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.
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.
-
None
-
None
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:
|
Name |
Address |
Sector |
Term |
Thomas Brown
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
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
RESOLVED,
that the
RESOLVED, that
the
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
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
,
AND
WHEREAS,
the lowest responsible bid received for the Installation of a Fire
Extinguishing System was from Jerome Fire Equipment Co., Inc.
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
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
Highway
Department
WHEREAS,
the Highway Superintendent advertised for and received bids for Timber Deck
Materials for the
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
Timber Deck
Materials for the
BIDDERS BID
Tully Building Supply $9,564.66
Tully, NY
13159
JTS Lumber
Builders Best $11,524.78
,
AND
WHEREAS,
the amount is not to exceed $9, 564.66. NOW, THEREFORE, BE IT
Agenda No. 9 – Authorize
Contract/
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
(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/
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
(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
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
, 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
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
All members
voted aye except for Mr. Dafoe, Mr. Loomis, and Mr. Willcox voted nay. The motion became
Resolution No. 235-08
Authorize
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
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
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
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
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 –
Motion
made by Mr. Spaulding; Motion seconded by Mr. Troy. All members voted aye. Agenda No. 14 became
Resolution No. 238-08
(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
WHEREAS, it is appropriate and
necessary at this time to revise said rates, BE IT THEREFORE,
RESOLVED, that this
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
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
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
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
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 (
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
(
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
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
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
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
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
Purchase Development Rights
on the
David and Constance
Griswold farm, Town of Preble,
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
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
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
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
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
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
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
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
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.