Chairman Harrington called the meeting to order at 10:16 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 Mrs. Contento and adopted, all members present voting aye, the minutes from the previous session were approved.

Chairman Harrington opened the public hearing for Local Law No. 08 For The Year 2003 (A Local Law Amending Local Law No. 06 Of The Year 2003, To Revise An Empire Zone [Formerly Known As An Economic Zone]) and the Clerk read the legal notice as published. Chairman Harrington asked three times if anyone was present to speak in favor of proposed Local Law No. 08. No one indicated they wished to speak in favor of Local Law No. 08. Chairman Harrington asked three times if anyone was present to speak against proposed Local Law No. 08. No one indicated they wished to speak against the local law and Chairman Harrington declared the public hearing closed.

REPORTS

On the motion of Mr. Teeter, seconded by Mr. Allen and adopted, all members present voting aye, the report on Amount of Unpaid Village Taxes Chargeable For The Year 2003 (Treasurer’s Office) was ordered received and filed.

On the motion of Mr. Cornell, seconded by Mr. Teeter and adopted, all members present voting aye, the report on Amount Of Unpaid School Taxes (By Towns) Chargeable For The Year 2003 (Treasurer’s Office) was ordered received and filed.

On the motion of Mrs. Price, seconded by Mr. Dwyer and adopted, all members present voting aye, the report on Amount Of Unpaid School Taxes (By School Districts) Chargeable For The Year 2003 (Treasurer’s Office) was ordered received and filed.

On the motion of Mr. Allen, seconded by Mrs. Price and adopted, all members present voting aye, the Town General and Highway Report (Real Property Tax Services) was ordered received and filed.

On the motion of Mrs. Price, seconded by Mr. Dwyer and adopted, all members present voting aye, the Summary of Valuation Report (Real Property Tax Services) was ordered received and filed.

CORRESPONDENCE

On the motion of Mr. Teeter, seconded by Mrs. Price and adopted, all members present voting aye, Richard C. VanDonsel’s letter of resignation from the Tompkins Cortland Community College Board of Trustees was accepted with regret and ordered received and filed.

On the motion of Mrs. Price, seconded by Mr. Dwyer and adopted, all members present voting aye, Richard C. VanDonsel’s letter of resignation from both the Empire Zone Advisory Board and the Region 7 Forestry Practices Board was accepted with regret and ordered received and filed.

ARTICLE TABLED TO DAY CERTAIN

On the motion of Mrs. Richards and seconded by Mr. Teeter, Agenda No. 09 (Authorize Agreement/Accept Funds, Create/Approval to Fill, Public Health Educator, Health Department/Special Programs [Eat Well Play Hard Program]) was introduced. Public Health Director Gailor explained the program and said the program stressed prevention of obesity and was not a duplication of other services. Mrs. Breed said she had a problem with duplication of services and NYS telling us how we had to spend the money. Mr. VanDonsel offered a friendly amendment to separate the original into two separate resolutions, was seconded by Mr. O’Mara and adopted, all members present voting aye. Mr. VanDonsel also made a friendly amendment to change ‘incumbent’ to ‘new hire’, was seconded by Mr. Steve and adopted, all members present voting aye.

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Allen and Mrs. Breed voting nay and Mr. Steger recorded excused, the amended Agenda No. 09 became RESOLUTION NO. 525-03: AUTHORIZE AGREEMENT/ACCEPT FUNDS, HEALTH DEPARTMENT/SPECIAL PROGRAMS (EAT WELL PLAY HARD PROGRAM).

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Allen and Mrs. Breed voting nay and Mr. Steger recorded excused, the amended Agenda No. 09 became RESOLUTION NO. 526-03: CREATE/ APPROVAL TO FILL, PUBLIC HEALTH EDUCATOR, HEALTH DEPARTMENT/SPECIAL PROGRAMS (EAT WELL PLAY HARD PROGRAM).

On the motion of Mr. Harrington, seconded by Mrs. Richards and adopted, all members present voting aye, except Mr. VanDonsel voting nay and Mr. Steger recorded excused, Agenda No. 10 became RESOLUTION 527-03: SET DATE FOR 2004 ORGANIZATIONAL MEETING, CORTLAND COUNTY LEGISLATURE.

On the motion of Mr. Harrington, seconded by Mr. Dafoe and adopted, all members present voting aye, Agenda No. 11 became RESOLUTION NO. 529-03: APPOINT MEMBERS, CORTLAND COUNTY YOUTH BOARD (K. KROOT, R. MCCLURE, T. MILLER, B. MONTELEONE, S. SMITH, A. WALKER & S.A. WALLER). Mr. O’Mara commented on the Eugene Leombruno Youth Award being presented to JoAnn Wickman and suggested that the presentation should be made at a legislature session.

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted on a roll call vote, all members present voting aye, Agenda No. 12 became RESOLUTION NO. 528-03: ADOPT LOCAL LAW NO. 08 FOR 2003, A LOCAL LAW AMENDING LOCAL LAW NO. 06 OF THE YEAR 2003 (TO REVISE AN EMPIRE ZONE – FORMERLY KNOWN AS AN ECONOMIC DEVELOPMENT ZONE).

On the motion of Mr. VanDee and seconded by Mrs. Brown, Agenda No. 13 (Adopt 2004 County Budget) was introduced. Chairman Harrington declared a recess at 10:40 am to allow the legislators to discuss the nine amendments that were being offered to the budget. The legislative session resumed at 11:33 am.

On the motion of Mr. O’Mara, seconded by Mr. Dafoe and adopted on a roll call vote, with all members present voting aye, except Mr. VanDonsel voting nay and Mr. Steger recorded excused, Amendment No. 01 (Raise for County Attorney Personnel) became part of the 2004 budget.

On the motion of Mrs. Breed, seconded by Mr. Cornell and adopted on a roll call vote with all members present voting aye, except Mrs. Brown, Mr. Dwyer, Mr. Mudge, Mr. O’Mara, Mr. Teeter, Mr. VanDee, Mr. VanDonsel and Mr. Harrington voting nay and Mr. Steger recorded excused, Amendment No. 02 (Restoration of FT ATI Coordinator) became part of the 2004 budget. Mrs. Breed said it was an important position and actually saved the County money, while Mrs. Brown said it was important to support the County Administrator in his decisions.

On the motion of Mr. Allen and seconded by Mr. Cornell, Amendment No. 03 (Restoration of a PT Assistant District Attorney) failed on a roll call vote, with all members voting nay, except Mr. Allen, Mrs. Breed, Mrs. Price, Mr. Steve and Mr. Wern voting aye and Mr. Steger recorded excused.

On the motion of Mr. Wern and seconded by Mr. Allen, Amendment No. 04 (Restore Sr. Keyboard Specialist, Probation Personnel) failed on a roll call vote, with all members present voting nay, except Mrs. Contento, Mr. Cornell, Mrs. Price and Mr. Wern voting aye and Mr. Steger excused.

On the motion of Mr. Wern and seconded by Mr. Ross, Amendment No. 05 (Social Services Supporting Services) failed on a roll call vote, with all members present voting nay, except Mr. Allen, Mrs. Breed, Mr. Cornell, Mrs. Price, Mr. Ross and Mr. Wern voting aye and Mr. Steger excused.

On the motion of Mr. Steve and seconded by Mr. Ross, Amendment No. 06 (Create FT Conflict Attorney) failed on a roll call vote, with all members present voting nay, except Mr. Allen, Mrs. Breed, Mr. Cornell, Mr. Ross, Mr. Steve and Mr. Wern voting aye and Mr. Steger excused. Mr. Steve said this was one of the holes in the budget. Mr. VanDonsel questioned if this was intended to be an employee or a contract individual. County Attorney Knickerbocker said the plan was not legal, since it was not in sync with the assigned counsel plan. Mr. Steve suggested there had to be some way to solve the problem and it should be looked into.

Chairman Harrington declared a recess at 12:00 noon. The legislative session resumed at 12:16 pm.

On the motion of Mr. VanDee, seconded by Mrs. Price and adopted on a roll call vote, with all members present voting aye, except Mr. Allen, Mr. Ross, Mr. Steve and Mr. VanDonsel voting nay and Mr. Steger excused, Amendment No. 07 (Restore PT confidential secretary, County Attorney Personnel) became part of the 2004 budget.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted on a roll call vote, with all members present voting aye, except Mr. Allen, Mrs. Breed, Mr. Cornell, Mrs. Price, Mr. Ross, Mr. Steve and Mr. Wern voting nay and Mr. Steger excused, Amendment No. 08 (1/2 Assistant District Attorney position eliminated, District Attorney Personnel) decreased the 2004 budget. Mr. Steve said he had problems with the elimination of another position in that department, since it would mean the loss of personnel and experience. Mr. Allen questioned if it would be possible to enforce some of the traffic and vehicle violations. Mr. VanDonsel asked County Administrator Schrader how he had come up with his proposed staffing level.

On the motion of Mr. Steve and seconded by Mr. Wern, Amendment No. 09 (Create Assigned Counsel Account, $65,268) failed on a roll call vote with all members present voting nay, except Mr. Allen, Mrs. Breed, Mr. Cornell, Mr. Ross, Mr. Steve and Mr. Wern voting aye and Mr. Steger excused. Mr. Steve said the funds were essential because of the increase in hourly rates for assigned council.

Chairman Harrington declared a recess at 12:26 pm. The legislative session resumed at 12:42 pm.

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, Mrs. Breed, Mr. Cornell, Mr. Dafoe, Mr. Steve, Mr. VanDonsel and Mr. Wern Voting nay and Mr. Steger excused, the amended Agenda No. 13 became RESOLUTION NO. 530-03: ADOPT 2004 COUNTY BUDGET. Mrs. Contento expressed her concern for those being laid off. She said attrition, don’t fill vacancies or no new creations would accomplish the same goal. Mr. VanDonsel said the county continues to use unknowns to justify spending and that was a disservice to the taxpayers in the county. He suggested a more conservative approach to spending.

Chairman Harrington thanked the members of the Budget and Finance Committee and County Administrator Schrader for the long hours and hard work.

On the motion of Mr. VanDee, seconded by Mr. Cornell and adopted, all members present voting aye, except Mr. VanDonsel voting nay and Mr. Steger excused, Agenda No. 14 became RESOLUTION NO. 531-03: AUTHORIZING ACCOUNTS PAYABLE YEAR END ADJUSTMENTS TO 2003 BUDGET.

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted, all members present voting aye on a roll call vote, Agenda No. 15 became RESOLUTION NO. 532-03: AMEND 2004 BUDGET TO REFLECT STATE ADMINISTERED NON- PROPERTY TAX (SALES TAX) TO REDUCE REAL PROPERTY TAX LEVY.

On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, on a roll call vote, with all members present voting aye, Agenda No. 16 became RESOLUTION NO. 533-03: LEVY COUNTY TAX, CITY OF CORTLAND.

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 17 became RESOLUTION NO. 534-03: FIX DATE TO SIGN WARRANTS.

On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 18 became RESOLUTION NO. 535-03: LEVYING TOWN SPECIAL DISTRICT TAXES.

On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 19 became RESOLUTION NO. 536-03: LEVYING TOWN GENERAL AND HIGHWAY TAXES.

On the motion of Mr. VanDee, seconded by Mr. Steve and adopted, all members present voting aye, Agenda No. 20 became RESOLUTION NO. 537-03: LEVYING WATER CHARGES - TOWN OF SCOTT.

On the motion of Mr. VanDee, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 21 became RESOLUTION NO. 538-03: LEVYING WATER CHARGES - TOWN OF CINCINNATUS.

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 22 became RESOLUTION NO. 539-03: LEVYING WATER CHARGES – TOWN OF CORTLANDVILLE.

On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 23 became RESOLUTION NO. 540-03: LEVYING WATER CHARGES – TOWN OF HARFORD.

On the motion of Mr. VanDee, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 24 became RESOLUTION NO. 541-03: LEVYING SEWER CHARGES – TOWN OF CORTLANDVILLE.

On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 25 became RESOLUTION NO. 542-03: LEVYING SEWER CHARGES – TOWN OF CUYLER.

On the motion of Mr. VanDee, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 26 became RESOLUTION NO. 543-03: AUTHORIZE AGREEMENT RENEWAL, TOWN OF CUYLER (REAL PROPERTY TAX SERVICES).

On the motion of Mr. VanDee, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 27 became RESOLUTION NO. 544-03: AUTHORIZE AGREEMENT RENEWAL, TOWN OF PREBLE (REAL PROPERTY TAX SERVICES).

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 28 became RESOLUTION NO. 545-03: AUTHORIZE AGREEMENT RENEWAL, TOWN OF SCOTT (REAL PROPERTY TAX SERVICES).

On the motion of Mr. Dwyer and Mr. VanDee, seconded by Mr. Dafoe and adopted, all members present voting aye, except Mr. Steve and Mr. VanDonsel voting nay and Mr. Steger excused, Agenda No. 29 became RESOLUTION NO. 546-03: CREATE POSITION/SET SALARY, COUNTY ADMINISTRATOR, CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR.

On the motion of Mr. Dwyer and Mr. VanDee, seconded by Mr. Ross and adopted, all members present voting aye, except Mr. Dafoe, Mr. Steve and Mr. VanDonsel voting nay and Mr. Steger excused, Agenda No. 30 became RESOLUTION NO. 547-03: SET SALARY, CONFIDENTIAL SECRETARY, CORTLAND COUNTY LEGISLATURE, CORTLAND COUNTY LEGISLATURE.

On the motion of Mr. Dwyer and Mr.VanDee, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Allen, Mrs. Breed, Mr. Dafoe, Mr. Steve and Mr. VanDonsel voting nay and Mr. Steger excused, Agenda No. 31 became RESOLUTION NO. 548-03: SET SALARY/ABOLISH POSITIONS, CONFIDENTIAL SECRETARY TO THE COUNTY ATTORNEY, COUNTY ATTORNEY’S OFFICE.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, except Mr. VanDonsel voting nay and Mr. Steger excused, Agenda No. 32 became RESOLUTION NO. 549-03: AMEND BUDGET, DEPARTMENT OF SOCIAL SERVICES (TRANSFERS).

On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Allen, Mrs. Breed, Mr. Ross, Mr. Steve and Mr. VanDonsel voting nay and Mr. Steger excused, Agenda No. 33 became RESOLUTION NO. 550-03: AMEND BUDGET/ISSUE BUDGET NOTE, DEPARTMENT OF SOCIAL SERVICES (MMIS).

On the motion of Mrs. Price, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. Steve and Mr. Wern voting nay and Mr. Steger excused, one special article was introduced.

On the motion of Mr. Teeter and seconded by Mr. Allen, Special Article No. 01 (Highway Improvement Bonding, Budget and Finance Committee) failed on a 2/3’s roll call vote, with all members present voting nay. Mr. Allen said that the highway paving fund had been deleted and with bonding it would be possible to maintain county highways. Mr. VanDonsel questioned why Mr. Allen was proposing bonding while employees were being laid off and he said it was Mr. Allen who had suggested that $200,000 be removed from the highway budget. Mrs. Price reminded the legislators that the Democrats were criticized for wanting to bond for highway projects. Chairman Harrington said a previous highway superintendent had always said that maintenance and small construction projects were never reasons for bonding.

On the motion of Mrs. Price, seconded by Mr. Teeter and adopted, all members present voting to dispense with the reading of the minutes of the session as prepared by the Clerk.

Mr. Harrington gave each of the departing legislators’ plaques to commemorate their service and thanked each of them. Mrs. Price presented Mr. Harrington with a plaque and thanked him for thirty years of service to Cortland County. He was given a standing ovation by everyone in attendance.

On the motion of Mr. Teeter, seconded by Mr. Cornell and adopted, all members present voting aye, the meeting was adjourned at 1:56 pm.

BACK