Cortland County Legislative Session

6:00 pm

 Minutes of September 16, 2004

Chairman Steve opened the Public Hearing at 6:00 pm. The Clerk read the legal notice as published for consideration of Local Law # 2 for the Year 2004: A Local Law Amending Local Law # 4 – 2003 to Revise an Empire Zone (Formerly Known as an Economic Development Zone). Chairman Steve asked three times if there was anyone present wishing to speak in favor of Local Law # 2 for the Year 2004. Chairman Steve asked three time if there was anyone present wishing to speak in opposition of Local Law # 2 for the Year 2004. No one present indicated they wished to speak in favor of or in opposition of Local Law # 2. Chairman Steve declared the Public Hearing closed at 6:03.

Chairman Steve called the meeting to order at 6:04 and led the Salute to the Flag.

The Clerk read the roll and all members were recorded as present except Mr. Ross who was recorded as excused.

On motion of Mr. Cornell, seconded by Dr. DiGiovanni and adopted by all members present voting aye, the minutes of August 19, 2004 were approved as printed.

Mr. Cornell offered congratulations from the Legislature as a whole to Chairman Steve and family on the recent birth of their daughter.

 

PROCLAMATIONS/RECOGNITIONS

Chairman Steve recognized October as Disability Employment Awareness Month. The Clerk read the proclamation as Chairman Steve presented proclamations to Mary Ewing representing Access to Independence; Robin Weston representing Employment and Training and Ray AcKerman representing the J. M. Murray Center. All three representatives thanked the Legislature for the recognition and the continued support that is received from the County to be able to serve the public.

Chairman Steve recognized Cornell Cooperative Extension and National 4-H Week of October 3-9, 2004. Mrs. Breed and Mr. Armstrong joined Chairman Steve as the Clerk read the proclamation, which was presented to Mr. Sandy Sampson, President of the Board, and Syd McEvoy, Executive Director of Cornell Cooperative Extension. Mr. Sampson and Mr. McEvoy extended their appreciation for the recognition of this program.

RECEIVE AND FILES

On motion of Mr. Cornell, seconded by Mrs. Breed and approved by all members present voting aye, the Approval Certification Regarding the Sales Tax Agreement from the Office of the State Comptroller, State of New York was ordered received and filed.

LOCAL LAW:

On motion of Mrs. Breed, seconded by Mr. Allen and adopted by all members present voting aye, Agenda Item No. 1: Local Law # 3 for the Year 2004: A Local Law Adopting a Defense and Indemnification and Official Undertaking Law was introduced and will be placed on the October 21, 2004 Legislative Agenda.

On motion of Mr. Steve, seconded by Mr. Cornell and adopted by a two thirds roll call vote with Mr. Allen (2789); Mr. Armstrong (3369); Mr. Behrenfeld (2,364); Mrs. Breed (2816); Mrs. Brown (2,320); Mr. Cornell (2,875); Mr. Dafoe (2,042); Dr. DiGivoanni (2.362); Mr. Elston

( 3,207); Mr. Hartnett (2,334); Mr. McKee ( 3,351); Mr. Steger (2,775); Mr. Tagliente (2,357); Mrs. Tytler (2,317); Mr. Wern (1.973); Mr. Wilcox (2,348); Ms. Wyant (2,362); and Mr. Steve (2,324) voting aye and Mr. Ross (2,314) excused, Agenda Item No. 2 became: Local Law No. 2 for the Year 2004: A Local Law Amending Local Local Law # 4 – 2003 to Revise an Empire Zone (Formerly Known as an Economic Development Zone)

RESOLUTIONS:

On motion of Mr. Steve, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 3 became Resolution No. 290: Declaration of Lead Agency, Cortland County Empire Zone

On motion of Mr. Steve, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 4 became Resolution No. 291: SEQRA Resolution, Cortland County Empire Zone

On motion of Mr. Steve, seconded by Mr. Tagliente and adopted by all members present voting aye, Agenda Item No. 5 became Resolution No. 292: Appoint Members, Employment and Training Grant Administration (Cayuga/Cortland Workforce Investment Board)

On motion of Mr. Hartnett, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 6 became Resolution No. 293: Support of Military Missions and Service Units Operating at Hancock Field, Syracuse, New York. Mr. Hartnett requested that Mr. Manton, Program Manager of CNYRPDB be given privilege of the floor to give a brief presentation.

On motion of Mr. Hartnett, seconded by Mr. Cornell and adopted by all members present voting aye except Mrs. Brown, Mr. Hartnett, Mr. Tagliente, Mrs. Tytler, and Mr. Steve voting nay, Agenda Item No. 7 became Resolution No. 294: Supporting an application for State Assistance Payments under the New York State Bond Act to Purchase Development Rights on the Gary and Christine & Charles and Diane Slade farm, Town of Homer, Cortland County; the William and Jean Underwood farm, Town of Preble, Cortland County; the Stanley Connelly farm, Town of Virgil, Cortland County; the Stephen Sr. and Joyce Zelsnack farm, Town of Lapeer, Cortland County; the Paul and Maureen Knapp farm, Town of Preble, Cortland County; and the Laura and Collen Currie farm, Town of Preble, Cortland County; and Cortland County Planning Department. Mrs. Tytler stated she is concerned that the County does not have an overall plan. Mrs. Brown stated that once this action is taken it is forever and she is not sure that this action is in the best interest of the County.

On motion of Mr. Steger, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 8 became Resolution No. 295: Create HVAC Technician/Amend Budget, Building and Grounds Department

On motion of Dr. DiGiovanni, seconded by Mr. Wern and adopted by all members present voting aye, Agenda Item No. 9 became Resolution No. 296: Authorize Agreements/Accept Funds, Health Department/Special Programs (Cancer Services Programs)

On motion of Dr. DiGivoanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 10 became Resolution No. 297: Authorize Agreement/Accept Funds, Health Department/Special Programs (Breast & Cervical Cancer Early Detection Program)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 11 became Resolution No. 298: Authorize Agreement/Accept Funds, Health Department/Special Programs (Healthy Living Partnership Tobacco Use Prevention and Control)

On motion of Dr. DiGiovanni, seconded by Mr. Wern and adopted by all members present voting aye, Agenda Item No. 12 became Resolution No. 299: Authorize Agreement/Accept Funds, Health Administration (Traffic Safety/Child Passenger Safety Program)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 13 became Resolution No 300: Authorize Agreement, Health Department, Onondaga County/ City of Syracuse (Metropolitan Medical Response System)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 14 became Resolution No. 301: Authorize Agreement/ Mental Health Department (Greenbriar Home for Adults, Inc.)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Mrs. Breed was granted permission to abstain from voting on Agenda Item No. 15.

On motion of Mr. Allen, seconded by Dr. DiGiovanni and adopted by all members present voting aye except Mr. Dafoe and Mr. Wern voting nay and Mrs. Breed who was granted permission to abstain, Agenda Item No. 15 became Resolution No. 302: Award Main Street/Page Green Road Reconstruction Contract, Highway Department

On motion of Mr. Allen, seconded by Mr. Steger and adopted by all members present voting aye except Mr. Dafoe, Mr. McKee, Mr. Willcox and Mr. Wern voting nay, Agenda Item No. 16 became Resolution No. 303: Approve Contract for Engineering, Main Street/Page Green Road, Highway Department. Mr. McKee stated he would vote no because the County has engineers on staff that could perform this job and save money is the State would allow. Mr. Steve suggested that this group bring forward a resolution that requests the State to change this procedure.

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye except Mrs. Brown and Mr. Dafoe voting nay, Agenda Item No. 17 became Resolution No. 304: SEQR Landfill Permit Modification, Highway Department/Landfill

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 18 became Resolution No. 305: Amend 2004 Budget Recognizing Insurance Recovery, Highway Department/Recycling

On motion of Mr. Allen, seconded by Mrs. Breed and adopted by all members present voting aye there will be a special meeting held on September 28, 2004 at 6:00 pm in the Legislative Chambers to be able to act on Resolutions authorizing the County to accept bids for work to be done on the Recycling Center Building.

On motion of Mr. Wern, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 19 became Resolution No. 306: Authorize Agreement, Department of Weights and Measures (New York State Department of Agriculture and Markets)

On motion of Mr. Wern, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 20 became Resolution No. 307: Establish Petty Cash Account, Department of Weights and Measurers (Petroleum Quality Testing Program)

On motion of Mr. Wern, seconded by Cornell and adopted by all members present voting aye, Agenda Item No. 21 became Resolution No. 308: Authorize Agreement/Amend Budget, Sheriff’s Department (Child Passenger Safety Program)

On motion of Mr. Wern, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 22 became Resolution No. 309: Authorize Agreement, Fire and Emergency Management (Cortland County Emergency Communication Group (CCECG)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 23 became Resolution No. 310: Accept Bids/Authorize Purchase, Area Agency on Aging/Nutrition (Miscellaneous Groceries and Frozen Foods)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 24 became Resolution No. 311: Amend Budget, Area Agency on Aging/Nutrition (Senior Nutrition Assistance Program – SNAP)

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 25 became Resolution No. 312: Amend Budget, Area Agency on Aging/Nutrition (Nutrition Program Contract)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 26 became Resolution No. 313: Amend Budget, Area Agency on Aging (Title IIIB)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 27 became Resolution No. 314: Amend Budget, Area Agency on Aging (Title IIIE Family Caregivers)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 28 became Resolution No. 315: Authorize Agreement, Area Agency on Aging (Cortland Memorial Nursing Facility)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 29 became Resolution No. 316: Authorize Agreement, Area Agency on Aging (Cortland Care Center, Inc.)

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No.30 became Resolution No. 317: Authorize Agreement, Area Agency on Aging (Walden Place)

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 31 became Resolution No. 318: Authorize Agreement, Area Agency on Aging (GTL., Inc. d/b/a Link to Life)

On motion of Mrs. Brown, seconded by Mr. Breed and adopted by all members present voting aye, Agenda Item No. 32 became Resolution No. 319: Authorize Agreement, Area Agency on Aging (Cortland Memorial Hospital-Meals on Wheels)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No.33 became Resolution No. 320: Authorize Agreement, Department of Social Services (Several Agencies, Departments, Etc.)

On motion of Mr. Cornell, seconded by Mr. Allen and adopted by all members present voting aye, Ms. Wyant was granted permission to abstain from voting on Agenda Item No. 34.

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye except Ms. Wyant who was granted permission to abstain, Agenda Item No. 34 became Resolution No. 321: Authorize Agreements, Department of Social Services (Foster Care)

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 35 became Resolution No. 322: Authorize Agreements, Department of Social Services (Day Care Services)

On motion of Mrs. Brown, seconded by Mr. Wern and adopted by all members present voting aye, Agenda Item No.36 became Resolution No. 323: Amend Budget, Department of Social Services (Transfer)

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 37 became Resolution No. 324: Accept Grant/Amend Budget, Department of Employment and Training Grant Administration (Disability Program Navigator)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 38 became Resolution No. 325: Authorize Agreement, Employment and Training Department, Cayuga-Cortland Workforce Investment Board (WIB) and the Chief Elected Officials of Cayuga and Cortland Counties

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 39 became Resolution No. 326: Authorize Extension of Agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc., and Nationwide Trust Company for Continuation of Cortland County Deferred Compensation Plan

On motion of Mrs. Breed, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 40 became Resolution No. 327: Adopt Cortland County Policy and Procedures-Administration and Settlement of Claims

On motion of Mrs. Breed, seconded by Mr. Behrenfeld and adopted by all members present voting aye except Mr. Allen voting nay, Agenda Item No. 41 became Resolution No. 328: Authorize Contracts for Property and Casualty Insurance. Mr. Allen stated he would be voting no on this resolution because the lowest bidder had withdrawn their proposal after reviewing the State Comptrollers Report of the Treasurer’s Office therefore the County was paying about $90,000.00 more for insurance than would have been necessary. 

ANNOUNCEMENTS

Mr. Cornell reminded everyone of the CTVS committee meeting to follow at 7:00pm. Mr. Allen reminded everyone of the GEC meeting on October 13, 2004 at 7:00 pm. Mr. Allen thanked Mr. Eggleston for his years of dedicated service to the County of Cortland as Superintendent of the Highway Department and wished him well on his retirement.

On motion of Mrs. Brown, seconded by Dr. DiGiovanni and adopted by all members present voting aye the Legislature went into executive session at 6:25 pm. On motion of Mr. Allen, seconded by Mr. Cornell the Legislature came out of executive session at 8:02 pm.

ADJOURNMENT

On motion of Mr. Steger, seconded by Mrs. Brown the meeting was adjourned at 8:03 pm.

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