NOVEMBER 29TH, 2000

2ND DAY OF ANNUAL SESSION

MINUTES

PUBLIC HEARING

Chairman Harrington opened the public hearing at 10:00 a.m. He asked three times if there was anyone present wishing to speak in favor of the proposed Local Law No. 4 for the Year 2000 (A Local Law Authorizing the Submission of an Application by the Cortland County Legislature to Empire State Development for Designation of an Area Within Cortland County as an Empire Zone). No one present wished to speak in favor of the proposed Local Law No. 4 for the Year 2000. Chairman Harrington asked three times if there was anyone present wishing to speak against proposed Local Law No. 4 for the Year 2000. No one present wished to speak against proposed Local Law No. 4 for the Year 2000. Chairman Harrington declared the Public Hearing closed at 10:05 a.m.

Chairman Harrington called the Legislative 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. On the motion of Mr. Teeter, seconded by Mr. Dwyer and adopted, all members present voting aye, the minutes from the previous sessions (11/08/00 & 11/13/00) were approved.

REPORTS

On the motion of Mrs. Price, seconded by Mr. Boise and adopted, all members present voting aye, the Report on Recommendations for Tentative 2001 Budget (Finance & Administration Committee) was ordered received and filed.

On the motion of Mr. Teeter, seconded by Mrs. Price and adopted, all members present voting aye, the Certificate of County State Equalization Rates for 2000 Assessment Rolls for Municipalities in the County of Cortland (State Board of Real Property Services) was ordered received and filed.

On the motion of Mr. Stoker, seconded by Mr. Dwyer and adopted, all members present voting aye, the Deficit and Surplus to the Specified Town or City As Shown on the City and Towns of the General Ledger as of November 1, 2000 (Treasurer’s Office) was ordered received and filed.

On the motion of Mrs. Price, seconded by Mrs. Richards and adopted, all members present voting aye, the Apportionment of Mortgage Tax Monies (April 1, 2000 – September 30, 2000) was ordered received and filed.

On the motion of Mr. Thomas, seconded by Mrs. Richards and adopted, all members present voting aye, the Bid Report for Paper Goods and Maintenance Supplies (Area Agency on Aging/Nutrition) was ordered received and filed.

On the motion of Mr. Teeter, seconded by Mr. Cornell and adopted, all members present voting aye, the Bid Report for Miscellaneous Groceries and Frozen Foods was ordered received and filed.

COMMUNICATIONS

On the motion of Mr. Dwyer, seconded by Mrs. Richards and adopted, all members present voting aye, the letter from the Town of Cuyler (Re: Surplus Sales Tax [$115,000] to be Applied to Reduction of County Tax in Area of the Town Outside of Villages) was ordered received and filed

Mr. Hugh Hurlbut, Director of Personnel/Civil Service, was given privilege of the floor to tell the legislators about the projects that were going on involving County employees. He displayed the Christmas card that was being distributed with paychecks, thanking County employees for their hard work and dedication. Mr. Hurlbut also talked about Operation Good Things and the Salvation Army bell ringing efforts.

ARTICLE TABLED TO DAY CERTAIN

Mr. Thomas requested permission to withdraw the amended resolution (Establish Compliance With The Countywide House Numbering System, Planning Department) from the November 13th, 2000 meeting. Mr. Thomas explained that there was no enforcement mechanism with the resolution, so it was important that the wording be as strong as possible. The request to withdraw the amended resolution passed with all members voting aye, except Mr. Cornell, Mr. Law Mr. Plew, Mr. Stoker and Mr. Wern voting nay. On the motion of Mr. Thomas, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Law, Mr. Plew and Mr. Stoker voting nay,

RESOLUTION NO. 552-00

ESTABLISH OBLIGATORY COMPLIANCE WITH THE COUNTY-WIDE HOUSE NUMBERING SYSTEM

PLANNING DEPARTMENT

WHEREAS, Resolution No. 245 for the year 1982 adopted a County-wide house numbering system which establishes legal addresses for all businesses and residences in the County, outside of Villages and the City of Cortland.

WHEREAS, it is necessary for all businesses and residences in the County, outside the Villages and the City of Cortland, to use and display the correct address as established by the County-wide house numbering system in recognition of the need for quick response of emergency services, NOW, THEREFORE, BE IT

RESOLVED, that the County Legislature establishes that there be obligatory compliance with the County-wide house numbering system as the legal address for all businesses and residences in the County, outside of Villages and the City of Cortland, AND BE IT FURTHER

RESOLVED, that each business and residential structure shall display the correct address so as to be clearly readable from the road.

RESOLUTIONS

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

 

RESOLUTION NO. 553-00

EMPIRE ZONE ADMINISTRATION BOARD

APPOINT CHAIRPERSON

(W. STEPHEN HARRINGTON)

RESOLVED, that W. Stephen Harrington, 5 Melvin Ave., Cortland, NY 13045, Be and hereby is appointed Chairman of the Empire Zone Administration Board.

On the motion of Mrs. Price, seconded by Mr. Dwyer and adopted, all members present voting aye, except Mr. VanDee, Mr. Forbes, Mrs. Brown, Mrs. Richards, Mr. Dafoe, Mr. Teeter and Mr. Thomas voting nay,

RESOLUTION NO. 554-00

REVISE 2001 TENTATIVE BUDGET

WHEREAS, the Tentative Budget for 2001 was presented by the Budget Officer and filed with the Clerk of the Cortland County Legislature, AND

WHEREAS, the Finance and Administration Committee has duly revised said Tentative Budget in accordance with the County Law, Section 358, NOW, THEREFORE, BE IT

RESOLVED, that the Tentative County Budget, as revised, be and hereby is accepted in the approximate amount of $64,444,589, AND BE IT FURTHER

RESOLVED, that the total estimated revenues together with the total amount of taxes to be levied shall, pursuant to County Law, Section 358, be equal to the total estimated expenditures.

Mrs. Price thanked Alex Fumarola, Budget Officer, and the entire Finance & Administration Committee for all the hard work. She said it was even more difficult this year because of the new budget system, since there was nothing to compare it with. She also said there would be a meeting with Ric McNeilly, Auditor and Don Ferris, Treasurer and the Finance & Administration Committee to get a more complete picture of the surplus funds. Chairman Harrington also commended the committee for the very time consuming and thankless job.

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

RESOLUTION NO. 555-00

AUTHORIZE PUBLIC HEARING

2001 COUNTY BUDGET

WHEREAS, the Budget Officer for the County of Cortland prepared and filed with this Legislature a Tentative Budget for the fiscal year commencing January 1, 2001 and ending on December 31, 2001 on the 8th day of November, 2001, AND

WHEREAS, the Tentative Budget, as submitted by the Budget Officer, was referred to the Finance and Administration Committee of this Legislature for review and to make inquiry concerning the estimate of any authorized agency, NOW, THEREFORE, BE IT

RESOLVED, that a public hearing upon the 2001 Tentative Budget as changed, altered or revised, be held on December 7, 2000 at 7:30 PM in the chambers of the County Office Building, 60 Central Avenue, Cortland, NY 13045, and that notice of such hearing shall be published in accordance with the requirements of the laws of the State of New York.

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

RESOLUTION NO. 556-00

AUTHORIZE APPORTIONMENT OF MORTGAGE TAX MONIES

TREASURER’S OFFICE

(MORTGAGE TAX)

RESOLVED, That the apportionment of the current mortgage tax monies between the towns of Cortlandville, Homer, and Marathon and the villages therein, as submitted by the committee on Finance and Administration, be approved, AND BE IT FURTHER

RESOLVED, That the County Treasurer be and hereby is authorized to make payments to the several tax districts as therein determined, and also to make payments to each of the several tax districts within the County of Cortland of mortgage tax monies as apportioned to it as shown by the report received and approved by this legislature on this date.

On the motion of Mrs. Price, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Forbes, Mrs. Brown, Mr. Wern, Mrs. Contento, Mr. Stoker, Mrs. Meiczinger and Mr. Harrington voting nay,

RESOLUTION NO. 557-00

ESTABLISH PROCEDURE

FILL OR HIRE FOR POSITIONS

WHEREAS, a procedure to fill and/or hire for vacant positions is deemed necessary, NOW, THEREFORE BE IT

RESOLVED, that effective immediately upon passage of this resolution the following procedure shall be followed:

1. The Department Head will contact the Personnel/Civil Service Department to prepare a written request and resolution for approval to fill, hire, or fill and hire;

2. The written request and resolution will be given to the Department Head to present to the Program Committee for approval at its next meeting;

3. Upon approval of the Committee, the Chairman of the Program Committee will sign and date the request and forward it, with the resolution, to the Finance and Administration Committee;

4. Upon approval of the Committee, the Chairman of the Finance and Administration Committee will sign and date the request and present it and the resolution to the Clerk of the Legislature for placement on the next Legislative Agenda;

5. Upon approval by the Legislature, the Clerk of the Legislature will send the resolution granting approval to fill, hire, or create, fill, and hire to the Personnel/Civil Service Department;

6. Upon receipt of the approved resolution, the Personnel/Civil Service Department will proceed to work with the Department Head to fill the position, AND BE IT FURTHER

RESOLVED, that a new position may only be created/filled after the position is classified by the Personnel/Civil Service Department in accordance with Section 22 of the Civil Service Law and has followed the above procedure, AND BE IT FURTHER

RESOLVED, that positions of half-time or less are not required to follow the process in the first resolved clause above.

A discussion ensued concerning the definition of part-time vs. full time. County Attorney Knickerbocker said the verbiage in the resolution was correct because it all depended on which department was involved.

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

RESOLUTION NO. 558-00

RESCIND CONTRACT/ FEHER RUBBISH REMOVAL

BUILDINGS & GROUNDS DEPARTMENT

WHEREAS, the County of Cortland entered into a contract with Feher Rubbish Removal, Inc. dated April 19, 2000 for the collection, removal, transportation and disposal of trash and recyclable cardboard from three different locations in the County, and

WHEREAS, the Buildings and Grounds committee of the Cortland County Legislature has determined that the Feher Rubbish Removal, Inc. has not complied with the various terms and conditions of said contract,

NOW, upon recommendation of the Buildings and Grounds Committee, IT IS HEREBY

RESOLVED, that the contract between the County of Cortland and Feher Rubbish Removal, Inc. be terminated and rescinded as of December 31, 2000, and it is further

RESOLVED, that a copy of this Resolution shall be sent via certified mail to Feher Rubbish Removal, Inc.

Mrs. Brown asked if a replacement company had been found? Mrs. Contento said the public bid was ready to go and Feher would continue pick-up until the end of the year because of the long out-clause.

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

RESOLUTION NO. 559-00

AUTHORIZE AGREEMENTS/ACCEPT FUNDS

HEALTH DEPARTMENT/SPECIAL PROGRAMS

(PREVENTION OF FIRE RELATED INJURIES GRANT)

WHEREAS, State funds are available through Health Research, Inc. for the continuation of the Prevention of Fire Related Injuries Grant and Cortland County has been awarded $15,000 for the period 9/30/00 - 9/29/2001, AND

WHEREAS, these funds will aid the county’s efforts to reduce the incidence of fire-related injuries and mortality, increase the prevalence of functional smoke alarms, and increase the level of fire-safety knowledge among residents, AND

WHEREAS, this money is already in the proposed 2001 budget, AND

WHEREAS, the Cortland County Health Department will be contracting with other agencies and individuals to help coordinate the installation and fire safety education, NOW, THEREFORE, BE IT

RESOLVED, that upon review and approval of the County Attorney, the Cortland County Health Department enter into this contract with Health Research, Inc. for the Prevention of Fire Related Injuries Grant.

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

RESOLUTION NO. 560-00

AUTHORIZE AGREEMENTS

HEALTH DEPARTMENT

(CONTRACTED SERVICES)

WHEREAS, the Home Health Agency contracts for Home Health Aide, Physical Therapy, Speech Pathology, Occupational Therapy and Nutrition visits, AND

WHEREAS, the Home Health Agency must provide such services in accordance with New York State regulations, NOW, THEREFORE, BE IT

RESOLVED, that the Chairman of the Legislature and the Health Department Administrators, upon review by the County Attorney, be and hereby are authorized to execute agreements for the provision of said services, contingent upon approval of the year 2001 County Budget.

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

RESOLUTION NO. 561-00

APPROVAL TO FILL

HEALTH DEPARTMENT/NURSING UNIT

RPN/PHN (2)

WHEREAS, two nurse positions in the Health Department – Nursing Unit are vacant due to resignation/retirement, AND

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

RESOLVED, that the Cortland County Legislature hereby approves the filling of two (2) nurse positions: Registered Professional Nurse, non-competitive class, $13.17 - $16.96/hr, and/or Public Health Nurse, competitive class, $16.47-18.28/hr in the Health Department/ Nursing Unit, on or after

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay the incumbents in the above-mentioned positions in biweekly installments in accordance with the NYSNA Contract.

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

RESOLUTION NO. 562-00

APPOINT DBE LIAISON OFFICER/AIRPORT

HIGHWAY DEPARTMENT

WHEREAS, Cortland County Airport has received a grant approval from the Federal Aviation Administration (FAA) for Airport projects, AND

WHEREAS, it is necessary to have a Disadvantaged Business Enterprise (DBE) Program, AND

WHEREAS, New York State Department of Transportation (NYSDOT) will reimburse Cortland County for a portion of the project costs (5%), AND

WHEREAS, NYSDOT requires that the Airport projects be in compliance with the US Department of Transportation (DOT), 49CFR Part 26 for DBE, NOW, THEREFORE BE IT

RESOLVED, that Cortland County hereby initiates a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the US Department of Transportation (DOT); 49 CFR Part 26, AND BE IT FURTHER

RESOLVED, that Joseph R. Eggleston, Cortland County Highway Superintendent is hereby appointed to be the DBE Liaison Officer for said program, AND BE IT FURTHER

RESOLVED, that, the Chairman of the Cortland County Legislature is hereby authorized to execute the necessary paperwork to comply with said DOT Regulations after their review and approval as to form by the Cortland County Attorney.

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

RESOLUTION NO. 563-00

TRANSFER SURPLUS FUNDS HIGHWAY DEPARTMENT

WHEREAS, Cortland County Highway Department has a County Road Machinery fund used to supply and maintain necessary machinery, tools, equipment, implements, materials and supplies, AND

WHEREAS, it is the opinion of the Cortland County Superintendent of Highways that there is a surplus larger than necessary for the annual requirements for said County Road Machinery fund "E FUND", AND

WHEREAS, the Superintendent of Highways has recommended that the excess amount in the County Road Machinery fund surplus be transferred to the general fund, NOW THEREFOR BE IT

RESOLVED, that the amount of seven hundred thousand dollars, ($700,000.00) be and is hereby transferred to the general fund and, BE IT FURTHER

RESOLVED, that the Cortland County Treasurer is hereby directed to make the necessary changes to his accounts to reflect said transfer.

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

RESOLUTION NO. 564-00

SEQR/AIRPORT

HIGHWAY DEPARTMENT

WHEREAS, the County of Cortland has received a grant from the Federal Aviation Administration for land acquisition, perimeter fencing and runway rehabilitation and lighting, AND

WHEREAS, the County of Cortland has hired C & S Engineers, Inc. of Syracuse for the engineering of said projects, AND

WHEREAS, C & S Engineers have prepared the environmental assessment form to satisfy the New York State Environmental Quality Review Act (SEQR), NOW THERFORE BE IT

RESOLVED at the recommendation of C & S Engineers, the Cortland County Legislature hereby classifies the above projects as unlisted actions under SEQRA, AND BE IT FURTHER

RESOLVED at the recommendation of C & S , and due consideration , the Cortland County Legislature has determined that the proposed actions will not have a significant impact on the environment, AND BE IT FURTHER

RESOLVED, the Chairman of the Cortland County Legislature is hereby directed to execute the necessary paperwork to satisfy the SEQR process for these projects.

On the motion of Mr. Teeter, seconded by Mr. Plew and adopted, all members present voting aye, except Mrs. Contento, Mr. Thomas, Mr. Dafoe, Mrs. Richards and Mrs. Brown voting nay,

RESOLUTION NO. 565-00

ESTABLISH PROJECT ACCOUNT/AIRPORT

HIGHWAY DEPARTMENT

WHEREAS, approval for the Airport perimeter fencing and the Runway rehabilitation projects were approved with Resolution #420-00, AND

WHEREAS, payment and reimbursement will be in the General Fund, AND

WHEREAS, funds are needed in the amount of $75,000.00, which will be reimbursed by the FAA at 90% and the NYSDOT at 5%, NOW, THEREFORE BE IT

RESOLVED, that Revenue account A561043 43816 be increased by $75,000.00 and Appropriation account A56105 54055 be increased by the same amount, 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.

Mr. Thomas said he had submitted a petition with over fifty signatures, all opposing the erection of the airport fence and had not received a response. He suggested it was a fence that no one wanted and it was a waste of taxpayer dollars. Mrs. Richards agreed with Mr. Thomas and said there was no need for the fence. Mr. Teeter said the County had the money, the fence was going up and, perhaps, the residents should talk to the Highway Department.

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

RESOLUTION NO. 566-00

ACCEPT BIDS/AUTHORIZE PURCHASE

AREA AGENCY ON AGING/NUTRITION

MISCELLANEOUS GROCERIES AND FROZEN FOODS

WHEREAS, bids were received on November 2, 2000 for the period December 1, 2000 through January 31, 2001 for the purchase of miscellaneous groceries and frozen foods in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, AND

WHEREAS, your Human Resources Committee recommends that bids be awarded to the lowest bidder in accordance with the Human Resources Committee Report ordered received and filed on this date, AND

WHEREAS, the following bids were received:

Cortland Produce, 224 Central Ave., Cortland, NY 13045

Maines Paper & Food, 101 Broome Corporate Pkwy, PO Box 450, Conklin, NY 13748

Schisa Bros., 6160 Eastern Ave., P.O. Box 3350, Syracuse, NY 13220

Sysco Food Service, PO Box 80, Rte 173 North, Warners, NY 13164

Reinhart Food Service, PO Box 402, Kirkwood, NY 13795

NOW, THEREFORE, BE IT

RESOLVED, that bids of the aforementioned vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER

RESOLVED, that each of the abovementioned department is authorized and directed to purchase said items from aforementioned bidders for the period December 1, 2000 through January 31, 2001, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay said vendors in the amounts due for aforementioned products upon submission of properly executed vouchers and after audit by the County Auditor.

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

RESOLUTION NO. 567-00

ACCEPT BIDS/AUTHORIZE PURCHASE

AREA AGENCY ON AGING/NUTRITION

PAPER GOODS AND MAINTENANCE SUPPLIES

WHEREAS, bids were received on November 2, 2000 for December 1, 2000 through May 31, 2001 for the purchase of paper goods and maintenance supplies in accordance with specifications on file in the Office of the Clerk of the Cortland County Legislature, for use by the Area Agency on Aging, AND

WHEREAS, your Human Resources Committee recommends that bids be awarded to the lowest bidder in accordance with the Human Resources Committee Report ordered received and filed on this date, AND

WHEREAS, the following bids were received:

Acme Supply, PO Box 1139, Port Washington, NY 11050-1139

Cortland Produce, 224 Central Ave., Cortland, NY 13045

Horowitz Paper & Pkg., PO Box 1212, Horseheads, NY 14815

J.H. Preston, 314 Wilis Ave., Syracuse, NY 13204

Sofco, Inc., Bldg. 702, Corporation Park, Scotia, NY 12302

Sysco Food Serv, PO Box 80, Rte 173 North, Warners, NY 13164

Weis Food Service, PO Box 402, Kirkwood, NY 13795

NOW, THEREFORE, BE IT

RESOLVED, that bids of the aforementioned vendors, in accordance with the specifications, be and hereby are accepted at the bid prices on a per item basis, AND BE IT FURTHER

RESOLVED, that the abovementioned department is authorized and directed to purchase said items from aforementioned bidders for December 1, 2000 through May 31, 2001, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to pay said vendors in the amounts due for aforementioned products upon submission of properly executed vouchers and after audit by the County Auditor.

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

RESOLUTION NO. 568-00

AMEND BUDGET

AREA AGENCY ON AGING/NUTRITION

(NUTRITION PROGRAM CONTRACTS)

WHEREAS, the Area Agency on Aging Nutrition Program receives revenues for meals and nutrition services provided on a fee-for-service basis, AND

WHEREAS, revenues for the year 2000 are projected to be significantly higher than budgeted, AND

WHEREAS, adjustments are also necessary to cover anticipated remaining expenditures for the year, NOW, THEREFORE BE IT

RESOLVED, that the 2000 County Budget be and hereby is amended by appropriating the sum of $10,000.00 to Account A6791, Nutrition Program Contracts, as follows:

A67915.51005 Personal Services +$3,055.00

A67915.52015 Equipment -$2,298.00

A67915.54800 Program Expenses +$9,243.00

AND BE IT FURTHER

RESOLVED, that said books and records be and hereby are further amended by appropriating the sum of $10,000.00 to Revenue Account A679142.41777, Nutrition Program Contracts, 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. O’Mara, seconded by Mr. Cornell and adopted, all members present voting aye,

RESOLUTION NO. 569-00

RESOURCE ALLOCATION PLAN

NYS OFFICE CHILDREN & FAMILY SERVICES

YOUTH BUREAU

WHEREAS, the NYS Office of Children and Family Services through the Resource Allocation Plan has made available the sum of $197,604.00 for the program year 2001 in Youth Development/Delinquency Prevention funds (YDDP) and Special Delinquency Prevention Program funds (SDPP) for Cortland County through the County Youth Bureau, and

WHEREAS, the County Youth Board has designated the funds to the various county municipalities and agencies for the year 2001 and for which a copy is in the County Youth Bureau Office, NOW, THEREFORE BE IT

RESOLVED, that the Chairman of the Legislature, upon review by the County Attorney be and hereby is authorized to execute the Resource Allocation Planning agreement \with the New York State Office of Children and Family Services AND BE IT FURTHER

RESOLVED, that in the event the County does not receive the appropriate funds from the NYS Office of Children and Family Services, the County shall not be liable to pay any of its own funds to meet any deficiency under the terms of the contracts.

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

RESOLUTION NO. 570-00

AMEND BUDGET

YOUTH BUREAU

OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION

WHEREAS, the County Youth Bureau has received a grant from the Office of Juvenile Justice and Delinquency Prevention for the After Hours Program, and

WHEREAS, the Chairman of the County Legislature has signed an agreement with the OJJDP for a grant in the amount of $69,648.00 and

WHEREAS, the funds for the grant are for the period from 10/1/00 – 9/30/01, NOW THEREFORE BE IT

RESOLVED, that the Appropriation/Revenue accounts A73195-54820 and

A731243-43837 be increased and continue to be opened, 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, AND BE IT FURTHER

RESOLVED, that in the event the County does not receive the appropriate funds from the Office of Juvenile Justice and Delinquency Prevention, the County shall not be liable to pay any of its own funds to meet any deficiency under the terms of the contracts.

On the motion of Mr. O’Mara, seconded by Mr. Dwyer and adopted, all members present voting aye, except Mr. Forbes, Mrs. Brown, Mr. Law and Mr. Harrington voting nay, RESOLUTION NO. 571-00

INCREASE HOURS/APPROVAL TO FILL

ALTERNATIVES TO INCARCERATION DEPARTMENT

ALTERNATIVES TO INCARCERATION PROGRAM COORDINATOR

WHEREAS, the needs of the agency will be better served by increasing the hours of the Alternatives to Incarceration Program Coordinator, competitive class, in the Alternatives to Incarceration Department; AND

WHEREAS, the Judiciary and Public Safety/Finance and Administration Committees recommend the increase in hours from part-time to full-time, AND

WHEREAS there are sufficient funds in the Alternatives to Incarceration Department's 2000 budget to cover all salary and fringe benefit expenses, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the increase in hours of the Alternatives to Incarceration Program Coordinator to full-time with approval to fill, and further gives permission to fill the above position in the Alternatives to Incarceration Department, at a salary of $23,512-$26,403, Grade 12, of the Salary Grade Plan, Competitive Class, AND BE IT FURTHER

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

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

RESOLUTION NO. 572-00

AMEND AND AUTHORIZE AGREEMENT

SHERIFF’S DEPARTMENT

(JAIL PHYSICIAN)

WHEREAS, New York State Law requires a county to engage a jail physician, AND

WHEREAS, by Resolution N0. 472-00 the Cortland County Legislature authorized an agreement between the Cortland County Sheriff’s Department and a jail physician, AND

WHEREAS, Resolution No. 472-00 did not contain the full consideration to be paid to the jail physician for all the services to be rendered to the County of Cortland by the physician and his staff, NOW THEREFORE, BE IT

RESOLVED, that the Cortland County Sheriff’s Department is authorized to renew the agreement with the jail physician for the Cortland County Jail, commencing January 1, 2001 through December 31, 2001, AND BE IT FURTHER

RESOLVED, that the payment to the jail physician for the professional services of himself and his Physician’s Assistant shall not exceed $4,800.00 per month in 2001, AND BE IT FURTHER

RESOLVED, that payment to the jail physician for the professional services of a Registered Nurse employed by the physician for services to be rendered at the Cortland County Jail shall not exceed $3,586.00 per month in 2001.

Mr. Forbes asked about the percentage of increase involved and was told that it was a 5% increase.

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

RESOLUTION NO. 573-00

AUTHORIZE UNPAID LEAVE OF ABSENCE

SHERIFF’S DEPARTMENT

(JANET WELCH)

WHEREAS, Janet Welch, a Dispatcher in the County’s Sheriff Department has been out of work since November 07, 2000, AND

WHEREAS, Ms. Welch has exhausted all available leave time, the (12) weeks of Family/Medical Leave which expired November 04, 2000, and a thirty (30) day leave of absence from the Department Head will expire on December 06, 2000, AND

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

RESOLVED, that Janet Welch is hereby granted a leave of absence without pay from December 07, 2000 through December 31, 2000 in accordance with Article XIII, Section 2 of the Sheriff’s contract. Ms. Welch may return to work prior to December 31, 2000 should she be released by her doctor to return to work.

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

RESOLUTION NO. 574-00

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 November 29, 2000.

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

RESOLUTION NO. 575-00

APPROVAL TO FILL

SHERIFF'S DEPARTMENT

CORRECTION LIEUTENANT/CORRECTION SERGEANT/

CORRECTION CORPORAL/CORRECTION OFFICER

WHEREAS, the position of Correction Lieutenant will be vacant due to retirement, AND

WHEREAS, the filling of this position 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 position be filled upon vacancy, NOW, THEREFORE, BE IT,

RESOLVED, that the Cortland County Legislature hereby approves the filling of Correction Lieutenant (Grade 18, Sheriff's Contract, $33-302,$35,258 [2000 salary] competitive class) in the Sheriff’s Department, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of Correction Sergeant (Grade 15-B, Sheriff's Contract, $27,576-$29,323 [2000 salary] competitive class) in the Sheriff’s Department, upon promotion, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of Correction Corporal (Grade 12-A, Sheriff's Contract, $26,336-$27,992 [2000 salary], competitive class) in the Sheriff’s Department, upon promotion, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of Correction Officer (Grade 11, Sheriff's Contract, $25,163-26,697 [2000 salary], competitive class) in the Sheriff’s Department, upon promotion 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 bi-weekly installments.

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

RESOLUTION NO. 576-00

AUTHORIZE MEMBERSHIP/CORTLAND COUNTY

(CENTRAL NEW YORK REGIONAL PLANNING & DEVELOPMENT BOARD)

PLANNING DEPARTMENT

WHEREAS, Cortland County historically has had strong economic and cultural ties to the Central New York region, and

WHEREAS, Cortland County has developed working relationships in Central New York to promote the area as a region, and

WHEREAS, Cortland County would like to enhance its role in the regional planning process to insure its input in regional decisions that may affect the County, NOW THEREFORE BE IT

RESOLVED, that the Chairman of this Legislature, is hereby authorized to enter into an agreement with the Central New York Regional Planning and Development Board to become a member county, effective January 1, 2001 and upon approval of the County Attorney, AND BE IT FURTHER

RESOLVED, that the County Treasurer be and hereby is authorized and directed to allocate the annual dues in the amount of $16,204 to the Central New York Regional Planning Development Board.

Mr. Plew asked what the County received in return for $16k? Chairman Harrington responded that it is usually a return of about five times the money invested and encouraged everyone to vote for the resolution. Dan Dineen, Director of Planning, said the return was usually ten folds. Mr. Boise added that there was finally growth and excitement in upstate New York and we were fortunate to have this type of expertise available to us. He said it was well worth the money and that the trend was toward regional development.

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

RESOLUTION NO. 577-00

AMEND RESOLUTION NO. 133 OF 1988 (TIRES)

SOLID WASTE/RECYCLING DEPARTMENT

WHEREAS, Resolution No. 133 of 1988 established a fee schedule for various tire size disposal at the Cortland County Landfill, AND

WHEREAS, the Solid Waste Committee recommended at their October 27 Committee meeting to rescind a part of the fee schedule, allowing tires up through 16 inch rim diameter to be disposed of at the Landfill at no charge, NOW, THEREFORE BE IT

RESOLVED, that effective immediately that tires being delivered to the Cortland County Landfill with rim diameters up through 16 inches is hereby exempt from the $2.00 (two dollars) per tire fee, AND BE IT FURTHER

RESOLVED, that this exemption applies only to homeowners and municipal vehicles (and the municipality’s agent), AND, BE IT FURTHER

RESOLVED, that the Solid Waste Department be and is hereby authorized to place an additional container at the Cortland County Recycling Center to accommodate those persons disposing of tires covered in this resolution, AND, BE IT FURTHER

RESOLVED, that this Resolution will become effective January 1, 2001.

Before the vote, Mr. Harrington offered a friendly amendment, was seconded by Mrs. Richards and adopted, to change the title from "Partially Rescind" to "Amend". Mr. VanDee said the County only takes in about $1,000 per year on tires and while this change was primarily because of the West Nile Virus, perhaps now the tires wouldn’t end up on the roadside. Mrs. Price commended the Solid Waste committee for the action and said it was a wonderful service to the taxpayers and indeed we would have cleaner roadsides.

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

RESOLUTION NO. 578-00

RESCIND RESOLUTION NO. 134 OF 1988 (WHITE GOODS)

SOLID WASTE/RECYCLING DEPARTMENT

WHEREAS, Resolution No. 133 of 1988 authorized the Solid Waste Department to charge a $2.00 fee per item for the following items; stoves, refrigerators, freezers, hot water heaters, dishwashers, metal cabinets, washers, dryers, furnaces, stoves, sinks, metal toilets and metal bathtubs, AND

WHEREAS, the Solid Waste Committee recommended at their October 27 Committee meeting to discontinue charging a fee for the aforementioned items, AND

WHEREAS, the Solid Waste Committee further recommended the following items to expand the list of metal items to include air conditioner units and other household items delivered by homeowners and small businesses to the Solid Waste Department (Landfill Division) effective on passage of this Resolution, NOW, THEREFORE BE IT

RESOLVED, that effective immediately that the $2.00 (two dollars) per item is hereby rescinded from the tipping fee schedule at the Cortland County Landfill, AND, BE IT FURTHER

RESOLVED, that Resolution No. 161-98 pertaining to items that contain or may have contained Freon or other CFC remains in full force and effect, AND, BE IT FURTHER

RESOLVED, that the Solid Waste Department be and is hereby authorized to place an additional container at the Cortland County Recycling Center to allow residents of Cortland County a secondary place to deposit the various metal items at no charge, AND, BE IT FURTHER

RESOLVED, that this Resolution will become effective January 1, 2001.

Mr. VanDee said there was no cost to the County, since they sold the white goods and it was essentially a break-even situation.

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

RESOLUTION. NO. 579-00

AMEND BUDGET/TRANSFER FUNDS

SOLID WASTE/RECYCLING DEPARTMENT

WHEREAS, several necessary projects were required to maintain the Recycling Center in 2000, AND

WHEREAS, the funds were not included in the 2000 Operating Budget, AND

WHEREAS, the Solid Waste Committee has approved the projects and have approved an amendment to the Budget at their November 15, 2000 Committee Meeting, NOW, THEREFORE, BE IT

RESOLVED, that the County Treasurer be and is hereby authorized and directed to transfer from the Solid Waste A8160.54050 the sum of $5,000, AND BE IT FURTHER

RESOLVED, that $5,000 be transferred to Recycling Account A81615.54050 Repair & Maintenance, AND BE IT FURTHER

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

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

RESOLUTION NO. 580-00

AMEND BUDGET/TRANSFER FUNDS

SOLID WASTE/RECYCLING DEPARTMENT

WHEREAS, several necessary projects were required to maintain the Recycling Center in 2000, AND

WHEREAS, the funds were not included in the 2000 Operating Budget, AND

WHEREAS, the Solid Waste Committee has approved the projects and have approved an amendment to the Budget at their November 15, 2000 Committee Meeting, NOW, THEREFORE, BE IT

RESOLVED, that the County Treasurer be and hereby authorized and directed to transfer from the Solid Waste A8160.54055 the sum of $6,000 AND BE IT FURTHER

RESOLVED, that $6,000 be transferred to Recycling Account A81615.51005 Personnel Services, AND BE IT FURTHER

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

Chairman Harrington declared a brief recess at 10:55 am and the meeting reconvened at 11:12 a.m.

On the motion of Mrs. Price, seconded by Mr. Dafoe and adopted, all members present voting aye, four special articles were introduced.

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

RESOLUTION NO. 581-00

ADOPT LOCAL LAW NO. 4 FOR THE YEAR 2000

A LOCAL LAW AUTHORIZING THE SUBMISSION OF AN APPLICATION BY THE CORTLAND COUNTY LEGISLATURE TO EMPIRE STATE DEVELOPMENT FOR DESIGNATION OF AN AREA WITHIN CORTLAND COUNTY AS AN EMPIRE ZONE

WHEREAS, proposed Local Law No. 4 for the year 2000 elects to authorize the submission of an application by the Cortland County Legislature to Empire State Development for designation of an area within Cortland County as an Empire Zone, AND

WHEREAS, said Local Law has been in it’s 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 thereas required by law, NOW, THEREFORE, BE IT

RESOLVED, that Local Law No. 4 for the year 2000 shall take effect upon filing as required by law.

Mr. Stoker said he was reluctant to vote for the resolution since there was not enough land involved outside the City of Cortland. Mr. Law suggested it was not worth the paper it was written on. Mr. Law asked how much time needed to lapse before the boundaries could be changed. Mr. Bernard Thoma, Thoma Development Consultants, told the legislators that twenty two acres had been set aside for future development in the County and although that was not a significant amount, it was possible to use the footprint of the development when calculating acreage. He pointed out that transferring acreage from the city to the county was not permitted. He thanked Dan Dineen, County Planning Director, and Larry Knickerbocker, County Attorney, for all the help they had provided with the preparation of the application.

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

RESOLUTION NO. 582-00

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 2000-2001, NOW, THEREFORE, BE IT

RESOLVED, that the County Budget be and hereby is amended by appropriating the sum of $350,000. to Account A61415.54800, Home Energy Assistance Program, AND BE IT FURTHER

RESOLVED, that said books and records be hereby further amended by increasing revenue in Account A60544.44641, Federal Aid Home Energy Assistance Program in the amount of $350,000, AND BE IT FURTHER

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

Mr. Stoker said it was a great program. He questioned what had happened to the idea of removing the tax from heating fuel, since so many people outside the city limits "were being hammered" with the cost of home heating fuel. Mr. Knickerbocker said the issue was one of home rule and he needed to know who was interested in pursuing the idea.

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

RESOLUTION NO. 583-00

APPROVAL TO FILL

DEPARTMENT OF SOCIAL SERVICES

SENIOR CASE AIDE/CASE AIDE/KEYBOARD SPECIALIST

WHEREAS, the position of Senior Case Aide will be vacant due to promotion, AND

WHEREAS, the Human Resource and Finance & Administration Committees recommend that the position be filled on or after 11/29/00, NOW, THEREFORE, BE IT

RESOLVED, that the Cortland County Legislature hereby approves the filling of Senior Case Aide (Grade 8, $20,692 - $23,133 (2000 salary), competitive class, Salary Grade Plan), in the Department of Social Services, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of Case Aide (Grade 6, $19,479 - $21,725 (2000 salary), competitive class, Salary Grade Plan), left vacant upon promotion of Case Aide to Senior Case Aide, AND BE IT FURTHER

RESOLVED, that the Cortland County Legislature hereby approves the filling of Keyboard Specialist (Grade 4, $18,375 - $20,445 (2000 salary), competitive class, Salary Grade Plan), left vacant upon promotion of Keyboard Specialist to Case Aide, 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 Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye,

RESOLUTION NO. 584-00

APPROVAL TO FILL

HEALTH DEPARTMENT/JACOBUS CENTER FOR REPRODUCTIVE HEALTH

ZAP PEER COORDINATOR

WHEREAS, the position of ZAP Peer Coordinator in the Health Department/Jacobus Center for Reproductive Health Division, is vacant due to a resignation, AND

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

RESOLVED, that the Cortland County Legislature hereby approves the filling of ZAP Peer Coordinator (Grade 12, $23,512 -$26,403 (2000 salary), competitive class, in the Health Department - Jacobus Center for Reproductive Health Division, on or after 11/29/00, AND BE IT FURTHER

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

On the motion of Mr. Dwyer, seconded by Mr. Teeter and adopted, all members present voting aye, the Legislature went into executive session at 11:22a.m. On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted, the Legislature came out of executive session at 12:25p.m.

On the motion of Mr. Teeter, seconded by Mrs. Contento and adopted, all members present voting aye, the meeting was recessed at 12:27p.m.