01 Proposed Local Law No. 05 for 2002: A Local Law Modifying the Term of Office of Cortland County Legislators from Two Years to Four Years

Chairman Harrington opened the public hearing at 10:00 am by asking if anyone wished to speak in favor of the proposed local law. Jackie Gailor, Director of Public Health and Sharon Stevans, Director of Aging, both spoke in favor of the proposed law. They both emphasized the continuity associated with longer terms and the importance of a public referendum to allow the public to make a decision.

Chairman Harrington asked if anyone wished to speak against the proposed local law. John Carroll spoke against the local law, suggesting it was for the benefit of the incumbents and ‘why fix it when it isn’t broken’. Robert Neville thanked the legislators for their good work, but objected to the local law because it would deny him his right to vote for his representative. Finally, Helen Ackroyd said the referendum was certainly a good idea, but she would like to see it combined with possible term limits

No one else indicated they wanted to speak in favor of or against the proposed local law. Chairman Harrington declared the public hearing closed at 10:10 am.

02 The public hearing for proposed Local Law No. 06 for 2002: A Local Law Adopting the 2002 Retirement Incentive Program (all) was withdrawn by Mr. VanDee.

03 Proposed Local Law No. 07 for 2002: A Local Law Adopting the 2002 Retirement Incentive Program (targeted)

Chairman Harrington asked three times if anyone wished to speak against the proposed local law. No one indicated they wanted to speak against the retirement program. Mr. Harrington asked if anyone wanted to speak in favor of the proposed local law. Mr. John Carroll spoke, suggesting it was a good method to help contain the cost of county government. No one else indicated they wished to speak and Chairman Harrington closed the public hearing at 10:20 am.

Chairman Harrington called the legislative session to order at 10:20 am and led the salute to the flag. The Clerk called the roll and all members were recorded present, except Mr. Wern recorded absent. On the motion of Mr. Teeter, seconded by Mr. Cornell and adopted, all members present voting aye, the minutes from the previous session were approved.

PRIVILEGE OF THE FLOOR

Sheriff Lee Price introduced Captain Larry Jackman, Commander of Troop C of the New York State Police. Captain Jackman gave a brief history of his experience and stressed the importance of cooperation between all of the law enforcement agencies in the area.

Legislator Sandra Price, Chairman of the Constituency Information Committee, briefed the legislators on the work of the committee and asked for direction and input from the others. Suggestions ranged from video productions to web pages and newsletters.

On the motion of Mrs. Price, seconded by Mr. VanDee and adopted, all members present voting aye, the 2^nd Quarter Sales Tax Distribution 2002 report was ordered received and filed.

On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, the bid report for Miscellaneous Groceries and Frozen Foods from the Area Agency on Aging was ordered received and filed.

On the motion of Mr. Harrington, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 07 became RESOLUTION NO. 277-02: APPOINT NEW MEMBER, CORTLAND COUNTY YOUTH BOARD (CATHERINE GLAVE).

Mr. VanDee withdrew Agenda No. 08 (Adopt Proposed Local Law No. 06 for the Year 2002, 2002 Retirement Incentive Program [all]).

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted on a roll call vote, with all members present voting aye, except Mr. Allen, Mr. Cornell and Mr. Steve voting nay and Mr. Wern recorded absent, Agenda No. 09 became RESOLUTION NO. 278-02: ADOPT PROPOSED LOCAL LAW NO. 05 FOR 2002, 2002 RETIREMENT INCENTIVE PROGRAM (TARGETED). Mr. Cornell asked for a postponement on the vote because he had received the information only an hour earlier. Mr. VanDee said these were conservative estimates and the county would save money. He also said some employees, who had worked hard for the county, were interested in retirement and deserved to leave with dignity. Mr. O’Mara and Mrs. Richards agreed. Mr. Steve suggested more work needed to be done to refine the list. Mr. VanDonsel said the money was important to the county, but there was also value for restructuring and allowing the employees to leave with dignity. He suggested this was not an opportunity to be missed. The discussion continued with consensus being it would save the county money, although the amount was questionable. Mr. Harrington said for the plan to be effective, it was critical that the legislators play ‘hardball’ and hire only entry level personnel or not hire at all.

On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 10 became RESOLUTION NO. 279-02: SUPPORT STATE ASSUMPTION OF UNFUNDED MANDATES. Mr. O’Mara said that 40% of our taxes go to pay for Medicaid and Mrs. Price said that without this expense the county would have had a 16% reduction in taxes instead of a 20% increase.

Mr. VanDonsel requested and was granted permission to abstain on Agenda No. 11. On the motion of Mr. VanDee, seconded by Mrs. Contento and adopted, all members present voting aye, except Mr. VanDonsel abstaining and Mr. Wern recorded absent, Agenda No. 11 became RESOLUTION NO. 280-02: LEASE OR TRANSFER OF LAND TO TOMPKINS CORTLAND COMMUNITY COLLEGE FOUNDATION, INC. (FOR STUDENT HOUSING FACILITY PARKING LOT), TOMPKINS CORTLAND COMMUNITY COLLEGE.

On the motion of Mr. Dafoe, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 12 became RESOLUTION NO. 281-02: ACCEPT BIDS/AUTHORIZE AGREEMENT, BUILDINGS & GROUNDS DEPARTMENT (TRASH SERVICE).

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 13 became RESOLUTION NO. 282-02: AUTHORIZE AGREEMENTS, HEALTH DEPARTMENT/NURSING (RICHARD MCNEILLY, CPA).

On the motion of Mrs. Richards, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 14 became RESOLUTION NO. 283-02: AUTHORIZE TRAVEL, HEALTH DEPARTMENT/HEALTH EDUCATION (CINDY JACONSKI, CHRISTELLA YONTA, SHERRI CARROW).

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 15 became RESOLUTION NO. 284-02: APPROVAL TO FILL, HEALTH DEPARTMENT/JACOBUS CENTER, ZAP PROGRAM COORDINATOR (PT – 20HRS/WK).

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 16 became RESOLUTION NO. 285-02: AUTHORIZE AGREEMENTS/ACCEPT GRANT, HEALTH DEPARTMENT/ JACOBUS CENTER FOR REPRODUCTIVE HEALTH, ZAP.

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. VanDonsel voting nay and Mr. Wern recorded absent, Agenda No. 17 became RESOLUTION NO. 286-02: AUTHORIZE ADDENDUM TO TRANSPORTATION CONTRACT FOR CHILDREN WITH SPECIAL NEEDS (BIRTH TO 5), HEALTH DEPARTMENT/PRE-K, EARLY INTERVENTION. Mrs. Richards said it was a very expensive mandated service and alternatives were being explored.

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 18 became RESOLUTION NO. 287-02: APPROVAL TO FILL, HEALTH DEPARTMENT, REGISTERED PROFESSIONAL NURSE.

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 19 became RESOLUTION NO. 288-02: AUTHORIZE AGREEMENTS, MENTAL HEALTH DEPARTMENT (PREVENTION SERVICES FOR YOUTH).

On the motion of Mr. Teeter, seconded by Mr. Ross and adopted, all members present voting aye, except Mr. Steve, Mr. Cornell, Mr. Dafoe, Mr. VanDonsel, Mrs. Brown, Mr. Guido and Mr. Mudge voting nay and Mr. Wern recorded absent, Agenda No. 20 became RESOLUTION NO. 289-02: TRANSFER FUNDS/ EQUIPMENT MAINTENANCE FACILITY, HIGHWAY DEPARTMENT. Mr. Steve asked about the contingency overrun, but did not receive an answer.

On the motion of Mrs. Brown, seconded by Mr. VanDee and adopted, all members present voting aye, Agenda No. 21 became RESOLUTION NO. 290-02: ACCEPT BIDS/AUTHORIZE PURCHASE, AREA AGENCY ON AGING/NUTRITION, MISCELLANEOUS GROCERIES AND FROZEN FOODS.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 22 became RESOLUTION NO. 291-02: AMEND BUDGET, AREA AGENCY ON AGING (EXPANDED IN-HOME SERVICES FOR THE ELDERLY – SERVICES).

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 23 became RESOLUTION NO. 292-02: AMEND BUDGET, AREA AGENCY ON AGING (COMMUNITY SERVICES FOR THE ELDERLY PROGRAM).

On the motion of Mrs. Brown, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 24 became RESOLUTION NO. 293-02; APPROVAL TO FILL, AREA AGENCY ON AGING, ACCOUNT CLERK/TYPIST.

On the motion of Mrs. Brown, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 25 became RESOLUTION NO. 294-02: APPROVAL TO FILL, AREA AGENCY ON AGING, COORDINATOR, SERVICES FOR THE AGING/SPECIALIST.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 26 became RESOLUTION NO. 295-02: APPROVAL TO FILL, AREA AGENCY ON AGING/NUTRITION PROGRAM, NUTRITION PROGRAM ASSISTANT (PT – 17 HRS/WK).

On the motion of Mrs. Brown, seconded by Mr. Guido and adopted, all members present voting aye, Agenda No. 27 became RESOLUTION NO. 296-02: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, DIRECTOR OF INCOME MAINTENANCE.

On the motion of Mrs. Brown, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 28 became RESOLUTION NO. 297-02: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, DEPUTY COMMISSIONER OF SOCIAL SERVICES.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 29 became RESOLUTION NO. 298-02: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, DSS FISCAL MANAGER.

On the motion of Mrs. Brown, seconded by Mr. Steve and adopted, all members present voting aye, Agenda No. 30 became RESOLUTION NO. 299-02: ABOLISH/ CREATE/APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, OFFICE MANAGER/SOCIAL WELFARE EXAMINER TRAINEE.

On the motion of Mrs. Brown, seconded by Mr. Steve and adopted, all members present voting aye, Agenda No. 31 became RESOLUTION NO. 300-02: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, SYSTEM ADMINISTRATOR.

On the motion of Mrs. Brown, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 32 became RESOLUTION NO. 301-02: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, SOCIAL WELFARE EXAMINER TRAINEE.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 33 became RESOLUTION NO. 302-02: CREATE/ APPROVAL TO FILL TEMPORARY POSITIONS, DEPARTMENT OF SOCIAL SERVICES (HOME ENERGY ASSISTANCE PROGRAM – HEAP).

On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 34 became RESOLUTION NO. 303-02: AMEND BUDGET, DEPARTMENT OF SOCIAL SERVICES, TANF SERVICES BLOCK GRANT (NYS DIVISION OF TEMPORARY ASSISTANCE).

On the motion of Mrs. Brown, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 35 became RESOLUTION NO. 304-02: AMEND BUDGET, DEPARTMENT OF SOCIAL SERVICES, NEW YORK WORKS BLOCK GRANT – CASP III (NYS DIVISION OF TEMPORARY ASSISTANCE).

On the motion of Mr. O’Mara, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 36 became RESOLUTION NO. 305-02: APPROVAL TO FILL, SHERIFF’S DEPARTMENT, CORRECTION OFFICERS (THREE).

On the motion of Mr. O’Mara, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 37 became RESOLUTION NO. 306-02: ACCEPT BIDS/AUTHORIZE PURCHASE, SHERIFF’S DEPARTMENT/911 CENTER, AAT COMMUNICATIONS SYSTEMS CORPORATION. Chairman Harrington asked the Judiciary Committee about charge backs to the towns and villages.

On the motion of Mr. O’Mara, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 38 became RESOLUTION NO. 307-02: AUTHORIZE PURCHASE, SHERIFF’S DEPARTMENT/911 CENTER, DIALOGIC COMMUNICATIONS CORPORATION.

On the motion of Mr. O’Mara, seconded by Mr. Dwyer and adopted, all members present voting aye, except Mrs. Brown, Mr. VanDee and Mr. Harrington voting nay and Mr. Wern recorded absent, Agenda No. 39 became RESOLUTION NO. 308-02: AUTHORIZE PROPOSAL, ASBESTOS ABATEMENT/VIRGIL TOWER, SHERIFF’S DEPARTMENT/911 CENTER.

On the motion of Mr. O’Mara, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 40 became RESOLUTION NO. 309-02: APPROVE INTERIM ANNUAL PLAN UPDATE, OFFICE OF CHILDREN & FAMILY SERVICES, YOUTH BUREAU.

Mr. Dwyer withdrew Agenda No. 41 (Amend Term of Office, Commissioners of Election).

On the motion of Mr. Dwyer, seconded by Mr. Ross and adopted on a roll call vote, with all members present voting aye (26,011, 24,300 needed for passage), except Mr. Allen, Mrs. Contento, Mr. Cornell, Mr. Guido, Mr. Steger, Mr. Steve, Mr. Teeter and Mr. Harrington voting nay and Mr. Wern recorded absent, the amended Agenda No. 42 became RESOLUTION NO. 310-02: AUTHORIZE PROPOSED LOCAL LAW NO. 05 OF THE YEAR 2002, MODIFYING THE TERM OF OFFICE OF CORTLAND COUNTY LEGISLATORS FROM TWO YEARS TO FOUR YEARS.

Mrs. Brown and Mr. Dwyer said it was time to put the issue to rest and let the voters of Cortland County make the decision. Mr. Steve suggested there were a number of variables and the legislature should put together a package, all of which required more study. Mr. VanDonsel said this was a prime election year and the question should be put to a referendum. He said the Cortland Standard, 19 legislators nor a handful of speakers should not decide this issue. And he continued that there was ample opportunity to change the proposed local law and it wasn’t done, so now every voter will have an opportunity to speak. Mrs. Richards, Mrs. Contento, Mr. Ross, Mr. O’Mara and Mr. VanDee all added their opinion that the issue should go to the voters for a decision. Chairman Harrington commented that this was one of the few issues that required a mandatory referendum and it was best to settle one issue at a time.

Before the vote on Agenda No. 42, Mr. VanDonsel requested a change in the resolution that would eliminate the first ‘Whereas’ (Whereas, the Personnel Committee of the Cortland County Legislature is desirous of and considers it advantageous to increase the term of members of the Cortland County Legislature from two years to four years, and). Mrs. Price seconded and all members voted aye except Mr. Steve voting nay and Mr. Wern recorded absent.

On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 43 became RESOLUTION NO. 311-02: ACCEPTANCE OF LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT (PROJECT NUMBER 0580-03-2298).

On the motion of Mr. Dwyer, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 44 became RESOLUTION NO. 312-02: APPROVAL TO FILL, COUNTY CLERK’S OFFICE, TITLE RECORDER.

On the motion of Mr. Dwyer, seconded by Mr. Guido and adopted, all members present voting aye, except Mr. Teeter voting nay and Mr. Wern recorded absent, Agenda No. 45 became RESOLUTION NO. 313-02: CREATE DEPARTMENT, COUNTY MANAGER. Mrs. Brown said this was an important step and even though it required some revision, she would vote in favor of it. Mr. VanDonsel said this was an opportunity to consider rule changes to help make the manager’s position successful. He suggested that the chairman appoint a committee to review the rules and process. Chairman Harrington said the rules were recently reviewed and are again being reviewed in the Personnel Committee. He added that we had to recognize the fact that we had to pay for the services that people demand and we could not expect a county manager to walk on water. Mr. Teeter expressed his concern about where the additional funds would come from and a lack of answers on the issue.

On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 46 became RESOLUTION NO. 314-02: AMEND BUDGET, PERSONNEL/CIVIL SERVICE DEPARTMENT, BLUE CROSS/BLUE SHIELD BOND AMOUNT – LETTER OF CREDIT.

On the motion of Mr. Dwyer, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 47 became RESOLUTION NO. 315-02: AMEND BUDGET/TRANSFER FUNDS, PERSONNEL/CIVIL SERVICE DEPARTMENT, UNEMPLOYMENT ACCOUNT.

On the motion of Mr. Ross, seconded by Mr. Steger and adopted, all members present voting aye, Agenda No. 48 became RESOLUTION NO. 316-02: AUTHORIZE GRANT APPLICATION, PLANNING DEPARTMENT, NYSDOT TRANSPORTATION PLANNING FOR LOCALITIES.

On the motion of Mr. Cornell, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 49 became RESOLUTION NO. 317-02: AMEND BUDGET/AUTHORIZE PURCHASE, SOLID WASTE DEPARTMENT (TRUCK SCALE).

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

On the motion of Mr. O’Mara, seconded by Mr. VanDee and adopted, all members present voting aye, Special Article No. 01 became RESOLUTION NO. 318-02: ACCEPT PROPOSAL, ENGINEERING SERVICES/VIRGIL TOWER (BARTON & LOGUIDICE, P.C.), SHERIFF’S DEPARTMENT/911 CENTER. Mr. Paul Duddon, Barton & Loguidice, was present to answer questions.

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, Special Article No. 2 became RESOLUTION NO. 319-02: CORTLAND COUNTY LEGISLATURE SUPPORT OF NYSACHO PROPOSAL TO RESTRUCTURE NEW YORK STATE’S EARLY INTERVENTION PROGRAM. Mrs. Richards commented that it was a case of more unfunded mandates and New York State must give the counties some relief.

On the motion of Mr. Dwyer and seconded by Mrs. Price, Special Article No. 03 (Amend County Health Insurance Policy) failed on a roll call vote with Mr. Dwyer, Mr. O’Mara and Mrs. Price voting aye and all others voting nay. Mrs. Price said we had to be consistent and fair to the retiree’s. Mrs. Brown countered that it was not fair to the rest of the employees.

On the motion of Mr. O’Mara, seconded by Mr. VanDee and adopted, all members present voting aye, the legislature went into executive session at 12 noon. On the motion of Mr. Steve, seconded by Mrs. Richards and adopted, all members present voting aye, the legislature came out of executive session at 12:18 pm.

On the motion of Mr. Teeter, seconded by Mrs. Brown and adopted, all members present voting aye, the meeting was adjourned at 12:20 PM.

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