Chairman Steve opened the Public Hearing at 6:00 pm. The Clerk read the legal notice as published for consideration of Local Law No. 3 for the Year 2004: A Local Law Adopting a Defense and Indemnification and Official Undertaking Law. Chairman Steve asked three times if there was anyone present wishing to speak in favor of Local Law No. 3 for the Year 2004. Chairman Steve asked three times if there was anyone present wishing to speak in opposition of Local Law No. 3 for the Year 2004. No one present indicated they wished to speak in favor of or in opposition of Local Law No. 3. Chairman Steve closed the Public Hearing at 6:02 pm.

Chairman Steve called the meeting to order at 6:03 pm and led the Salute to the Flag.

The Clerk read the roll and all members were recorded present except Mr. Behrenfeld and Mr. Wern who were recorded as absent.

On motion of Dr. DiGiovanni, seconded by Mr. Allen and adopted by all members present voting aye the minutes of September 16, 2004 were approved as printed.

On motion of Mr. Cornell, seconded by Mr. Ross and adopted by all members present voting aye the minutes of September 28, 2004 were approved as printed.

Chairman Steve introduced Assemblyman Brian Kolb, Assembly District 129 and thanked him for coming to address the Legislature. Mr. Kolb thanked the Legislature for the opportunity to be able to speak to them noting that the Town of Preble is in his district. Mr. Kolb stated he would give a brief presentation and then take questions. He stated two of the major concerns facing the counties are Medicaid costs and unfunded mandates. Mr. Kolb stated his background is in business and manufacturing which gives him a good perspective on needs within the district. He understand the concerns of Cortland County and this past year as part of the leadership team introduced a plan for Medicaid relief. The costs of Medicaid have been passed down to the Counties causing property taxes to increase drastically. New York State has one of the highest funded Medicaid programs of all the States. Of every dollar spent for Medicaid in New York State, 70% goes to fund New York City. Mr. Kolb stated the main message he want to bring to Cortland County is there are people, including himself, who do care and are advocating for change and he thinks the message is getting through to the leaders in Albany. Chairman Steve asked Mr. Kolb about the five million dollars that is owed Cortland County be the State and what he can do to help the County to get that money? Mr. Kold said that what can be done is exactly what is being done now be asking him to help. Mr. Kolb asked Chairman Steve if he has talked to Senator Seward about this? Chairman Steve said he had and were working on it continually however the late budget process every year hinders the process also. Mr. Kolb stated the frustrations are being felt throughout the State and fundamental change needs to happen. He sees the past foundation crumbling and is optimistic changes will be made. Mrs. Breed asked that given Mr. Bragman’s recent experience, is there anyway both parties can get together and make the changes at the top in leadership needed. Mr. Kolb stated the general feeling in Albany is that after the election this year the leaders to be chosen need to be held accountable and should be committed to the changes needing to happen to make things work. Chairman Steve again thanked Mr. Kolb and asked him to continue to bang on all the desks necessary to effect change.

On motion of Mr. Steger, seconded by Mr. Cornell and adopted by all members present voting aye the 2003 Fixed Asset Report submitted by Scott Schrader, County Administrator was ordered received and filed. Chairman Steve thanked Mr. Schrader for the work he had done to prepare this report and bring Cortland County into compliance. He stated this was a very necessary function that needed to be taken care of that had not been done in quite a few years and Mr. Schrader although very busy with the budget process had taken the time and diligently prepared this.

On motion of Mr. Cornell, seconded by Mr. McKee and adopted by all members present voting aye the Report of Examination - Cortland County Inmate Housing Costs(1/1/2002-8/7/2003) was ordered received and filed.

The Audit and Performance Assessment Team informally known as the Audit Committee concluded its investigation and has filed a report. Dr. DiGiovanni is requesting a motion to receive and file the report which was distributed to the caucuses and that it be a confidential report and he would like to explain why but first needs a motion and a second.

On motion of Mr. Allen seconded by Mrs. Brown and adopted by a roll call with all members present voting aye, A Report of Investigation Into the Performance of the Office of Treasurer of Cortland County, New York period covered January 1, 2000 – October 21, 2004 was ordered received and filed.

Dr. DiGiovanni stated he would like a motion to receive and file this report as confidential document. Because the Audit Committee is asking the Legislature to take certain actions and because there is a necessity to read the report, to ask the committee members the questions needed to act on proposed resolutions and to deliberate on the report, the Committee thinks it may be unfair to ask the Legislature especially those who have not been a part of the Team to formally receive and file a report with which they are not familiar. If it is public, they may be asked questions they will not be able to answer. Dr. DiGiovanni will defer to the County Attorney for the action needed here. Mr. Bardsley, County Attorney, stated he has looked into the confidentiality issue and he finds no authority that would bind any of the members as such. The report can be called confidential and it could be filed as confidential but that confidentiality would only be as good as the honor of those members who respect that. However there is in the Rules of Order (Roberts Rules of Order) a statement that would allow you to proceed in this way, unless there is an objection to the receipt of this report at this time the Chair may address the body and ask if the report shall be received now in which case the majority would rule. Chairman Steve said the body could actually reject the receipt of this and hold onto it until next time. Mr. Bardsley stated they would have to designate another time to receive it if they do this. Chairman Steve’s intent is to deal with this report however not today. He will entertain a motion later for a special session to review and take action on the report after people have had a chance to review it. Dr. DiGiovanni stated the public does have a right to see this also and certainly the people that are asked the questions can respond appropriately. Chairman Steve encourages the members of this body to be respectful of the report and need to keep in mind the group will be meeting as a whole to review and take action at the special meeting. Mr. Elston stated based on the County Attorney’s opinion if this report is received and filed then it becomes a public document. Chairman Steve stated if you want the report to be confidential then you need to vote no on receiving and filing.

On motion of Mrs. Breed, seconded by Mr. McKee and adopted by all members present voting aye the 2003 Annual Report - Cortland County Community Services Board was ordered received and filed.

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by a two-thirds roll call vote with Mr. Allen (2789); Mr. Armstrong (3,369); Mrs. Breed (2,816); Mrs. Brown (2,320); Mr. Cornell (2,875); Mr. Dafoe (2,042); Dr. DiGiovanni (2,362); Mr. Elston (3, 207); Mr. Hartnett (2,334); Mr. McKee (3,351); Mr. Ross (2,314); Mr. Steger (2,775); Mr. Tagliente (2,357); Mrs. Tytler (2,317); Mr. Willcox (2,348); Ms. Wyant (2,362); Mr. Steve (2,324) voting aye and Mr. Behrenfeld (2,364) and Mr. Wern (1,973) recorded as absent, Agenda Item No. 1 became Local Law No. 3 for the Year 2004: A Local Law Adopting a Defense and Indemnification and Official Undertaking Law

On motion of Mr. Allen, seconded by Dr. DiGiovanni and adopted by all members present voting aye, Agenda Item No. 2 was tabled to the end of session.

On motion of Mr. Steve, seconded by Allen and adopted by all members present voting aye except Mrs. Brown and Mr. Tagliente voting nay, Agenda Item No. 3 became Resolution No. 334-04: Establishing A Policy to Maintain a Fund Balance of Ten percent (10%) of County Budget Mr. Willcox offered an amendment that any monies over the ten percent would be a reduction to the tax levy. Mr. Allen asked how would we determine when over the ten percent would be applied. Mr. Willcox said anything over the ten percent would go to reduce the tax levy. Chairman Steve said the idea behind this was to allow the County to have a surplus to fall back on. This only asks for the Budget Officer to take this into mind when he is creating the budget. This is only a disciplinary action for this body and anything over the ten percent would fall back to the general fund. Mrs. Brown is against the ten percent although she agrees with a fund balance she thinks it is premature because the budget is not done yet. Chairman Steve feels it is appropriate at this time before the budget is completed. Mr. Allen asked Mr. Schrader if he was comfortable with this. Mr. Schrader said he is comfortable and this will certainly help the County in many ways for a healthy cash flow. Mr. Elston stated he is always against any government take any of his money but he does feel this is prudent for this body to do. Mrs. Tytler asked is once this is attained would it be the goal to keep it there. Chairman Steve stated he sees this as a goal to be attained and it will take time to get there. Mr. Elston said would this help take out the peaks and valleys of the budgeting process. Chairman Steve said it would.

On motion of Dr. DiGiovanni, seconded by Mr. Allen and adopted by all members present voting aye, Agenda Item No. 4 became Resolution No. 335-04: Authorize Lease Agreements, Cortland County (Cortland County BDC/IDA, Cortland County Chamber of Commerce and Cortland County Convention & Visitors Bureau)

On motion of Mr. Steger, seconded by Mr. Cornell and adopted by all members present voting aye Agenda No. 5 became Resolution No. 336-04: Amend Resolution 410-01, Building and Grounds Department

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 6 became Resolution No. 337-04: Authorize Agreement, Health Department/Administration (Cortland Memorial Hospital Transfer Agreement)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 7 became Resolution No. 338-04: Authorize Agreement, Health Department/ Hospice (Contractual Services)

On motion of Dr. DiGiovanni, seconded by Mr. Steger and adopted by all members present voting aye, Agenda Item No. 8 became Resolution No. 339-04: Authorize Agreement, Health Department/ Hospice (Program Services)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 9 became Resolution No. 340-04: Authorize Agreement, Health Department/ Hospice (Transfers/Referrals)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye Agenda Item No. 10 became Resolution No. 341-04: Authorize Agreement/Accept Funds, Health Department/Administration (Healthy Heart Program)

On motion of Dr. DiGiovanni, seconded by Mr. McKee and adopted by all members present voting aye, Agenda Item No. 11 became Resolution No. 342-04: Authorize Agreement/ Accept Funds, Health Department/Administration (Tobacco Enforcement Program)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 12 became Resolution No. 343-04: Authorize Agreement/ Accept Funds, Health Department/ Administration (Central NY Regional Immunization Information System)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 13 became Resolution No. 344-04: Authorize Agreement/ Accept Funds, Health Department/ Administration (Eat Well Play Hard Grant)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 14 became Resolution No. 345-04: Authorize Agreements, Health Department/ Nursing (Contracted Services)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 15 became Resolution No. 346-04: Authorize Agreements, Health Department/ Administration (Educational Institutions)

On motion of Dr. DiGiovanni, seconded be Mr. Dafoe and adopted by all members present voting aye, Agenda Item No. 16 became Resolution No. 347-04: Amend 2004 Budget, Health Department/Jacobus Center for Reproductive Health (Anna Hilton Estate Donation)

On motion of Dr. DiGiovanni, seconded by Mr. McKee and adopted by all members present voting aye, Agenda Item No. 17 became Resolution No. 348-04: Amend 2004 Budget, Health Department/ Jacobus Center for Reproductive Health (Wilkins Foundation Donation)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye Agenda Item No. 18 became Resolution NO. 349-04: Resolution Urging Rescission of Regional Transportation Ceilings Under Section 4410 of the State Education Law

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted be all members present voting aye, Agenda Item No. 19 became Resolution No. 350-04: Authorize Agreements, Mental Health Department (Several Agencies, Department, Etc.)

On motion of Mr. Allen, seconded by Mr. McKee and adopted by all members present voting aye, Agenda Item No. 20 became Resolution No. 351-04: Amend 2004 Budget/ Transfer Funds, Highway Department/Solid Waste

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 21 became Resolution No. 352-04: Right-of-Way Policy/ Highway Department

On motion of Mr. Allen, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 22 became Resolution No. 353-04: Approve Contract, Highway Department/Recycling

On motion of Mr. Armstrong, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 23 became Resolution No. 354-04: Authorize Agreement, Probation Department (New York State Division of Probation and Correctional Alternatives-DPCA)

On motion of Mr. Armstrong, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 24 became Resolution No. 355-04: Authorize Agreement/ Accept Funds, Probation Department New York State Division of Probation and Correctional Alternatives (DPCA)

On motion of Mr. Armstrong, seconded by Mr. Cornell and adopted by all members present voting aye except Mr. Steve voting nay, Agenda Item No. 25 became Resolution No. 356-04: Adjust Salary of Assistant Public Defender (Full-time)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 26 became Resolution No. 357-04: Authorize Agreement, Area Agency on Aging (Cortland Housing Assistance Council, Inc.)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 27 became Resolution No. 358-04: Amend Budget, Department of Social Services (Community Solutions Grant)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 28 became Resolution No. 359-04: Authorize Agreement, Department of Employment and Training (New York State Department of Labor)

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 29 became Resolution No. 360-04: Amend Budget, Department of Employment and Training (Title V – Senior Community Services Employment Program)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 30 became Resolution No. 361-04: Authorize Agreement, Department of Employment and Training Grant Administration (Date Processing)

On motion of Mrs. Breed, seconded by Mr. Steger and adopted by all members present voting aye, Agenda Item No. 31 became Resolution No. 362-04: Authorize Agreement, NTS Data Services, LIC (Board of Elections)

On motion of Mr. Cornell, seconded by Mrs. Brown and adopted by a two-thirds roll call vote with all members present voting aye, Special Article No. 1 was moved to the floor.

On motion of Mr. Steve, seconded by Mrs. Brown and adopted by all members present voting aye, Special Article No. 1 became Resolution No. 363-04: Reappoint Members, Conditional Release Commission. Mr. McKee asked what the commission does? Chairman Steve stated they interview people for early release from jail.

On motion of Mrs. Brown, seconded by Dr. DiGiovanni and adopted with a two-thirds vote Agenda Item No. 2 was taken from the table for action.

Mr. Schrader stated the amount of $916,000. needs amending to $735,400. because the budget already contained a portion for the payment in the 2004 budget. Mr. Cornell offered an amendment to Agenda Item No.2 to change the amount in the amending budget lines to state $735,400, seconded by Mrs. Allen and adopted by all members present voting aye the amendment was accepted.

On motion of Mr. Allen, seconded by Mr. Tagliente and adopted by all members present voting aye, there will be a special meeting held on October 27, 2004 at 6:00 pm to review and take action on the Report of the Investigation into the Performance of the Office of the Treasurer.

On motion of Mr. Steve, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 2 became Resolution No. 364-04: Resolution Authorizing and Directing the County Treasurer to Redeem the $916,000. Bond Anticipation Note Issued for the Payment of an Early Retirement Incentive Program.

Mr. Allen reminded everyone there will be a power point presentation in the auditorium October 17, 2004 directly following the meeting. He gave the schedule for Marathon being October 28, 2004 at 7:00 pm.

Mr. Cornell stated there will be a CTVS meeting directly after session and there will be a CIC meeting on Monday, October 21 at noon.

On motion of Mrs. Brown, seconded by Mr. Cornell the meeting was adjourned at 6:55 pm.

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