Chairman Harrington called the meeting to order at 10:05 am and led the salute to the flag. The Clerk called the roll and all members were recorded as present. On the motion of Mr. Teeter, seconded by Mr. Dwyer and adopted, all members present voting aye, the minutes from the previous session were approved.

The Clerk read the legal notice for proposed Local Law No. 2 for 2000 (Amending Local Law No. 3 For The Year 1975 and Local Law No. 3 For The Year 1979, Creating A Department Of Planning In The County Of Cortland, Continuing The Cortland County Planning Board And Creating The Cortland County Planning Council).

She then read the legal notice for proposed Local Law No. 3 For The Year 2000 (A Local Law Amending Local Law No. 5 For The Year 1971 Establishing The Department Of Central Services). Chairman Harrington asked three times if anyone wished to speak in favor of proposed Local Law No. 2 for 2000. No one wished to speak in favor of proposed Local Law No. 2. Chairman Harrington asked three times if anyone wished to speak against proposed Local Law No. 2.

No one wished to speak against Local Law No. 2. Chairman Harrington asked three times if anyone wished to speak in favor of proposed Local Law No. 3 for 2000. No one wished to speak in favor of Local Law No. 3. He then asked three times if any one wished to speak against Local Law No. 3. No one wished to speak against Local Law No. 3. The public hearing was declared closed at 10:10 a.m.

Chairman Harrington welcomed the Parker School Student Council and their advisor, Mr. John Tobin.

Chairman Harrington granted Reggie Seigler, Partnership Specialist from the United States Census Bureau, the opportunity to address the legislators. He explained the importance of completing the census form and reported on the initial response rate from local communities. He indicated that one of the problems was a post office box used in some of the small communities. Mr. Seigler stressed that each residence was being canvassed not each resident.

On the motion of Mr. Teeter, seconded by Mr. Dwyer and adopted, all members present voting aye, the proclamation for Emergency Medical Services Week (May 14^th – 20^th, 2000) was ordered received and filed. Mr. David Tanner gave the legislators a brief view of the three stages of medical response. Ms. Roxanne Sorrells and Mr. Garric Henry accepted the proclamation on behalf of the emergency medical providers in Cortland County.

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

RESOLUTION NO. 246-00

APPOINT MEMBERS

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 be and hereby are appointed to serve on the Cayuga/Cortland Workforce Investment Board for the term and from the sector listed below:

Regional Appointments

Cortland Appointments

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

RESOLUTION NO. 247-00

APPROVAL TO FILL

BUILDINGS AND GROUNDS DEPARTMENT

TEMPORARY CLEANER

WHEREAS, the position of Cleaner in the Buildings and Grounds Department will become vacant due to Medical Leave of Absence, AND

WHEREAS, the Buildings and Grounds and 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 Temporary Cleaner, Grade 4, $18,375 - $20,445, labor class in the Buildings and Grounds Department, under Section 64, 1A of the Civil Service Law on or after May 10, 2000.

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

RESOLUTION NO. 248-00

INCREASE HOURS/APPOINT FULL-TIME SAFETY OFFICER

SAFETY OFFICE

WHEREAS, the Personnel Officer and the Buildings and Grounds/Finance and Administration Committees recommend increasing the hours of the part-time Safety Officer, NOW, THEREFORE, BE IT

RESOLVED, that the County Legislature hereby approves increasing the part-time Safety Officer position to full-time effective May 10, 2000, AND BE IT FURTHER

RESOLVED, that the County Legislature approves the appointment of Thomas Huttleston to the full-time Safety Officer position, Grade F, of the Management Compensation Plan, competitive class, at the salary of $29,028 (midpoint of range), 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 Management Compensation Plan.

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

RESOLUTION NO. 249-00

AUTHORIZE TRAVEL

HEALTH DEPARTMENT/NURSING DIVISION

(KAREN HENRY)

WHEREAS, the home Care Association of New York State’s Annual Meeting is being held June 5-6, 2000 in Saratoga Springs, New York, AND

WHEREAS, there are a number of special interest sessions which have a direct impact on the continued viability and cost effectiveness of the Certified Home Health Agency, AND

WHEREAS, funds were budgeted to cover attendance at this annual meeting, NOW, THEREFORE BE IT

RESOLVED, that Karen Henry, Director of Patient Services, be and hereby is authorized to attend the Home Care Association of New York State’s Annual Meeting in Saratoga Springs, New York, June 5-6, 2000 at a cost not to exceed $575.00

On the motion of Mrs. Richards, seconded by Mr. Dwyer and adopted, all members present voting aye, except Mr. VanDee voting nay,

RESOLUTION NO. 250-00

APPROVAL TO FILL

HEALTH DEPARTMENT/NURSING DIVISION

KEYBOARD SPECIALIST (PT)

WHEREAS, a position of Keyboard Specialist in the Health Department – Nursing Division becomes vacant due to transfer, AND

WHEREAS, the Health and the Finance and Administration Committee recommend that the position be filled at 17 hrs/wk., NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Keyboard Specialist, 17 hrs/wk., Grade 4, $10,500 - $11,683, competitive class, in the Health Department – Nursing Division on or after May 10, 2000.

Before the resolution was voted on, Mrs. Richards introduced a friendly amendment and was seconded by Mrs. Brown. The friendly amendment omitted the second Whereas (Whereas, the Public Health Director wishes to increase the number of hours from 18 to 20 hrs/wk,) and reduced the numbers of hours to seventeen. Jacqueline Gailor, Director of Health, said there would be no fringe benefits with the position. Mr. VanDee asked how the county expected to keep qualified employees without offering them benefits? He said he was opposed to the friendly amendment.

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

RESOLUTION NO. 251-00

AUTHORIZE TUITION

HEALTH DEPARTMENT

(REBECCA JONES)

WHEREAS, Rebecca Jones, Public Health Social Work Assistant, has requested permission to enroll for a class at an educational institution and has received the necessary approval from the Department Head, NOW, THEREFORE, LET IT BE

RESOLVED, that said employee be and hereby is authorized to enroll at Syracuse University for Family Violence: Policy, Practice and Research, AND BE IT FURTHER

RESOLVED, that this Legislature hereby authorizes and directs the County Treasurer to reimburse Rebecca Jones $1,839 for cost of tuition and textbook upon successful completion of said course.

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

RESOLUTION NO. 252-00

BRIDGE PAINTING PROJECT/AUTHORIZE CORTLAND COUNTY TO DECLARE NO SIGNIFICANT ENVIRONMENTAL IMPACT

HIGHWAY DEPARTMENT

WHEREAS, Cortland County has secured federal and state funds for the painting of twelve county-owned bridges, namely B.I.N.s 3207250, 3207260, 3207340, 3207380, 3207420, 3207620, 3312130, 3312140, 3312270, 3312280, 3312410 and 3312520, AND

WHEREAS, the County has decided to bond for the reimbursable funding for the Painting Project construction and construction administration and therefore SEQR determination is required, AND

WHEREAS, the County Highway Department acted as Project Sponsor, and in consultation with Popli Consulting Engineers & Surveyors, completed the SEQR Short Environmental Assessment Form Part 1 (Short EAF Part 1, SEQR), after gathering and documenting information relating thereto, AND

WHEREAS, since the NYSDEC and NYSDOT do not have any interest in acting as Lead Agency, the County is legally empowered to act as Lead Agency under SEQR, AND

WHEREAS, the County Highway Department has completed the Short Environmental Assessment Form Part 2 and Part 3 under SEQR and has made a finding of no significant environmental impacts associated with the progression of the Bridge Painting Project, NOW THEREFORE, BE IT

RESOLVED, the County as Lead Agency is responsible for the determination of Significance under SEQR and the County finds that the Bridge Painting Project will not result in any large and important impacts. Therefore the said project will not have a significant impact on the environment and a negative declaration will be prepared by the County Highway Department, AND

BE IT FURTHER RESOLVED, that the Chairman of the Cortland County Legislature, as responsible officer, is authorized and directed to sign the Short Environmental Assessment Forms indicating a "negative declaration" for this project.

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

RESOLUTION NO. 253-00

APPROVE ENGINEERING CONTRACT

BRIDGE PAINT CONSTRUCTION

HIGHWAY DEPARTMENT

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

WHEREAS, the project is to be done with Federal Aid, and

WHEREAS, Popli Consulting Engineers & Surveyors, 555 Penbrooke Drive, Penfield, New York 14536 has been selected to perform the construction administration and inspection services on said project.

NOW, THEREFORE, BE IT

RESOLVED, that the Chairman of the Cortland County Legislature is hereby authorized to execute a contract with Popli Consulting Engineers & Surveyors for engineering and design of the Cortland County Bridge Paint Project in the amount of $ 56,000, 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. Law and adopted, all members present voting aye,

RESOLUTION NO. 254-00

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 transfer, 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 May 10, 2000.

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

RESOLUTION NO. 255-00

APPROVAL TO FILL

HIGHWAY DEPARTMENT

SIGN TECHNICIAN

WHEREAS, the position of Sign Technician in the Highway Department will become vacant due to a vacancy, AND

WHEREAS, the Highway 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 filling of Sign Technician, $13.10-14.20/hr, competitive class, in the Highway Department on or after May 10, 2000.

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

RESOLUTION NO. 256-00

APPROVAL TO FILL

HIGHWAY DEPARTMENT

WORKING FOREMAN

WHEREAS, the position of Working Foreman in the Highway Department is vacant, AND

WHEREAS, the Highway/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 Working Foreman, ($13.66-14.84, Salary Grade Plan, Non-Competitive Class) in the Highway Department on or after May 10, 2000.

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

RESOLUTION NO. 257-00

CAPITAL RESERVE REVISION

DWYER MEMORIAL PARK

HIGHWAY DEPARTMENT

WHEREAS, monies, in excess of $40,000.00 have been placed in a Park Capital Reserve Fund and designated for the purchase of additional land to expand Dwyer Memorial Park, and

WHEREAS, with opportunities passing and prohibitive costs for the purchase of said land has made it impossible to accomplish said expansion, and,

WHEREAS, the County Highway Committee has been advised that the Main Pavilion at Dwyer Park is in dire need of a new roof, and

WHEREAS, the estimated cost of said roof replacement will be from $ 30,000.00 to $35,000.00

NOW, THEREFORE, IT

RESOLVED, that designation of said Park Capital Reserve Fund monies be changed enabling the County to use these funds in the repair and replace the roof of the main pavilion at Dwyer Memorial Park.

Mr. O’Mara asked if any land was being considered for purchase and Mr. Teeter told him no. Mr. Teeter said the money was originally earmarked for land, but the deals had always fallen through and now the roof needed repair. He said the Highway Department is seeking funds from New York State and if funds were available, the Highway Department would replenish the account. Mrs. Price suggested that the vote be postponed until other alternative sources could be checked. Mr. Plew said it was on the agenda and needed to be done now. Mr. Dafoe reminded everyone that there was only a limited time for the work to be done and suggested we vote now.

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

RESOLUTION NO. 258-00

APPROVAL TO FILL

AREA AGENCY ON AGING/RSVP

SPECIALIST, SERVICES FOR THE AGING (PT)

WHEREAS, the position of Specialist, Services for the Aging (PT) in the Area Agency on Aging/RSVP Department will become vacant due to resignation, AND

WHEREAS, the Human Resources 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 filling of Specialist, Services for the Aging (non-competitive class, Grade 14, $13.82/hr, 15 hrs/week) in the Area Agency on Aging/RSVP Department on or after June 30, 2000.

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

RESOLUTION NO. 259-00

APPROVAL TO FILL

DEPARTMENT OF SOCIAL SERVICES

COMMUNITY SERVICES WORKER

WHEREAS, the position of Community Services Worker in the Department of Social Services is vacant due to a medical leave of absence, AND

WHEREAS, the Human Resources/Finance and Administration Committees recommend that the position be filled immediately for up to six months, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Community Services Worker, Grade 4, $18,375 - $20,445, Salary Grade Plan, Competitive Class in the Department of Social Services on or after May 10, 2000.

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

RESOLUTION NO. 260-00

APPROVAL TO FILL

DEPARTMENT OF SOCIAL SERVICES

CASEWORKER

WHEREAS, the position of Caseworker in the Department of Social Services will become vacant due to 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, Salary Grade Plan, competitive class in the Department of Social Services after May 10, 2000.

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

RESOLUTION NO. 261-00

APPROVAL TO FILL

DEPARTMENT OF SOCIAL SERVICES

SR. CASEWORKER

WHEREAS, the position of Sr. Caseworker in the Department of Social Services will become vacant due to 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 Sr. Caseworker, grade 16, $26,941 - $30,377, Salary Grade Plan, Competitive Class in the Department of Social Services after May 10, 2000.

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

RESOLUTION NO. 262-00

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 $65,000 to Account A61415.54800 Home Energy Assistance Program and appropriating the sum of $1,000 to the Account A60105.54820 Administration – Miscellaneous Contracts, 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 $65,000 and Account A605544.44610 Federal Aid Social Services Administration in the amount of $1,000, AND BE IT FURTHER

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

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

RESOLUTION NO. 263-00

APPROVAL TO FILL

SHERIFF'S DEPARTMENT

WHEREAS, two positions of County Police Lieutenant will be vacant due to promotions to Captain and Undersheriff, AND

WHEREAS, the filling of these positions is necessary to maintain an adequate level of supervision and coverage, AND

WHEREAS, the Judiciary and Public Safety/ Finance and Administration Committees recommend that the positions be filled on or after May 10, 2000, NOW, THEREFORE, BE IT,

RESOLVED, that the Cortland County Legislature hereby approves the filling of County Police Captain (Grade 20, Salary Grade Plan, $33,288-35,123, competitive class) in the Sheriff’s Department, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of two County Police Lieutenants (Grade 18, Salary Grade Plan, $31,228-33,063, competitive class) in the Sheriff’s Department, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of two County Police Sergeants (Grade 16, Salary Grade Plan, $28,887-30,772, competitive class) in the Sheriff’s Department, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of two County Police Corporals (Grade 15-A, Salary Grade Plan, $27,373-29,109, competitive class) in the Sheriff’s Department, AND BE IT FURTHER

RESOLVED, that two Police Officers (Grade 14-A, Salary Grade Plan, $25,858-27,497, competitive class) be hired to be trained to fill the two Police Officer positions left vacant upon promotion of Police Officers to Corporals, AND BE IT FURTHER

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

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

RESOLUTION NO. 264-00

APPROVAL TO FILL

SHERIFF’S DEPARTMENT

WHEREAS, the position of County Police Sergeant in the Sheriff’s Department will become vacant due to reassignment, AND

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

RESOLVED, that the Cortland County Legislature hereby approves the filling of County Police Sergeant (Grade 16, Salary Grade Plan, $28,887-30,722, competitive class) in the Sheriff’s Department, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of County Police Corporal (Grade 15-A, Salary Grade Plan, $27,373-29,109, competitive class) in the Sheriff’s Department, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of County Police Officer (Grade 14-A, Salary Grade Plan, $25,858-27,497, competitive class) left vacant upon promotion of Police Officer to Corporal, AND BE IT FURTHER

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

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

RESOLUTION NO. 265-00

AUTHORIZE LEASE AGREEMENT

PUBLIC DEFENDER’S OFFICE

PHOTOCOPIER

WHEREAS, the Cortland County Planning Department has moved to 4 Lincoln Ave., and took the top loading photocopier the Public Defender'’ Office shared with them, so there is a need for the Public Defender to have a top loading photocopier to copy legal documents, AND

WHEREAS, a lease agreement with BCL Capital has been proposed for a 24 month term at $193.29 per month for a total of $4,638.96, NOW, THEREFORE BE IT

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

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

RESOLUTION NO. 266-00

AUTHORIZE TRAVEL

CENTRAL SERVICES/DATA PROCESSING

RESOLVED, Rob Corpora, Director of Data Processing, be and hereby is authorized to attend the New York State Local Government Information Technology Director’s Association (NYSLGITDA) Spring Conference in Swan Lake, New York, May 16^th through May 19^th 2000, and that he be reimbursed for his expenses in conjunction therewith, subject to audit by the County Auditor, in an amount not to exceed $643.50.

On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted, all members present voting aye on a roll call vote, except Mrs. Contento, Mr. Law, Mr. Plew, Mr. Stoker, Mr. Teeter, Mr. VanDee and Mr. Wern voting nay,

RESOLUTION NO. 267-00

ADOPT LOCAL LAW NO. 3 FOR THE YEAR 2000:

AMENDING LOCAL LAW NO. 5 FOR THE YEAR 1971,

ESTABLISHING THE DEPARTMENT OF CENTRAL SERVICES

WHEREAS, proposed Local Law No. 3 for the year 2000 amending local law No. 5 for the year 1971, establishing the Department of Central Services, which was introduced at the Legislative Session held on May 10, 2000, AND

WHEREAS, said local law has been in its final form upon the desks of the members of the Legislature at least seven (7) calendar days, exclusive of Sunday, prior to this date, AND

WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof required by Law, NOW, THEREFORE BE IT

RESOLVED, that Local Law No. 3 for the year 2000 be passed and enacted.

Local Law No. 3 For The Year 2000:

Be It Enacted by the Cortland County Legislature as follows:

Section 1: Section 3 of Local Law No. 5 for the year 1971, A Local Law

Establishing the Department of Central Services, be and hereby is amended to read as

Follows:

Section 3: The Department of Central Services shall have the power to provide for, manage and operate data processing and all staff, equipment and services necessary to data processing as the same may be authorized by the Cortland County Legislature and perform such other duties and functions as shall be required or delegated to it by the Cortland County Legislature.

Section 2: Local Law No. 3 for the Year 2000 shall take effect upon filing as required by law.

Mr. Law questioned why the Clerk published a legal notice of public hearing without a resolution authorizing the action? County Attorney Knickerbocker told him that publication is required by law and no authorization is necessary. He added that the authorization for the local law had gone through committee and all the legal aspects for publication had been followed. Mr. Law still felt everyone should be more informed and questioned why the change was necessary. Mr. Dwyer said the second part of the local law would come in resolution form at the next session. Mr. Knickerbocker explained that it then would not be necessary to pass another local law each time a change was made.

On the motion of Mr. Thomas, seconded by Mrs. Price and adopted, all members present voting aye, except Mr. Stoker and Mr. Wern voting nay,

RESOLUTION NO. 268-00

AUTHORIZE LEASE AGREEMENT

PLANNING DEPARTMENT

(PITNEY BOWES POSTAGE METER)

WHEREAS, The Cortland County Planning Department has moved to 4 Lincoln Ave., and there is a need for the department to have a postage meter to send mail, AND

WHEREAS, a lease agreement with Pitney Bowes has been proposed for a 48 month term at $58.00 per month for a total of $2, 784.00, NOW, THEREFORE BE IT

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

Mr. Plew asked if the Industrial Development Agency had a postage meter and could the Planning Department make use of it? Mr. Dineen said the IDA had one, but the Planning Department could not use it.

On the motion of Mr. Thomas, seconded by Mr. Teeter and adopted, all members present voting aye on a roll call vote, except Mr. Forbes, Mr. Law, Mr. Plew, Mr. Stoker and Mr. Wern voting nay,

RESOLUTION NO. 269-00

ADOPT LOCAL LAW NO. 2 FOR THE YEAR 2000-

AMENDING LOCAL LAW NO. 3 FOR THE YEAR 1975 AND

LOCAL LAW NO. 3 FOR THE YEAR 1979:

CREATING A DEPARTMENT OF PLANNING IN

THE COUNTY OF CORTLAND, CONTINUING THE

CORTLAND COUNTY PLANNING BOARD AND

CREATING THE CORTLAND COUNTY PLANNING COUNCIL

WHEREAS, proposed Local Law No. 2 for the year 2000 amending local law No. 3 for the year 1975 and Local Law No 3 for the Year 1979, creating a Department of Planning in the County of Cortland, continuing the Cortland County Planning Board and creating the Cortland County Planning Council was introduced at the Legislative Session held on May 10, 2000, AND

WHEREAS, said local law has been in its final form upon the desks of the members of the Legislature at least seven (7) calendar days, exclusive of Sunday, prior to this date, AND

WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof required by Law, NOW, THEREFORE BE IT

RESOLVED, that Local Law No. 2 for the year 2000 be passed and enacted.

Local Law No. 2 of the Year 2000:

Be It Enacted By the Cortland County Legislature as follows:

Section 1: Section 4 of the Local Law No. 3 for the year 1975 and Section 4 of Local Law No. 3 for 1979, Appointment and Qualifications of Director, be and hereby is amended to read as follows:

Section 4A: The executive head of the Department shall be the Director of Planning who shall be appointed by the Legislature, on recommendation of its Planning Committee, to serve at the pleasure of the Cortland County Legislature. Prior to making its recommendation, the Committee shall consult with the Planning Council.

Section 4B: The Director shall be in the non-competitive civil service status.

Section 4C: The Director shall hold a Master’s degree in planning or in a related field and shall have had five years of suitable planning experience or a Bachelor’s degree in planning or a related field and eight years of suitable planning experience. In addition, he shall have necessary credentials to ensure maximum County participation in State and Federal planning programs.

Section 4D: Shall be deleted.

Section 2: Local Law No. 2 for the Year 2000 shall take effect upon filing as required by law.

Mr. Thomas explained that it was a housekeeping item. Mr. Wern asked what was being changed and Mr. Knickerbocker said the term of office was being eliminated and the Planning Director would serve at the pleasure of the Legislature. Mr. Law stated that under either situation the Director still had certain rights. Mr. Harrington said it was in the best interest of the County to remove the specific term clause.

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

RESOLUTION NO. 270-00

EXTEND INTERIM DIRECTOR OF PLANNING

PLANNING DEPARTMENT

WHEREAS, the interim appointment of Daniel S. Dineen as Director of Planning expires on May 14, 2000, AND

WHEREAS, Local Law #3 of 1975 and Resolution #89-1975, Local Law #3 of 1979 and Resolution #344-1979 need to be changed, AND

WHEREAS, Resolution #520-1999 needs to be amended, NOW, THEREFORE, BE IT

RESOLVED, that Daniel S. Dineen, Interim Director of Planning be and hereby is re-appointed Interim Director of Planning at his present salary until such time as the Local Law 2 of May 10, 2000 has been filed, at which time the Planning/Environmental/Agriculture Committee will bring forth a resolution for permanent appointment with salary adjustment.

On the motion of Mr. Thomas, seconded by Mr. Teeter and adopted on a roll call vote, all members present voting aye, except Mrs. Richards voting nay,

RESOLUTION NO. 271-00

RESCIND 1984 AGREEMENT WITH

SUIT-KOTE CORPORATION

WHEREAS, Suit-Kote Corporation has operated its Polkville Crushed Stone mine, located in the Town of Cortlandville, since the 1960’s,

WHEREAS, pursuant to Resolution No. 249 of 1983, on September 11, 1984, Cortland County and Suit-Kote entered into an Agreement, which set forth the allowable mine, limits for Suit-Kote’s Polkville Crushed Stone operation,

WHEREAS, at the time of the 1984 Agreement, the County had retained a consultant to prepare a conceptual plan for siting an industrial park at the site, which would be implemented after the completion of mining,

WHEREAS, since the time the conceptual plan was prepared, properties to the north of the Site have been allowed to develop in a manner that is not consistent with the conceptual plan,

WHEREAS, the existence of a flood plain covering most of the Site is inconsistent with siting an industrial park at this location,

WHEREAS, although the mine site is zoned industrial and the County in 1984 prepared a conceptual plan for an industrial park, the potential to use the site as an industrial park is in question,

WHEREAS, there is not any existing or proposed industrial development within the subject are,

WHEREAS, mining currently takes place pursuant to a permit issued by the NYSDEC in 1984 with a mine limit of 134 acres, which has resulted in the creation of a pond that now covers an area of 83 acres,

WHEREAS, on August 2, 1999, Suit-Kote submitted an application to NYSDEC to modify its current permit, to extend the life of the mine operation an estimated 11-15 years, depending on market demand,

WHEREAS, Suit-Kote’s current reclamation plan as submitted to the NYSDEC reflects a desire to complete mining, remove all debris, unused equipment, and restore the site (to the extent feasible) to its pre-mining condition,

WHEREAS, to further enhance the aesthetic value of the pond that will remain after mining is completed, Suit-Kote has proposed additional plantings of shrubs and trees around the entire site, where they do not otherwise exist at this time,

WHEREAS, options with respect to reclamation at this site are limited, since access is limited and use of the site by the County for recreational purposes poses special liability concerns,

WHEREAS, Suit-Kote, which relies upon the continued use of the site for aggregate for use at the hot mix asphalt plant and at other Suit-Kote plants, could be forced to reduce its employment levels if its proposed expansion is not allowed,

WHEREAS, the site has been a source of aggregate for the County and many of the Towns and Villages with the County for use for road repair and for other uses, allowing these municipalities to save considerable sums of money for a high-quality product,

WHEREAS, the circumstances which may have existed in 1984 and which led to the Agreement between Suit-Kote and Cortland County no longer exist, NOW, THEREFORE BE IT RESOLVED, that Resolution No. 249 of 1983 and the 1984 Agreement, dated September 11, 1984 is hereby rescinded, AND BE IT FURTHER

RESOLVED, that Suit-Kote shall reclaim the Site pursuant to its NYSDEC permit, its NYSDEC-mandated reclamation plan and bond, and implement the additional reclamation shown on Drawing E-2, which shall provide for a variable setback of 25-50 feet along the northern perimeter of the site, AND BE IT FURTHER

RESOLVED, that Suit-Kote be required to receive all necessary permits and approvals from the New York State Department of Environmental Conservation prior to any expansion of its existing mining operation at the subject site beyond the limits of its

existing permits, AND BE IT FURTHER,

RESOLVED, that the County Attorney has reviewed and approved this resolution for form and content, AND BE IT FURTHER

RESOLVED, that a copy of this Resolution be forwarded to NYSDEC, which agency must issue a permit for the proposed expansion.

Mr. Plew said we were fortunate to have Suit-Kote as a source of steady employment. Mr. Cornell and Mr. Wern agreed with Mr. Plew. Mrs. Richards said we haven’t spent enough time studying the issues. She said she was concerned with the environment and the esthetics of the ponds/pits. She said that once the land was taken there was no way to replace it. Mr. Thomas said there were three issues involved: 1) Time – The Planning/Environment/Agriculture Committee had lengthy discussions at seven meetings, it was discussed twice at the Finance & administration Meeting and there were two special meeting devoted to the topic. 2) Concern for the environment always involves emotions. The 2^nd, 3^rd & 5^th Resolves have the Department of Environmental Conservation as the watchdog agency. 3) Our economy must be considered. We must welcome new jobs and stabilize those we have. Mr. Thomas said the studies were done thoroughly and professionally. Mr. Wern thanked Mr. Thomas and the PEA Committee for the good job they had done and suggested "let’s get on with it’. Mr. O’Mara said he was against mining of this type, but it was too late now for this particular site, so he would support it this time, but never again. Mr. VanDee and Mrs. Contento expressed the same sentiment. Mr. Law said that in 1983 we were glad to approve the contract and it was time to let them (Suit-Kote) get on with their business. Mrs. Meiczinger said they were good employers and she would support the resolution.

On the motion of Mr. Teeter, seconded by Mrs. Contento and adopted, all members present voting aye, the meeting was adjourned at 11:15 a.m.

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