FURTHER

 

            RESOLVED, that the revenue received from the Metal Object removal shall be deposited in account # E513042.42665 for the Highway Department and Account # EL816042.42130 for the Landfill.

 

Mr. McKee asked the Chairman if he could move to suspend the rules to introduce and consider a resolution not on the agenda.  A second was received from Mr. Troy.  All members voted aye.

 

Resolution- Authorize County Attorney to Proceed with Acquisition of Land under Eminent Domain Procedure Law Highway Department

The resolution was introduced and moved by Mr. McKee; Motion seconded by Mr. Troy.

 

Mr. Loomis inquired if the Miller’s has been notified of the proceeding.  Chairman Daniels stated that they planned to continue negotiations.  He also stated that they had met with Ms. Miller previously, but could not meet with her again, per her request, until the first week of August.  He stated that was the reason it was necessary to put everything in order in case negotiations fail.  He hoped to resolve any issues without using eminent domain.  Mr. Loomis explained that to his understanding Ms. Miller’s concern is the impact of the project on her project, given that he would be voting no.  He encouraged all Legislators to speak with Ms. Miller if they hadn’t done so already.  Mr. Willcox inquired what her project was.  Mr. Loomis responded that it was to build a facility that would be a tourist attraction for Cortland County.  Ms. Arnold asked how possible tourists would feel if the culvert/ road was unsafe to attend the attraction.  Mr. Loomis explained that her concern is that this project would open up for another project that would adversely affect her visual environment.  Ms. Arnold replied that there are other routes to get wind mills into that area.  She added that people in the area want safe roads to drive on.  Mr. Loomis stated he felt the road can be expanded without the use of eminent domain.  He added that the issue revolves around access to the property.  Chairman Daniels stated that he hoped the issues could be resolved without using it.  Mr. Ross inquired what the cost would be to the County tax payers if the project was delayed.  Mr. Schrader stated it would be hard to say.  He informed the Legislature that the contract had been awarded; the pre-cast was ordered and scheduled for delivery on September 1st.  He explained that there are two culverts on the road that are scheduled to have work done to them; work has already been done to the first.  He said that there would be increased costs of mobilization and legal implications, which he would rather have the County Attorney address, from pulling out of a contract for the culvert.  He does foresee an impact on the tax payers.  He stated that the County has made concessions by change order to the pre-cast abutments and wing walls that have been ordered to incorporate a stone-like lattice.  This was done to ensure that a visual impression that the bridge is stone-like instead of poured concrete.  There were also discussions of a covered bridge to cover the culvert to protect the character of the Heritage Park.  Mr. Ross inquired what the cost was for in regards to the change order for the bridge.  Mr. Schrader replied they had incurred $22,000.  Mr. Waldbauer asked what the $22,000 was in regards to the total cost of the project.  Mr. Schrader asked Mr. Chambers to elaborate on the cost.  Mr. Chambers stated that the total cost of the will be roughly $240,000.  Mr. Schrader stated that everything possible had been done not to delay the project.  He explained further that the appraisal and title work had been done.  A survey has been executed in case eminent domain has to be used.  There was a fear at the end of our last meeting with Ms. Miller that we wouldn’t have the resolution in place until the end of August, which would be too late as the pre-cast will be here September 1st.  This is a fall back if an agreement can’t be reached and we need to proceed with eminent domain with title to ensure the project is completed by the time snow flies.  Chairman Daniels explained that there was an agreement in place in regards to the stone façade.  He stated that he thought she had accepted the offer, but it turned out there was some miscommunication after they had already proceeded.  He stated that she had changed her mind.  She has refused surveyors on her property.  There needs to be some give on her part.  Mr. Tagliente called the question. 

 

All members voted aye except for Mr. Dafoe, Mr. Loomis, and Mr. Willcox voted nay.  The motion became

 

Resolution No. 235-08

Authorize County Attorney to Proceed

with Acquisition of Land Under

Eminent Domain Procedure Law

Highway Department

 

            WHEREAS, the County Highway Department is authorized to acquire lands necessary for construction as shown in various project Right of Way Maps by Resolution No. 337-07 for the Replacement of Two Culverts on East River Road, County Road 114, Project Account No. D51125.54077.7264, AND

 

            WHEREAS, the County Highway Department, County Administration and County Attorney, have attempted to acquire certain lands by negotiation to no avail, AND

 

            WHEREAS, the Cortland County Attorney has determined and hereby recommends that it is now in the best interest of the County to acquire certain lands by condemnation under the Eminent Domain Procedure Law (EDPL), NOW, THEREFORE BE IT

 

            RESOLVED, that the County Attorney hereby is authorized to represent the County of Cortland as condemnor under the Eminent Domain Procedure Law (EDPL) for the aforesaid project, AND BE IT FURTHER

 

            RESOLVED that the County Attorney is hereby authorized to file necessary petitions, notices and all other legally required documents pertaining to said condemnation proceedings.

 

Agenda No. 12 – Create Temporary Aging Services Specialist Area Agency on Aging

Motion made by Mr. Spaulding; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 12 became

 

Resolution No. 236-08

Create Temporary Aging Services Specialist

Area Agency on Aging

 

            WHEREAS, the needs of the agency will be better served by creating one temporary, full-time (no benefits) position of Aging Services Specialist, AND

 

            WHEREAS, the Human Services/Budget and Finance Committees recommend the filling of a temporary, full-time(35 hrs/wk, no benefits), competitive class Aging Services Specialist position beginning September 8, 2008 and ending no later than January 16, 2009, NOW, THEREFORE, BE IT

 

            RESOLVED, that the Cortland County Legislature hereby approves the filling of a temporary, full-time(35 hrs/wk, no benefits) Aging Services Specialist position (CSEA grade 15, $16.6240-20.2257, competitive class) beginning September 8, 2008 and ending no later than January 16, 2009, AND BE IT FURTHER

 

            RESOLVED, that the 2008 Cortland County budget be amended as follows:

 

                    Increase:

                        Appropriation:

                                    A67725.51005 4330    Personal Services         $  9,659.00

                                    A67725.58030 4330    FICA                          $     739.00

                                    A67725.58040 4330    Workers Comp           $     398.00

 

                        Revenue:

                                    A6772 4 3772 4330    State Aid                      $10,796.00

 

Agenda No. 13 – Create Food Service Helper Cortland County Area Agency on Aging

Motion made by Mr. Spaulding; Motion seconded by Mr. Cornell.  All members voted aye.  Agenda No. 13 became

 

Resolution No. 237-08

Create Food Service Helper

Cortland County Area Agency on Aging

 

            WHEREAS, the Personnel/Civil Service Office has classified one (1) new position of Food Service Helper, 16 hours per week, no benefits, AND

 

            WHEREAS, the Human Services/Budget & Finance Committees recommend the creation of one (1) part-time Food Service Helper, 16 hours per week, no benefits, NOW, THEREFORE BE IT

 

            RESOLVED, that the Cortland County Legislature hereby approves the creation of one (1) part-time (16 hours per week, no benefits) Food Service Helper (grade 2, $10.6288-12.9316, labor class) on or after July 24, 2008, AND BE IT FURTHER

 

            RESOLVED, that the 2008 Cortland County budget be amended as follows:

 

                         Increase:       

                                    Appropriation:

                                                A67745.51010 4341   Personal Services         $3,844.00

                                                A67745.58030            4341   FICA               $   294.00

                                                A67745.58040 4341   Workers Comp            $   188.00

                                    Revenue:

                                                A6774 4 3772 4341    State Aid – SNAP        $4,326.00

                        (Senior Nutrition Assistance Program)

 

Agenda No. 14 – Cortland County Indigent Burial Rate Policy (Cortland County Department of Social Services)

Motion made by Mr. Spaulding; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 14 became

 

Resolution No. 238-08

Cortland County Indigent Burial Rate Policy

(Cortland County Department of Social Services)

 

            WHEREAS,     The Cortland County Department of Social Services pursuant to Section 141 of the Social Services Law of the State of New York is responsible to provide for the care, removal and burial of the body of any recipient of public assistance or care including stillborn infants, who shall die, or of any person found dead in the welfare district, if the deceased leaves no funds sufficient to pay the expense of burial and there are no known relatives or friends or personal representatives liable or willing to accept responsibility for such expense, AND

 

            WHEREAS, Cortland County indigent burial rates have not been adjusted since May 1, 2005 when resolution number 132-05 established such rates, AND

 

            WHEREAS, local funeral homes are working with Cortland County to provide essential services at reduced rates, AND

 

            WHEREAS, it is appropriate and necessary at this time to revise said rates, BE IT THEREFORE,

 

            RESOLVED, that this County Legislature hereby authorizes the following rates and procedures, with an effective date of August 1, 2008:

 

  1. General Policy:  Indigent burials must be prior approved by the Cortland County Department of Social Services (hereinafter Department) at the time funeral arrangements are made.  If funeral arrangements need to be made on a holiday or a weekend, the Department must be contacted on the next business day.  In no case will the Department be liable for more than the amounts listed below.  Where applicable, a member of the family or a representative will be required to complete a written application and face to face interview with the Department in order to determine eligibility for a Social Services burial.

 

  1. Funeral Options (Must select from A, B, C, D or E - items cannot be mixed):

 

    1. Burials:  A complete burial shall include: preparation of remains (which includes embalming), use of preparation room, limited use of facilities for one hour of visitation/funeral/memorial services, supervision of visitation/funeral/memorial service at the funeral home, minimum casket required, transportation within 10 miles to cemetery, one guest register, 50 prayer or memorial cards, one courtesy death notice in a newspaper providing such services of funeral directors choice, one death certificate provided to the Department and if required, one death certificate to closest relative of deceased.  Complete services, visitation and burial must be held on a weekday, on the same day, and during day time hours, which shall mean hours that comply with cemetery requirements regarding time of arrival to avoid overtime charges.  Clothing is to be provided by family or friends of the deceased whenever possible, but will otherwise be provided by the funeral home. Reimbursement is as follows:

 

Stillborn to 6 months -              $500.00

Seven months to Four Years - $1,050.00

Five Years to Adult -                $1,700.00

 

In addition, the following incidental burial items will be reimbursed at actual cost with properly documented receipts:

 

i.         Minimum outer enclosure

ii.       Minimum oversized casket – only the amount verified with receipt over the cost of a standard casket.

iii.      Minimum oversized vault

iv.     Cemetery equipment

v.       Cemetery grave opening charges

vi.     Winter vault storage

 

B.     Cremation with Services:  A complete cremation with services shall include: limited use of facilities for one hour of funeral/memorial services, supervision of funeral/memorial service at the funeral home, transportation within 10 miles to cemetery and crematory, one guest register, 50 prayer or memorial cards, one courtesy death notice in a newspaper providing such service of funeral directors choice, one death certificate provided to the Department and if required, one death certificate to closest relative of deceased. Complete services, visitation and burial must be held on a weekday, on the same day, and during day time hours, which shall mean hours that comply with cemetery requirements regarding time of arrival to avoid overtime charges.  Cremains will be returned to family.  The Department will not pay for vault, urn or grave opening/closing.  Reimbursement is as follows:

 

All Ages -                                             $1,700.00

 

In addition, cremation costs will be reimbursed at actual costs with properly documented receipts.

 

C.     Cremation without Services:  A cremation with no services shall include:  transportation within 10 miles to cemetery and crematory, necessary sundry items, one courtesy death notice in a newspaper providing such services of funeral directors choice, one death certificate provided to the Department and if required, one death certificate to closest relative of deceased.  Cremains will be returned to family. The Department will not pay for vault, urn or grave opening/closing. Reimbursement is as follows:

 

All Ages -                                             $1,500.00

 

In addition, cremation costs will be reimbursed at actual costs with properly documented receipts.

 

D.     Anatomical Donation with Services: An anatomical donation with services shall include:  limited use of facilities for one hour of funeral/memorial services, supervision of funeral/memorial service at the funeral home, transportation costs to the State University of New York at Upstate Health Science Center, Syracuse, New York, one courtesy death notice in a newspaper providing such services of funeral directors choice, one death certificate provided to the Department and if required, one death certificate to closest relative of deceased. Complete services, visitation and burial must be held on a weekday, on the same day, and during day time hours, which shall mean hours that comply with cemetery requirements regarding time of arrival to avoid overtime charges.   The Department will not pay for vault or grave opening/closing.  Reimbursement is as follows:

 

All Ages -                                             $1,400.00

 

E.      Anatomical Donation without Services:  An anatomical donation without services shall include:  transportation costs to the State University of New York at Upstate Health Science Center, Syracuse, New York, one courtesy death notice in a newspaper providing such services of funeral directors choice, one death certificate provided to the Department and if required, one death certificate to closest relative of deceased.  The Department will not pay for vault or grave opening/closing.  Reimbursement is as follows:

 

All Ages -                                             $1,200.00

 

3.      Transportation:  Transportation of deceased from place of death to the funeral home or crematory and from the crematory to the funeral home shall be at the rate of $1.75 per mile for those miles in excess of ten (10) miles from the funeral home.  These excess miles shall be limited to 30 miles.  Transportation of deceased from funeral home to place of interment shall be at a rate of $1.75 per mile for those miles in excess of ten (10) miles from the funeral home not to exceed 30 miles.  When it is necessary to transport a body back to Cortland County, mileage at the rate of $1.75 per loaded mile will be allowed from place of removal to funeral home with prior approval and at the discretion of the Department.  Mileage back to Cortland County applies only in those cases where a Cortland County resident has been placed in a nursing home or hospital outside of the County.

 

4.      Cemetery Plots:  The Department will not pay for cemetery plots.  Exceptions may be considered with proper documentation that no indigent burial plots are available within Cortland County.

 

5.      Supplementation: Family or friends will be allowed to pay for obituaries, additional prayer or memorial cards, additional guest registers, a crucifix/cross, flowers, clergy fees, certified death certificate, cost of cemetery plot, cremation urns, cremation grave opening and urn vault charges, and transportation in excess of the above stated limits.  However, upgrading of merchandise and described services is not allowed.  Relatives or friends assume responsibility for the entire cost of burial arrangements should they wish to arrange a more expensive funeral for the deceased than authorized by the Department.

 

6.      Benefits Due:  If through Social Security, life insurance or other sources, there are funds available, the Department will pay the difference between the combined assets/resources and the above stated maximum burial allowances.  If the decedent has assets/resources equal to or above the maximum allowances, the Department will not contribute toward the burial/cremation.  Where the Department is eligible to claim assets/resources such as checking and savings accounts, the Department will pursue these assets after paying funeral home the maximum allowable burial expenses.  Where the Department is not eligible to claim the said death benefits such as Social Security, Veteran’s benefits and life insurance, it shall be the responsibility of the funeral director to collect these benefits or its equivalent from the legally responsible relative. 

 

7.      Billing and Remittance:  Claims for burials approved by the Department must be billed to the Department on a Cortland County voucher accompanied by an itemized billing statement and receipted bills as applicable.  Vouchers must be submitted to the Department within thirty (30) days of the date of services.  In the event that circumstances delay the submission of vouchers beyond thirty (30) days, consideration will be given if the funeral director can submit appropriate documentation justifying the circumstances leading to the late submission.  All burial allowances receiving prior approval from the Department will be paid to the funeral home within thirty (30) days of receipt of all required items.

 

Agenda No. 15 – Amend Budget Department of Social Services

Motion made by Mr. Spaulding; Motion seconded by Mr. McKee.  All members voted aye.  Agenda No. 15 became

 

Resolution No. 239-08

Amend Budget

Department of Social Services

 

            WHEREAS, the NYS Office of Temporary and Disability Assistance has allocated bonus awards for Food Stamp initiatives and these funds were not anticipated when preparing the 2008 Budget, NOW BE IT

 

            RESOLVED, that the 2008 County Budget be and hereby is amended as follows:

           

            Increase:

                        Expense:

                              A60105.54075      Admin-Office Equipment                 $7,680                  Revenue:

                              A601044.44611    Fed-FS Administration                    $7,680

 

Agenda No. 16 – Accept Grant/ Amend Budget/ Authorize Agreement Youth Bureau (United States Tennis Association Grant)

Motion made by Mr. Spaulding; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 16 became

 

Resolution No. 240-08

Accept Grant/Amend Budget/Authorize Agreement

Youth Bureau

(United States Tennis Association Grant)

 

            WHEREAS, a USTA Grant from the United States Tennis Association (USTA) in the amount of $1,500.00 was awarded to the County Youth Bureau for a Youth Tennis Program, which will be administered in cooperation with Cortland City Youth Bureau, NOW, THEREFORE, BE IT

 

            RESOLVED, that the Chairman of the Legislature, upon review and approval by the County Attorney, be and hereby is authorized to accept these additional funds from the United States Tennis Association (USTA) and enter into this agreement with City of Cortland to provide a tennis program, AND, BE IT FURTHER

 

            RESOLVED, that the County Budget be and hereby is amended as follows:

            Increase:

                        Revenue:

                                    A731242. 42705      Gifts and Donations                               $1,500.00

                        Appropriation: 

                        A73125.54083         Misc. Supporting Services                                 $1,500.00

 

Agenda No. 17 – Increase Salary Sheriff’s Department Court Administration

Motion made by Mr. Williams; Motion seconded by Mr. Spaulding.  All members voted aye.  Agenda No. 17 became Resolution No. 241-08.


 

Resolution No. 241-08

Increase Salary

Sheriff's Department

Court Attendants

 

            WHEREAS, the Offices of Supreme and County Courts has requested a pay increase for court attendants, NOW, THEREFORE, BE IT

 

            RESOLVED, that the base rate per hour for court attendants be increased from $7.65 per hour to $7.88 per hour, effective April 1, 2008 and attendants who are assigned Family Court will be increased from $8.65 per hour to $8.88 per hour, effective April 1, 2008.

 

Agenda No. 18 – Authorize Agreement Extension Sheriff’s Department (NYS Services to Cortland County Courts)

Motion made by Mr. Williams; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 18 became Resolution No. 242-08.

 

Resolution No. 242-08

Authorize Agreement Extension

Sheriff's Department

(NYS Security Services to Cortland County Courts)

 

            WHEREAS, Cortland County entered into an agreement with the Unified Court System – Sixth Judicial District on June 16, 2005 Resolution 195-05 for the period of April 1, 2005 through March 31, 2006, as well as the base contractual extensions for the fiscal years 2006 through 2009, and

 

            WHEREAS, Section I (D) of the above referenced agreement provides that the dates of each period of the contract term after the initial period, as well as the maximum compensation, shall be established by the mutual written agreement of the parties.  Pursuant to that section, we are establishing a new period in the five-year term of this Agreement, which period shall commence on April 1, 2008 and shall terminate on March 31, 2009, NOW, THEREFORE, BE IT

 

            RESOLVED, that during this 2008-09 period, all the terms and conditions of the above referenced Agreement shall continue to apply, except the maximum compensation for the 2008-09 period shall be $28,000.00, AND BE IT FURTHER

 

            RESOLVED, that said amounts shall be charged to A1110 County Court and Account A1135 Supreme Court.

 

Agenda No. 19 – Discontinue Monitoring Fire Alarms Sheriff’s Department

Motion made by Mr. Williams; Motion seconded by Mr. Spaulding. 

 

Ms. Tytler asked Mr. Williams to explain the discussion that took place in the Budget and Finance committee meeting for the record.  Mr. Williams explained that the current operating system is an old piece of equipment.  It is still functional, although it is not state of the art.  The equipment had been found not to be reliable.  He stated that the cost of the upgrade would be between $75,000 and $100,000.  He explained that even if the system was upgraded it would not monitor calls.  The system would only be receiving the calls which could cause a liability issue because many consumers believe they are being monitored.  He stated that system had been installed 25 years ago when we were the only game in town.  Now, the private sector has surpassed us with many companies that offer true monitoring services to their facilities.  He stated that the County should not have to compete with private companies that can offer a better service.  He stated that as a result of the upgrade, the cost would be passed onto the consumer.  He explained that this would not affect the public sector as it would terminate only the private sector.  Ms. Wilcox inquired what that would mean for Health Care facilities.  Mr. Williams stated that a definition must be reached between what would be considered private or public.  He explained that historically public had been defined as one who levies taxes.  He gave the example of schools.  He said he would like to defer to Mr. Suben for advice.  Mr. Suben stated that he has had conversations with Mr. Wagner of 911 and the lines of demarcation are not that difficult.  He stated that they would be fair and use good judgment in determining the differences.  Mr. Loomis stated that he had voted no in committee because the issue had been tabled 3 months ago as they had requested more information in regards to the cost of the upgrade.  He questioned that if there is a liability issue with the private sector then why isn’t there one for the public sector.  He added that he still thought there should still have to upgrade to comply with codes for the public sector.  He believes that they haven’t been given the full picture.  Ms. Arnold inquired if the public sector was at risk.  Mr. Williams replied that there is a risk.  He stated that an effort needed to be made to ensure the public entities know the current status of the system and give them the option to upgrade.  Mr. Suben stated that we are liable to the extent of how forthcoming we are to the providers.  He advised getting out the letters indicating the direction that is going to be taken in regards to the system to make sure all are aware of the current status of the system.  Ms. Arnold inquired if there was a plan in place to upgrade the system for the public entities.  Mr. Williams replied not to his knowledge.  Mr. Ross explained that the Village of McGraw had heard about the situation and took it upon themselves to review their system.  As a result, they hired a private company and are in the process of upgrading their system for safety within the village. 

 

All members voted aye except Mr. Loomis, Mr. Tagliente and Mr. Willcox voted nay.  Agenda No. 19 became Resolution No. 243-08.

 

Resolution No. 243-08

Discontinue Monitoring Alarms

Sheriff's Department

 

            WHEREAS, when the County started receiving private alarms there were very few private alarm companies to monitor intrusion/fire alarms, which is no longer a problem, and

 

            WHEREAS, the number of private business and residential alarms for the County to monitor have continued to increase, it is desirable to discontinue receiving private business and residential alarms through the Keltron Monitoring System located in the 911 Center, NOW, THEREFORE, BE IT

 

            RESOLVED, that effective 90 days after the verified notification and satisfied certainty that the individuals and business have been contacted, the Cortland County Legislature authorizes the discontinuation of monitoring these alarms.

 

Agenda No. 20 – Moved to the end of the agenda.

 

Agenda No. 21 – Supporting an Application for State Assistance Payments under the New York State Bond Act to Purchase Developmental Rights on the David and Constance Griswold farm, Town of Preble, Cortland County, Cortland County Planning Department

Motion made by Mr. Ross; Motion seconded by Mr. McKee.

 

Ms. Tytler stated her concern that the County does not have an overall plan in place for these designations.  Mr. Willcox asked if there is a dollar amount associated with this.  Mr. Schrader replied that there wouldn’t be one until the property is appraised and the value is assigned to the property.

 

All members voted aye.  Agenda No. 21 became

 

Resolution No. 244-08

Supporting an application for State Assistance Payments

Under the New York State Bond Act to

Purchase Development Rights on the

David and Constance Griswold farm, Town of Preble, Cortland County

Cortland County Planning Department

 

            WHEREAS, pursuant to the New York State Bond Act, there is State assistance available for Agricultural and Farmland Protection Implementation Projects, AND

 

            WHEREAS, the Cortland County Agricultural and Farmland Protection Board has developed an Agricultural and Farmland Protection Plan for Cortland County Pursuant to Article 25-AAA of the Agricultural and Markets Law, AND

 

            WHEREAS, the Agricultural and Farmland Protection Plan recommends the use of such techniques as the acquisition of development rights and conservation easements as a method to protect the availability of agricultural soils for farming and to lower the cost of maintaining farming from generation to generation, AND

 

            WHEREAS, this Legislature has adopted the Agricultural and Farmland Protection Plan for Cortland County and the State Department of Agriculture and Markets has approved the Agricultural and Farmland Protection Plan for Cortland County, AND

 

            Whereas, the Agricultural and Farmland Protection Board has adopted review criteria for Purchase of Development Rights applications which was subsequently adopted by the Cortland County Legislature, AND

 

            WHEREAS, the Agricultural and Farmland Protection Board met on June 2, 2008 and has endorsed a grant application for the David and Constance Griswold farm in the Town of Preble, AND

 

            WHEREAS, the David and Constance Griswold farm in the Town of Preble is located in the Preble/Homer/Cortland Valley along and to the west of the NYS Route 281 Corridor and is subject to significant pressure for conversion to non-agricultural use, AND

 

            WHEREAS, the County of Cortland and the Agricultural and Farmland Protection Board are currently preparing to submit an application for State Assistance payments for the purchase of development rights on the David and Constance Griswold farm, Town of Preble, Cortland County, AND

 

            WHEREAS, the County is not being requested to provide any cash match contribution to this project, NOW, THEREFORE BE IT

 

            RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to submit grant applications on behalf of the County to purchase development rights on the David and Constance Griswold farm in the Town of Preble, Cortland County.

 

Agenda No. 22 – Supporting an Application for State Assistance Payments under the New York State Bond Act to Purchase Developmental Rights on the Lawrence and JoAnne Jones farm, Town of Homer, Cortland County, Cortland County Planning Department

Motion made by Mr. Ross; Motion seconded by Mr. Spaulding.

 

Ms. Arnold informed the members of the Legislature that she had mapped out this property on the Cortland County Soils map.  She stated she found that less than 20% of the parcel is prime farmland, which is contrary to the purpose of the proposed agenda item which would be to protect the farms.  According to the map it has a steep hillside that accounts for 80% of the land, which would have little developmental prospect.  Therefore, she found it not appropriate for the use of New York State dollars.  Ms. Tytler said that this is only one example of the County not having an overall plan in place to protect vital farmland when making these decisions. 

 

A roll call vote was taken.  The following Legislators voted aye: Mr. Ross, Mr. Spaulding, Mr. Steger, Mr. Troy and Mr. Daniels.  The following Legislators voted nay: Ms. Arnold, Mr. Cornell, Mr. Dafoe, Mr. Loomis, Mr. McKee, Mr. Piombo, Mr. Tagliente, Ms. Tytler, Mr. Waldbauer, Ms. Wilcox, Mr. Willcox and Mr. Williams.  Mr. Hartnett and Ms. Price were recorded as absent.  The motion failed.

 

Agenda No. 23 – Supporting an Application for State Assistance Payments under the New York State Bond Act to Purchase Developmental Rights on the Douglas Riehlman farm, Town of Preble, Cortland County, Cortland County Planning Department.

Motion made by Mr. Ross; Motion seconded by Mr. Troy.  All members voted aye.  Agenda No. 23 became

 

Resolution No. 245-08

Supporting an application for State Assistance Payments

Under the New York State Bond Act to Purchase Development Rights on the Douglas Riehlman farm, Town of Preble and Town of Homer, Cortland County

Cortland County Planning Department

 

            WHEREAS, pursuant to the New York State Bond Act, there is State assistance available for Agricultural and Farmland Protection Implementation Projects, AND

 

            WHEREAS, the Cortland County Agricultural and Farmland Protection Board has developed an Agricultural and Farmland Protection Plan for Cortland County Pursuant to Article 25-AAA of the Agricultural and Markets Law, AND

 

            WHEREAS, the Agricultural and Farmland Protection Plan recommends the use of such techniques as the acquisition of development rights and conservation easements as a method to protect the availability of agricultural soils for farming and to lower the cost of maintaining farming from generation to generation, AND

 

            WHEREAS, this Legislature has adopted the Agricultural and Farmland Protection Plan for Cortland County and the State Department of Agriculture and Markets has approved the Agricultural and Farmland Protection Plan for Cortland County, AND

 

            WHEREAS, the Agricultural and Farmland Protection Board has adopted review criteria for Purchase of Development Rights applications which was subsequently adopted by the Cortland County Legislature, AND

 

            WHEREAS, the Agricultural and Farmland Protection Board met on June 2, 2008 and has endorsed a grant application for the Douglas Riehlman farm in the Town of Preble and the Town of Homer, AND

 

            WHEREAS, the Douglas Riehlman farm in the Town of Preble and the Town of Homer is located in the Preble/Homer/Cortland Valley along the Interstate 81 Corridor and is subject to significant pressure for conversion to non-agricultural use, AND

 

            WHEREAS, the County of Cortland and the Agricultural and Farmland Protection Board are currently preparing to submit an application for State Assistance payments for the purchase of development rights on the Douglas Riehlman farm, Town of Preble and Town of Homer, Cortland County, AND

 

            WHEREAS, the County is not being requested to provide any cash match contribution to this project, NOW, THEREFORE BE IT

 

            RESOLVED, that the Chairman of the Legislature, upon review and approval of the County Attorney, be and hereby is authorized to submit grant applications on behalf of the County to purchase development rights on the Douglas Riehlman farm, Town of Preble and Town of Homer, Cortland County.

 

Agenda No. 24 – Supporting New Visions Powerline Communications, Inc. to Provide the Availability of High Speed Internet Access Throughout Cortland County, Planning Department

Motion made by Mr. Ross; Motion seconded by Mr. Troy.

 

Mr. Ross stated that it had been a pleasure working with the Broadband subcommittee.  He stated that it was one of the best subcommittees he had ever been on; thanked the members for their time and effort.  He stated that the survey results were in and asked Mr. Carman Branca, President of New Visions to inform the Legislature a little bit about the service being proposed.  Mr. Branca introduced himself; informed the Legislature that his company is based in Syracuse, NY and works with technology that delivers high-speed broadband service through a network of fiber in National Grid electrical wires.  He stated that in this particular area they are trying to close the digital divide.  He stated that high-speed broadband is no longer a luxury, it is a necessity.  He stated that 3 years ago the FCC approved their technology to be used throughout the United States.  More recently, 1 ½ years ago the New York Public Service Commission approved the technology in order to move forward with electric utilities to utilize their grids.  As a result, they did not have to build a new network so they are able to provide an affordable broadband service.  This motion is a request for support to proceed with putting together a financial package in this county.  He added that there is already State and Federal approval.  Mr. Loomis inquired how the signals were carried.  Mr. Branca replied that the FCC sets the frequencies that allow his company to operate.  He explained that they put their equipment on the utility poles over wires and provide a simple modem in the home.  The frequencies are certified and notched out by the FCC.  He stated that the company provides the service for 30-40% less than what consumers are paying now.  They also offer speeds faster than what consumers are presently getting.  There is also a telephone service associated with the savings and they are looking into providing a cable TV service.  Further, the technology can be used with 911 agencies to identify homes that have medical needs when there is a power outage and can also network with Homeland Security with camera accessibility.  Mr. Willcox asked if his company competes with Time Warner.  Mr. Branca replied that they did and in areas of competition they are 30-40% less in cost.  Mr. Tagliente inquired what the difference was between the broadband service his company offers and the broadband service Verizon offers.  Mr. Branca replied that there are no wires or cables associated with the service he offers and Verizon has built a limited area using FIOS.  Mr. Tagliente questioned whether the service would only be city-wide.  Mr. Branca informed him that the service will be county-wide, reaching areas where currently there is no service available.  He explained that the service offers 10-15 MB of speed to the home which is 20-30% faster than DSL and 3 times faster than Time Warner.  Mr. Waldbauer inquired if the motion was passed if it would assist in receiving financial support.  Mr. Branca responded that it would as the needs were identified in the surveys. 

 

All members voted aye.  Agenda No. 24 became

 

Resolution No. 246-08.

Supporting New Visions Powerline Communications, Inc.

Efforts to Provide the Availability of High Speed Internet Access

Throughout Cortland County

Planning Department

 

            WHEREAS, the availability of high speed internet access is becoming more essential for business to compete in a global economy and for residents to access information such as personal financial accounts and research materials for students, AND

 

            WHEREAS, many areas of Cortland County have access only to dial up internet connections which can not download larger files, AND

 

            WHEREAS, the Broadband Subcommittee of the Cortland County Legislature’s Agricultural/Planning/Environment Committee’s main goal is to provide the availability of high speed internet access to all areas of Cortland County, AND

 

            WHEREAS, New Visions Powerline Communications, Inc.’s technology involves using the existing power lines infrastructure to provide high speed internet access, AND

 

WHEREAS, New Vision Powerline Communications, Inc. is interested in providing the availability of this technology throughout Cortland County, NOW, THEREFORE, BE IT

 

            RESOLVED, that the Cortland County Legislature supports New Visions Powerline Communications, Inc. efforts to provide the availability of high speed internet access throughout Cortland County.

 

Agenda No. 20 – A Local Law Adopting a County Code of Ethics and Requiring Financial Disclosure by Certain County Officials and Employees; Rescinding Local Law No. 5 of 1984

Motion was made by Mr. Cornell; Motion seconded by Mr. Troy. 

 

Mr. Troy began by thanking the committee that worked on the local law for their time and effort, specifically Mr. McKee, Mr. Whitt, and Mr. Schrader.  He explained that the version of the local law dated 7/17 was the version that was placed on the Legislator’s desks and also mailed.  He informed the Legislature that particular version should be thrown out, as the one dated 7/24 would be the version tonight, which reflects all corrected scrivener’s errors. 

 

Mr. Cornell moved to amend the local law by removing Article 3, paragraph c, section 1 which requires appointed County Officers to resign prior to running for County Legislature; Motion seconded by Mr. McKee.

 

Mr. Troy informed the Legislature that in a prior committee meeting Mr. Waldbauer had excused himself from voting on the TC3 budget, as he had done business with them.  Mr. Waldbauer asked to be excused so nothing would be views as improper behavior. The vote to accept the budget was unanimous with the abstention of his vote.  He didn’t believe that anyone would ever question his vote or reason for not voting.  The Ethics Code before us is to show the people of Cortland County that this Legislature wants to avoid any appearance of improper behavior.  He feels that it is a minimal document that will accomplish that objection.  He stated that Mr. Carroll had stated previously that it had been stripped down; he would not go that far, but it far less intrusive than most ethics codes.  He stated that he is opposed to stripping the statement down any further.  He stated that he would be voting against the proposed amendment.  He stated that it doesn’t limit anyone’s right to run for legislature.  All the document does is try to avoid any unethical situation that may arise.  Ms. Arnold inquired if there was a precedent for prohibition in other counties.  Mr. Schrader stated that there was.  All counties and state governments have some form of prohibition.  He stated, as a fact, in order to run for State Legislator officials must resign first.  Mr. Daniels stated that in concurrence with Mr. Troy, he feels that it has been watered down enough and he will support keeping it the way it is.  Ms. Tytler informed the Legislature that her concern was that she feels that in the Unites States someone should have the opportunity to run for office.  She thinks that if the individual runs for office and he/she won, he/she would be required to step down, which is required by Public Officer’s Law.  She is concerned about restricting an individual’s right to run for office.  Mr. Cornell stated that was the main reason he was proposing the amendment.  Mr. Daniels stated that in all fairness, an individual could run, he/she would have to resign first.  Mr. Waldbauer inquired if that is what the law stated.  Mr. Daniels agreed.  Mr. Willcox stated that he agreed with Mr. Troy and believes that it should not be watered down any further.  Mr. Williams asked for clarification that an affirmative vote for the amendment would remove the 3 sections from the document.  Mr. Daniels stated that it would be correct.

 

A roll call vote was taken.  The following Legislator’s voted aye: Mr. Cornell, Mr. McKee, Mr. Piombo, Ms. Tytler and Mr. Waldbauer.  The following Legislator’s voted nay: Ms. Arnold, Mr. Dafoe, Mr. Loomis, Mr. Ross, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Wilcox, Mr. Willcox, Mr. Williams and Mr. Daniels.  Mr. Hartnett and Ms. Price were recorded as absent.  The motion failed.

 

Mr. Cornell moved to amend the local law by removing Article 3, paragraph c, section 4 which prohibits the Chairman of a political party from holding the Office of Election Commissioner; Motion was seconded by Mr. Tagliente. 

 

Mr. Cornell stated that the reason for the amendment is there are 86 committee people in his party.  The party relies on these people to carry petitions and work for the candidates.  If it is approved as written it would eliminate those 86 people from having a say as to whom the party chair and the commissioner is.  He stated that they should have the right to decide who holds the position.  Mr. McKee stated that he understood that the code of ethics is a set of rules for County Officials and Department Heads to operate by.  He also stated that if section 4 was passed as is, they would be determining how others would operate and he didn’t feel comfortable doing that.  Mr. Daniels called for a vote.  Ms. Wilcox asked for clarification on the vote.  Mr. Daniels replied that a “no” vote would allow for section 4 to stay in and a “yes” vote would allow the section to be removed.

 

A roll call vote was taken.  The following Legislator’s voted aye: Mr. Cornell, Mr. Loomis, Mr. McKee, Mr. Piombo, Ms. Tytler and Mr. Waldbauer.  The following Legislator’s voted nay: Ms. Arnold, Mr. Dafoe, Mr. Ross, Mr. Spaulding, Mr. Steger, Mr. Tagliente, Mr. Troy, Ms. Wilcox, Mr. Willcox, Mr. Williams and Mr. Daniels.  Mr. Hartnett and Ms. Price were recorded as absent.  The motion failed.

 

Mr. Loomis stated that a possible issue in regards to the Code of Ethics Board, page 18 of 13, was presented in caucus.  They spoke about getting concurrency in the appointment by possibly staggering the terms to retain continuity within the Board.  He suggested that the appointments should possibly be staggered as 2, 3, and 4 years.  Mr. Schrader stated that would be the way to accomplish it and offered to have 2 members serve 2 years, 2 members serve 3 years, and 1 member serve 4 years as the initial term with every subsequent appointment being a 4 year term.  It would have the affect of staggering and no more than 2 individuals would be replaced at a time.  You could go even further and have some members serve 1 year, some 2 years, some 3 years, and some 4 years.  It depends on the wishes of the Board.  He stated he believes continuity in government is a good thing.  Mr. Troy inquired if it would have to go back to the Personnel committee.  Mr. Schrader explained that if the Legislature chooses to approve the amendment, it would require a re-drafting of the local law, which would have to set on the desks for 7 days.  It would require a new notice in the paper and a new Public Hearing.  He stated there were two options, one was already mentioned and the other as follows: 1 member serving 1 year, 1 member serving 2 years, 1 member serving 3 years, and 2 members serving 4 years.  Mr. Loomis stated he would like to make that motion.  Mr. Tagliente inquired id the subsequent appointments would be for 4 years and provided a second.  Mr. Schrader stated that would be correct.  Mr. Daniels informed the Legislature that the changes would be made; a copy would be placed on your desks and in the mail in more than enough time to vote on it at our next meeting.  It will go back in the paper for a Public Hearing and another hearing will be held in case the constituents would like to address it.  Ms. Wilcox stated she was curious because she was new why the local law could not be voted on tonight.  Mr. Daniels replied because the amendment was made.  Mr. Schrader added that in essence, anytime there is a material change in a local law that has been sitting on your desk; a new period of waiting has to be had with a new Public Hearing to allow the public to address the material changes.  Ms. Wilcox stated she did not want to wait until next session and would like to change her vote so it could be voted on tonight.  Mr. Waldbauer inquired if the amendment went away would the committee have the power to change it at a later date.  Mr. Schrader responded that it would require a local law.  Ms. Wilcox asked again if the amendment went away could they vote on it tonight.  Mr. Schrader explained that there was some question as to whether it sat on your desks for 7 days.  However, the Chairman has the authority to declare this an immediate need and with a 2/3 vote from the Legislature, it could be adopted tonight.  Mr. Daniels informed the Legislature that it wasn’t the intent to vote tonight primarily because he felt that it would be in everyone’s best interest to have all Legislator’s present.  It was placed on the agenda to discuss and make amendments so we can move forward at the next meeting.  Ms. Arnold asked for a report on the 2nd amendment.  Mr. Schrader responded that 6 Legislators voted in favor of the amendment resulting in 16,003 votes.  Approximately 7,997 additional votes would be necessary to carry the vote.  Ms. Wilcox stated that with all respect for the Chairman, she still felt that it should have been voted on tonight.  The Chairman pushed for the code; Personnel and Ethics committee to get to this point.  Mr. Williams asked what would happen if the second was withdrawn for the 2nd amendment and the amendment was withdrawn all together.  Mr. Daniels responded that a 2/3 vote would be needed to suspend the rules.  Mr. Williams questioned if the amendment could go away if the sponsors withdrew their sponsorship.  Mr. Tagliente stated that the appointment was an oversight.  He stated that he didn’t see the big deal in addressing it now instead of going through the whole process again.  Ms. Tytler stated that the intent was clear; she was on board with what is in front of them with the exception of the staggering of appointments.  She added that it had been a long drawn out process to get to the current state.  She stated she was comfortable with putting in the last change and voting on it next month.  Mr. Troy explained that he hoped it would be voted on and finished tonight.  He understands the need for it to be correct and is no longer uncomfortable with letting it go until next month.  Mr. Ross stated that he agrees with Ms. Wilcox and would like to vote on it tonight.  As a result, he asked to change his vote.  Mr. Schrader suggested that the Legislature make a motion to reconsider the amendment to reflect the support of the amendment, if not then the local law has to sit 7 days.  If the local law is found favorable, then remove the amendment and move forward at that point in time.  At that time the Chairman would need to make a decision with the support of 2/3 vote of the majority of the Legislature to declare it an immediate need.   Mr. Tagliente inquired what would occur if it did not receive 2/3 vote and asked if the Legislature could bring back the local law.  Mr. Schrader replied that theoretically the Legislature can bring back the local law.  A motion would have to be made to reconsider the local law at the next meeting after setting on the desk for 7 days in advance.  He added that it becomes a little more cumbersome if it fails without a 2/3 vote.  Mr. Tagliente inquired if the 2 absents would be counted as a “no.”  Mr. Schrader stated that was correct.  Mr. Tagliente urged the Legislature not to reconsider.  A motion to adjourn was made on the floor and session was adjourned.