Chairman Harrington called the Public Hearing to order at 10:00a.m. He asked three times if anyone was present to speak in favor of the proposed local law. No one present wanted to speak in favor of the proposed local law. He then asked if anyone wanted to speak against the proposed local law.

The first speaker was Ms. Kathy Peters, representing the American Cancer Society. She suggested that there would not be a severe drop in tobacco sales, since tobacco companies will continue to aggressively market tobacco products and it just made financial sense to take the yearly payments.

Mr. Glenn Ivers, American Lung Association, made the comparison between teen pregnancy and tobacco use. He suggested that the long-term educational needs were the same for both, if they were to be successful. He was concerned that the securitization of the tobacco funds would not allow any of the funds to be used for educational purposes.

Ms. Jeanette Dippo, Cortland City School District, told the legislators that students are swamped with ads for tobacco products and youth need constant and repetitive information on the dangers of cigarette smoking. She was concerned that the proposed law would not allow any money to be spent on education.

Ms. Kristen Case, Cortland Youth Bureau, spoke of the difficulty that teens have when trying to quit smoking. She said they start young.

Mr. Dale Taylor, Sarvey Shoe Co., said the tobacco companies would not go out of business, since other peripheral industries depend on tobacco business. He felt it just made good business sense to take the full payment over the twenty-five years.

Ms. Katherine L. O’Gorman, Edu-Care, Inc., told the legislators that education was the best help and that they had a once in a life time opportunity to make a difference.

Chairman Harrington declared the public hearing closed at 10:20 a.m.

Chairman Harrington called the legislative meeting to order at 10:20 a.m. and led the salute to the flag. The Clerk called the roll and all members were recorded as present, except Mrs. Contento recorded as absent. On the motion of Mr. Teeter, seconded by Mr. Boise and adopted, all members present voting aye, the minutes from the July 12^th, 2000 Session were approved. On the motion of Mr. Teeter, seconded by Mr. O’Mara and adopted, all members

present voting aye, the minutes from the July 26^th, 2000 Special Session were approved.

Ms.Terry Gefell, Cortland County Health Department/Education Division, spoke for the Community Tobacco Use Prevention Program Proposal Committee. She provided background information on the number of teen smokers and the overall cost of tobacco use in the County. She gave a brief overview of the proposal and budget and manpower necessary to conduct the comprehensive program. The committee was requesting a percentage of the tobacco settlement on a yearly basis. Mrs. Richards said the best way to get students to listen was to use peers.

On the motion of Mr. Thomas, seconded by Mrs. Brown and adopted, all members present voting aye, the 2^nd Quarter Sales Tax Distribution Report from the Treasurer’s Office was ordered received and filed.

On the motion of Mr. Thomas, seconded by Mr. Stoker and adopted, all members present voting aye, the Excess Vehicles Report from the Highway Department was ordered received and filed.

On the motion of Mrs. Price, seconded by Mrs. Brown and adopted, all members present voting aye, the Report from the Personnel Committee was ordered received and filed. Mr. Dwyer explained that proposed salary increases were not part of the proposed evaluation. He gave a history of the revisions and asked that the legislators provide some kind of feedback to let the Personnel Committee know how to proceed. Mr. O’Mara said he was uncomfortable evaluating department heads, since he does not work with each of them on a regular basis. Mr. Dwyer reminded the legislators that they had expressed dissatisfactions with the old evaluation form, so the committee would appreciate help in formulating a new one.

On the motion of Mr. Harrington, seconded by Mrs. Brown and adopted, all members present voting aye,

RESOLUTION NO. 367-00

RE-APPOINT CONDITIONAL RELEASE COMMISSIONERS

J. VAN NORTWICK & JOHN R. MUSCI

WHEREAS, the terms of James VanNortwick and John R. Musci will expire as Conditional Release Commissioners, NOW, THEREFORE, BE IT

RESOLVED, that James VanNortwick, 8 Parkwood Circle, Cortland, NY 13045, be and hereby is re-appointed to the position of Conditional Release Commissioner for a four year term to expire on August 12, 2004, AND, BE IT

RESOLVED, that John R. Musci, 49 Charles St., Cortland, NY 13045, be and hereby is re-appointed to the position of Conditional Release Commissioner for a four year term to expire on November 9, 2004.

On the motion of Mr. Harrington, seconded by Mr. Teeter and adopted, all members present voting aye,

RESOLUTION NO. 368-00

RE-APPOINT MEMBER

TOMPKINS CORTLAND COMMUNITY COLLEGE

BOARD OF TRUSTEES

(ROBERT L. EBERLY, MD)

WHEREAS, the term of Robert L. Eberly, MD expired on June 30, 2000, NOW, THEREFORE, BE IT

RESOLVED, that Robert L. Eberly, MD 25 James St., Cortland, NY 13045, be and hereby is re-appointed to the Board of Trustees, Tompkins Cortland Community College, for a nine year term to expire on June 30, 2009.

On the motion of Mr. Harrington, seconded by Mr. O’Mara and adopted, all members present voting aye,

RESOLUTION NO. 369-00

APPOINT MEMBERS

YOUTH BUREAU / YOUTH BOARD

(RICKIE MCCLURE / BRANDY WALTERS)

WHEREAS, openings exist on the Youth Board whereas the following have expressed interest in serving on the Board:

Rickie McClure

1981 Preble Road

Preble NY 13141

Brandy Walters

5994 Baldwin Corners Road

Cincinnatus NY 13040

AND WHEREAS, the Youth Board has voted for both to serve on the Board, NOW, THEREFORE BE IT

RESOLVED that Rickie McClure (Citizen Representative) be appointed by the County Legislature to serve on the Youth Board for a three year term beginning September 1, 2000 and terminating August 31, 2003, AND BE IT FURTHER

RESOLVED that Brandy Walters (Student Representative) be appointed by the County Legislature to serve on the Youth Board for a one year term beginning September 1, 2000 and terminating August 31, 2001.

On the motion of Mrs. Price, seconded by Mrs. Brown and adopted, all members present voting aye,

RESOLUTION NO. 370-00

APPROVAL TO FILL

TREASURER’S OFFICE

SR. ACCOUNT CLERK

WHEREAS, the position of Sr. Account Clerk in the Treasurer’s Office is vacant, AND

WHEREAS, the Finance and Administration Committee recommends that the position be filled, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Sr. Account Clerk, Grade 7, $20,068 - $22,409, competitive class, in the Treasurer’s Office.

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mrs. Price, seconded by Mrs. Meiczinger and adopted, all members present voting aye,

RESOLUTION NO. 371-00

AUTHORIZE AGREEMENT

REAL PROPERTY TAX SERVICES

WHEREAS, the position of Real Property Appraisal Technician in the Cortland County Real Property Tax Service Agency was created to aid the area assessors and municipalities in their efforts to maintain equitable assessments, AND

WHEREAS, it is the intention of the Real Property Tax Services Agency to offer the services of the Real Property Appraisal Technician to area assessors and contractors for support in data collection, data entry, PC valuation, etceteras, at a reasonable charge, in an effort to offset the cost of this position to the county, AND,

WHEREAS, the town of Throop in Cayuga County is in the process of completing an assessment update and has requested data collection support, NOW THEREFORE BE IT

RESOLVED, that the chairman of the Cortland County Legislature, upon review by the County Attorney, be and hereby is authorized to execute an agreement with the town of Throop to perform the services described above according to the following terms:

Complete collection, approximately 153 parcels (new cards/no interior inspection/no data entry)

Contractual fee: $2,500

Allocated as follows: $2,000 data collection; $500 mileage

(approximate mileage Cortland/Throop one-way: 35 miles)

Cortland County to supply scratch pads/pencils

Town of Throop to provide data collection cards.

Agenda Item No. 10 (Adopt Local Law No. 4 For The Year 2000: A Local Law In Relation To The Sale By Cortland County Of Its Rights To Receive Payments Expected To Become Due Under The Master Settlement Agreement And The Related Consent Decree And Final Judgment With Various Tobacco Companies) was introduced by Mrs. Price and seconded by Mr. Teeter. Mr. John C. Shehadi, from Fiscal Advisors & Marketing, Inc., gave a brief explanation of the process and said it was his responsibility to help the County make a decision. Mr. Forbes voiced the opinion that this deal was born in some back room on Wall Street with the sole purpose being for Paine Webber, Inc. to make money. Mr. Plew agreed with Mr. Forbes and added the he had been following the tobacco stocks and they had remained stable. He said the tobacco companies had raised the price of cigarettes again to cover their losses and they would be around for a long time. He said he would not support this proposal because Cortland County could make more money with the longer-term settlement. Mr. Thomas asked how anyone could vote for the quick fix, particularly after the opinions expressed during the public hearing? And Mrs. Brown wondered why only sixteen out of fifty seven counties were going with the securitization of tobacco funds? Mr. VanDee said Paine Webber wanted to make money off the County and he was convinced that the tobacco companies were not going anywhere. Agenda No. 10 was defeated on a roll call vote with all members present voting nay, except Mrs. Price voting aye, and Mrs. Contento recorded absent.

Proposed Local Law No. 4 for the year 2000

A Local Law in relation to the sale by Cortland County of its rights to receive payments expected to become due under the Master Settlement Agreement and the related Consent Decree and Final Judgment with various tobacco companies.

Be it Enacted by the Legislature of the County of Cortland as follows:

SECTION 1. LEGISLATIVE INTENT

The Legislature hereby finds that:

59321. The County of Cortland is entitled to receive payments under the Master Settlement Agreement (hereinafter, the "MSA") and the Consent Decree and Final Judgment of the Supreme Court of the State of New York, County of New York, dated December 23, 1998 (hereinafter, as the same may be amended or modified, the "Decree") in the class action entitled State of New York et al. v. Philip Morris Incorporated, it al. (Index No. 400361/97); and

59322. In order to secure to present generations a portion of the benefits intended to be conferred by the MSA and the Decree it is necessary or desirable for the County to sell all or a portion of its rights, title and interest in, to and under the Decree and in and to the moneys payable to the County under the MSA and the Decree (all such rights, title and interest hereinafter collectively referred to as the "Tobacco Settlement Revenues") to a local development corporation to be created by the County pursuant to the Not-For-Profit Corporation Law of the State of New York.

SECTION 2. AUTHORITY

Authorization to take all actions necessary to effect sales and to benefit from the consideration to be received from such sales.

The County is hereby authorized to sell to the said local development corporation, and to take any and all action necessary or desirable to effect one or more sales to the said local development corporation of, the County’s rights, title and interest in and to all or a portion of the Tobacco Settlement Revenues and to take any and all actions necessary or desirable to enable the County to benefit from the consideration to be received from any such sale. The Chairman of the County Legislature or his designee(s) may approve the terms and conditions of any such transaction and the form and substance of any agreement of sale or other document necessary or desirable to effect any such transaction including the power to execute and deliver any such agreement or other document as may be approved by the person executing the same and to take any and all other actions necessary or desirable to enter into, facilitate or consummate such transaction, including agreeing to pay certain fees and expenses which will be payable regardless of whether or not such transaction is consummated. The County shall use the initial proceeds to be received from said corporation from such sale to finance capital projects and or to finance the defeasance of County obligations. It is the intent of this local law that a sale by the County of Tobacco Settlement Revenues to the said local development corporation is, and it is hereby deemed to be, a true sale and not a borrowing.

SECTION 3. LOCAL DEVELOPMENT CORPORATION

The Chairman of the County Legislature or his designee(s) is hereby authorized to take all actions necessary to create a corporation pursuant to the New York Not-For-Profit Corporation Law section 1411 (hereinafter, the "Corporation"). The Corporation shall be granted all powers as may be deemed necessary by the Chairman of the County Legislature or his designee(s), which powers shall include, but not be limited to, the power to purchase from the County its right, title and interest in and to all or a portion of the Tobacco Settlement Revenues, to issue bonds, notes and other evidence of indebtedness and other securities and to incur other obligations, to create and transfer assets of the corporation to a trust or other entity, and to take all other actions as may be necessary in connection therewith.

It is the specific intention of the Legislature that the purpose and scope of the Corporation be limited to the transaction contemplated by this local law including the purchase of Tobacco Settlement Revenues from the County, the financing of such purchase and related transactions.

SECTION 4. COVENANT AND AGREEMENT

The County is hereby authorized to covenant and agree with the Corporation in a transaction contemplated by this local law for the benefit of the Corporation and the holders from time to time of any bonds, notes or other obligations or other securities (hereinafter collectively, the "Securities") issued by the Corporation that the County will not limit or alter the rights of the Corporation to fulfill the terms of its agreements with the holders of the Securities or in any way impair the rights and remedies of such holders or the security for the Securities until the Securities, together with the interest due thereon or payable in respect thereof and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The Chairman of the County Legislature or his designee(s) is granted the power to make such a covenant to and agreement with the Corporation and to take any and all actions necessary or desirable to cause such covenant to and agreement with the Corporation and to take any and all actions necessary or desirable to cause such covenant and agreement to be made or enforced. The Corporation is hereby authorized to assign to or for the benefit of the holders of its Securities any covenant or agreement made by the County pursuant to this Section.

SECTION 5. EFFECTIVE DATE

This local law takes effect upon filing in the office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law.

On the motion of Mrs. Richards, seconded by Mr. Stoker and adopted, all members present voting aye,

RESOLUTION NO. 372-00

APPROVAL TO FILL

MENTAL HEALTH DEPARTMENT

CERTIFIED SOCIAL WORKER/STAFF SOCIAL WORKER

WHEREAS, the position of Certified Social Worker in the Mental Health Department will become vacant due to resignation, AND

WHEREAS, the Health and the Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of CSW, Grade 20, $31,107 - $35,208, in the Mental Health Department on or after August 11, 2000, AND BE IT FURTHER

RESOLVED, that the Director of Community Mental Health be given further permission to backfill a Staff Social Worker position, Grade 19, $29,986 - $33,907, should that position become vacant due to promotion to the CSW position, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the person(s) holding said position(s) in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mrs. Richards, seconded by Mrs. Meiczinger and adopted, all members present voting aye,

RESOLUTION NO. 373-00

APPROVAL TO FILL

HEALTH DEPARTMENT/NURSING DIVISION

(RPN/PHN)

WHEREAS, a nurse position in the Health Department – Nursing Unit is vacant due to resignation, AND

WHEREAS, the Health and the Finance and Administration Committees recommend that the position be filled, NOW, THEREFORE BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of either a RPN, non-competitive class, $13.17 - $16.96/hr, or a PHN, competitive class, $16.47-18.28/hr in the Health Department – Nursing Unit, on or after August 9, 2000.

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the person holding said position in biweekly installments in accordance with the NYSNA Contract.

On the motion of Mrs. Richards, seconded by Mr. Dafoe and adopted, all members present voting aye,

RESOLUTION NO. 374-00

APPROVAL TO FILL

HEALTH DEPARTMENT/JACOBUS CENTER FOR REPRODUCTIVE HEALTH

PUBLIC HEALTH PROJECTS COORDINATOR

WHEREAS, the position of Public Health Projects Coordinator in the Health Department – JCRH Division, will become vacant due to resignation, AND

WHEREAS, the Health and the Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Public Health Projects Coordinator, Grade 12, $23,512 - $26,403, in the Health Department – JCRH Division, on or after August 18, 2000.

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted all members present voting aye,

RESOLUTION NO. 375-00

APPROVAL TO FILL

HEALTH DEPARTMENT/EDUCATION DIVISION

PUBLIC HEALTH EDUCATOR

WHEREAS, the position of Public Health Educator in the Health Department – Education Division, will become vacant due to promotion, AND

WHEREAS, the Health and the Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Public Health Educator, $26,021-29,311, in the Health Department – Education Division, on or after August 28, 2000.

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye,

RESOLUTION NO. 376-00

ABOLISH/CREATE/APPROVAL TO FILL

HEALTH DEPARTMENT/ EDUCATION DIVISION

WHEREAS, the needs of the agency will be better served by reclassifying one position of Public Health Projects Coordinator, AND

WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Public Health Educator, NOW, THEREFORE, BE IT

RESOLVED, that one position of Public Health Projects Coordinator, Grade 12, $23,512-26,403, Salary Grade Plan, be and hereby is abolished, AND BE IT FURTHER

RESOLVED, that one position of Public Health Educator, Grade 15, $26,021-29,311, be created with approval to fill effective 8/9/00, AND BE IT FURTHER

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in this newly created position in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mr. Teeter, seconded by Mr. Dwyer and adopted, all members present voting aye,

RESOLUTION NO. 377-00

AUTHORIZE PURCHASE AGREEMENT

HIGHWAY DEPARTMENT

LORING CROSSING/EAST RIVER ROAD INTERSECTION

WHEREAS, the County Highway Department plans to reconstruct the Loring Crossing/East River Road intersection in the Town of Cortlandville, AND

WHEREAS, in connection with said project it is necessary that the County acquire Fee on a certain parcel of land, AND

WHEREAS, the Highway Committee has recommended the purchase of said Fee at the consideration of Three Hundred and Twenty Five Dollars, NOW, THEREFORE BE IT

RESOLVED, that the County of Cortland purchase the Fee of 0.09 acres from the land owners thereof for the consideration specified in the report of the Highway Committee.

MAP NO. OWNER CONSIDERATION

548-R-1 Archie & Marlene Loomis $325.00

AND BE IT FURTHER RESOLVED, that the payments for said Fee be charged against the Loring Crossing/East River Road Project No.D51125.57236.

Mr. O'Mara questioned why the purchase was being made and Mr. Eggleston, Superintendent of Highway, said the intersection had a poor alignment and it needed to be corrected.

On the motion of Mr. Teeter, seconded by Mr. Law and adopted, all members present voting aye, except Mr. Harrington voting nay and Mrs. Contento recorded absent,

RESOLUTION NO. 378-00

APPROVAL TO FILL

HIGHWAY DEPARTMENT

(AUTOMOTIVE MECHANIC)

WHEREAS, the position of Automotive Mechanic in the Highway Department will become vacant due to retirement, AND

WHEREAS, the Highway/Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Automotive Mechanic, ($13.64 - $14.80/hr., Salary Grade Plan, Non-Competitive class), in the Highway Department on or after August 9, 2000.

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the incumbent in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mr. Teeter, seconded by Mr. Dwyer and adopted, all members present voting aye,

RESOLUTION NO. 379-00

APPROVAL TO FILL

HIGHWAY DEPARTMENT

ACCOUNT CLERK TYPIST (PT)

WHEREAS, the position of Account Clerk Typist (PT) in the Highway Department will become vacant due to a resignation, AND

WHEREAS, the Highway Committee/Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Account Clerk Typist (PT not to exceed 17 hrs/week), Grade 5, $10.39/hr, competitive class, in the Highway Department on or after August 9, 2000.

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the incumbent in biweekly installments in accordance the County Salary and Grade Plan.

On the motion of Mr. Boise, seconded by Mr. Stoker and adopted, all members present voting aye,

RESOLUTION NO. 380-00

AMEND BUDGET

AREA AGENCY ON AGING

RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP)

WHEREAS, the Corporation for National Service has allocated additional funds in the amount of $1,100.00 for the RSVP Program for the period April 1, 2000 through March 31, 2001, NOW, THEREFORE, BE IT

RESOLVED, that the 2000 County Budget be and hereby is amended by appropriating the sum of $1,100.00 to Account A76225.54045, RSVP – Travel, AND BE IT FURTHER

RESOLVED, that said books and records be and hereby are further amended by appropriating revenues of $1,100.00 in Account A762244.44803, Federal Revenue – RSVP, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to make to above changes on his books and records for 2000.

Prior to the vote, Mr. Thomas asked for and received unanimous approval to abstain from voting on Agenda No. 20. On the motion of Mr. Boise, seconded by Mr. VanDee and adopted, all members present voting aye, except Mr. Thomas abstaining and Mrs. Contento recorded absent,

RESOLUTION NO. 381-00

AMEND BUDGET

AREA AGENCY ON AGING

(WEATHERIZATION REFERRAL AND ASSISTANCE PROGRAM – WRAP)

WHEREAS, the Cortland County Area Agency on Aging has received additional funds in the amount of $6,053.00 for the Weatherization Referral and Assistance Program (WRAP) for the period August 1, 1999 through November 30, 2000, NOW, THEREFORE, BE IT

RESOLVED, that the 2000 County Budget be and hereby is amended by appropriating the sum of $6,053.00 to Account A67955.54055, Professional Services, AND BE IT FURTHER

RESOLVED, that said books and records be and hereby are further amended by appropriating revenues of $6,053.00 in Account A679544.43788, State Aid – WRAP, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to make the above changes on his books and records for 2000.

On the motion of Mr. Boise, seconded by Mrs. Richards and adopted, all members present voting aye, except Mr. Plew voting nay and Mrs. Contento recorded absent,

RESOLUTION NO. 382-00

ABOLISH/CREATE/FILL POSITION

DEPARTMENT OF SOCIAL SERVICES

KEYBOARD SPECIALIST/CASE SUPERVISOR GRADE B

WHEREAS, the needs of the agency will be better served by reclassifying one position of Keyboard Specialist, AND

WHEREAS, the Personnel Officer has classified the new duties as appropriate to the title of Case Supervisor, Grade B, NOW, THEREFORE, BE IT

RESOLVED, that one position of Keyboard Specialist, Grade 4, $18,375-20,445, competitive class, be and hereby is abolished, AND BE IT FURTHER

RESOLVED, that one position of Case Supervisor, Grade B, Grade 18, $28,924 - $32,676, competitive class, be and hereby is created with approval to fill on or after August 9, 2000, AND, BE IT FURTHER

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to pay the incumbent in this newly created position in biweekly installments in accordance with the General Unit CSEA Salary Grade Plan.

Mr. Plew noted the significant salary increase and asked if the same person was taking the new position. Mr. Hurlbut, Director of Personnel/Civil Service, said the keyboard specialist position was vacant and there was a need for a new supervisor.

On the motion of Mr. Boise, seconded by Mrs. Richards and adopted, all members present voting aye,

RESOLUTION NO. 383-00

APPROVAL TO FILL

DEPARTMENT OF SOCIAL SERVICES

SR. CASEWORKER

WHEREAS, the position of Senior Caseworker in the Department of Social Services will become vacant due to promotion, AND

WHEREAS, the Human Resources/Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Sr. Caseworker, Grade 16, $26,941 - $30,377, Competitive Class, in the Department of Social Services on or after August 9, 2000.

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the General Unit CSEA Salary Grade Plan.

On the motion of Mr. Boise, seconded by Mr. Thomas and adopted, all members present voting aye,

RESOLUTION 384-00

APPROVAL TO FILL

DEPARTMENT OF SOCIAL SERVICES

CASEWORKER

WHEREAS, the position of Caseworker in the Department of Social Services will become vacant due to promotion, AND

WHEREAS, the Human Resources/Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Caseworker, Grade 14, $25,147 - $28,298, Competitive Class, in the Department of Social Services on or after August 9, 2000.

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the General Unit CSEA Salary Grade Plan.

On the motion of Mr. Boise, seconded by Mrs. Meiczinger and adopted, all members present voting aye,

RESOLUTION NO. 385-00

APPROVAL TO FILL

DEPARTMENT OF SOCIAL SERVICES

CASEWORKER (TEMPORARY)

WHEREAS, the position of Caseworker (temporary) in the Department of Social Services will become vacant due to a resignation, AND

WHEREAS, the Human Resources/Finance and Administration Committees recommend that the position be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Caseworker (Grade 14, $25,147-28,298, competitive class) in the Department of Social Services on or after August 9, 2000.

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the General Unit CSEA Salary Grade Plan.

On the motion of Mr. Boise, seconded by Mr. Cornell and adopted, all members present voting aye,

RESOLUTION NO. 386-00

AMEND BUDGET

DEPARTMENT OF SOCIAL SERVICES

(NYS DIVISION OF TEMPORARY ASSISTANCE)

HOME ENERGY ASSISTANCE PROGRAM (HEAP)

WHEREAS, additional 100% Federal funds have been allocated for the Home Energy Assistance Program for 1999 – 2000, NOW THEREFORE, BE IT

RESOLVED, that the County Budget be and hereby is amended by appropriating the sum of $170,000 to Account A61415.54800 HOME ENERGY ASSISTANCE PROGRAM, AND BE IT FURTHER

RESOLVED, that said books and records be hereby further amended by revenue in Account A605544.44641 FEDERAL AID HOME ENERGY ASSISTANCE PROGRAM in the amount of $170,000, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is directed to make the above changes to his 2000 books and records.

On the motion of Mr. Boise, seconded by Mr. Cornell and adopted, all members present voting aye,

RESOLUTION NO. 387-00

APPROVAL TO FILL

OFFICE OF EMPLOYMENT AND TRAINING

ACCOUNT CLERK

WHEREAS, the position of Account Clerk in the Employment and Training Department is vacant, AND

WHEREAS, the Human Resources and the Finance and Administration Committees recommend that the position be filled, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Account Clerk, Grade 5, $18,912-21,067, in the Employment and Training Department on or after August 9, 2000.

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the General Unit CSEA Salary Grade Plan.

On the motion of Mr. O’Mara, seconded by Mrs. Price and adopted, all members present voting aye,

RESOLUTION NO. 388-00

APPROVAL TO FILL

PUBLIC DEFENDER’S OFFICE

ASSISTANT PUBLIC DEFENDER

WHEREAS, Assistant Public Defender in the Public Defender’s Office will become vacant due to resignations, AND

WHEREAS, the Judiciary and Public Safety and the Finance and Administration Committees recommend that the positions be filled upon vacancy, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of either two part-time or one full-time Assistant Public Defender position(s), non-competitive class, salary range of $43,600 to $44,036, Management Compensation Plan, in the Public Defender’s Office at the discretion of the Public Defender, on or after September 4, 2000, AND BE IT FURTHER

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in this position in biweekly installments in accordance with the Management Compensation Plan effective on or after September 4, 2000.

On the motion of Mr. O’Mara, seconded by Mr. Thomas and adopted, all members present voting aye,

RESOLUTION NO. 389-00

AUTHORIZE TRAVEL

FIRE & EMERGENCY MANAGEMENT

(D. TANNER)

WHEREAS, David Tanner has requested to attend a seminar entitled "Transportation Hazmat Incidents – Are You Really Prepared?" that is being hosted by Region III of the Environmental Protection Agency in Wilkes-Barre, PA on 15 August 2000, AND

WHEREAS, a Hazard Analysis Workshop conducted last year determined a transportation incident involving hazardous materials to be one of the higher ranked hazards facing Cortland County, NOW, THEREFORE, BE IT

RESOLVED that the Cortland County Legislature does hereby approve the travel request in an amount not to exceed $150.00.

On the motion of Mr. O’Mara, seconded by Mr. Dwyer and adopted, all members present voting aye,

RESOLUTION NO. 390-00

APPROVAL TO FILL

PROBATION DEPARTMENT

(PRINCIPAL ACCOUNT CLERK)

WHEREAS, the position of Principal Account Clerk in the Probation Department is vacant, AND

WHEREAS, the Judiciary and Public Safety and the Finance and Administration Committees recommend that the position be filled, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Principal Account Clerk, (Grade 12, $23,512 - $26,403), in the Probation Department.

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installment in accordance with the County Salary and Grade Plan.

Mr. O’Mara withdrew Agenda No. 30 (Authorize Agreement, Sheriff’s Department [Jail Physician]).

On the motion of Mr. O’Mara, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. O’Mara, Mr. VanDee, Mr. Teeter, Mr. Dafoe, Mr. Stoker, Mr. Cornell and Mr. Harrington voting nay and Mrs. Contento recorded absent,

RESOLUTION NO. 391-00

AUTHORIZE AGREEMENT

SHERIFF’S DEPARTMENT

(NYS SECURITY SERVICES TO CORTLAND COUNTY COURTS)

RESOLVED, that the County Sheriff with the approval of the County Attorney be and hereby is authorized to execute a contract renewal between the State of New York and the County of Cortland providing for the security services to the County and Supreme Courts of Cortland County for the period of April 1, 2000 through March 31, 2001, as well as the base contractual extensions for the fiscal years 2001 through 2005, be it further

RESOLVED, that said amounts shall be charged to account A31110.1 County Court and Account A1135.1 Supreme Court.

Mr. O’Mara said the item went through the committee with everyone voting for it except him. He said he felt strongly that as long as it was there, everyone needed to use the magnetometer. Mr. Harrington said he was opposed to it then and is unhappy with the situation even now. He agreed with Mr. O’Mara that badges should not be issued because sometimes the biggest problem was with disgruntled employees. Mr. VanDee questioned whether we had a say over our own employees? Mr. O’Mara suggested that a solution was to put the magnetometer on the second floor. Mrs. Price reminded everyone that the present location was an "interim" location and it was the responsibility of the Buildings & Grounds Committee to decide on a permanent location. Mr. Harrington reminded everyone that when New York State says you will provide security, you will! County Attorney Knickerbocker said this resolution was for a contract so Cortland County could get more money.

On the motion of Mr. O’Mara, seconded by Mr. Teeter and adopted, all members present voting aye,

RESOLUTION NO. 392-00

AUTHORIZE TRAVEL

SHERIFF’S DEPARTMENT

(JAMES N. WAGNER)

WHEREAS, the CISCO National Users Group Conference for all CISCO A-CAD software users is offered by CISCO, and

WHEREAS, the seminar will be held at the Holiday Inn Sunspree in Panama City Beach, Florida from October 16 through October 19, 2000, and

WHEREAS, James N. Wagner, Senior Communications Officer in the Cortland County Sheriff’s Department 911 Center has requested to attend, and

WHEREAS, the cost to Cortland County is for food, lodging and transportation, now, therefore, be it

RESOLVED, that James N. Wagner be and hereby is authorized to attend the CISCO Annual Users Group Conference at a cost not to exceed $1,150.00.

On the motion of Mr. O’Mara, seconded by Mr. Plew and adopted, all members present voting aye,

RESOLUTION NO. 393-00

AUTHORIZE TRAVEL

SHERIFF’S DEPARTMENT

(JAMES N. WAGNER)

WHEREAS, the National Emergency Number Association is sponsoring a Managing the 9-1-1 Center Course, and

WHEREAS, the seminar will be held at the Ramada Inn State College in State College, Pennsylvania on September 13, 2000, and

WHEREAS, James N. Wagner, Senior Communications Officer in the Cortland County Sheriff’s Department 911 Center has requested to attend, and

WHEREAS, the cost to Cortland County for food, lodging and conference fee is $315.00, now, therefore, be it

RESOLVED, that James N. Wagner be and hereby is authorized to attend the NENA Managing the 9-1-1 Center Course at a cost not to exceed $315.00.

On the motion of Mr. O’Mara, seconded by Mrs. Price and adopted, all members present voting aye,

RESOLUTION NO. 394-00

AUTHORIZE AGREEMENTS

ALTERNATIVES TO INCARCERATION

(NYS DIVISION OF PROBATION AND CORRECTIONAL SERVICES)

WHEREAS, with the adoption of 1985 Resolution No. 180, the Cortland County Legislature created Alternatives to Incarceration Program, AND

WHEREAS, the County of Cortland has received reimbursement yearly from the State Division of Probation and Correctional Alternatives, AND

WHEREAS, a Service Plan for the New York State funding (1/1/00-12/31/00) has been approved by the Cortland County Alternatives to Incarceration Advisory Board, AND

WHEREAS, that Service Plan calls for an agreement between the County of Cortland and the State Division of Probation and Correctional Alternatives to provide both Pretrial Release and Community Service Programming whereby the County will be reimbursed $27,900.00 for $84,527.00 of local programming, NOW, THEREFORE, BE IT

RESOLVED, that the Chairman of the Legislature, upon approval of the County Attorney, be and hereby is authorized to enter into a agreement with the New York State Division of Probation and Correctional Alternatives for the term of 1/1/00- 12/31/04, whereby in consideration of the total sum of $27,900.00 of the total cost of $84,527.00 for the year 2000 the County of Cortland will provide local Alternatives to Incarceration Programming as set forth in said agreement.

On the motion of Mr. O’Mara, seconded by Mr. Plew and adopted, all members present voting aye,

RESOLUTION NO. 395-00

AUTHORIZE AGREEMENT

REMOVAL AND TRANSPORT SERVICE FOR

CORTLAND COUNTY CORONER’S OFFICE

WHEREAS, the County of Cortland Coroners require removal and transport services for the removal and transport of dead bodies from accident scenes, hospitals or other facilities, NOW, THEREFORE BE IT

RESOLVED, that the County of Cortland enter into an agreement with TLC Emergency Medial Services for the removal of dead bodies from accident scenes, hospitals or other facilities, AND BE IT FURTHER

RESOLVED, that the rate to be included in the agreement for the removal and transport services of dead bodies shall be three hundred seventy five dollars ($375.00) per body, AND BE IT FURTHER

RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to sign the agreement upon approval of the County Attorney as to the terms and conditions of the agreement, including but not limited to the length of the agreement.

On the motion of Mr. O’Mara, seconded by Mr. Dafoe and adopted, all members present voting aye, except Mr. Plew voting nay and Mrs. Contento recorded absent.

RESOLUTION NO. 396-00

DEPARTMENT OF

WHEREAS, On the motion of Mr. O’Mara, seconded by Mr. Dwyer and adopted, all members present voting aye,

RESOLUTION NO. 397-00

AMEND BUDGET

FIRE & EMERGENCY MANAGEMENT

WHEREAS, it has become prudent to replace the County-owned breathing air compressor used to supply a safe air supply for use in the self-contained breathing apparatus of all firefighters in Cortland County, AND,

WHEREAS, the cost for this project is anticipated to be $52,500.00 and only $10,000.00 was initially funded, NOW THEREFORE, BE IT

RESOLVED that the County Treasurer be and hereby is authorized and directed to transfer funds in the amount of 42,500.00 from Contingency Fund #A19905.54775 to Account #A34105.52015, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to make the above changes on his books and records for 2000.

On the motion of Mr. Dwyer, seconded by Mr. O’Mara and adopted, all members present voting aye,

RESOLUTION NO. 398-00

WHEREAS, in the amount of $21,342 for a Microfilm project for Cortland County, NOW, THEREFORE, BE IT

RESOLVED, that the County shall establish Revenue Account A141943 43460 in the amount of $21,342 AND BE IT FURTHER

RESOLVED that the County shall establish Appropriation Accounts as follows:

A14195 51005 Professional Salaries $4,108

A14195 52005 Equipment 7,261

A14195 54080 Purchased Services 10,063

AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to make the above changes on his books and records for 2000.

On the motion of Mr. Dwyer, seconded by Mrs. Price and adopted, all members present voting aye,

RESOLUTION NO. 399-00

AMEND BUDGET/AUTHORIZE AGREEMENT

PHONE SYSTEM

WHEREAS, the County has experienced a number of power failures, and because of the duration between losses of power and the start up of the back-up generator, the telephone system crashes, and

WHEREAS, with sudden losses of power, the PBX is adversely affected and expenses are incurred in correcting the situation, and

WHEREAS, Gaffney, Inc. has made a proposal to install a CER400NT Alpha UPS for $7,200 which will allow the system to remain in operation throughout a power failure, NOW THEREFORE, BE IT

RESOLVED that $7,200 be transferred from A19905.54775 Contingency to A161052.010 CER400NT and BE IT FURTHER

RESOLVED, that the Chairman of the Legislature be and hereby is authorized to sign an agreement, after approval by the County Attorney, with Gaffney, Inc. Syracuse NY to install a CER400NT UPS for $7,200.

On the motion of Mr. Dwyer, seconded by Mrs. Meiczinger and adopted, all members present voting aye, except Mr. Plew voting nay and Mrs. Contento recorded absent,

RESOLUTION NO. 400

CREATE/FILL POSITION

CENTRAL SERVICES/DATA PROCESSING

COMPUTER NETWORK TECHNICIAN

WHEREAS, the Personnel/Civil Service Office has classified a new position of Computer Network Technician in the Data Processing Department, NOW, THEREFORE, BE IT

RESOLVED, one position of Computer Network Technician, Grade 16, $26,941-30,377, be and hereby is created with approval to fill on or after August 9, 2000, AND BE IT FURTHER

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in this newly created position in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mr. Thomas, seconded by Mr. Teeter and adopted, all members present voting aye, except Mrs. Price and Mr. Law voting nay and Mrs. Contento recorded absent,

RESOLUTION NO. 401-00

APPROVAL TO FILL

PLANNING DEPARTMENT

SR. PLANNER

WHEREAS, the position of Sr. Planner in the Planning Department is vacant, AND

WHEREAS, the Planning, Environmental and Agricultural, and the Finance and Administration Committees recommend that the position be filled, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Sr. Planner, Grade 19, $29,986 - $33,907, competitive class, in the Planning Department on or after August 9, 2000.

RESOLVED, that the County Treasurer is hereby authorized and directed to pay the incumbent in biweekly installments in accordance with the County Salary and Grade Plan.

On the motion of Mr. Law, seconded by Mr. Stoker and adopted, all members present voting aye, three special articles were introduced.

On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, all members present voting aye,

RESOLUTION NO. 402-00

SPECIAL AMNESTY DAYS

SOLID WASTE/RECYCLING DEPARTMENT

WHEREAS, there is a need to dispose of items that may hold water for breeding places for certain insects, AND

WHEREAS, the Solid Waste Committee has recommended at their meeting on 8/9/00 to sponsor an amnesty program for all residents and municipalities the week of August 21-August 25, 2000, NOW, THEREFORE, BE IT

RESOLVED, that any county resident or municipality may dispose, at no charge, passenger and truck tires that do not exceed 22" or other items that could hold water and support breeding areas for insects during the week of August 21-August 25, 2000.

Before the vote, Mr. VanDee offered a friendly amendment to limit the size of the tires that were acceptable. Mr. Plew had questioned if a sticker was going to be necessary and was business also allowed to participate in the amnesty day. Mr. VanDee said a drivers license was necessary to prove they were residents of Cortland County and businesses had already been paid to dispose of the tires, so they would not be eligible to participate. Mr. Plew suggested that the County was defeating the purpose of the amnesty day by not allowing businesses to dispose of tires.

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted, all members present voting aye,

RESOLUTION NO. 403-00

AMEND TIRE FEE

SOLID WASTE/RECYCLING DEPARTMENT

WHEREAS, the County Landfill is currently authorized to accept tires at the Landfill for a set fee per tire, AND

WHEREAS, oversized tires coming from heavy equipment are currently assigned a fee of $10.00 (ten dollars) per tire, AND

WHEREAS, the Solid Waste Committee has recommended at their August 9^th, 2000 Committee meeting to change the per tire fee to $20.00 (twenty dollars) per tire, NOW, THEREFORE, BE IT

RESOLVED, that the Department of Solid Waste be and is hereby authorized to charge $20.00 for any tire delivered to the Cortland County Landfill originating or coming from a vehicle where the rim size is larger than 22 inches.

Before the vote, Mr. VanDee offered a friendly amendment to correct a typographical error. The resolution should have read "$20 per tire" not the $75 per ton that was listed.

On the motion of Mrs. Richards, seconded by Mr. VanDee and adopted, all members present voting aye, the legislators went into executive session at 11:18am to discuss contract negotiations. On the motion of Mr. Teeter, seconded by Mrs. Brown and adopted, all members present voting aye, the legislators came out of executive session at 12:22p.m. Mr. Thomas and Mr. Cornell left the session at 11:30a.m.

Ms. M.J. Uttech, Deputy Director of Public Health and Ms. Audrey Lewis, Director of Environmental Health gave a presentation to the legislators on the West Nile Virus. They explained the different approaches necessary to contain the spread of the virus. Since it had not been detected in Cortland County at this time, they requested permission to take preventative steps to stop the spread of the virus.

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye,

RESOLUTION NO. 404-00

AUTHORIZE AGREEMENT FOR LARVACIDE APPLICATIONS

HEALTH DEPARTMENT

WHEREAS, there is a potential health risk resulting from the spread of the West Nile Virus via mosquitoes in Cortland County, AND

WHEREAS, at this time there has not been verification of the West Nile Virus existing in Cortland County, AND

WHEREAS, the Cortland County Legislature is desirous of taking preventative steps to stop the West Nile Virus from causing health problems in Cortland County, NOW, THEREFORE, BE IT

RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to sign an agreement, upon approval of the County Attorney, to provide larvacide applications in the County of Cortland up to $10,000.

Mrs. Price asked County Attorney Knickerbocker to discuss the letter that was received from State Attorney General Elliot Spitzer. Mr. Knickerbocker said the Attorney General would not issue a formal decision in a letter, but the informal decision was that there was not an inherent conflict of interest because Mrs. Sandy Price was majority leader and chairman of the Finance and Administration Committee and Mr. Lee Price was Cortland County Sheriff. Spitzer suggested that to avoid the appearance of impropriety at budget time, the Sheriff’s budget should be voted on separately and then Mrs. Price could vote on the "whole" budget.

Mr. Boise said he wanted to publicly thank Mr. Law for voting for the position of senior planner, so it could come out of committee.

On the motion of Mr. Teeter, seconded by Mr. Wern and adopted, all members present voting aye, the meeting was adjourned at 1:16 p.m.