CORTLAND COUNTY LEGISLATURE

7:30 PM SEPTEMBER 24TH, 2003

MINUTES

Chairman Harrington called the meeting to order at 7:35 pm and led the salute to the flag. The Clerk called the roll and all members were recorded present. Mr. Steve requested the minutes from the previous session be amended to note the formation of the ad hoc committee for the distribution of sales tax to the highway departments. On the motion of Mr. Teeter, seconded by Mr. Wern and adopted, all members present voting aye, the amended minutes from the September 10th, 2003 meeting were approved.

PRESENTATION

The Cortland County Citizens Corps Council had a presentation to explain the purpose of the Corps as "encouraging all Americans to take an active roll in building safer, stronger, and better- prepared communities one neighborhood at a time."

REPORTS

On the motion of Mrs. Price, seconded by Mr. O’Mara and adopted, all members present voting aye, the YTD Budget Report from the Treasurer’s Office was ordered received and filed.

On the motion of Mr. Steve, seconded by Mr. Cornell and adopted, all members present voting aye, the Budget Modifications (August – September) Report from the Office of County Administrator was ordered received and filed.

On the motion of Mr. Steve, seconded by Mrs. Price and adopted, all members present voting aye, the Sales Tax Receipts (2003) Report from the Office of County Administrator was ordered received and filed.

RESOLUTIONS

On the motion of Mr. Harrington, Agenda No. 02 (Disbursement of Sales Tax Money) was introduced. Mr. Harrington read the report submitted to him by the Ad Hoc Committee and thanked them for their work. He ruled the report to be out of order because the contract with the City of Cortland had already been signed. Chairman Harrington discharged the Ad Hoc Committee. The Chairman granted the request that was made earlier by Mr. Steve for a recess. The legislative session resumed at 8:12 pm. On the motion of Mrs. Price, seconded by Mrs. Brown and adopted, all members present voting aye, Agenda No. 02 was tabled to the end of the session.

On the motion of Mr. VanDee, seconded by Mrs. Brown and adopted, all members present voting aye, except Mr. Allen, Mrs. Breed, Mr. Steger and Mr. Steve voting nay, Agenda No. 03 became RESOLUTION NO. 407-03: EXTEND TEMPORARY APPOINTMENT, COUNTY AUDITOR.

Before the vote on Agenda No. 04, Mr. VanDonsel requested and was granted permission to abstain. On the motion of Mr. Ross, seconded by Mr. Teeter and adopted, all members present voting aye, except Mr. Dwyer voting nay, Agenda No. 04 became RESOLUTION NO. 408-03: SUPPORTING AN APPLICATION FOR STATE ASSISTANCE PAYMENTS UNDER THE NEW YORK STATE BOND ACT TO PURCHASE DEVELOPMENT RIGHTS ON THE GARY AND CHRISTINE AND CHARLES AND DIANE SLADE FARM, TOWN OF HOMER, CORTLAND COUNTY, THE MATT GURNIAK FARM, TOWN OF FREETOWN, CORTLAND COUNTY, THE DARRELL AND ANN HENDERSON FARM, TOWN OF PREBLE, CORTLAND COUNTY AND THE STEPHEN SR. AND JOYCE ZELSNACK FARM IN THE TOWN OF LAPEER AND THE TOWN OF MARATHON, CORTLAND COUNTY, CORTLAND COUNTY PLANNING DEPARTMENT.

On the motion of Mr. Ross and seconded by Mr. Wern, Agenda No. 05 (Authorize Termination Agreement, Planning Department [Consultant For Grant Writing Services – Thoma Development Consultants]) was introduced. Mr. Dan Dineen, Director of Planning, reassured the legislators that Thoma Consultants were aware of the resolution. The discussion centered on the cost of the contract with Thoma and the availability of free services from SUNY/Cortland. Mr. Steve suggested that Cortland County could not have too many people looking for grants and the agenda item should be tabled so they could try to re-negotiate a contract with Thoma. On the motion of Mr. Steve, seconded by Mr. Dafoe and adopted, all members present voting aye, except Mrs. Contento, Mr. Mudge, Mr. O’Mara and Mrs. Richards voting nay, Agenda No. 05 was tabled to October 8th, 2003.

Before the vote on Agenda No. 06 Mr. VanDonsel requested and was granted permission to abstain from voting. On the motion of Mr. Dafoe, seconded by Mrs. Contento and adopted, all members present voting aye, except Mr. VanDonsel abstaining, Agenda No. 06 became RESOLUTION NO. 409-03: ACCEPT PROPOSAL / AUTHORIZE AGREEMENT, BUILDINGS & GROUNDS DEPARTMENT, D & M SEALERS.

On the motion of Mrs. Richards, seconded by Mr. Wern and adopted, all members present voting aye, Agenda No. 07 became RESOLUTION NO. 410-03: AUTHORIZE AGREEMENT / ACCEPT FUNDS, HEALTH DEPARTMENT / SPECIAL PROGRAMS, REGIONAL ASTHMA COALITION OF CENTRAL NEW YORK.

On the motion of Mrs. Richards, seconded by Mr. VanDonsel and adopted, all members present voting aye, Agenda No. 08 became RESOLUTION NO. 411-03: AUTHORIZE AGREEMENTS, HEALTH DEPARTMENT / SPECIAL PROGRAMS, BREAST & CERVICAL CANCER EARLY DETECTION PROGRAM.

On the motion of Mrs. Richards, seconded by Mr. Wern and adopted, all members present voting aye, Agenda No. 09 became RESOLUTION NO. 412-03: AUTHORIZE AGREEMENT, HEALTH DEPARTMENT / SPECIAL PROGRAMS, CENTRAL NY REGIONAL IMMUNIZATION INFORMATION SYSTEM.

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 10 became RESOLUTION NO. 413-03: AUTHORIZE AGREEMENT / ACCEPT FUNDS, HEALTH DEPARTMENT / CHILDREN WITH SPECIAL NEEDS (EARLY INTERVENTION PROGRAM AND CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT).

On the motion of Mrs. Richards, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 11 became RESOLUTION NO. 414-03: AUTHORIZE AGREEMENTS, HEALTH DEPARTMENT (LANGUAGE LINE SERVICES, INC.).

On the motion of Mr. Teeter, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 12 became RESOLUTION NO. 415-03: AMEND BUDGET, HIGHWAY DEPARTMENT (TRANSFERS).

On the motion of Mr. Teeter, seconded by Mr. Cornell and adopted, all members present voting aye, Agenda No. 13 became RESOLUTION NO. 416-03: RE-ESTABLISH "AIR 99" PROJECT, HIGHWAY DEPARTMENT / AIRPORT. County Administrator Scott Schrader explained that the funds had inadvertently been deposited in the general fund account instead of in a capital account.

On the motion of Mr. Cornell, seconded by Mr. Allen and adopted with all members present voting aye, except Mrs. Contento, Mr. Dwyer, Mr. Teeter and Mr. VanDonsel voting nay, Agenda No. 14 became RESOLUTION NO. 417-03: AMEND RESOLUTION NO.585-02, AUTHORIZE AMNESTY DAYS, HIGHWAY DEPARTMENT / SOLID WASTE DIVISION (MUNICIPAL CLEAN-UP). The discussion concerned the original intent of amnesty days and the subsequent abuse, the potential for West Nile virus infected mosquitoes and additional roadside litter. Mr. O’Mara said that it was a nice service to have, but the county could no longer afford to provide it.

On the motion of Mr. Cornell, seconded by Mr. Wern and adopted, all members present voting aye on a roll call vote (requiring two thirds), except Mrs. Contento, Mr. Dafoe, Mr. Dwyer, Mrs. Richards and Mr. VanDonsel voting nay, Agenda No. 15 became RESOLUTION NO. 418-03: AUTHORIZE TIRE FEE, RESCIND RESOLUTION NO. 220-02, HIGHWAY DEPARTMENT / SOLID WASTE DIVISION. Mr. Cornell said the $2.00 per tire fee was the break-even amount.

On the motion of Mr. Cornell and seconded by Mr. Steger, Agenda No. 16 (Authorize Non-Purged White Goods, Highway Department / Solid Waste Division) was introduced. The discussion centered on the perceived excessive cost and the suspicion that the non-purged white goods would end up on the side of the road. Mr. Cornell withdrew Agenda No. 16 for further consideration.

On the motion of Mr. Cornell, seconded by Mr. Teeter and adopted, all members present voting aye, Agenda No. 17 became RESOLUTION NO. 419-03: SET AMOUNT OF PETTY CASH FUND, RESCIND RESOLUTION NO. 506-88, HIGHWAY DEPARTMENT / SOLID WASTE DIVISION.

On the motion of Mr. Cornell, seconded by Mrs. Price and adopted, all members present voting aye, Agenda No. 18 became RESOLUTION NO. 420-03: AMEND BUDGET, HIGHWAY DEPARTMENT / SOLID WASTE DIVISION.

On the motion of Mr. Dwyer and seconded by Mrs. Brown, Agenda No. 19 (Amend Budget/Issue Budget Note/Transfer Funds, Health Insurance/Unemployment Insurance & Vision Insurance) was introduced. Mr. Steve asked about checking into plans from other providers. Mr. Dwyer assured him that it had been done and County Administrator Scott Schrader said it was an ongoing process. Mr. Steve wanted more time to explore other options and made a motion to Table To Day Certain (October 8th, 2003) and was seconded by Mr. Allen. Agenda No. 19 was tabled until October 8th, 2003 with all members present voting aye, except Mrs. Brown, Mr. Dafoe, Mr. Dwyer, Mr. Mudge, Mr. O’Mara, Mr. Teeter, Mr. VanDee, Mr. VanDonsel and Mr. Harrington voting nay.

On the motion of Mrs. Brown and seconded by Mr. O’Mara, all members present voting aye, a special article was introduced. On the motion of Mr. VanDee and seconded by Mr. Teeter Special Article No. 01 (Distribution Of Town and Highway Maintenance Repair Fund Monies Derived From Sales Tax Revenue) was introduced. Mr. Steve requested a recess to discuss the new resolution, was seconded by Mr. Allen and adopted, all members present voting aye. The legislature recessed at 8:57 pm and resumed at 9:02 pm. Mrs. Price offered a friendly amendment to add "distributed quarterly" to the special article, was seconded by Mr. O’Mara and adopted, all members present voting aye. The amended special article passed on a roll call vote, with all members present voting aye. Special Article No. 01 became RESOLUTION NO. 406-03: DISTRIBUTION OF TOWN AND HIGHWAY MAINTENANCE REPAIR FUND MONIES DERIVED FROM SALES TAX REVENUE.

On the motion of Mr. Teeter, seconded by Mr. Wern and adopted, all members present voting aye, the meeting was adjourned at 9:12 pm.

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