PUBLIC HEARING - Proposed Local Law No. 02 for 2003: A Local Law Repealing Local Law No. 04 For The Year 1986, Which Established A Solid Waste Department For The County Of Cortland.

Chairman Harrington called the public hearing to order at 10:06 am. The Clerk read the legal notice as it was published. Chairman Harrington asked three times if anyone was present to speak against the proposed local law. No one indicated that they wanted to speak against the local law. The Chairman asked three times if anyone was present to speak in favor of the proposed local law. No one indicated that they wished to speak in favor of the proposed law and Chairman Harrington declared the public hearing closed at 10:08 am.

Chairman Harrington opened the legislative session and led the salute to the flag. The Clerk called the roll and all members were recorded as present. There were no changes to the minutes as presented.

REPORTS

On the motion of Mr. Dwyer, seconded by Mrs. Richards and adopted, all members present voting aye, the Monthly Financial Report from the Treasurer's Office was ordered received and filed.

On the motion of Mrs. Price, seconded by Mr. O'Mara and adopted, all members present voting aye, the Bid Report (Miscellaneous Groceries & Frozen Foods) from the 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 (Paper Goods & Maintenance Supplies) from the Area Agency on Aging/Nutrition, was ordered received and filed.

On the motion of Mrs. Richards, seconded by Mr. Steger and adopted, all members present voting aye, the Bid Report (Milk & Dairy Products) from the Area Agency on Aging/Nutrition, was ordered received and filed.

On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 06 became RESOLUTION NO. 283-03: CORRECT TAX WARRANTS, ROLLS & BILLS, REAL PROPERTY TAX SERVICES, TOWN OF CUYLER.

On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 07 became RESOLUTION NO. 284-03: CORRECT TAX WARRANTS, ROLLS & BILLS, REAL PROPERTY TAX SERVICES, TOWN OF CUYLER.

On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 08 became RESOLUTION NO. 285-03: CORRECT TAX WARRANTS, ROLLS & BILLS, REAL PROPERTY TAX SERVICES, TOWN OF CUYLER.

Before the vote on Agenda No. 09, Mr. VanDonsel requested permission to abstain from voting. On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. VanDonsel abstaining, Agenda No. 09 became RESOLUTION NO. 286-03: AUTHORIZE PUBLIC HEARING, TOMPKINS CORTLAND COMMUNITY COLLEGE (2003 - 2004 OPERATING BUDGET).

On the motion of Mr. VanDee, seconded by Mr. Wern and adopted, all members present voting aye, Agenda No. 10 became RESOLUTION NO. 287-03: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF CORTLAND ELECTING TEMPORARY EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR.

On the motion of Mr. VanDee, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 11 became RESOLUTION NO. 288-03: CREATE/ APPROVAL TO FILL, TEMPORARY APPOINTMENT, COUNTY AUDITOR. Mr. Allen expressed his concern that this was another example of the early retirement program costing the taxpayers money. Mrs. Brown said it was imperative that the county administrator have assistance.

On the motion of Mr. Dafoe, seconded by Mr. Cornell and adopted on a roll call vote, all members present voting aye, except Mrs. Brown, Mrs. Contento, Mr. Dwyer, Mr. O'Mara, Mr. Ross, Mr. Teeter and Mr. Harrington voting nay, Agenda No. 12 became RESOLUTION NO. 289-03: AMEND RESOLUTION NO. 463-03/ AUTHORIZE SALE OF COUNTY OWNED PROPERTY (BUILDINGS & GROUNDS DEPARTMENT).

Before the vote on Agenda No. 12, Mr. Dwyer introduced an amendment that would have "excluded lot A-3 - wood lot". The amendment failed on a roll call vote, with all members present voting aye, except Mr. Allen, Mr. Dafoe, Mr. Mudge, Mr. O'Mara, Mrs. Price, Mr. Steve, Mr. Teeter, Mr. VanDee, Mr. VanDonsel and Mr. Wern voting nay.

The discussion centered on the historic value of "Riverview", the financial commitment necessary to maintain the facility and the future of Goodhope.

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 13 became RESOLUTION NO. 290-03: AUTHORIZE CERTIFICATION STATEMENT, MENTAL HEALTH DEPARTMENT (CSC HEALTHCARE SYSTEMS).

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 14 became RESOLUTION NO. 291-03: AUTHORIZE AGREEMENT / MENTAL HEALTH CLINIC, MENTAL HEALTH DEPARTMENT (EXCELLUS HEALTH PLAN).

On the motion of Mrs. Richards, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 15 became RESOLUTION NO. 292-03: SUPPORT LEGISLATION, "TIMOTHY'S LAW", INSURANCE PARITY. Mrs. Richards provided background information on the origin of the law.

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, except Mr. Allen and Mrs. Breed voting nay, Agenda No. 16 became RESOLUTION NO. 293-03: AUTHORIZE AGREEMENTS, HEALTH DEPARTMENT (USHERWOOD).

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. Allen, Mr. Dafoe, Mr. Dwyer, Mr. Mudge, Mr. Steve, Mr. VanDonsel and Mr. Wern voting nay, Agenda No. 17 became RESOLUTION NO. 294-03: AMEND RESOLUTION, HEALTH DEPARTMENT/NURSING (J. VENESKY, CPA).

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 18 became RESOLUTION NO. 295-03: AUTHORIZE AGREEMENT, HEALTH DEPARTMENT (GHI INSURANCE COMPANY).

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 19 became RESOLUTION NO. 296-03: AUTHORIZE AGREEMENT, HEALTH DEPARTMENT (RSVP).

On the motion of Mrs. Richards, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 20 became RESOLUTION NO. 297-03: APPROVAL TO FILL, HEALTH DEPARTMENT / NURSING, REGISTERED PROFESSIONAL NURSE.

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 21 became RESOLUTION NO. 298-03:

CREATE/APPROVAL TO FILL, HEALTH DEPARTMENT/CHILDREN WITH SPECIAL NEEDS DIVISION, OCCUPATIONAL THERAPIST OR OCCUPATIONAL THERAPIST TRAINEE.

On the motion of Mrs. Richards, seconded by Mr. Allen and adopted, all members present voting aye, Agenda No. 22 became RESOLUTION NO. 299-03: AUTHORIZE INCREASE IN HOURS, HEALTH DEPARTMENT, ZAP PROGRAM COORDINATOR.

On the motion of Mr. Teeter, seconded by Mr. Steger and adopted, all members present voting aye, Agenda No. 23 became RESOLUTION NO. 300-03: AUTHORIZE PURCHASE OF LANDS, HIGHWAY DEPARTMENT.

On the motion of Mr. Teeter, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 24 became RESOLUTION NO. 301-03: FUEL SYSTEM CONTRACT / AIRPORT, HIGHWAY DEPARTMENT.

On the motion of Mr. Teeter, seconded by Mr. Steger and adopted, all members present voting aye, Agenda No. 25 became RESOLUTION NO. 302-03: AUTHORIZE AGREEMENT, AIRPORT FARMLAND RENTAL, HIGHWAY DEPARTMENT.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 26 became RESOLUTION NO. 303-03: AMEND BUDGET, AREA AGENCY ON AGING (RSVP).

On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 27 became RESOLUTION NO. 304-03: AMEND BUDGET, AREA AGENCY ON AGING (TITLE IIID - HEALTH PROMOTION).

On the motion of Mrs. Brown, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 28 became RESOLUTION NO. 305-03: ACCEPT BIDS/ AUTHORIZE PURCHASE, AREA AGENCY ON AGING/ NUTRITION, MISC. GROCERIES & FROZEN FOODS.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 29 became RESOLUTION NO. 306-03: ACCEPT BIDS/ AUTHORIZE PURCHASE, AREA AGENCY ON AGING/ NUTRITION, PAPER GOODS & MAINTENANCE SUPPLIES.

On the motion of Mrs. Brown, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 30 became RESOLUTION NO. 307-03: ACCEPT BIDS/ AUTHORIZE PURCHASE, AREA AGENCY ON AGING / NUTRITION, MILK & DAIRY PRODUCTS.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 31 became RESOLUTION NO. 308-03: APPROVAL TO FILL, AREA AGENCY ON AGING/NUTRITION, NUTRITION PROGRAM ASSISTANT (PT-17 HRS).

On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 32 became RESOLUTION NO. 309-03: APPROVAL TO FILL/AUTHORIZE INCREASE IN HOURS, AREA AGENCY ON AGING/ NUTRITION, TEMPORARY COOK/AGING SERVICES AIDE.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 33 became RESOLUTION NO. 310-03: AUTHORIZE AGREEMENT, AREA AGENCY ON AGING (ERIE COUNTY DEPARTMENT OF SENIOR SERVICES).

On the motion of Mrs. Brown, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 34 became RESOLUTION NO. 311-03: APPROVAL TO FILL, DEPARTMENT OF SOCIAL SERVICES, CASEWORKER.

On the motion of Mrs. Brown, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 35 became RESOLUTION NO. 312-03: APPROVAL TO FILL/BACKFILL, DEPARTMENT OF SOCIAL SERVICES, SENIOR CASE- WORKER / CASEWORKER.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 36 became RESOLUTION NO. 313-03: AMEND BUDGET, DEPARTMENT OF SOCIAL SERVICES (TRANSFER).

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 37 became RESOLUTION NO. 314-03: AUTHORIZE AGREEMENT, DEPARTMENT OF SOCIAL SERVICES, FIRST TRANSIT.

On the motion of Mr. Wern, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 38 became RESOLUTION NO. 315-03: AUTHORIZE TRAVEL, SHERIFF'S DEPARTMENT (WM. BRACKEN).

On the motion of Mr. Wern, seconded by Mr. Cornell and adopted on a roll call vote, all members present voting aye, except Mr. Allen, Mr. Dafoe, Mr. Steve, Mr. VanDee, Mr. VanDonsel and Mr. Harrington voting nay, Agenda No. 39 became RESOLUTION NO. 316-03: ACCEPT BIDS, VIRGIL COMMUNICATIONS TOWER, SHERIFF'S DEPARTMENT/ 911. The discussion centered on the cost of the facility, the ongoing delay and the necessity to "get on with it". Sheriff Price said the structure was being built according to state specifications and Mr. Homer reminded the legislators that it could be a revenue producer.

On the motion of Mr. Wern, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 40 became RESOLUTION NO. 317-03: RESOLUTION TO SUPPORT NYS LEGISLATION TO AMEND EXECUTIVE LAW REGARDING PAROLE VIOLATORS.

On the motion of Mr. Wern, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 41 became RESOLUTION NO. 318-03: AUTHORIZE AGREEMENT, SHERIFF'S DEPARTMENT, GOVERNMENT PAYMENT SERVICE, INC.

On the motion of Mr. Ross, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 42 became RESOLUTION NO. 319-03: AUTHORIZE AGREEMENT, PROGRESSIVE TRANSPORTATION SERVICES, INC./ FIRST TRANSIT, PLANNING DEPARTMENT.

On the motion of Mr. Cornell and Mr. Teeter, seconded by Mr. Allen and adopted on a roll call vote, all members present voting aye, except Mrs. Contento, Mr. O'Mara, Mr. Teeter and Mr. Harrington voting nay, Agenda No. 43 became RESOLUTION NO. 320-03: ADOPTING LOCAL LAW NO. 02 FOR THE YEAR 2003, REPEALING LOCAL LAW NO. 04 FOR THE YEAR 1986 WHICH ESTABLISHED A SOLID WASTE DEPARTMENT FOR THE COUNTY OF CORTLAND.

On the motion of Mr. Cornell, seconded by Mr. O'Mara and adopted, all members present voting aye, except Mr. Steve voting nay, Agenda No. 44 became RESOLUTION NO. 321-03: AUTHORIZE CONTRACT EXTENSION (LEACHATE TRANSPORTATION), SOLID WASTE DEPARTMENT.

On the motion of Mr. Cornell, seconded by Mrs. Contento and adopted, all members present voting aye, Agenda No. 45 became RESOLUTION NO. 322-03: EXTEND TEMPORARY APPOINTMENT, SOLID WASTE DEPARTMENT/ RECYCLING, RECYCLING PRODUCT SORTER (PT) AND ACCOUNT CLERK/TYPIST (PT).

On the motion of Mr. Cornell, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 46 became RESOLUTION NO. 323-03: INCREASE HOURS (TEMPORARY), SOLID WASTE DEPARTMENT, LANDFILL ATTENDANT I.

Mr. Cornell withdrew Agenda No. 47 (Extend Temporary Appointment, Director of Solid Waste, Solid Waste Department).

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

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Special Article No. 01 became RESOLUTION NO. 324-03: AUTHORIZE AGREEMENTS, HEALTH DEPARTMENT/NURSING, CERTIFIED HOME HEALTH AGENCY.

On the motion of Mr. O'Mara, seconded by Mrs. Brown and adopted, all members present voting aye, the legislature went into executive session at 11:00 am to discuss ongoing litigation. On the motion of Mr. VanDonsel, seconded by Mr. Mudge and adopted, all members present voting aye, the executive session ended at 11:24 am.

On the motion of Mr. Dafoe, seconded by Mrs. Richards and adopted, all members present voting aye, Special Article No. 02 became RESOLUTION NO. 325-03: EXECUTE DOCUMENTS, PERSONNEL ISSUE RESOLUTION, BUILDINGS & GROUNDS DEPARTMENT.

On the motion of Mr. Cornell, seconded by Mrs. Brown and adopted, all members present voting aye, the legislature adjourned at 11:30 am.

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