NOVEMBER 13TH, 2000 - 1ST DAY OF ANNUAL SESSION

MINUTES

Chairman Harrington called the meeting to order at 10:12 am and led the salute to the flag. The Clerk called the roll and all members were recorded as present, except Mr. Dafoe and Mr. Stoker recorded as absent.

RESOLUTIONS

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

RESOLUTION NO. 546-00

APPOINT ENERGY ALLIANCE INVESTIGATION AD HOC COMMITTEE

RESOLVED, that the Energy Alliance Investigation Ad Hoc Committee be and hereby is appointed as follows:

 

Steven Dafoe 28 Clinton St

(Chairman) Homer, NY 13077

 

Gary Thomas 3692 Fairview Dr.

Cortland, NY 13045

 

W. Stephen Harrington 5 Melvin Ave.

Cortland, NY 13045

 

Marilyn Brown 41 E. Court St.

Cortland, NY 13045

 

David Wern 18 1/2 N. Fulton St.

Homer, NY 13077

 

David Plew 27 South St.

McGraw, NY 13101

 

Lawrence Cornell 3350 Pine Hill Rd.

Marathon, NY 13803

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

RESOLUTION NO. 547-00

APPOINT MEMBER

ALTERNATIVES TO INCARCERATION ADVISORY BOARD

(KEITH DAYTON)

WHEREAS, in accordance with Chapters 907 and 908 Laws of 1984, the Cortland County Public Defender is required to be on the Alternatives to Incarceration Advisory Board, AND

WHEREAS, Keith Dayton was appointed Cortland County Public Defender on October 12, 2000, NOW, THEREFORE, BE IT

RESOLVED, that Keith Dayton be added to the membership of the Alternatives to Incarceration Advisory Board.

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

RESOLUTION NO. 548-00

REQUESTING PAYMENT BY THE STATE OF NEW YORK TO CORTLAND

COUNTY OF MONIES PREVIOUSLY APPROPRIATED UNDER AID TO

LOCALITIES, LOW LEVEL RADIOACTIVE WASTE SITING GRANTS

WHEREAS, Cortland County had been considered as a potential site by the State of New York for placement of a low level radioactive waste site, AND

WHEREAS, various grants were made available by the State of New York to Cortland County to study the numerous and various potential effects and impacts and the feasibility of placing a low level radioactive waste site in Cortland County, AND

WHEREAS, the County of Cortland did by and through various means explore and research the potential effects and impacts of placing a low level radioactive waste site in Cortland County which necessitated expenditure of monies by Cortland County, AND

WHEREAS, as a result of these efforts a low level radioactive waste site was not placed in the County of Cortland, AND

WHEREAS, the County of Cortland did seek reimbursement of monies expended by it from the Aid to Localities, Low Level Radioactive Waste Siting grants and presented a final close out package to the New York State Department of Environmental conservation, AND

WHEREAS, the New York State Department of Environmental Conservation approved all the documented eligible expenses, AND

WHEREAS, the sum of $98,750.00 were the documented eligible expenses which to date have not been paid to the County of Cortland, AND

WHEREAS, Governor George Pataki did in 1998 veto the reappropriation of funds to the Low Level Radioactive Waste Siting Grants which would have allowed Cortland County to be paid its eligible expenses of $98,750.00, AND

WHEREAS, on April 12, 2000, the Cortland County Legislature unanimously passed a resolution requesting payment, AND

WHEREAS, Senator James Seward advised in a letter received and filed by the Cortland County Legislature, to request said funds towards the end of the year, NOW, THEREFORE BE IT

RESOLVED, that the Cortland County Legislature requests all necessary steps be taken by the State of New York through the Office of the Governor, the Senate of the State of New York and the Assembly of the State of New York to immediately include in the New York State budget an appropriation or budget item in the sum of $98,750.00 payable to the County of Cortland for monies which were previously appropriated to it through Low Level Radioactive Waste Siting Grants but never paid to the County of Cortland, AND BE IT FURTHER

RESOLVED, that a copy of this resolution be sent to Governor George Pataki, Sate Senator James L. Seward, Assemblyman Martin Luster and Assemblyman Gary D. Finch.

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

RESOLUTION NO. 549-00

AMEND RESOLUTION

SHERIFF’S DEPARTMENT

(UNPAID LEAVE OF ABSENCE – MARIE LEWIS)

WHEREAS, Resolution No. 313-00 granted an unpaid leave of absence to Marie Lewis through June 28, 2001, AND

WHEREAS, the leave of absence only extends through 5/30/01, NOW, THEREFORE BE IT

RESOLVED, that Marie Lewis’s leave of absence without pay be corrected to extend through May 30, 2001.

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

RESOLUTION NO. 550-00

CREATE/APPROVAL TO FILL

SHERIFF’S DEPARTMENT

TELEPHONE OPERATOR

WHEREAS, the Personnel/Civil Service Office has classified a new position of Telephone Operator in the Sheriff’s Department, NOW, THEREFORE, BE IT

RESOLVED, that one position of Telephone Operator (Grade 2, $19,864-20,956-22,048, Sheriff’s Contract, competitive class) be and hereby is created with approval to fill on or after November 08, 2000, AND BE IT FURTHER

RESOLVED that the Sheriff’s Contract be amended to include Telephone Operator (Grade 2, $19,864-20,956-22,048, competitive class) as indicated above, AND BE IT FURTHER,

RESOLVED, that the County Treasurer be and is hereby is authorized and directed to pay the incumbent in this newly created position in bi-weekly installments in accordance with the Management Compensation Plan.

Mr. O’Mara explained the phone situation that existed at the 911 Center. He said it was a duel purpose effort to eliminate non-emergency calls ringing into the 911 Center and also provide a rotation out of the high stress emergency environment.

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

RESOLUTION NO. 551-00

APPROVAL TO FILL

SHERIFF’S DEPARTMENT

CORRECTION OFFICER

WHEREAS, the position of Correction Officer in the Sheriff’s Department is vacant due to resignation, AND

WHEREAS, the Judiciary and Public Safety/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 Correction Officer, Grade 11, $25,163 - $26,697, competitive class, in the Sheriff’s Department on or after November 8, 2000, 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 Sheriff’s Contract.

Mr. O’Mara introduced Agenda No. 07 (Approval to Fill, Alternatives to Incarceration, Alternatives to Incarceration Coordinator (18 Hours Per Week) and it was seconded by Mrs. Brown. The discussion centered on the benefits available and the cost therein for 18 hours per week position vs. 17 hours per week with no benefits. Mr. Forbes wanted to introduce a friendly amendment to change the resolution to read ‘17 hours’. It was determined that it was not a friendly amendment and Chairman Harrington declared a recess at 10:21 am to allow Mr. Forbes to amend Agenda No. 07. The session resumed at 10:31 a.m. Mr. O’Mara reminded everyone how difficult it was to hire and keep good people when the position does not provide benefits. Mr. Thomas added that private industry would not absorb the cost of benefits for one hour of additional work. And Mr. Plew suggested that other part time employees would complain about the situation. Ms. Dianna Claflin, Director of Alternatives to Incarceration, said it would be difficult to recruit anyone to a part time position without benefits. She added that the job description required a four-year degree. Mr. Dwyer asked if the office actually needed full time. Ms. Claflin said the numbers have been increasing steadily, but she was reluctant to ask for full time help because of the tight budget situation. The amendment to Agenda No. 07 (changes position to 17 hours and eliminate fringe benefits) passed with all members present voting aye except Mr. Boise, Mrs. Contento, Mr. Dwyer, Mr. O’Mara, Mrs. Price, Mrs. Richards and Mr. VanDee voting nay and Mr. Dafoe and Mr. Stoker recorded absent. Mr. VanDee made a motion to table to time certain and was seconded by Mr. Teeter. The motion was defeated with Mrs. Brown, Mrs. Contento, Mr. Cornell, Mr. Dwyer, Mr. Forbes, Mr. Law, Mr. Teeter, Mr. Thomas and Mr. Wern voting nay, all others voting aye and Mr. Dafoe and Mr. Stoker recorded absent. Mr. O’Mara withdrew Agenda No. 07.

Mr. Thomas introduced Agenda No. 08 (Establish Mandatory Compliance With The County-Wide House Numbering System, Planning Department) and it was seconded by Mr. Dwyer. Mr. Thomas said it was not necessary to change the wording of the resolution, since there was no compliance mechanism in effect, but the wording stressed the importance of compliance. Mr. Plew said he would not support the resolution with the word ‘mandatory’ in it and Mr. Law wanted to introduce a friendly amendment that would eliminate "mandatory" in the resolution. Again, it was determined that it was an amendment and Chairman Harrington declared a recess at 10:45 to allow Mr. Law time to put the amended version in writing. The session resumed at 10:55. Mr. VanDee questioned County Attorney Knickerbocker about the liability issue. Mr. Knickerbocker said the resolution did not have the force of law behind it, that the idea was to urge the citizens to protect themselves. Mr. Dan Dineen, Director of Planning, said it was an attempt to protect the County. The amendment (eliminating ‘mandatory’ from the resolution) to Agenda No. 08 passed with all members present voting aye, except Mr. Thomas, Mr. O’Mara, Mrs. Richards, Mrs. Brown and Mr. Wern voting nay and Mr. Dafoe and Mr. Stoker recorded absent. Mr. Thomas requested Agenda No. 08 be tabled to time certain, was seconded by Mr. Teeter and adopted.

Mrs. Price reminded the legislators that this was the start of Annual Session and she asked for help with the budget process. She said the tentative budget contained a substantial increase in requests for funding and it might be necessary to increase taxes or reduce programs

On the motion of Mr. Teeter, seconded by Mrs. Contento and adopted, all members present voting aye, the meeting recessed at 11:08 a.m.

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