Chairman Harrington called the meeting to order at 10:08 a.m. and led the salute to the flag. The Clerk called the roll and all members were recorded as present, except Mr. Dafoe absent and Mr. Forbes excused. On the motion of Mr. Dwyer, seconded by Mr. VanDee and adopted, all members present voting aye, the minutes from the previous session were accepted.

Representatives from AFLAC New York explained the benefits of their Personal Lifestyle Protector Cancer Plan. It is a voluntary, supplemental insurance plan "that covers what others don’t". They provided an informational package and told everyone that they would be available for the next week to answer any questions people might have.

On the motion of Mrs. Price, seconded by Mrs. Richards and adopted, all members present voting aye, the Errors & Omissions Report (Joseph N. Dabes) from the Real Property Tax Services office was ordered received and filed.

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

RESOLUTION NO. 294-00

TRANSFER FUNDS

TREASURERS OFFICE

(DEBT PAYMENT COPS GRANT)

WHEREAS, the reimbursement portion of the Cops Grant has only recently been submitted, AND

WHEREAS, the debt payment for the Cops Grant B.A.N. is due on June 16, 2000, AND

WHEREAS, $130,984.73 is lacking for the principle payment, NOW, THEREFORE, BE IT

RESOLVED, that a temporary loan from the General fund be issued from account A139866 to the Cops Grant account H263866 in the amount of $130,984.73, AND BE IT FURTHER

RESOLVED, that the interest due debt revenue account A979145 42741 be increased by $11,187.82 and Cops Grant Interest account A98665 54990 be increased by the same amount, AND BE IT FURTHER

RESOLVED, that $6,655.00 be transferred from A19905 54775 contingency to A98665 54990, COPS GRANT BAN INT, for the balance needed to pay the interest due, as no money was budgeted in the 2000 budget for this payment, AND BE IT FURTHER

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

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

RESOLUTION NO. 295-00

AUTHORIZE A NON-BINDING

LETTER OF INTEREST BE SENT TO

PARTICIPATE IN TOBACCO

SECURITIZATION PLAN

WHEREAS, the County of Cortland is presently receiving payments and is scheduled to continue to receive payments under a Master Settlement Agreement between tobacco manufacturers and various states, AND

WHEREAS, the monetary payment amounts to be received by Cortland County are not guaranteed as a result of a number of variables contained in the Master Settlement Agreement, including but not limited to the volume of cigarette consumption in the United States, AND

WHEREAS, a number of municipalities in New York State, California and states throughout the United States have securitized or are considering securitizing the monies they are to receive under the Master Settlement Agreement, and

WHEREAS, the County of Cortland is desirous of continuing to explore the option of securitizing the monies it is to receive under the Master Settlement Agreement, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature does hereby approve and authorize the Chairman of the Cortland County Legislature to send a non-binding letter of interest to Paine Webber, Incorporated and any other appropriate entities indicating the County of Cortland’s interest in securitizing the monies it is to receive under the Master Settlement Agreement.

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

RESOLUTION NO. 296-00

CORRECT TAX WARRANTS, ROLLS & BILLS

REAL PROPERTY TAX SERVICES

(JOSEPH N. DABES)

WHEREAS, the Director of Real Property Tax Services petitioned this Legislature for the purpose of correcting certain errors on the following, made in the 2000 tax roll and payable in 2000:

TAX MAP # ASSESSED TO

145.00-01.122 Joseph N. Dabes

Harford May 17^th, 2000

RESOLVED, that the tax roll, warrants and tax bills of the aforementioned town be corrected as regulated in said applications and that he County Treasurer be and hereby is authorized and directed to make such charge backs, withholding, refunds, payments and denials and to make sure corrections and changes in his books and records as may be necessary by reason of the relief sought in said application.

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

RESOLUTION NO. 297-00

ACCEPT BID/AUTHORIZE AGREEMENT

BUILDINGS AND GROUNDS DEPARTMENT

JAIL BOOKING ROOM MODIFICATIONS

WHEREAS, on April 12, 2000 Resolution No. 179-00 was passed authorizing DJC General Contracting to complete the specified work at the Cortland County Jail, AND,

WHEREAS, notification was received on May 19, 2000 that DJC General Contracting withdrew his commitment, due to bonding difficulties, to complete said work, NOW, THEREFORE, BE IT,

RESOLVED, that the Buildings and Grounds Committee accepts the second low bidder, Paul J. Yaman, Inc., Lorings Crossing Road, Cortland, N.Y. 13045, at $55,500.00, AND, BE IT, FURTHER,

RESOLVED, that the Chairman of this Legislature is hereby authorized to enter into an agreement with Paul J. Yaman, Inc. to complete specified work at the Cortland County Jail, upon approval of the County Attorney.

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

RESOLUTION NO. 298-00

APPROVAL TO FILL

HEALTH DEPARTMENT/NURSING DIVISION

KEYBOARD SPECIALIST (PART-TIME)

WHEREAS, the position of keyboard specialist (part-time) in the Health Department – Nursing Unit will become vacant due to resignation, AND

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

RESOLVED, that the Cortland County Legislature hereby approves the filing of keyboard specialist (part-time) competitive, $10.10/hr., in the Health Department – Nursing Unit, on or after vacancy.

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

RESOLUTION NO. 299-00

PERMISSION TO APPLY

HEALTH DEPARTMENT/SPECIAL PROGRAMS

(OVARIAN CANCER GRANT)

WHEREAS, the Cortland County Health Dept. would like to apply for a grant from the NYS Dept. of Health in the amount of $10,000 for the period 9/1/00 through 3/31/00, AND

WHEREAS, the purpose of this grant would be for education and awareness of Ovarian Cancer, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Health Dept. be given permission to apply for the Ovarian Cancer Grant through the NYS Dept. of Health.

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

RESOLUTION NO. 300-00

TRANSFER FUNDS

HIGHWAY DEPARTMENT

RESOLVED, that with the recommendation of the Cortland County Highway Superintendent there be and hereby is transferred from D95505.54956 Transfer to Construction to said projects:

D51125.57193 Cold Brook Road $100,000.00

D51125.57234 Cheningo Road $100,000.00

D51125.57238 West Scott Road $100,000.00

AND, BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized to make said changes on his books and records.

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

RESOLUTION NO. 301-00

AUTHORIZE AGREEMENT/CLINTON STREET BRIDGE, BIN 3207760

HIGHWAY DEPARTMENT

Authorizing the implementation, and funding in the first instance 100% of the Federal-Aid and State "Marchiselli" Program-aid eligible costs, of a transportation Federal-Aid project, and appropriating funds therefore.

WHEREAS, the rehabilitation of the Clinton Street Bridge P.I.N. 375309, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal Funds and 20% non-Federal Funds; and

WHEREAS, the said project is also eligible for reimbursement of 15% of the project costs through NYSDOT AID (Marchiselli aid); and

WHEREAS, Cortland County desires to advance the Project by making a commitment of 100% of the non-federal share of Scoping, Design (Phases I-VI) & ROW Incidentals.

WHEREAS, the Cortland County Legislature, duly convened does hereby

RESOLVE, that the County Legislature hereby approves the above-subject project; and be it hereby further

RESOLVED, that the County Legislature hereby authorizes the County of Cortland to pay in the first instance 100% of the Federal and non-Federal share of the cost of Design, ROW Incidental work for the Project or portions thereof; and be it further

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to secure the necessary revenue bonds to cover the cost of the said project estimated to be 280,000.00 subject to proposal of the appropriate bond resolution; and be it further

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to establish the following, appropriation account H51285-54005-6920 in the amount of $280,000.00 and the following revenue accounts, Local H512842-42860, State H512843-43817 and Federal H512844-44531; and be it further

RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the Legislature of Cortland County shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and be it further

RESOLVED, that the Chairman of the County Legislature of Cortland County be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid as approved to form by the County Attorney, on behalf of the County of Cortland with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of the Federal-Aid and State-Aid eligible Project costs within appropriations therefore that are not so eligible, and be it further

RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of transportation by attaching it to any necessary Agreement in connection with the Project. And be it further

RESOLVED, this Resolution shall take effect immediately.

Mr. VanDee asked how the projects were picked. Highway Superintendent Joe Eggleston said bridges were inspected every two years and the projects were chosen on a need basis. He said it was federal money used for the repair. Because of some confusion, Mr. O’Mara offered a friendly amendment and was seconded by Mr. VanDee, to include "McGraw" in the title of the resolution.

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

RESOLUTION NO. 302-00

AWARD BRIDGE PAINT CONTRACT

HIGHWAY DEPARTMENT

WHEREAS, the Cortland County Legislature has authorized the Cortland County Bridge Paint Project (PIN 375341) by Resolution No. 579-99,

WHEREAS, the Highway Committee advertised for and received bids for the Painting of Twelve Bridges Throughout Cortland County, AND

WHEREAS, the lowest responsible bid was received from United Eagle Painting Corp., 217 Oliver Street, North Tonawanda, New York 14120,

NOW, THEREFORE, BE IT

RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized and directed to execute a contract with United Eagle Painting Corp. for the construction of the Cortland County Bridge Paint Project in the amount of $ 348,665.00, contingent upon New York State Department of Transportation approval of the said contract. AND BE IT FURTHER

RESOLVED, that the project costs be charged to Account H5121.2 – H68.

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

RESOLUTION NO. 303-00

AWARD PILE DRIVING CONTRACT

HIGHWAY DEPARTMENT

WHEREAS, there is a need to replace a bridge on the East Freetown Texas Valley Road (BIN 3367050), AND

WHEREAS, the Highway Department advertised for and received bids for the installation of steel bearing piles, AND

WHEREAS, the lowest responsible bid was received from J & E Pile Driving Inc., 6456 East Taft Road, East Syracuse, New York 13057,

NOW, THEREFORE, BE IT

RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized and directed to execute a contract with J & E Pile Driving Inc., for the installation of steel piles for the E. Freetown Texas Valley Bridge Replacement Project in the amount of $25,202.56, AND BE IT FURTHER

RESOLVED, that the project costs be charged to Account D51125.57232.

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

RESOLUTION NO. 304-00

AUTHORIZE TRAVEL

AREA AGENCY ON AGING/NUTRITION

(J. MANEY)

RESOLVED, that Joyce Maney, Nutrition Program Director, be and hereby is authorized to attend the Meals on Wheels of America conference in Los Angeles, California, September 15-20, 2000, and that she be reimbursed for her expenses in conjunction therewith, subject to audit by the County Auditor, in an amount not to exceed $1,200.00.

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

RESOLUTION NO. 305-00

AUTHORIZE TRAVEL

DEPARTMENT OF SOCIAL SERVICES

(JANE ROGERS, BARBARA RYAN,

C. JULIE BECKER, BRIAN MOORE)

WHEREAS, the New York Public Welfare Association Summer Conference is being held in Saratoga Springs, New York, on July 16-19,2000, AND

WHEREAS, the issues and presentations being discussed directly relate to the Cortland County Department of Social Services programs, services, and budget, AND

WHEREAS, the costs exceeds $500.00 (total of $2,292.00 with a local share of $458.40), permission to attend the conference requires Legislative approval, NOW THEREFORE, BE IT

RESOLVED, that Jane E. Rogers, Barbara Ryan, C. Julie Becker and Brian Moore Be and hereby are authorized to attend the aforementioned conference at a total cost not to exceed $2,292.00.

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

RESOLUTION NO. 306-00

AUTHORIZE TUITION

DEPARTMENT OF SOCIAL SERVICES

(BRIAN MOORE)

WHEREAS, Brian Moore, Sr. Caseworker, has requested permission to enroll in a class at Empire State College and has received the necessary approval from the Department Head, NOW, THEREFORE, BE IT

RESOLVED, that said employee be and hereby is authorized to enroll at Empire State College for Cultural Values and Social Institutions, AND BE IT FURTHER

RESOLVED, that this Legislature hereby authorizes and directs the County Treasurer to reimburse Brian Moore $1,020.40 for 100% cost of tuition and fees

upon his successful completion of said coursework.

On the motion of Mr. Boise, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. Plew, Mr. Wern and Mr. Harrington voting nay and Mr. Dafoe recorded absent and Mr. Forbes recorded excused,

RESOLUTION NO. 307-00

AUTHORIZE TUITION

DEPARTMENT OF SOCIAL SERVICES

(BRIAN MCKEE)

WHEREAS, Brian McKee, Case Supervisor Grade B, has requested permission to enroll in three classes at Syracuse University and has received the necessary approval from the Department Head, NOW, THEREFORE, BE IT

RESOLVED, that said employee be and hereby is authorized to enroll at Syracuse University for Children & Families in the Social Environment, Field Instruction, and Fundamentals of Social Work Practice, AND BE IT FURTHER

RESOLVED, that this Legislature hereby authorizes and directs the County Treasurer to reimburse Brian McKee $5,337.00 for 100% cost of tuition and fees upon his successful completion of said coursework.

Mr. Plew suggested that it was a lot of money and something should be in place to assure people do not leave County employment as soon as the course work is complete. Mrs. Brown reminded everyone that there is nothing in the contract to protect the County under those circumstances. Mr. Stoker thought the contract should be changed to have people pay at least a portion of the tuition bill. Mrs. Meiczinger asked if the nurse’s contract was different and was told that it was and there were a different set of guidelines, including only partial reimbursement for tuition fees.

Mr. Boise withdrew Agenda No. 17 (Approval to Purchase Equipment, Department of Social Services [Shredder Replacement]).

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

RESOLUTION NO. 308-00

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 $175,000 to Account A61415.548000 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 $175,000, 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 Mrs. Richards and adopted, all members present voting aye,

RESOLUTION NO. 309-00

AUTHORIZE AGREEMENT

OFFICE OF EMPLOYMENT AND TRAINING

(PROFESSIONAL SERVICES-SUMMER YOUTH EMPLOYMENT & TRAINING

PROGRAM-ACADEMIC ENRICHMENT)

RESOLVED, that the Chairman of the Cortland County Legislature be and hereby is authorized and directed to execute a contractual agreement with Onondaga-Cortland-Madison (OCM) BOCES to provide academic enrichment including reading and math remediation instruction to participants in the Office of Employment & Training Summer Youth Program as appropriate. The amount paid for these services is $6,729.15 AND BE IT FURTHER

RESOLVED, that the cost of said contract shall be paid from JTPA, WIA and TANF Youth Program funds available to the Cayuga-Cortland Workforce Investment Area, AND BE IT FURTHER

RESOLVED, that the County Treasurer, the Department of E&T be and hereby are authorized to make payments to OCM BOCES in accordance with the terms of the executed contract.

On the motion of Mr. Boise, seconded by Mrs. Price and adopted, all members

present voting aye,

RESOLUTION 310-00

CREATE/ FILL TEMPORARY POSITIONS

OFFICE OF EMPLOYMENT AND TRAINING

(SEASONAL AIDES AND SPECIAL PROGRAMS COUNSELORS)

WHEREAS, the Personnel/Civil Service Office has classified new temporary positions of Seasonal Aides and Special Programs Counselors, NOW THEREFORE BE IT

RESOLVED, that two hundred (200) temporary positions of Seasonal Aide, $5.15/hr, labor class, pending NYSCS classification, be and hereby are created with approval to fill from 6/26/00 through 9/22/00, AND BE IT FURTHER

RESOLVED, that three (3) temporary Special Programs Counselors, grade 8, $11.37/hr, competitive class, be and hereby are created with approval to fill from 6/14/00 through 9/29/00, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature grants permission to refill these positions should vacancies occur during the above dates, AND BE IT FURTHER

RESOLVED, that the Cortland County Treasurer be and hereby is authorized and directed to pay the persons holding the above positions in biweekly installments.

Mr. Stoker asked if the number 200 was correct and Mr. Boise responded that it was. Mr. Plew asked if it was federal money involved and again Mr. Boise said it was.

On the motion of Mr. O’Mara, seconded by Mr. Thomas and adopted, all members present voting aye, except Mr. Law, Mr. Stoker and Mr. Wern voting nay and Mr. Dafoe recorded absent and Mr. Forbes recorded excused,

RESOLUTION NO. 311-00

AMEND BUDGET

RECREATION PROGRAM

YOUTH BUREAU

WHEREAS, the Judiciary and Public Safety Committee has directed the Youth Bureau Director to conduct a program at Yaman Park for the Summer Recreation Program, and

WHEREAS, CAPCO will be closing the Time Out Program on June 30, 2000 and

WHEREAS, Youth Bureau funds appropriated for the Time Out Program will not be needed for the match, NOW, THEREFORE BE IT

RESOLVED, that $3000.00 in Youth Bureau Administration funds account

A73125.54800 be transferred to the Summer Recreation Program accounts:

A73105.51005 Personnel $1,440.00

A73105.54800 Arts & Crafts Supplies $ 545.00

A73105.52015 Tent $1,015.00

AND BE IT FURTHER RESOLVED, that the County Treasurer be and hereby is authorized and directed to make these changes on the books in accordance with this

resolution.

Mr. Wern asked if the County was paying for the entire program and Mr. O’Mara said the expense was being shared with the City, as in the past. Mrs. Meiczinger questioned the purchase of a tent for this area and Mr. Boise explained that other sights had permanent buildings that could be used. Mrs. Contento reminded everyone that both county and city youth would benefit from this program. Mr. Law said it was a new three thousand-dollar program and wondered if it was going to be a permanent one.

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

RESOLUTION NO. 312-00

AUTHORIZE AGREEMENT

SUMMER RECREATION PROGRAM

YOUTH BUREAU

WHEREAS, the Judiciary and Public Safety Committee has instructed the County Youth Bureau to conduct a program at Yaman Park, and

WHEREAS, the City Youth Bureau proposed to hire a Park Leader and Drama Assistant to conduct programs at Yaman Park and other City parks, and

WHEREAS, the County Youth Bureau will reimburse the City for the positions and supplies, NOW, THEREFORE BE IT

RESOLVED, that the County enter into an agreement with the City Youth Bureau to reimburse the City Youth Bureau for the Park Leader’s position, the Drama Assistant position, and supplies for the program, and BE IT FURTHER

RESOLVED, that the Chairman of the County Legislature be and hereby is authorized and directed to enter into an agreement with the City of Cortland Youth Bureau for the amounts proposed for the Yaman Park program.

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

RESOLUTION NO. 313

AUTHORIZE UNPAID LEAVE OF ABSENCE

SHERIFF’S DEPARTMENT

(MARIE LEWIS)

WHEREAS, Marie Lewis, a Dispatcher in the County Sheriff’s Department has been out of work since April 03, 2000, AND

WHEREAS, Ms. Lewis has exhausted all available leave time, the (12) weeks of Family/Medical Leave which expired May 29, 2000, and a thirty (30)day leave of absence from the Department Head will expire on June 28, 2000, AND

WHEREAS, the employee is not yet able to return to work, NOW, THEREFORE, BE IT

RESOLVED, that Marie Lewis is hereby granted a leave of absence without pay from June 28, 2000 through June 28, 2001 in accordance with Article XIII, Section 2 of the Sheriff’s CSEA contract. Ms. Lewis may return to work prior to June 28, 2001, should she be released by her doctor to return to work.

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

RESOLUTION NO. 314-00

APPROVAL TO FILL

SHERIFF’S DEPARTMENT

DISPATCHER

WHEREAS, the position of Dispatcher in the Sheriff’s Department is vacant due to a leave of absence, AND

WHEREAS, the Judiciary and Public Safety/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 Dispatcher, Grade 10, $25,024 - $26,534, Competitive Class in the Sheriff’s Department on or after June 14, 2000.

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

RESOLUTION NO. 315-00

APPROVAL TO FILL

DEPARTMENT OF WEIGHTS AND MEASURES

(DIRECTOR OF WEIGHTS AND MEASURES)

WHEREAS, the position of Director of Weights and Measures is vacant due to the incumbent being on a medical leave, AND

WHEREAS, the Judiciary and Public Safety and the Finance and Administration Committees recommend that the position be filled effective May 24, 2000 on a temporary basis, until the incumbent returns or the position is filled on a permanent basis, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filing of the Director of Weights and Measures, Grade G of the Management Compensation Plan at $11.00/hr., not to exceed 15 hrs/wk., in the Weights and Measures Department, AND BE IT FURTHER,

RESOLVED, that the Cortland County Treasurer is hereby authorized and directed to pay the incumbent in the above-mentioned position in biweekly installments in accordance with the Management Compensation Plan.

Agenda No. 26 (Sheriff’s Department Negotiations) was introduced by Mr. O’Mara and seconded by Mr. VanDee. The discussion began with Mrs. Contento stating she would vote against this resolution. She said the Probation Department had made a justifiable request and was denied and we cannot deny one department and allow the contract to be reopened for another. Mr. Plew said he was 100% in favor of the raises but was against reopening a contract. Mrs. Richards agreed with him and said it set bad precedent. Mr. Thomas agreed that they were underpaid, but did not want to grant an across the board increase. He felt raises should be based on longevity and merit. Mr. VanDee said he was in favor of reopening the contract because this also involved the safety of county employees. Mr. O’Mara said the contract should be reopened because the Probation contract expired December 2000, but the Sheriff’s contract did not expire until December 2001. He listed the overtime pay for the past six months and said the taxpayers and employees were being hurt by the turnover rate. Mr. Thomas questioned the correlation between overtime and the pay scale. He said that Sheriff Price said that increasing salaries would not eliminate overtime. Mrs. Brown agreed with Mr. Thomas. Mr. Boise said we should address the working conditions first and we should talk to the Department of Corrections. He added that the time to address the contract and pay scale is at budget time. Mr. Boise said the money must be put into the budget before any other discussions take place. Mr. Dwyer agreed with Mr. Boise that the legislators had to exhibit financial responsibility and budget for salary increases. Mrs. Price added that for several years the turnover rate has been a problem. She said that the trend to hire, train and then leave for another agency was expensive for Cortland County. Agenda No. 26 was defeated on a roll call vote with Mr. Cornell, Mrs. Meiczinger, Mr. O’Mara, Mrs. Price, Mr. VanDee and Mr. Wern voting aye (15,513), all others voting nay and Mr. Dafoe recorded absent and Mr. Forbes recorded excused.

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

RESOLUTION NO. 316-00

AMEND RESOLUTION # 265-00

AUTHORIZE LEASE AGREEMENT

PUBLIC DEFENDER’S OFFICE

PHOTOCOPIER

WHEREAS, the Cortland County Planning Department has relocated from the Cortland County Office Building to 4 Lincoln Avenue, Cortland, New York AND

WHEREAS, the Cortland County Planning Department removed the top loading photocopier which they had permitted the Cortland Public Defender’s Office to utilize while at the Cortland County Office Building, to their new offices at 4 Lincoln Avenue, Cortland, New York, AND

WHEREAS, there is a need for the Public Defender’s Office to have a top loading photocopier to copy legal documents, AND

WHEREAS, a lease agreement for a top load photocopier has been proposed, NOW, THEREFORE BE IT

RESOLVED, that the Chairman of the Legislature be and hereby is authorized to enter into this agreement with BCL Capital upon approval of the County Attorney.

Agenda No. 28 (Abolish/Adopt Policy, Management Compensation Evaluation and Administrative Evaluation Forms and Salary Increase Guidelines) was introduced by Mr. Dwyer and seconded by Mrs. Price. Mr. VanDee said he thought this evaluation procedure was worse than the previous one. Mr. Law asked who was going to make the recommendations and Mr. Dwyer responded that each program committee made the recommendations. Mr. Stoker said some committees didn’t pay attention to it in the past and asked what had changed to make this different? Mr. Law made a motion to table Agenda No. 28 until there were answers to the questions, was seconded by Mr. Thomas and adopted, with all members present voting aye, except Mrs. Price, Mr. Dwyer and Mr. Wern voting nay and Mr. Dafoe recorded absent and Mr. Forbes recorded excused.

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

RESOLUTION NO. 317-00

APPOINT DIRECTOR OF PLANNING AND SET SALARY

PLANNING DEPARTMENT

RESOLVED, that Daniel S. Dineen, 6 Parker Ave., Cortland, NY 13045 be and hereby is appointed as Director of Planning for Cortland County, effective upon notification from New York State Department of State that Local Law No. 2 for 2000 has been received and filed, at an annual salary of $50,900 that will remain in effect until January 1, 2002, AND BE IT FURTHER

RESOLVED, that the Director of Planning qualifies for the fringe benefits pursuant to the Management Compensation Plan, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the Director of Planning in bi-weekly installments in accordance with the salary set by this resolution.

Before the vote, Mr. Thomas offered a friendly amendment changing the effective date to coincide with notification from the Department of State that Local Law No. 2 for 2000 was received and filed. Mr. Plew asked if the salary was at midpoint and Mr. Thomas said it was slightly above midpoint.

At this point Mr. Teeter requested permission to change his vote on Agenda No. 26 (Sheriff’s Department Negotiations). Mr. Law asked for a Point of Order and Chairman Harrington ruled that the vote could not be changed because business had been transacted since the vote.

On the motion of Mr. Thomas, seconded by Mrs. Richards and adopted, all members present voting aye, except Mr. VanDee voting nay and Mr. Dafoe recorded absent and Mr. Forbes recorded excused,

RESOLUTION NO. 318-00

CREATE/ FILL POSITION

PLANNING DEPARTMENT

(GIS SPECIALIST TRAINEE)

WHEREAS, the Personnel/Civil Service Office has classified a new position of GIS Specialist Trainee in the Planning Department, NOW, THEREFORE, BE IT

RESOLVED, one position of GIS Specialist Trainee, (Grade 18, $28,924-32,676) be and hereby is created with approval to fill on or after June 14, 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 Grade Plan.

Mr. Wern asked if the salary was in the budget and was reassured that it was.

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

RESOLUTION NO. 319-00

APPROVAL TO FILL

SOLID WASTE/RECYCLING

RECYCLING ATTENDANT (PT)

WHEREAS, the position of Recycling Attendant in the Solid Waste/Recycling Department has become vacant due to resignation, AND

WHEREAS, the Solid Waste Committee and the Finance and Administration Committee recommend that the position be filled, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Recycling Attendant, part-time at $8.50/hr., Labor Class, in the Solid Waste/Recycling Department on or after June 14, 2000.

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

RESOLUTION NO. 320-00

APPROVAL TO FILL

SOLID WASTE/RECYCLING

RECYCLING EQUIPMENT OPERATOR/MECHANIC

WHEREAS, the position of Recycling Equipment Operator/Mechanic in the Solid Waste/Recycling Department has become vacant, AND

WHEREAS, the Solid Waste Committee and the Finance and Administration Committee recommend that the position be filled, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Recycling Equipment Operator/Mechanic, $12.60 - $13.64/hr., Non-competitive class in the Solid Waste/Recycling Department on or after June14, 2000.

Chairman Harrington declared a recess at 11:22 a.m. The Legislative Session resumed at 11:33 a.m.

The Clerk read Special Article No. 1, Authorization to Commence Legal Action. Chairman Harrington explained that there had been weeks of discussions with various officials, the County Attorney and constituents concerning the issue of the potential rock concert at the Cortland County Fairgrounds. Mr. O’Mara said the resolution had passed through the Judiciary and Public Safety Committee unanimously so it could be brought to the Legislature for full discussion. He stressed that the proposed concert had no affiliation with Cortland County. Mr. O’Mara said that Mr. Nicholas Papatonis, sponsor of The Musicstock CNY Rock For Hunger Festival, was present to answer questions. Mr. O’Mara asked that Mr. Papatonis be granted Privilege of the Floor. Mr. Papatonis told everyone that the concert was a charity event with food donations being given to the various Central New York food banks. He expected it to be a small three-day event with perhaps 500 people attending. He said there were fourteen corporate sponsors for this charity event, it was free and should present no problems. It was his intent to have the musicians act as security personnel when they were not performing on stage. Mr. Thomas said he appreciated the fact that it was for charity, but he questioned the estimated number of people who were going to attend, particularly since it was advertised on the Internet. Mr.Papatonis said the Internet was not the main source of advertising. 

Mr. Thomas said he had concerns about the poor planning that was going into the concert. Mrs. Richards said she was worried about volunteers being the only security personnel available. Mr. Papatonis said he did not have money for paid security. Mr. Teeter said he represents seniors and businesses in that area and he was not sure they wanted a rock concert. A number of Legislators were concerned with the lack of security and the inability to really secure the area. With that in mind, Mr. VanDee asked how people were going to be turned away if more then the expected numbers came. Mr. Papatonis said it was obvious that everyone was against the rock concert and he intended to tell the television stations that Cortland was against the charity event.

Ms. Gailor, Director of Public Health, said that Mr. Papatonis did not adequately address the list of County concerns that had emerged from their meetings. Sheriff Price said no permits are needed for the proposed concert, but he is very leery about the numbers being used. He added that Mr. Papatonis has tried to answer the questions, but lacks the experience of dealing with the necessary planning. The Sheriff said there is always the potential for problems and it needs to be addressed. Mr. David Tanner, Director of Fire and Emergency Management, said that Homer Fire Department covers that area. He asked who was going to make sure that free and clean traffic lanes are maintained. And who is going to be responsible if things go bad?

Chairman Harrington said that as elected officials, they have an obligation to their constituents and there are too many uncertainties involved. Mr.Papatonis said this was no different than the fair and he was sure there were enough volunteers to provide for the safety/needs of the spectators. Mr. Law questioned what kind of legal action was being planned. Mr. Knickerbocker, County Attorney said he was seeking an injunction as a potential health/safety/welfare problem and as a public nuance. On the motion of Mr. O’Mara, seconded by Mr. Boise and adopted, all members present voting aye, except Mr. O’Mara voting nay and Mr. Dafoe recorded as absent and Mr. Forbes recorded as excused,

RESOLUTION NO. 321-00

AUTHORIZATION TO COMMENCE

LEGAL ACTION

WHEREAS, the Musicstock CNY Rock for Hunger Festival has been scheduled for June 30^th, July 1^st and July 2^nd, 2000 at the Cortland County Fairgrounds, AND

WHEREAS, legitimate concerns have been voiced by Cortland County, City of Cortland, Town of Cortlandville, and Cortland City School District officials as well as residents and some businesses near the Cortland County Fairgrounds among others that the scheduled Musicstock CNY Rock for Hunger Festival would be detrimental to the public interest, health and welfare as well as to neighbors and some businesses in the vicinity of the Cortland County Fairgrounds, AND

WHEREAS, the promoter has not adequately addressed the various public health, welfare, safety, security, traffic and other issues addressed to him by various government officials and other parties, NOW, THEREFORE BE IT

RESOLVED, that the Cortland County Legislature hereby authorizes the County Attorney to prosecute legal action to enjoin and stop the Musicstock CNY Rock for Hunger Festival from taking place at the Cortland County Fairgrounds on June 30^th, July 1^st and July 2^nd, 2000 and authorizes the Chairman of the Cortland County Legislature to sign any documents and take any steps necessary to commence and maintain said legal action.

On the motion of Mr. Teeter, seconded by Mrs. Contento and adopted, all members present voting aye, the meeting was adjourned at 12:30 p.m.

BACK