Chairman Harrington opened the public hearing for Proposed Local Law No. 01 (A Local Law Imposing A Special Motor Vehicle Use Fee In Cortland County And Authorizing The Collection Of Said Fee By The Commissioner Of The New York State Department Of Motor Vehicles On Behalf Of Cortland County) at 10:03 am. The Chairman asked three times if anyone was present to speak in favor of the proposed law. No one indicated they wanted to speak in favor of the proposed local law. Chairman Harrington asked if anyone was present to speak against the proposed local law. Mr. John Carrol, Virgil, spoke against the way the fees were being implemented. He suggested that owners of pick-up trucks were discriminated against, since most were actually used as private vehicles, and that a flat rate fee would be the most equitable. Chairman Harrington asked two more times if anyone was present wishing to speak against the proposed local law. No one indicated they wished to speak and the Chairman declared the public hearing closed at 10:11 am.

The Chairman led the salute to the flag and the Clerk called the roll and all members were recorded present, except Mr. Dafoe and Mr. Teeter recorded excused.

PROCLAMATION

Chairman Harrington read the proclamation for the Marathon Lady Olympian, who were once again the state champion field hockey team and also recognized as scholar athletes. He presented certificates to Alexandra Askew, Brooke Atwood, Shanna Barrows, Nikki Billings, Staci Billings, Meghan Dean, Danielle Diaz, Heather Doran, Alissa French, Lisa Gilbert, Jamie Gofgosky, Jess Gofgosky, Brittani Griep, Danielle Griep, Leslieann Gutchess, Eileen Hoyt, Maranda Kinsman, Katja Lamers, Miranda O'Dell, Jolene Phillips, Holly Rawluszki and Jacki Rose. The Chairman and Lawrence Cornell (R-19) congratulated the ladies and their coach, Karen Funk, for the outstanding effort.

REPORTS

On the motion of Mr. O'Mara, seconded by Mr. Cornell and adopted, all members present voting aye, the 4^th Quarter Sales Tax Distribution 2002 (Treasurer's Office) was ordered received and filed. Mr. VanDonsel and Mrs. Brown questioned the Treasurer about a number of accounts.

On the motion of Mr. Cornell, seconded by Mrs. Price and adopted, all members present voting aye, the resolutions from the Town of Lapeer, Town of Marathon and Village of Marathon (demanding the NYS Legislature cap property tax support of Medicaid payments at a maximum of 2002 levels and preferably remove this burden entirely from the property tax) were ordered received and filed.

At the request of Mr. Dwyer, Chairman Harrington declared a recess at 10:27. The legislative session resumed at 10:39 am.

RESOLUTIONS

On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 05 became RESOLUTION NO. 12-03: ADOPT POLICY, CORTLAND COUNTY INVESTMENT POLICY.

Before the vote, Mr. VanDonsel requested and was granted permission to abstain on Agenda No. 06. On the motion of Mr. VanDee, seconded by Mrs. Price and adopted, all members present voting aye, except Mr. VanDonsel abstaining and Mr. Dafoe and Mr. Teeter recorded excused, Agenda No. 06 became RESOLUTION NO. 13-03: AUTHORIZE PAYMENTS, TOMPKINS CORTLAND COMMUNITY COLLEGE, OPERATING BUDGET 2002-2003.

On the motion of Mr. VanDee, seconded by Mrs. Contento and adopted, all members present voting aye, Agenda No. 07 became RESOLUTION NO. 14-03: AUTHORIZE AGREEMENT, CORTLAND COUNTY CONVENTION AND VISITORS BUREAU / INNKEEPERS.

On the motion of Mr. VanDee, seconded by Mr. Allen and adopted, with all members present voting aye, Agenda No. 08 became RESOLUTION NO. 15-03: CANCELLATION OF SALES TAX DISTRIBUTION AGREEMENT, CITY OF CORTLAND. Mr. O'Mara said he had checked with other counties and Cortland County should consider taking a larger percentage of the sales tax. He suggested that this would allow for some of the cuts in other programs to be restored or at least keep more cuts at bay. Mrs. Brown reminded the legislators that this was a necessary step, requiring a nine-month notice.

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. VanDonsel voting nay and Mr. Dafoe and Mr. Teeter excused, Agenda No. 09 became RESOLUTION NO. 16-03: HOME RULE REQUEST, SALES TAX. Mr. VanDee reminded everyone that this was a continuation rather than an increase in taxes.

On the motion of Mr. Mudge, seconded by Mr. VanDee and adopted, all members present voting aye, Agenda No. 10 became RESOLUTION NO. 17-03: AUTHORIZE AGREEMENT EXTENSION, BUILDINGS & GROUNDS DEPARTMENT (VARIOUS VENDORS).

On the motion of Mr. Mudge, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 11 became RESOLUTION NO. 18-03: ACCEPT PROPOSAL/AUTHORIZE AGREEMENT, BUILDINGS & GROUNDS DEPARTMENT, ATLANTIC INLAND.

On the motion of Mrs. Richards, seconded by Mr. Guido and adopted, all members present voting aye, Agenda No. 12 became RESOLUTION NO. 19-03: AUTHORIZE CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT, COMPUTER APPLICATION SHARING AGREEMENT & DATA EXCHANGE AGREEMENT, MENTAL HEALTH DEPARTMENT (NEW YORK STATE OFFICE OF MENTAL HEALTH).

On the motion of Mrs. Richards, seconded by Mr. Steger and adopted, all members present voting aye, Agenda No. 13 became RESOLUTION NO. 20-03: AUTHORIZE AGREEMENT, HEALTH DEPARTMENT/NURSING (ISLAND PEER REVIEW ORGANIZATION, INC.).

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 14 became RESOLUTION NO. 21-03: AUTHORIZE OUT-OF-STATE TRAVEL, HEALTH DEPARTMENT/NURSING (PAM GRIFFITH).

On the motion of Mrs. Richards, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 15 became RESOLUTION NO. 22-03: ABOLISH/ CREATE/APPROVAL TO FILL, HEALTH DEPARTMENT/NURSING, MEDICAL SERVICES CLERK/MEDICAL TYPIST.

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 16 became RESOLUTION NO. 23-03: AUTHORIZE AGREEMENTS, HEALTH DEPARTMENT/SPECIAL PROGRAMS (HEALTHY HEART PROGRAM).

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 17 became RESOLUTION NO. 24-03: AUTHORIZE AGREEMENTS/ACCEPT FUNDS, HEALTH DEPARTMENT/ SPECIAL PROGRAMS (HEALTHY LIVING PARTNERSHIP TOBACCO USE PREVENTION AND CONTROL).

On the motion of Mrs. Price, seconded by Mr. Allen and adopted, all members present voting aye, except Mr. Ross, Mr. Steve, Mr. VanDonsel and Mr. Harrington voting nay, and Mr. Dafoe and Mr. Teeter recorded excused, Agenda No. 18 became RESOLUTION NO. 25-03: APPROVAL TO FILL, HIGHWAY DEPARTMENT, TWO (2) MOTOR EQUIPMENT OPERATOR I.

On the motion of Mrs. Price, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 19 became RESOLUTION NO. 26-03: CREATE PROJECT/TRANSFER FUNDS, HIGHWAY DEPARTMENT.

Mrs. Price tabled Agenda No. 20 (Adopt 2003 Budget/Car Pool, Highway Department) to time certain, so that questions could be answered. Mr. Steve asked questions about line items and Mr. Guido questioned the need for the number of vehicles.

On the motion of Mrs. Brown, seconded by Mr. Steve and adopted, all members present voting aye, Agenda No. 21 became RESOLUTION NO. 27-03: APPROVAL TO FILL, AREA AGENCY ON AGING, SPECIALIST, SERVICES FOR THE AGING (PT-15 HRS/WK).

On the motion of Mrs. Brown, seconded by Mr. Wern and adopted, all members present voting aye, Agenda No. 22 became RESOLUTION NO. 28-03: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, CASEWORKER.

On the motion of Mrs. Brown, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 23 became RESOLUTION NO. 29-03: AMEND 2003 BUDGET, DEPARTMENT OF SOCIAL SERVICES (COMMUNITY SOLUTIONS FOR TRANSPORTATION).

On the motion of Mrs. Brown, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 24 became RESOLUTION NO. 30-03: AMEND 2003 BUDGET, DEPARTMENT OF SOCIAL SERVICES (TRANSPORTATION PROGRAM, STOA AND OPERATING ASSISTANCE).

On the motion of Mrs. Brown, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 25 became RESOLUTION NO. 31-03: AMEND 2003 BUDGET, DEPARTMENT OF SOCIAL SERVICES (TANF SERVICES BLOCK GRANT).

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 26 became RESOLUTION NO. 32-03: AMEND 2003 BUDGET, DEPARTMENT OF SOCIAL SERVICES (TRANSITIONAL OPPORTUNITIES PROGRAM).

On the motion of Mrs. Brown, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 27 became RESOLUTION NO. 33-03: AMEND 2003 BUDGET/AUTHORIZE AGREEMENT, DEPARTMENT OF SOCIAL SERVICES (NUTRITIONAL EDUCATION PROGRAM).

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 28 became RESOLUTION NO. 34-03: AMEND 2003 BUDGET, DEPARTMENT OF SOCIAL SERVICES (NEW YORK WORKS BLOCK GRANT - CASP III).

On the motion of Mrs. Brown, seconded by Mr. Guido and adopted, all members present voting aye, Agenda No. 29 became RESOLUTION NO. 35-03: AUTHORIZATION/SECTION 5311, OPERATING ASSISTANCE CONTINUING AGREEMENTS, DEPARTMENT OF SOCIAL SERVICES.

On the motion of Mr. Wern, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 30 became RESOLUTION NO. 36-03: AMEND BUDGET/TRANSFER FUNDS, SHERIFF'S DEPARTMENT.

On the motion of Mr. Wern, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 31 became RESOLUTION NO. 37-03: AMEND BUDGET/TRANSFER FUNDS, SHERIFF'S DEPARTMENT, JAIL DIVISION.

On the motion of Mr. Wern, seconded by Mr. Cornell and adopted, all members present voting aye, except Mrs. Brown, Mr. Mudge, Mr. O'Mara and Mr. VanDee voting nay and Mr. Dafoe and Mr. Teeter recorded excused, Agenda No. 32 became RESOLUTION NO. 38-02: ABOLISH/CREATE/APPROVAL TO FILL, DISTRICT ATTORNEY'S OFFICE, ASSISTANT DISTRICT ATTORNEY. Mr. O'Mara voiced his concern with the starting salary, but Mr. Wern assured him that the Judiciary and Public Safety Committee voted for this salary because this individual was very experienced.

Mr. Wern withdrew Agenda No. 33 (Authorize Agreements, Public Defender's Office, Assigned Counsel/Criminal Court, Assigned Counsel/Family Court).

On the motion of Mr. Wern, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 34 became RESOLUTION NO. 39-02: APPROVAL TO FILL, SHERIFF'S DEPARTMENT, SR. COMMUNICATIONS SUPERVISOR/ COMMUNICATIONS SHIFT SUPERVISOR.

Mr. Wern withdrew Agenda No. 35 (Appoint County Coroner).

On the motion of Mr. Dwyer, seconded by Mrs. Price and adopted on a roll call vote, with all members present voting aye, except Mrs. Contento, Mr. Cornell, Mr. O'Mara, Mrs. Price, Mr. Steve and Mr. VanDonsel voting nay and Mr. Dafoe and Mr. Teeter excused, Agenda No. 36 became RESOLUTION NO. 40-03: ADOPT LOCAL LAW NO. 01 FOR THE YEAR 2003, SPECIAL MOTOR VEHICLE USE FEE. Mr. Steve stated he was against the new fees because they were not designated for a specific use, as had been discussed in committee. Mr. VanDonsel said this was another piecemeal approach and there was no plan in place. Mr. Dwyer reminded everyone that $110 k was in the budget from this revenue source and Chairman Harrington said no one enjoyed voting for another fee, but this was needed to help balance the budget.

On the motion of Mr. Dwyer, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 37 became RESOLUTION NO. 41-03: AUTHORIZE AGREEMENT, PERSOFT, PERSONNEL/CIVIL SERVICE.

Before the vote on Agenda No. 38, Mr. Steve requested and was granted permission to abstain. On the motion of Mr. Dwyer, seconded by Mr. O'Mara and adopted, all members present voting aye, except Mr. Steve abstaining and Mr. Dafoe and Mr. Teeter excused, Agenda No. 38 became RESOLUTION NO. 42-03: AUTHORIZE AGREEMENT, PERSONNEL/CIVIL SERVICE DEPARTMENT (YMCA AGILITY TESTING).

On the motion of Mr. Dwyer, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 39 became RESOLUTION NO. 43-03: AUTHORIZE AGREEMENT, DATA PROCESSING (SYSTEMS DEVELOPMENT GROUP, INC.).

Mr. Dwyer withdrew Agenda No. 40 (Setting Salaries 2003, Management Compensation).

On the motion of Mr. Ross, seconded by Mr. Allen and adopted, all members present voting aye, except Mr. VanDonsel voting nay and Mr. Dafoe and Mr. Teeter excused, Agenda No. 41 became RESOLUTION NO. 44-03: CREATE/APPROVAL TO FILL, PLANNING DEPARTMENT, PLANNER TRAINEE.

On the motion of Mr. Ross, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 42 became RESOLUTION NO. 45-03: AUTHORIZE PAYMENT, CORTLAND COUNTY SOIL AND WATER CONSERVATION DISTRICT.

On the motion of Mr. Ross, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 43 became RESOLUTION NO. 46-03: AUTHORIZE AGREEMENT, COOPERATIVE EXTENSION.

On the motion of Mr. Ross, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 44 became RESOLUTION NO. 47-03: AUTHORIZE CHAIRMAN TO DECLARE DOG QUARANTINE, PLANNING DEPARTMENT.

On the motion of Mrs. Price, seconded by Mrs. Richards and adopted, all members present voting aye, one special article was introduced.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Special Article No. 01 became RESOLUTION NO. 48-03: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, COMMUNITY SERVICES WORKER (TEMP THRU 4/1/03).

Mrs. Brown requested that a Treasurer's Report be included as an agenda item for the second session of each month, thus allowing the Treasurer to be prepared for questions and also keeping the legislators and public informed about the financial health of Cortland County. Chairman Harrington said it was permissible and instructed the Clerk to include the report.

On the motion of Mr. VanDee, seconded by Mr. Wern and adopted, all members present voting aye, the meeting was adjourned at 11:24 am.

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