Chairman Harrington called the meeting to order at 10:12 am and led the salute to the flag. The Clerk called the roll and all members were recorded present, except Mr. VanDee 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.

On the motion of Mrs. Price, seconded by Mr. Cornell and adopted, all members present voting aye, the proclamation declaring May as Teen Pregnancy Prevention Month was ordered received and filed. Kimberly McRae, Zap Coordinator, accepted the proclamation and thanked the legislators for their support. She introduced Zapella, who in turn introduced the winners of the annual coloring contest.

On the motion of Mrs. Brown, seconded by Mr. Wern and adopted, all members present voting aye, the proclamation declaring May 11 - 17, 2003 as National Tourism Week was ordered received and filed. Jim Dempsey, Director of the Convention and Business Bureau, thanked the legislators for their continued support and said that a recent study indicated that growth in tourism would be in the small rural areas.

PRIVILEGE OF THE FLOOR

Treasurer Don Ferris distributed the 2002 Recap & Fund Balance Report. On the motion of Mrs. Price, seconded by Mr. Cornell and adopted, all members present voting aye the report was ordered received and filed.

REPORTS

On the motion of Mrs. Price, seconded by Mr. Cornell and adopted, all members present voting aye, the 1^st Quarter Sales Tax Distribution for the City, Town & Villages Report was ordered received and filed. Mr. O'Mara requested that in the future it would be helpful to present a comparison of past year(s).

RESOLUTIONS

On the motion of Mr. Harrington, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 05 became RESOLUTION NO. 206-03: APPOINT MEMBERS, CORTLAND COUNTY YOUTH BOARD 

(R. DOMINIE & SARAH R. WALLER).

On the motion of Mr. Harrington, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 06 became RESOLUTION NO. 207-03: RE-APPOINT MEMBERS, CORTLAND COUNTY PLANNING BOARD.

On the motion of Mr. Harrington, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 07 became RESOLUTION NO. 208-03: RE- APPOINT MEMBERS, CAYUGA-CORTLAND WORKFORCE INVESTMENT BOARD.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, except Mr. Allen, Mr. Steger, Mr. Ross, Mr. Steve, Mr. Cornell, Mr. Wern and Mrs. Breed voting nay and Mr. VanDee excused, Agenda No. 08 became RESOLUTION NO. 209-03: AUTHORIZE APPORTIONMENT OF MORTGAGE TAX MONIES, TREASURER'S OFFICE (MORTGAGE TAX).

Mr. Dafoe withdrew Agenda No. 09 (Amend Resolution No. 463-01, Authorize Sale of County Owned Property, Buildings & Grounds Department).

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 10 became RESOLUTION NO. 210-03: AUTHORIZE MEMORANDUM OF AGREEMENT, MENTAL HEALTH DEPARTMENT (NEW YORK STATE OFFICE OF MENTAL HEALTH). Mrs. Richards assured the legislators that County Attorney Knickerbocker was satisfied with the agreement. The discussion centered on the probable loss of funding after the first year and the necessity for some creative problem solving.

On the motion of Mrs. Richards, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 11 became RESOLUTION NO. 211-03: INCREASE CHECKING ACCOUNTS, MENTAL HEALTH DEPARTMENT (INTENSIVE CASE MANAGEMENT).

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 12 became RESOLUTION NO. 212-03: AUTHORIZE AGREEMENT, MENTAL HEALTH DEPARTMENT (CATHOLIC CHARITIES).

On the motion of Mrs. Richards, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 13 became RESOLUTION NO. 213-03: APPROVAL TO FILL, MENTAL HEALTH DEPARTMENT, CERTIFIED SOCIAL WORKER (PART-TIME).

On the motion of Mrs. Richards, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 14 became RESOLUTION NO. 214-03: AUTHORIZE AGREEMENTS/ACCEPT FUNDS, HEALTH DEPARTMENT/ SPECIAL PROGRAMS (HEALTHY WOMEN'S PARTNERSHIP).

On the motion of Mrs. Richards, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 15 became RESOLUTION NO. 215-03: AWARD BID/AUTHORIZE AGREEMENT, HEALTH DEPARTMENT/CHILDREN WITH SPECIAL NEEDS (BIRTH TO 5), (TRANSPORTATION OF CHILDREN WITH DISABILITIES). Mrs. Breed asked about monitoring of the program. Director Gailor responded that there was constant monitoring by the department and there was daily interaction with the provider.

On the motion of Mr. Teeter, seconded by Mr. Steger and adopted, all members present voting aye, except Mr. VanDonsel, Mr. Steve and Mr. Harrington voting nay and Mr. VanDee excused, Agenda No. 16 became RESOLUTION NO. 216-03: APPROVAL TO FILL, HIGHWAY DEPARTMENT, MOTOR EQUIPMENT OPERATOR I.

On the motion of Mrs. Brown, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 17 became RESOLUTION NO. 217-03: AUTHORIZE EMPLOYMENT & TRAINING GRANT ADMINISTRATION OFFICE TO PURCHASE UPGRADES FOR THE SWIPE CARD SYSTEMS FOR THE CAREER CENTERS IN CAYUGA AND CORTLAND COUNTIES, DEPARTMENT OF EMPLOYMENT & TRAINING GRANT ADMINISTRATION.

On the motion of Mrs. Brown, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 18 became RESOLUTION NO. 218-03: AUTHORIZE AGREEMENT, EMPLOYMENT & TRAINING DEPARTMENT AND THE NEW YORK STATE DEPARTMENT OF LABOR, DEPARTMENT OF EMPLOYMENT & TRAINING.

On the motion of Mrs. Brown, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 19 became RESOLUTION NO. 219-03: AUTHORIZE AGREEMENT, DEPARTMENT OF EMPLOYMENT AND TRAINING AND GRANT ADMINISTRATION TO EXPEND $10,000 IN MARKETING FUNDS TO PROMOTE THE ONE-STOP CAREER CENTERS IN CAYUGA AND CORTLAND COUNTIES.

On the motion of Mrs. Brown, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 20 became RESOLUTION NO. 220-03: AUTHORIZE AGREEMENT, AREA AGENCY ON AGING (CORTLAND COUNTY OFFICE OF EMPLOYMENT AND TRAINING).

On the motion of Mrs. Brown, seconded by Mr. Ross and adopted, all members present voting aye, Agenda No. 21 became RESOLUTION NO. 221-03: AUTHORIZE TRAVEL, AREA AGENCY ON AGING/NUTRITION (C. EASTON).

On the motion of Mrs. Brown, seconded by Mrs. Contento and adopted, all members present voting aye, Agenda No. 22 became RESOLUTION NO. 222-03: AUTHORIZE AGREEMENT, AREA AGENCY ON AGING (CAREGIVERS RESOURCE CENTER).

On the motion of Mr. Wern, seconded by Mr. Dwyer and adopted, all members present voting aye, Agenda No. 23 became RESOLUTION NO. 223-03: AUTHORIZE LEASE/MAINTENANCE AGREEMENT, DISTRICT ATTORNEY'S OFFICE.

On the motion of Mr. Wern, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 24 became RESOLUTION NO. 224-03: APPROVAL TO FILL, PROBATION DEPARTMENT, SENIOR KEYBOARD SPECIALIST.

On the motion of Mr. Dwyer, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Allen, Mrs. Breed, Mr. Ross, Mr. Wern and Mr. Steve voting nay and Mr. VanDee recorded excused, Agenda No. 25 became RESOLUTION NO. 225: APPROVAL TO TRAVEL, PERSONNEL OFFICER / DEPUTY PERSONNEL OFFICER (PERSONNEL/CIVIL SERVICE DEPARTMENT).

On the motion of Mr. Dwyer, seconded by Mr. Ross and adopted, all members present voting aye, except Mr. Allen voting nay and Mr. VanDee excused, Agenda No. 26 became RESOLUTION NO. 226-03: APPROVAL TO TRAVEL, PERSONNEL OFFICER (PERSONNEL/CIVIL SERVICE DEPARTMENT).

Legislators questioned the expense and necessity of the two resolutions and Mr. Dwyer said it was the Personnel Directors intention to reimburse the County for the expenses related to Agenda No. 26.

On the motion of Mr. Dwyer, seconded by Mrs. Price and adopted, all members present voting aye, except Mr. Allen voting nay and Mr. VanDee excused, Agenda No. 27 became RESOLUTION NO. 227-03: AUTHORIZE TRAVEL, BOARD OF ELECTIONS (ROBERT C. HOWE).

On the motion of Mr. Dwyer, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 28 became RESOLUTION NO. 228-03: APPROVAL TO FILL, COUNTY CLERK'S OFFICE, SENIOR ACCOUNT CLERK.

On the motion of Mr. Ross, seconded by Mrs. Richards and adopted, all members present voting aye, Agenda No. 29 became RESOLUTION NO. 229-03: AMEND BUDGET 2003 / TRANSFER FUNDS, PLANNING DEPARTMENT (GRANT WRITING SERVICES - THOMA DEVELOPMENT CONSULTANTS). Mr. Ross explained that Thoma Development was working with the Planning Department on an experimental basis.

Mr. Ross withdrew Agenda No. 30 (Authorize Agreement, Planning Department [Copy Machine]).

On the motion of Mr. Cornell, seconded by Mr. Wern and adopted, all members present voting aye, Agenda No. 31 became RESOLUTION NO. 230-03: ACCEPT SUPPLEMENTAL PAYMENT / COREGIS INSURANCE, CORTLAND COUNTY RECYCLING PLANT, DEPARTMENT OF SOLID WASTE.

On the motion of Mr. Cornell, seconded by Mrs. Brown and adopted, all members present voting aye, except Mrs. Contento voting nay and Mr. VanDee excused, Agenda No. 32 became RESOLUTION NO. 231-03: AUTHORIZE AGREEMENT / BUCK ENGINEERING, SOLID WASTE DEPARTMENT.

On the motion of Mr. Cornell, seconded by Mr. Mudge and adopted, all members present voting aye, Agenda No. 33 became RESOLUTION NO. 232-03: RESCIND RESOLUTION NO. 203-03, APPROVAL TO FILL, SOLID WASTE DEPARTMENT / LANDFILL, LANDFILL EQUIPMENT OPERATOR / MECHANIC.

On the motion of Mr. Cornell, seconded by Mr. Teeter and adopted, all members present voting aye, except Mrs. Brown and Mr. Steve voting nay and Mr. VanDee excused, Agenda No. 34 became RESOLUTION NO. 233-03: APPROVAL TO FILL, SOLID WASTE DEPARTMENT, LANDFILL ATTENDANT II.

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

On the motion of Mr. Wern and seconded by Mr. Cornell, Special Article No. 01 (Reject Bids and Re-Advertise / Virgil Communications Tower Building) failed with all members present voting aye, except Mr. Allen, Mrs. Brown, Mr. Dafoe, Mr. Mudge, Mr. O'Mara, Mrs. Price, Mrs. Richards, Mr. Steve, Mr. Teeter and Mr. VanDonsel voting nay and Mr. VanDee excused.

The discussion centered on the procedures followed and the changing specifications. Mr. VanDonsel objected to the original special article because it contained two specific issues. He wanted two separate resolutions; one for rejects bids and one to re-advertise. Mr. VanDonsel made a motion to reconsider Special Article 01 and was seconded by Mr. Allen, with all members present voting aye, except Mr. O'Mara voting nay and Mr. VanDee excused.

Chairman Harrington declared a recess at 11:18 am to allow for the preparation of two special articles. The legislative session resumed at 11:35. Mr. O'Mara questioned what was being achieved. He said the engineers designed what the Judiciary and Public Safety Committee had requested, the committee had accepted the bids and then the Finance & Administration Committee had rejected the bids.

On the motion of Mr. Wern, seconded by Mr. VanDonsel and adopted with all members present voting aye, Special Article No. 01 became AGENDA NO. 234-03: REJECT BIDS, VIRGIL COMMUNICATIONS TOWER BUILDING.

On the motion of Mr. Wern, seconded by Mr. VanDonsel and adopted, all members present voting aye, Special Article No. 02 became RESOLUTION NO. 235-03: AUTHORIZATION TO RE-ADVERTISE / VIRGIL COMMUNICATIONS TOWER BUILDING.

On the motion of Mr. VanDonsel, seconded by Mrs. Brown and adopted, all members voting aye, the legislators went into executive session at 11:56 am to discuss pending litigation. On the motion of Mr. O'Mara, seconded by Mr. Cornell and adopted, all members present voting aye, the legislators came out of executive session at 12:53 pm.

On the motion of Mr. Teeter, seconded by Mrs. Contento and adopted, all members present voting aye, the legislative session was adjourned at 12:53 pm.

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