CORTLAND COUNTY LEGISLATURE
AUGUST 13TH, 2003
MINUTES
PUBLIC HEARING
Chairman Harrington opened the public hearing for proposed Local Law No. 04 for the Year 2003 (A Local Law To Extend The Time Provided To 20 Days For Review Of The Tentative Budget) at 10:10 am. He asked three times if anyone was present wishing to speak in favor of the proposed local law. No one indicated they wished to speak in favor of the proposed law. The Chairman asked three times if anyone was present wishing to speak against the proposed law. No one indicated they wanted to speak against the proposed local law. Chairman Harrington declared the public hearing for proposed Local Law No. 04 closed.
Chairman Harrington opened the public hearing for proposed Local Law No. 05 for the Year 2003 (Rescind Local Law No. 03 for the Year 1993, Authorizing Intra-Departmental Transfers) at 10:12 am. He asked three times if anyone was present wishing to speak in favor of the proposed law. No one indicated they wished to speak in favor of the proposed law. The Chairman asked three times if anyone was present wishing to speak against the proposed law. No one indicated they wished to speak against the proposed Local Law and the Chairman declared the public hearing closed at 10:14 am.
Chairman Harrington opened the public hearing for proposed Local Law No. 06 for the Year 2003 (A Local Law Amending Local Law No. 04 Of The Year 2002, To Revise An Empire Zone [Formerly Know As An Economic Development Zone]) at 10:14 am. The Chairman asked three times if anyone was present wishing to speak in favor of the proposed local law. No one indicated they wished to speak in favor of the proposed law. Chairman Harrington asked three times if anyone was present wishing to speak against the proposed law. No one indicated they wished to speak against the local law and the Chairman declared the public hearing closed at 10:16 am.
The Chairman opened the legislative session at 10:16 and led the salute to the flag. The Clerk called the roll and all members were recorded present, except Mr. Cornell excused and Mr. VanDonsel absent.
The minutes from the previous session were accepted as written.
REPORTS
On the motion of Mr. Dwyer, seconded by Mrs. Price and adopted, all members present voting aye, the Treasurer's Monthly Report was ordered received and filed.
On the motion of Mrs. Price, seconded by Mr. Wern and adopted, all members present voting aye, except Mr. Steve voting nay, the Cayuga-Cortland Workforce Development Survey Report was ordered received and filed.
ARTICLE TABLED TO DAY CERTAIN
On the motion of Mr. VanDee, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 06 became RESOLUTION NO. 351-03: AMEND BUDGET, AUTHORIZE AGREEMENT, CITY YOUTH BUREAU/CELTIC FESTIVAL.
RESOLUTIONS
On the motion of Mr. VanDee, seconded by Mr. Wern and adopted, all members present voting aye on a roll call vote, Agenda No. 07 became RESOLUTION NO. 352-03: APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN AMENDMENT.
On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, all members present voting aye on a roll call vote, Agenda No. 08 became RESOLUTION NO. 353-03: APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE PROFESSIONAL ADMINISTRATORS ASSOCIATION CONTRACT FOR THE YEARS 2003-2008.
On the motion of Mr. VanDee, seconded by Mr. Wern and adopted, all members present voting aye on a roll call vote, Agenda No. 09 became RESOLUTION NO. 354-03: APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE FACULTY ASSOCIATION CONTRACT FOR THE YEARS 2003-2008.
On the motion of Mr. VanDee, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 10 became RESOLUTION NO. 355-03: CORRECT TAX WARRANTS, ROLLS & BILLS, REAL PROPERTY TAX SERVICES, TOWN OF LAPEER.
On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 11 became RESOLUTION NO. 356-03: CORRECT TAX WARRANTS, ROLLS & BILLS, REAL PROPERTY TAX SERVICES, TOWN OF LAPEER.
On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted on a roll call vote, all members present voting aye, except Mr. Steve voting nay, Mr. Cornell excused and Mr. VanDonsel absent, Agenda No. 12 became RESOLUTION NO. 357-03: RESCIND RESOLUTION NO. 455 - 1997 AND RESOLUTION NO. 327 - 2000, ADOPT POLICY AND PROCEDURE FOR BUDGET MODIFICATIONS.
On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted on a roll call vote, all members present voting aye, Agenda No. 13 became RESOLUTION NO. 358-03: LOCAL LAW NO. 04 FOR THE YEAR 2003, EXTEND THE TIME PROVIDED TO 20 DAYS FOR REVIEW OF THE TENTATIVE BUDGET.
Mr. Allen said he hoped this would not cause further delay.
On the motion of Mr. VanDee, seconded by Mr. Teeter and adopted on a roll call vote, all members present voting aye, Agenda No. 14 became RESOLUTION NO. 359-03: LOCAL LAW NO. 05 FOR THE YEAR 2003, RESCIND LOCAL LAW NO. 03 FOR 1993 - AUTHORIZING INTRA-DEPARTMENTAL TRANSFERS.
On the motion of Mr. Ross, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 15 became RESOLUTION NO. 360-03: DECLARATION OF LEAD AGENCY, CORTLAND COUNTY EMPIRE ZONE.
On the motion of Mr. Ross, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 16 became RESOLUTION NO. 361-03: SEQRA RESOLUTION, CORTLAND COUNTY EMPIRE ZONE.
On the motion of Mr. VanDee, seconded by Mrs. Price and adopted on a roll call vote, all members present voting aye, Agenda No. 17 became RESOLUTION NO. 362-03: LOCAL LAW NO. 06 FOR THE YEAR 2003, A LOCAL LAW AMENDING LOCAL LAW NO. 04 FOR THE YEAR 2002, TO REVISE AN EMPIRE ZONE (FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE).
On the motion of Mr. Dafoe, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 18 became RESOLUTION NO. 363-03: AMEND BUDGET / TRANSFER FUNDS (BUILDINGS & GROUNDS DEPARTMENT). After clarification of the amount to be transferred, the friendly amendment was withdrawn.
On the motion of Mr. Dafoe, seconded by Mr. Wern and adopted, all members present voting aye, Agenda No. 19 became RESOLUTION NO. 364-03: AUTHORIZE USE OF CORTLAND COUNTY GYM, CORTLAND POST OFFICE, BUILDINGS & GROUNDS DEPARTMENT.
On the motion of Mrs. Richards, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 20 became RESOLUTION NO. 365-03: AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (CAPCO).
On the motion of Mrs. Richards, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 21 became RESOLUTION NO. 366-03: AUTHORIZE AGREEMENTS, MENTAL HEALTH DEPARTMENT (ALCOHOL SERVICES, INC.).
On the motion of Mrs. Richards, seconded by Mr. Wern and adopted, all members present voting aye, Agenda No. 22 became RESOLUTION NO. 367-03: AUTHORIZE AGREEMENTS, MENTAL HEALTH DEPARTMENT, PREVENTION SERVICES FOR YOUTH (CAPCO).
On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 23 became RESOLUTION NO. 368-03: AUTHORIZE AGREEMENTS/ACCEPT FUNDS, HEALTH DEPARTMENT/ SPECIAL PROGRAMS (PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM).
On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 24 became RESOLUTION NO. 369-03: AUTHORIZE AGREEMENTS, HEALTH DEPARTMENT, PUBLIC HEALTH EMERGENCY RESPONSE AND PREPAREDNESS PLAN.
Mrs. Richards withdrew Agenda No. 25 (Authorize Agreement, Health Department, NYS Nurses' Association).
On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 26 became RESOLUTION NO. 370-03: AUTHORIZE AGREEMENT, HEALTH DEPARTMENT/NURSING (LICENSED HOME HEALTH CARE SERVICES AGENCIES).
On the motion of Mrs. Richards, seconded by Mr. Steger and adopted, all members present voting aye, Agenda No. 27 became RESOLUTION NO. 371-03: AUTHORIZE AGREEMENT, HEALTH DEPARTMENT (ONONDAGA COUNTY EPIDEMIOLOGICAL ALLIANCE).
On the motion of Mr. Teeter, seconded by Mr. VanDee and adopted, all members present voting aye, Agenda No. 28 became RESOLUTION NO. 372-03: AMEND 2003 BUDGET, "CHIPS FUNDING", HIGHWAY DEPARTMENT.
On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 29 became RESOLUTION NO. 373-03: AUTHORIZE AGREEMENT, EMPLOYMENT AND TRAINING GRANT ADMINISTRATION DEPARTMENT, CAYUGA-CORTLAND WORKFORCE INVESTMENT BOARD, MEMORANDUM OF UNDERSTANDING.
On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 30 became RESOLUTION NO. 374-03: AUTHORIZE AGREEMENT, CORTLAND COUNTY DATA PROCESSING AND CORTLAND COUNTY EMPLOYMENT & TRAINING AND CORTLAND COUNTY EMPLOYMENT & TRAINING GRANT ADMINISTRATION.
Mrs. Brown withdrew Agenda No. 31 (Authorize Equipment Purchase, Area Agency on Aging, Title IIIE-Family Caregivers).
On the motion of Mr. Wern, seconded by Mr. Dwyer and adopted, all members present voting aye, except Mrs. Breed and Mr. Steve voting nay, Mr. Cornell excused and Mr. VanDonsel absent, Agenda No. 32 became RESOLUTION NO. 375-03: AUTHORIZE AGREEMENT / PROJECT MANAGER, CORTLAND COUNTY VIRGIL TOWER, TOWER SITE UPGRADE.
On the motion of Mr. Wern, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 33 became RESOLUTION NO. 376-03: AMEND BUDGET, PUBLIC DEFENDER'S OFFICE. Mr. Allen suggested outsourcing could save the county money. County Attorney Knickerbocker explained the added expense involved when judges award additional fees to attorneys. Mr. Knickerbocker assured the legislators that the Office of Public Defender was the least expensive way for the County to meet their legal obligations. Mr. O'Mara said we would probably be losing attorneys from the Public Defenders Office when they realize they can make more money as assigned council.
On the motion of Mr. Wern, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 34 became RESOLUTION NO. 377-03: AUTHORIZE SIGNATURE / ACCEPT FUNDS, NYS DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES (PROBATION DEPARTMENT). Mr. Wern told the legislators, that once again, NYS had reduced the percentage of assistance.
On the motion of Mr. Wern, seconded by Mr. Ross and adopted, all members present voting aye, except Mrs. Brown, Mr. Mudge and Mr. Harrington voting nay, Mr. Cornell excused and Mr. VanDonsel absent, Agenda No. 35 became RESOLUTION NO. 378-03: APPROVAL TO FILL, SHERIFF'S DEPARTMENT, TWO (2) CORRECTION OFFICERS.
On the motion of Mr. Dwyer, seconded by Mrs. Richards and adopted, all members present voting aye, except Mrs. Breed voting nay, Mr. Cornell excused and Mr. VanDonsel absent, Agenda No. 36 became RESOLUTION NO. 379-03: APPROVE MAINTENANCE AGREEMENT, MAIL / COPY ROOM, COLORSCAN COMPANY.
Mrs. Breed was concerned that a contract had not been negotiated with one company.
On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted on a roll call vote, all members present voting aye, except Mrs. Breed Mr. Steve and Mr. Wern voting nay, Mr. Cornell excused and Mr. VanDonsel absent, Agenda No. 37 became RESOLUTION NO. 380-03: RESCIND RESOLUTION NO. 327-98 AND ADOPT NEW POLICY, AUTHORIZATION TO FILL VACANCIES. Mrs. Breed asked about the final authority for hiring and County Administrator Schrader said the responsibility would be his and he would provide a monthly report to the legislators.
On the motion of Mr. Dwyer, seconded by Mrs. Price and adopted on a roll call vote, all members present voting aye, Agenda No. 38 became RESOLUTION NO. 381-03: RESCIND RESOLUTION NO. 406-95 AND ADOPT NEW POLICY, AUTHORIZATION TO ATTEND CONFERENCES, AUTHORIZATION TO INCUR TRAVEL EXPENSES AND MEAL REIMBURSEMENT.
Chairman Harrington reversed the order of Agenda No. 39 and Agenda No. 40.
On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted on a roll call vote, all members present voting aye, Agenda No. 40 became RESOLUTION NO. 382-03: SUSPEND CERTAIN RULES OF ORDER, CORTLAND COUNTY LEGISLATURE. Several legislators were uncomfortable with the suspension of certain rules, but Chairman Harrington reminded them that this was a trail period and they had to allow the new county administrator to do his job.
On the motion of Mr. Dwyer, seconded by Mr. Teeter and adopted on a roll call vote, all members present voting aye, except Mr. Allen, Mrs. Breed, Mr. Ross, Mr. Steve and Mr. Wern voting nay, Mr. Cornell excused and Mr. VanDonsel absent, Agenda No. 39 became RESOLUTION NO. 383-03: ADOPT POLICY AND PROCEDURE, COMMITTEE AGENDA ITEMS. Mr. Allen and Mr. Steve opposed the resolution because of their concern that discussion on important issues would be limited. Mrs. Breed expressed her concern that this trial period was during the budget process. Mrs. Price reminded the legislators that they knew they would be giving up power and authority and suggested they step aside and allow the administrator to do his job.
On the motion of Mr. Dwyer, seconded by Mr. Wern and adopted on a roll call vote, all members present voting aye, Agenda No. 41 became RESOLUTION NO. 384-03: AMEND RESOLUTION NO. 495-02, CREATE AND FILL COUNTY ADMINISTRATOR POSITION.
On the motion of Mr. Dwyer, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 42 became RESOLUTION NO. 385-03: ADOPT POLICY, NEPOTISM.
On the motion of Mrs. Contento, seconded by Mr. Steger and adopted, all members present voting aye, Agenda No. 43 became RESOLUTION NO. 386-03: AMEND 2003 BUDGET, SOLID WASTE DEPARTMENT, TO PROVIDE INSURANCE RECOVERY ACCOUNTING.
Before the vote on Agenda No. 44, Mrs. Richards made a friendly amendment, was seconded by Mr. Wern and adopted, to change 'two' to 'one' as was the intent of the resolution when it passed in the Solid Waste Committee.
On the motion of Mrs. Contento, seconded by Mr. Wern and adopted, all members present voting aye, except Mr. Harrington voting nay, the amended Agenda No. 44 became RESOLUTION NO. 387-03: ABOLISH/CREATE/APPROVAL TO FILL, SOLID WASTE DEPARTMENT, ONE LANDFILL ATTENDANT I (PT)/WEIGH SCALE OPERATOR.
On the motion of Mrs. Contento, seconded by Mr. O'Mara and adopted, all members present voting aye, except Mr. Harrington voting nay, Mr. Cornell excused and Mr. VanDonsel absent, Agenda No. 45 became RESOLUTION NO. 388-03: INCREASE HOURS (TEMPORARY), SOLID WASTE DEPARTMENT, LANDFILL ATTENDANT I.
On the motion of Mr. Teeter, seconded by Mrs. Contento and adopted, all members present voting aye, the meeting was adjourned at 11:23 am.