CORTLAND COUNTY LEGISLATURE

10:AM DECEMBER 15TH, 2003

 

MINUTES

 

Chairman Harrington called the meeting to order at 10:40 am and led the salute to the flag. The Clerk called the roll and all members were recorded present except Mr. Steger recorded excused. 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.

REPORTS

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, the Annual Report 2002 from the Area Agency on Aging was ordered received and filed.

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

On the motion of Mr. Teeter, seconded by Mrs. Price 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 Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, the bid report for Trash Removal (Buildings & Grounds Department) was ordered received and filed.

RESOLUTIONS

On the motion of Mr. Harrington, seconded by Mr. VanDee and adopted, all members present voting aye, Agenda No. 05 became RESOLUTION NO. 482-03: APPOINT MEMBER, TOMPKINS CORTLAND COMMUNITY COLLEGE, BOARD OF TRUSTEES (S. PRICE).

On the motion of Mr. Harrington, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 06 became RESOLUTION NO. 483-03: APPOINT MEMBER, COMMUNITY SERVICES BOARD (J. RICHARDS).

On the motion of Mr. Harrington, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 07 became RESOLUTION NO. 484-03: RE-APPOINT MEMBERS, AGRICULTURAL & FARMLAND PROTECTION BOARD (WM. WEDDLE & E. WRIGHT).

On the motion of Mr. Harrington, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 08 became RESOLUTION NO. 485-03: RE-APPOINT MEMBER, CORTLAND COUNTY BOARD OF HEALTH (SANDRA ATTLESTON, R.N.).

On the motion of Mr. Harrington, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. Mudge and Mr. VanDonsel voting nay and Mr. Steger excused, Agenda No. 09 became RESOLUTION NO. 486-03: APPOINT MEMBERS, EMPLOYMENT & TRAINING GRANT ADMINISTRATION, CAYUGA/ CORTLAND WORKFORCE INVESTMENT BOARD. When question why there was not an appointment for someone in Cortland County, Chairman Harrington said it was difficult to get anyone to serve and that these appointees had come highly recommended.

On the motion of Mr. VanDee, seconded by Mr. Cornell and adopted, all members present voting aye, except Mrs. Brown, Mr. Mudge, Mr. Steve, Mr. VanDee, Mr. VanDonsel and Mr. Harrington voting nay and Mr. Steger excused, Agenda No. 10 became RESOLUTION NO. 487-03: A RESOLUTION DELEGATING TO THE COUNTY TREASURER OF THE COUNTY OF CORTLAND, NEW YORK, THE POWER TO AUTHORIZE THE ISSUANCE AND SALE OF NOT EXCEEDING $2,750,000 REVENUE ANTICIPATION NOTES OF SAID COUNTY IN ANTICIPATION OF THE COLLECTION OF REVENUES TO BE RECEIVED AS STATE AND/OR FEDERAL AID BY SAID COUNTY IN THE CURRENT 2003 FISCAL YEAR OF SAID COUNTY.

On the motion of Mr. VanDee and Mr. Wern, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 11 became RESOLUTION NO. 488-03: RESOLUTION TO SUPPORT AND JOIN INTO LAWSUIT AGAINST BRION TRAVIS (CHAIRMAN OF THE NYS DIVISION OF PAROLE) AND THE NYS DIVISION OF PAROLE. Mr. VanDonsel explained the discrepancy between payment by NYS and the actual cost of keeping state parole violators in the county jail. The problem is compounded by the tendency to leave state parole violators in county jails for increasingly longer and longer periods of time.

On the motion of Mr. VanDee and seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. VanDee, Mr. Teeter, Mr. Wern, Mr. Ross and Mrs. Brown voting nay and Mr. Steger excused, the amended Agenda No. 12 became RESOLUTION NO. 489-03: CLOSE RESERVE ACCOUNT, PAVILION ROOF REPAIR. Prior to the vote, Mr. VanDonsel offered a friendly amendment to transfer the balance into a Capital Reserve account for pavilion improvements, was seconded by Mr. Allen and adopted, all members present voting aye, except Mr. Wern, Mr. VanDee, Mr. Teeter, Mrs. Brown and Ross voting nay and Mr. Steger excused. Mr. Dwyer reminded the legislators of the origin of the funds and said the balance should be returned to that account.

On the motion of Mr. Ross, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 13 became RESOLUTION NO. 490-03: AUTHORIZE AGREEMENT, PLANNING DEPARTMENT (ARCINFO SOFTWARE SUPPORT/ MAINTENANCE).

On the motion of Mr. Dafoe, seconded by Mr. Cornell and adopted, all members present voting aye, except Mr. Dwyer, Mr. Steve, Mr. Allen, Mrs. Breed and Mrs. Richards voting nay and Mr. Steger excused, the amended Agenda No. 14 became RESOLUTION NO. 491-03: AUTHORIZE AGREEMENT EXTENSION, BUILDINGS & GROUNDS DEPARTMENT (ROBBINS VENDING). Prior to the vote, Mr. VanDee offered a friendly amendment to change the term of the agreement to three years, was seconded by Mr. O’Mara and adopted, all members present voting aye, except Mr. Dwyer, Mr. Steve, Mrs. Contento, Mr. Mudge, Mr. VanDonsel, Mr. Allen, Mrs. Breed and Mrs. Richards voting nay and Mr. Steger excused.

On the motion of Mr. Dafoe, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 15 became RESOLUTION NO. 492-03: ACCEPT BID/AUTHORIZE AGREEMENT, BUILDINGS & GROUNDS DEPARTMENT, WASTE MANAGEMENT OF NEW YORK, LLC.

On the motion of Mrs. Richards, seconded by Mr. Teeter, Agenda No. 16 (Authorize Agreement/Accept Funds, Create/Approval To Fill, Public Health Educator, Health Department/Special Programs [Eat Well Play Hard Program]) was introduced. There were a number of questions including the possible duplication of services. Mr. VanDonsel made a motion to table Agenda No. 16 to time certain (December 19th, 2003), was seconded by Mr. Allen and adopted, all members present voting aye, except Mrs. Richards voting nay and Mr. Steger excused.

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 17 became RESOLUTION NO. 493-03:AUTHORIZE AGREEMENT, HEALTH DEPARTMENT/JACOBUS CENTER FOR REPRODUCTIVE HEALTH.

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 18 became RESOLUTION NO. 494-03: AUTHORIZE MEMORANDUM OF UNDERSTANDING, MENTAL HEALTH DEPARTMENT (CORTLAND MEMORIAL HOSPITAL).

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 19 became RESOLUTION NO. 495-03: AUTHORIZE AGREEMENTS, MENTAL HEALTH DEPARTMENT (MENTAL HYGIENE AGENCIES – RE-INVESTMENT).

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 20 became RESOLUTION NO. 496-03: AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (SEVEN VALLEY COUNCIL ON ALCOHOL & SUBSTANCE ABUSE).

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 21 became RESOLUTION NO. 497-03: AMEND BUDGETS/AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (J.M. MURRAY CENTER AND CATHOLIC CHARITIES COMMUNITY SUPPORT SERVICES PROGRAMS).

On the motion of Mrs. Richards, seconded by Mr. O’Mara and adopted, all members present voting aye, Agenda No. 22 became RESOLUTION NO. 498-03: AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (CATHOLIC CHARITIES).

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 23 became RESOLUTION NO. 499-03: AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (CORTLAND CITY SCHOOL DISTRICT).

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 24 became RESOLUTION NO. 500-03: AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (FAMILY COUNSELING SERVICES).

On the motion of Mrs. Richards, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 25 became RESOLUTION NO. 501-03: AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (SENTRY ALARMS).

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 26 became RESOLUTION NO. 502-03: AUTHORIZE AGREEMENTS, MENTAL HEALTH DEPARTMENT.

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 27 became RESOLUTION NO. 503-03: AUTHORIZE AGREEMENTS, MENTAL HEALTH DEPARTMENT (INTENSIVE CASE MANAGEMENT).

On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 28 became RESOLUTION NO. 504-03: ACCEPT GRANT / AMEND BUDGET, DEPARTMENT OF E&T GRANT ADMINISTRATION, NYS DEPARTMENT OF LABOR – STRATEGIC PLANNING FOR A HUMAN CAPITAL ADVANTAGE.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, except Mr. Steve voting nay and Mr. Steger excused, Agenda No. 29 became RESOLUTION NO. 505-03: AUTHORIZE AGREEMENT, DEPARTMENT OF EMPLOYMENT AND TRAINING AND THE NYS DEPARTMENT OF LABOR.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 30 became RESOLUTION NO. 506-03: ACCEPT BIDS/ AUTHORIZE PURCHASE, AREA AGENCY ON AGING/NUTRITION, MISC. GROCERIES AND FROZEN FOODS.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 31 became RESOLUTION NO. 507-03: ACCEPT BIDS/ AUTHORIZE PURCHASE, AREA AGENCY ON AGING/NUTRITION, PAPER GOODS AND MAINTENANCE SUPPLIES.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 32 became RESOLUTION NO. 508-03: AUTHORIZE AGREEMENT, AREA AGENCY ON AGING/NUTRITION, CORTLAND MEMORIAL HOSPITAL.

On the motion of Mrs. Brown, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 33 became RESOLUTION NO. 509-03: AUTHORIZE AGREEMENT, AREA AGENCY ON AGING, CORTLAND CARE CENTER.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 34 became RESOLUTION NO. 510-03: AUTHORIZE AGREEMENT, AREA AGENCY ON AGING, CORTLAND MEMORIAL HOSPITAL NURSING FACILITY.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 35 became RESOLUTION NO. 511-03: AUTHORIZE AGREEMENT, AREA AGENCY ON AGING/NUTRITION, SYRACUSE UNIVERSITY.

On the motion of Mr. Wern, seconded by Mr. Cornell and adopted, all members present voting aye, except Mr. O’Mara, Mr. VanDee, Mr. Teeter and Mr. Harrington voting nay and Mr. Steger excused, Agenda No. 36 became RESOLUTION NO. 512-03: AUTHORIZE AGREEMENT/AMEND BUDGET, "BUCKLE UP NEW YORK", SHERIFF’S DEPARTMENT. Mr. O’Mara objected to New York State spending money enforcing the seat belt law, when it was a matter of personal choice. He felt there were more important law enforcement needs.

On the motion of Mr. Wern, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 37 became RESOLUTION NO. 513-03: AUTHORIZE AGREEMENT/AMEND BUDGET, CHILD PASSENGER SAFETY PROGRAM, SHERIFF’S DEPARTMENT.

On the motion of Mr. Wern, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 38 became RESOLUTION NO. 514-03: AUTHORIZE AGREEMENT, SHERIFF’S DEPARTMENT/JAIL, ONEIDA COUNTY – CNY PSYCHIATRIC CENTER FORENSIC UNIT SERVICES.

On the motion of Mr. Wern, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 39 became RESOLUTION NO. 515-03: AUTHORIZE AGREEMENT, SHERIFF’S DEPARTMENT/E911, AAT COMMUNICATIONS SYSTEM CORPORATION.

At 11:20 am Chairman Harrington declared a five-minute recess. The legislative session resumed at 11:25 a.m.

On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. Steve, Mr. Cornell, Mr. Wern, Mr. VanDonsel and Mr. Allen voting nay and Mr. Steger excused, Agenda No. 40 became RESOLUTION NO. 516-03: MILEAGE PAYMENT, LEGISLATIVE SESSIONS/COMMITTEE MEETINGS. Mr. VanDonsel questioned the present method and Mrs. Price explained that this resolution was needed to clarify the situation if ever claims were questionable. Mr. Steve commented that all of the resolutions on rules changes were rushed, lacked details and were not thought out completely. He felt the Personnel Committee should have given the issue more time.

On the motion of Mr. Dwyer, seconded by Mr. Teeter and adopted on a two-thirds roll call vote, all members present voting aye, except Mr. Steve voting nay and Mr. Steger excused, Agenda No. 41 became RESOLUTION NO. 517-03: AMEND RULES OF ORDER, CORTLAND COUNTY LEGISLATURE.

On the motion of Mr. Dwyer, seconded by Mrs., Price and adopted on a two-thirds roll call vote, all members present voting aye, except Mr. Steve voting nay and Mr. Steger excused, Agenda No. 42 became RESOLUTION NO. 518-03: AMEND RULES OF ORDER, CORTLAND COUNTY LEGISLATURE.

On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted on a two-thirds roll call vote, all members present voting aye, except Mr. Steve voting nay and Mr. Steger excused, Agenda No. 43 became RESOLUTION NO. 519-03: AMEND RULES OF ORDER, CORTLAND COUNTY LEGISLATURE.

On the motion of Mr. Dwyer and seconded by Mrs. Brown, Agenda No. 44 (Amend Rules of Order, Cortland County Legislature) failed on a two-thirds roll call vote, with all members present voting aye, except Mr. Allen, Mrs. Breed, Mr. Cornell, Mr. Ross Mr. Steve, Mr. VanDonsel and Mr. Wern voting nay and Mr. Steger excused.

Mr. Allen said he had a number of unanswered questions and Mrs. Breed said the list of responsibilities of the county administrator was incomplete.

On the motion of Mr. Dwyer, seconded by Mr. Steve and adopted on a two-thirds roll call vote, all members present voting aye, except Mr. O’Mara, Mr. VanDee and Mr. Harrington voting nay and Mr. Steger excused, Agenda No. 45 became RESOLUTION NO. 520-03: AMEND RULES OF ORDER, CORTLAND COUNTY LEGISLATURE.

Mr. O’Mara questioned why the legislature continued to vote on this issue. A discussion on past incidents ensued.

On the motion of Mr. Dwyer and seconded by Mr. Teeter, Agenda No. 46 (Amend Rules of Order, Cortland County Legislature) failed on a two-thirds roll call vote, with all members present voting nay, except Mr. Dwyer, Mrs. Price and Mr. Harrington voting aye and Mr. Steger excused. Mrs. Brown said the county administrator should be responsible to the Budget & Finance Committee rather than the Personnel Committee.

On the motion of Mr. Dwyer, seconded by Mrs. Price and adopted on a two-thirds roll call vote with all members present voting aye, except Mr. Steve voting nay and Mr. Steger excused, the amended Agenda No. 47 became RESOLUTION NO. 521-03: AMEND RULES OF ORDER, CORTLAND COUNTY LEGISLATURE. Prior to the vote, Mr. VanDonsel offered a friendly amendment to add a ‘resolve’ that eliminated the Solid Waste Committee, was seconded by Mr. Cornell and adopted with all members present voting aye.

On the motion of Mr. Cornell, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 48 became RESOLUTION NO. 522-03: AMEND 2003 BUDGET, HIGHWAY DEPARTMENT/SOLID WASTE.

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

On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, Special Article No. 01 became RESOLUTION NO. 523-03: AUTHORIZE AGREEMENTS, DEPARTMENT OF SOCIAL SERVICES (WORK EXPERIENCE AGREEMENTS).

On the motion of Mr. Harrington, seconded by Mr. VanDee and adopted on a roll call vote, all members present voting aye, except Mr. Steve voting nay and Mr. Steger excused, Special Article No. 02 became RESOLUTION NO. 524-03: REVISE 2004 TENTATIVE BUDGET.

On the motion of Mr. Teeter, seconded by Mr. Wern and adopted, all members present voting aye, the meeting was recessed at 11:58 am.

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