Chairman Steve called the meeting to order at 6:00 pm and led the Salute to the Flag.

Chairman Steve requested a moment of silence in honor of Mary Hartnett Paro, Mr. Hartnett’s mother, who served as the Legislator representing District # 4 from 1992-1995.

The Clerk called the roll and all members were recorded as present.

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, the minutes of the February 17, 2005 were approved as printed.

Chairman Steve presented the proclamation for Developmental Disabilities Awareness Month to Sharon Radley from ARC as it was read by the Clerk. He stated that all Legislators were given an invitation to visit the ARC program to observe what services are performed for the community. Chairman Steve said he is aware of their importance within the community and is very pleased to have them here tonight to recognize their contributions. Ms. Radley thanked the Legislature for the proclamation and for recognizing the importance of the work the program performs with the population of persons with disabilities within this community.

Chairman Steve presented the proclamation for Public Health Week to Jackie Gailor, Director of the Health Department, as it was read by the Clerk. He stated the Health Department is a huge asset for Cortland County, noting they provide quality care to the residents of Cortland. He thanked Mrs. Gailor for her hard work as head of this department. Ms. Gailor said her staff is really gearing up for Public Health Week and had asked her to extend an invitation to all Legislators to go into the field with them during that week and observe what services are provided. She stated if Legislators wished to participate in a clinical visit, the department would need to get permission first but it could be done and she encouraged participation. Ms. Gailor said it has been a few years since this invitation has been offered. She thanked the Legislature for the recognition of the services provided to the community by the Health Department.

Chairman Steve said he would like to offer a public apology for some statements that were made during the January meeting that were probably taken out of context. By doing this he hopes to help everyone realize just how important and valuable small communities are and that he does indeed recognize the many accomplishments within them. He stated that one of the sports programs was recognized previously but this will recognize several other areas for McGraw. He stated that in academics they are second only to Cincinnatus in % of students receiving Regents diplomas; had 16 scholar-athlete teams in just the last three years; have the most strict academic eligibility code of area schools; offer 9 AP/college level course; their seniors received over $171,000 in scholarships last year; had 2 students place first in NYS Environmental poster design: in music – had 10 students in all-state choir in last seven years; had 6 students chosen for All-Eastern Chair in last seven years; have very successful musical productions with students also performing with CRT: in band – were Class B Concert Band Champions – 1995, 1996, 1997, 1998, 2002; were Class C Concert Band Champions – 2001; were Class B Jazz Ensemble Champions – 1995, 1996, 1997, 1998: in Athletics – had 7 golf league champions in last 16 year; had CCL Champions in soccer, basketball and golf in 2003-2004; had CCL Champions in volleyball, basketball and golf in 2002-2003; had State Champions in girls soccer 2004; had a sectional award given in recognition of community project for the new soccer fields/walking trails: and in 2003 NYS teacher of the year award was given to John Pinto. Chairman Steve said over the last few years quite a sum of money has been spent repairing bridges in the McGraw area and his statement was meant to reflect that he would like to see many good things coming out of the Village of McGraw as indeed the short list of accomplishments reflects is happening. He again offered his apology for the misinterpretation of the statement made.

Chairman Steve stated that McGraw had three candidates for the mayoral race that just occurred. He offered his congratulations to Mr. Jay Cobb the newly elected mayor. With the election of a new mayor, the Village of McGraw will be losing the former mayor who decided to retire after serving since 1983. Chairman Steve presented Mr. John "Jack" Fitch, the retiring mayor, with the recognition for his years of public service as it was read by the Clerk. Chairman Steve stated that McGraw was definitely a tight community, which was witnessed with regard to the correction of the statement made. Chairman Steve thanked Mr. Fitch for his many years of public service that can be difficult at times. Mr. Fitch thanked Chairman Steve and the Legislature for their recognition and said Mr. Steve was very right in that the McGraw community is very close.

Chairman Steve said it is now time for this body to recognize one the their own, Mr. Wern, who will be retiring at the end of March. He stated Mr. Wern has served as a Legislator for District 10 of Homer since January 1, 1994 and has served on the following committees: Judiciary of Public Safety from 1994 – 1997, 2000 – 2005; Highway 1994 – 1997; Human Resources 1991- 1995, 1998- 1999, 2004-2005; Planning 1994 - 1995, 2004 - 2005; Finance and Administration 1996 - 1997, 2004 - 2005; Buildings and Grounds 1996 -1999, 2002 - 2003; Health 1998 - 2001, 2004 – 2005; Personnel 2000 – 2001, 2004 – 2005; Solid Waste 2002 – 2003; serving as Chairman of Judiciary and Public Safety Committee in 1996 – 1997 and again from 2003 – 2004. Chairman Steve stated he doesn’t think there is a committee that Mr. Wern hasn’t served on and that his expertise and experience will certainly be missed. He extended the Legislature’s best wishes to Mr. Wern in his future endeavors as he requested Mr. Wern join him at the podium to accept a plaque in recognition of his years of service. Mr. Wern thanked Chairman Steve, the Legislature and the residents of the Town and Village of Homer that have allowed him to be their representative since 1994. He stated it has been a privilege and honor to represent them and hopes he has done a good job for them. He has discovered there is life after being a Legislator by starting a new business endeavor and is staying very busy. He acknowledged seeing several faces in the audience of people he has enjoyed working with over the years. The Legislative body gave a standing ovation as Mr. Wern returned to his seat.

On motion of Mr. Armstrong, seconded by Dr. DiGiovanni and adopted by all members present voting aye, except Mrs. Brown, Mr. Dafoe and Mr. VanDee voting nay, the Letter of Appointment – Deputy Cortland County Highway Superintendent from Donald Chambers, Cortland County Superintendent of Highways was ordered received and filed. Mrs. Tytler asked was there a probationary period for this position. Mr. Schrader said yes there was a six-month probationary period. Chairman Steve congratulated Mr. Buerkle.

On motion of Mr. Steger, seconded by Mrs. Brown and adopted by all members present voting aye, the Letter of Resignation from David L. Wern – Legislative District # 10, Homer, NY 13077, was ordered received and filed with regrets. Mr. Armstrong said it is sad that Mr. Wern has chosen to resign from his position stating that he has served his constituents well. Mr. VanDee stated Mr. Wern has done a great job and he has often said that if there was ever a gentleman on the third floor it was Mr. Wern and that both sides will miss him.

On motion of Mr. Cornell, seconded by Mr. Tagliente and adopted by all members present voting aye, the Cortland County Clerk’s Annual Report – 2004 was ordered received and filed.

On motion of Mr. Elston, seconded by Mr. Hartnett and adopted by all members present voting aye, the Cortland County Sheriff’s Department Annual Report – 2004 was ordered received and filed.

On motion of Mr. Steve, seconded by Mr. Armstrong and adopted by all members present voting aye except Mrs. Breed voting nay, Agenda Item No.1 became Resolution No. 60-05: Authorize Agreement For Independent Auditing Services with Richard McNeilly, CPA Mrs. Tytler asked if this had been renegotiations to clarify what is expected within this audit. Mr. Steve stated the defined Scope of Services clearly states the expectations of this audit and also that in this resolution Mr. Schrader is being named the liaison between the auditor and the County to make sure it is performed not only timely but within the Scope of Services.

On motion of Mr. Steve, seconded by Dr. DiGiovanni and adopted by all members present voting aye, Agenda Item No. 2 became Resolution No. 61-05: Encourage Amendment of Social Services Law Section 141 Regarding Burial Rates for Indigent Persons

On motion of Mr. Steve, seconded by Mr. Allen and adopted by all members present voting aye, Agenda Item No. 3 became Resolution No. 62-05: Resolution Calling on the Governor and State Legislature to Reach Agreement of a Local Medicaid Cap

On motion of Mr. Steve, seconded by Mr. McKee and adopted by all members present voting aye, Agenda Item No. 4 became Resolution No. 63-05: Reappoint Member, Soil & Water Conservation District Board of Directors (Patrick Snyder)

On motion of Mr. Steve, seconded by Mr. Allen and adopted by all members present voting aye, Agenda Item No. 5 became Resolution No. 64-05: Appoint Members, Central New York Regional Planning and Development Board (Donald Chambers and Scott E. Steve)

On motion of Mr. Steve, seconded by Mr. Ross and adopted by all members present voting aye, Agenda Item No. 6 became Resolution No. 65-05: Authorize Committee Appointments, Airport Master Plan Development Highway Department / Cortland County Airport

On motion of Mr. Steve, seconded by Mr. Armstrong and adopted by all members present voting aye except Mr. Dafoe and Mr. VanDee voting nay, Agenda Item No. 7 became Resolution No. 66-05: Appoint Member Open Space Commission – NYSDEC (Paul Allen). Mr. Dafoe said the Chairman Steve had not asked anyone else about membership.

On motion of Mr. Behrenfeld, seconded by Mrs. Brown, Agenda Item No. 8: Authorize Treasurer to Accept Delinquent Tax Payments failed on a roll call vote with all members voting aye except Mr. Allen, Mr. Behrenfeld, Mrs. Breed, Mr. Cornell, Dr. DiGiovanni, Mr. Elston, Mr. Ross, Mr. Steger, Mr. Willcox and Mr. Steve voting nay. Prior to the vote, Dr. DiGiovanni asked if this authorized that persons who had not paid their property taxes for 2003 would be allowed to pay them now even if the procedure to take title to their properties had already begun by the County. Chairman Steve stated yes it would. After the agenda item failed, Mrs. Brown asked what is the recourse now? Chairman Steve stated all the properties go to the delinquent tax sale. Mrs. Brown stated this means the County is not giving the people a chance that have not been able to keep current on their tax bills. Chairman Steve stated that everyone has had opportunities and options open to them to pay their bills either on time or with a payment plan and have failed to do it. It is his opinion that allowing this to happen actually penalizes the property owners who do pay their taxes on time. Mrs. Brown stated there are people out there that have hardships and just are not able to pay on time and she does not think this is in the best interest of the County.

On motion of Mr. Ross, seconded by Mr. Willcox and adopted by all members present voting aye except Mr. Dafoe, Dr. DiGiovanni, Mr. Tagliente, Mr. VanDee and Mr. Steve voting nay, Agenda Item No. 9 became Resolution No. 67-05: Amend 2005 Budget, Planning Department (Conservation Easements on the Leslie F. and Lorraine Chace Farm in the Town of Homer; the Darrell and Ann Henderson Farm in the Town of Preble; and the Russell and Janice Sears Farm in the Town of Preble)

On motion of Mr. Ross, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No.10 became Resolution No. 68-05: Authorize Agreement, Cortland County (SPCA)

On motion of Mr. Ross, seconded by Mr. Steger and adopted by all members present voting aye, Agenda Item No. 11 became Resolution No. 69-05: Authorize Agreement, Cortland County (Central New York Regional Planning and Development Board)

On motion of Mr. Ross, seconded by Mr. Cornell and adopted by all members present voting aye except Mr. Steve voting nay, Agenda Item No. 12 became Resolution No. 70-05: Authorize Agreement, Cortland County (Southern Tier East Regional Planning and Development Board)

On motion of Mr. Steger, seconded by Mr. Allen and adopted by all members present voting aye except Mr. Dafoe and Mr. VanDee voting nay, Agenda Item No. 13 became Resolution No. 71-05: Abolish/ Create, Buildings and Grounds Department (Cleaner/Custodian)

On motion of Mr. Steger, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 14 became Resolution No. 72-05: Accept Bid, Authorize Purchase, Buildings and Grounds (Skid Steer Loader)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 15 became Resolution No. 73-05: Authorize Agreements/ Accept Funds, Health Department (Regional Asthma Coalition of Central NY)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 16 became Resolution No. 74-05: Authorize Agreements/ Accept Funds, Health Department (Public Health Preparedness and Response to Bio Terrorism)

On motion of Dr. DiGiovanni, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No.17 became Resolution No. 75-05: Authorize Agreement/ Amend Budget, Health Department (Healthy Heart Disabilities Initiative)

On motion of Dr. DiGiovanni, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No.18 became Resolution No. 76-05: Authorize Agreement, Mental Health Department (New Justice Conflict Resolution Services, Inc.)

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye except Mr. Dafoe voting nay, Agenda Item No. 19 became Resolution No. 77-05: Amend Budget/Transfer Funds, Highway Department

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 20 became Resolution No. 78-05: Amend Budget/Transfer Funds, Highway Department Mrs. Brown asked if this transfer was for Professional Engineering Services? Chairman Steve it was for engineering services for the Little York Dam project.

On motion of Mr. Allen, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 21 became Resolution No. 79-05: Amend Budget/Transfer Funds, Highway Department

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 22 became Resolution No. 80-05: Amend Budget/ Transfer Funds, Highway Department

On motion of Mr. Allen, seconded by Elston Agenda Item. No. 23: Authorize Agreement, Highway Department/ Recycling (J M Murray Center) failed by a roll call vote with all members present voting aye except Mr. Behrenfeld, Mrs. Breed, Mr. Cornell, Mr. Dafoe, Mr. Hartnett, Mr. McKee, Mr. Tagliente, Mrs. Tytler, Mr. VanDee, Mr. Wern and Mr. Willcox voting nay. Before the vote Mrs. Tytler stated she is fully in support of employing persons with disabilities but does not understand why the County is contracting our for this service and not allowing persons with disabilities to apply for the opportunity to work for the County. Mr. Willcox stated that he was voting no on this proposition not because he has any problems with the JM Murray Center but because he feels the job can be done in house through the Probation Department and Department of Social Services at a cost saving to the County. Until these other options have been explored and ruled out he can’t support an outside contract for services. Mrs. Tytler asked Mr. Schrader what the hourly salary would be for the JM Murray workers? Mr. Schrader believed it to be $8.55 an hour. Mrs. Tytler questioned how much was the administrative part of the contract? Mr. Schrader stated he hadn’t broken the costs but JM Murray Center would be absorbing some of the costs. Mrs. Tytler asked how would the County know that the people working there are disabled? Mr. Schrader sated that because of the contract all employees other than a job coach would have to be disabled to participate in the program. Mrs. Tytler asked what would preclude them from being County employees? Mr. Schrader stated nothing would. Mrs. Tytler asked before the recycling center burned were the workers County employees? Mr. Schrader explained some were and some were through the programs that Legislator Willcox had referred to through Probation and DSS. Mr. VanDee stated that at the time the center burned they were not using the volunteer programs there because of liability and that they were County employees. Mr. VanDee asked about the positions there being union and how would this affect the County? Mr. Steve said the operation there now will be much different, therefore can be handled a different way to hopefully make it generate revenue. Mr. VanDee said this hadn’t answered his question. Mr. Schrader said Mr. VanDee was correct about the County changing because of liability however the positions there were ½ time positions and not covered by the union. Mr. VanDee asked what the liability would be for the County for the JM Murray Center contract? Mr. Schrader stated that JM Murray Center would be responsible for their employees to be vaccinated and would cover them for Worker’s Compensation relieving the County of liability. Mr. Schrader stated that given the fact the contract vote failed he would be giving permission tomorrow to fill the positions in the budget for the recycling center. Mr. Allen asked if this was going to hold up the starting of the recycling center. Chairman Steve said the County could not hold up the opening because this situation is costing the County, that they needed to move forward to make sure everything was in place and ready to go. Mr. Willcox asked Mr. Schrader if this means that the options he had brought up would not be explored? Mr. Schrader said they can be explored but at this time it would not work to get the center up and running. He stated that the staff needed to operate the center will need to be positions that are filled by the County and any people assigned through programs would only be to supplement the center.

On motion of Mr. Elston, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 24 became Resolution No. 81-05: Accept Grant/Amend Budget/Authorize MOU with CPAC, Sheriff’s Department (Bulletproof Vest Partnership)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 25 became Resolution No. 82-05: Authorize Agreements, Youth Bureau (Special Delinquency Prevention Program)

On motion of Mrs. Brown, seconded by Mr. McKee and adopted by all members present voting aye, Agenda Item No. 26 became Resolution No. 83-05: Authorize Agreement, Youth Bureau (Youth Development/ Delinquency Prevention)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 27 became Resolution No. 84-05: Authorize Bus Agreement, Youth Bureau (Bus Lease – Cincinnatus Central School District)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 28 became Resolution No. 85-05: Abolish/Create, Department of Social Services (Social Services Investigator/ Case Aide)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 29 became Resolution No. 86-05: Abolish/Create, Department of Social Services (Senior Social Welfare Examiner/ Social Welfare Manager)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 30 became Resolution No. 87-05: Authorize Agreement, Area Agency on Aging (Harford Senior Center)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 31 became Resolution No. 88-05: Amend Budget, Area Agency on Aging (HIICAP)

On motion of Mrs. Brown, seconded by Mr. Tagliente and adopted by all members present voting aye, Agenda Item No. 32 became Resolution No. 89-05: Accept Bids/ Authorize Purchase, Area Agency on Aging/ Nutrition (Miscellaneous Groceries and Frozen Foods)

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 33 became Resolution No.90-05: Approve to Fill Above Midpoint, Personnel/ Civil Service Department (Municipal Personnel Technician Trainee)

On motion of Mrs. Breed, seconded by Mr. Ross and adopted by a roll call vote with all members voting aye except Mr. Allen, Dr. DiGiovanni, Mr. Tagliente and Mr. Steve voting nay, Agenda Item No. 34 became Resolution No. 91-05: Authorize Agreement, Kirby, McInerny and Squire, LLP – Medicaid Pharmaceutical Fraud ( County Attorney) Dr. DiGiovanni stated he has a hard time supporting this. He has researched this issue and the basis of the fraud is pretty simple; Pharmaceutical Companies have to offer governmental run programs – namely Medicare and Medicaid – the best rate that they have negotiated with a private concern. In order to avoid compliance with the law, they then re-label the same medications and charge a higher fee to Medicare and Medicaid which is clearly fraudulent. In many States the Attorney General is the one pursuing the litigation regarding Medicaid pharmaceutical overcharges, however in this State the Attorney General has only gone after two companies and has passed back the litigation to the Counties. He stated the reason we have an Attorney General’s Office is to protect the citizens and taxpayers against this type of occurrence. Mrs. Brown asked what the cost to the County is? Chairman Steve said $1000 in expenses. Mr. Bardsley said the $1000. represents the maximum charge incurred by the County for expenses, however there is a 15% contingency fee regarding any settlement. Chairman Steve stated he has mixed emotions on this one knowing that it will be the attorneys who make the money. He agrees with Dr. DiGiovanni, however realizes the interests of the County need to be protected and if the Attorney General is not doing that then the Legislature needs to do it. Mr. Allen stated the County taxpayers should not have to pick up the tab for a fight that should be done at the State level and that this is just another State mandate that is being passed back to local taxpayers. Dr. DiGiovanni agreed with Mr. Allen stating that pressure needs to be put onto the Attorney General to do his job. Mrs. Brown said the bottom line here is to protect the taxpayers of this County and a cost of $1,000 is acceptable. Dr. DiGiovanni reminded Mrs. Brown the cost is $1,000. plus the additional 15% charge for the contingency which is taxpayers money. Mr. Elston said he understands all the concerns but feels the County must move forward on this one.

On motion of Mrs. Breed, seconded by Mr. Allen and adopted by all members present voting aye, Agenda Item No. 35 became Resolution No. 92-05: Authorize Agreement, County Clerk’s Office (Info Quick Solutions, Inc. Record Book Preservation Services)

On motion of Mr. Cornell, seconded by Mr. Armstrong and adopted by all members present voting aye, Special Article No. 1 was moved to the floor. On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Special Article No. 1 became Resolution No. 93-05: Appoint/ Reappoint Members, Cortland County Planning Board. Chairman Steve stated there was a Planning Board Meeting last night with sparse attendance and it had been brought to his attention of a recent vacancy, therefore he decided to offer a Special Article to fill membership slots on the Board.

Mr. Allen announced the CEG committee will meet on March 22, 2005 at 6:30 pm. He said that in the first part of April there would be a Federal Attorney coming to address the committee and the public regarding reauthorization of the Patriot Act. Chairman Steve suggested Mr. Allen talk to the Federal Attorney regarding the Medicaid litigation. Mr. Allen announced the Salvation Army Dinner would be held on April 27^th .

Mr. Cornell said the CTV committee is currently meeting.

On motion of Mr. Wern, seconded by Mr. Cornell the meeting was adjourned at 7:03 pm.

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