Chairman Steve opened the Public Hearing at 6:00 pm. and welcomed everyone. Chairman Steve reviewed the procedure for the Public Hearing and read the rules that the hearing would be conducted under. Chairman Steve asked if there was anyone present that had any questions regarding the rules. Mr. William Allen asked if article # 7 of the rules was not a violation of freedom speech. Chairman Steve said there would be a determination made if something being said was out of bounds so please try to refrain from slanderous remarks. Mr. Allen asked how would this be determined. Chairman Steve said that would be determined as the public hearing proceeds. The Clerk read the Legal Notice as published for consideration of: Adopt Local Law No. 1 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Deputy Sheriff Titles for Cortland County.

Chairman Steve proceeded to call the speakers stating that Mr. Allen was signed up to speak on all four of the proposed Local Laws and asked if he would like to have the time allotted to speak on all at one time stating that he would give Mr. Allen a total of ten minutes to address all of them. Mr. Allen said he would like to speak to each one individually.

Chairman Steve called Mr. Allen to come forward to speak. Mr. Allen stated he was from Virgil and West Ruteland for the information of somebody who had sent him an e-mail saying what business it was of his regarding these Local Laws when his mailing address was West Ruteland. He said he didn’t know there was a residency requirement for being interested in what was happening in this county. He seriously opposes this change in the residency requirement. He believes that the one and only reason for these changes as they are proposed is because of what he brought up due to what the Deputy Sheriffs did to him and that was the unlawful imprisonment of him in the court house; Shawn Sweeney by name. Mr. John Bardsley, County Attorney, interrupted Mr. Allen and requested that the Chairman and Legislature admonish Mr. Allen from using any names of individuals when speaking in regards to his opposition. Mr. Allen stated he did not wish to be interrupted and that Mr. Bardsley was taking up his time to speak. Mr. Bardsley stated that the time he was using would not be taken from Mr. Allen’s time allowed to speak. Chairman Steve requested that Mr. Allen refrain from using specific names telling Mr. Allen if he wishes to be specific on complaints they should be put into writing and submitted to him or the appropriate party. Chairman Steve said what the Legislature is trying to do here is get the opinion on the proposed Local Law and if Mr. Allen could please keep his comments to that it would be very helpful. Mr. Allen stated this County is illegally paying fifteen people who do not live in this County. The department heads of the Sheriffs Department, the Public Defender’s Office and the Corrections Department are aware of this and he doesn’t know who else. The law is very specific and has not been changed as of yet and may be not be changed tonight. He has been bringing this to the attention of the County and he has been making his complaints in writing to the Sheriff, the County Administrator, the Personnel Officer, the Treasurer’s Office and the County Clerk and the response he has gotten has been total stonewall. Mr. Allen said he isn’t even able to get any information that is due under a Freedom of Information request when the things he is asking for are specifically public information and he is sick of it. There was an article in the paper where somebody pointed out that the County had about sixteen or seventeen qualified applicants for deputy sheriff last time there was an opening. There is no reason that you can’t hire people who live within this county and to change the law just to cover up the fact that the Sheriff has knowingly and voluntarily hired people from outside of this County however when it is politically expedient to bring up the residency requirement to get rid of the Undersheriff. It is just a travesty and he doesn’t think anybody should put up with it. The fact is he should be able to mention names. He has made the complaints and nothing has been done about it. He has asked Mr. Steve for a specific list of those fifteen people so he could make an official complaint about each and everyone of them. He has complained about the Assistant District Attorney, Jevon Garrett, about your Deputy Sheriff, Shawn Sweeney; about your assistant Public Defender. Mr. Bardsley interrupted Mr. Allen and asked the Chairman to have the speaker admonished for using the names of individuals and asking for him to be reminded that he could be removed. Mr. Allen said these are all facts that should be brought out and anybody that is on this Legislature should be interested in exactly what the facts are. He doesn’t appreciate being interrupted by Mr. Bardsley, who told him in his office it was none of his business what happens and Mr. Bardsley knows what the law is and the fact that all the laws have to be obeyed by everyone in this County including Mr. Bardsley. Chairman Steve stated that if Mr. Allen continues to use names he could be removed and thanked Mr. Allen.

Chairman Steve called Sheriff Price to come forward to speak. Sheriff Price thanked the Legislature for the opportunity to speak. He has been to meetings with most of the group and has discussed this concern. He is asking the body to consider passing this law tonight. When the 1909 Law was enacted people were using horse and buggies, he wasn’t around then but that was the form of transportation. Now people are able to get outside of the County within a matter of minutes. The law on the books is an antiquated Law and needs to be changed. This could affect as many as eleven people within the Sheriff’s Department. He stands here before this body tonight with hat in hand asking them to pass this Law. Chairman Steve thanked Sheriff Price.

Chairman Steve called Mark Strom to come forward to speak. Mr. Strom said he was here tonight as a representative of the bargaining unit for the Sheriff’s Departments Road Patrol. We are in support of lifting the residency requirement for the Road Patrol Division and the Corrections Division and any employee of the Sheriff’s Department. He thanked everyone.

Chairman Steve stated that is all the people who have signed and asked three times if there was anyone else wishing to speak in favor or opposed to Local Law # 1 and with no one else present wishing to speak he closed the Public Hearing on Local Law # 1 at 6:10 p.m.

Chairman Steve opened the Public Hearing for Local Law # 2 at 6:11 p.m. The Clerk read the Legal Notice as published for consideration of Adopt Local Law No. 2 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Correction Officer Titles for Cortland County.

Chairman Steve called Mr. Mike Babcock to come forward to speak. Mr. Babcock stated he was a Corrections Officer with the Cortland County Sheriff’s Department and he was here representing the CSEA, the Corrections Officers and the Sheriff’s Department in all. For whatever reason we recognize that the existing rule has not been enforced over the past years. Officers have been hired outside of the County that now work here and of the ones that do, most of them have over eight years experience each. That is a lot of years to stay in corrections. He has been there almost nine years and he has seen almost sixty officers go through that building full time and that is lot of officers. We believe that relaxing the residency requirements would actually help Cortland County attract and retain good dedicated workers. If we open our hiring area to surrounding counties means we gain a larger pool from which to draw from, therefore allowing us to hire the cream of the crop and when you work in corrections you want to make sure you have the cream of the crop. As a union we do not believe that County of Cortland needs to keep the workers living in the County to gain a better work force. We have already proven that the Sheriff’s Department workers, no matter where they live, are dedicated, loyal and productive and will remain so, residency requirement or not. We believe that this outdated and previously ignored rule should be relaxed benefiting both workers and Cortland County. He thanked everyone.

Chairman Steve called Mr. Allen to speak and asked him to quarantine that he would follow the rules. Mr. Allen stated he would conform the constitutional right that he has to the Freedom of Speech. Chairman Steve stated it is being deemed unnecessary and unjust and not to be represented as part of this Local Law and if you can’t understand that and recognize what our interpretation is then I will have to ask you to leave right now. Mr. Allen asked when does his time start? Chairman Steve stated that he would give the timer a nod and that would start his time, but he needs an answer to this question or he is not going to start the timer until he gets an answer to this question. Mr. Allen stated that he believes according to the rules here, you are not allowed to ask questions. Chairman Steve said this question was in regards to the rules and that he had asked previously if there were questions on the rules. Mr. Allen you asked a valid question and I answered that question and now you are pushing it. Chairman Steve stated he is asking Mr. Allen to please be respectful to what is being requested. There are procedures and policies in place to deal with the issues that he has referred to and it needs to be done that way. This is not the forum to handle those concerns. Mr. Allen asked if he was under subpoena? Chairman Steve said no he wasn’t. Mr. Allen stated he did not have to answer his questions. Chairman Steve said that is correct, however if you are going to speak about the Local Law and you go out of line again there will be no more discussion about it and you will be asked to leave. Mr. Allen stated he has not been out of line. Chairman Steve asked if he understood? Mr. Allen asked who makes the determination if he is out of line? Chairman Steve said the County Attorney makes the determination. Mr. Allen asked if it was by himself? Chairman Steve said with our judgment here as well. Mr. Allen called for a vote as to whether or not he has a right to speak and to use specific names in the discussion. Chairman Steve stated he would not call that vote and he would not let that conversation interrupt and reminded Mr. Allen, if he does violate the rules then he will be asked to leave. Chairman Steve started Mr. Allen’s time.

Mr. Allen would like to point out there is an ongoing violation with the Corrections Officers of the law that you are proposing to change. They are covered by Public Officers Law. Anytime that a person fails to reside in this County if they are a Public Officer they have technically vacated that position just by not being here. Your County has done this for who knows how long. I was aggravated by one of your Sheriff’s Deputies which brought this whole thing to my interest and I don’t think changing the Law to cover up the fact that I have found an ongoing violation within the Sheriff’s Department, the Public Defender’s Officer and the Assistant District Attorney is any reason to try to shut me up or to change the Law. You have someone here who claims he has qualified people working in the Sheriff’s Office and yet the Sheriff himself and the deputies that work for him and the corrections officer that was just here all commented that they know what the law is and that they are in violation of it. How qualified and ethical can these people be when they are speaking to you and how credible is their testimony, if you call it testimony, when they know what the law is and they have chosen to violate it, including handcuffing me at the court house and taking me over to the Sheriff’s Office not under arrest and grilling me and refusing to allow me to call an attorney. The final note on that is that Judge Meldrim in City Court dismissed the case against in part due to the claim of misconduct on the part of the public official, the Sheriff’s Deputy for what he did to me. So here is a citizen of this County who is a Judge, who has determined that the Sheriff has people working for them that don’t know what the Law is. The Judge dismissed that charge against me. Had it been up to the DA and the Sheriff’s Department I would still be in jail. I have reason to be upset and I also have answers to any questions if you have them but I don’t think you should make any determination until you have the all the facts. Chairman Steve thanked Mr. Allen.

Chairman Steve called Sheriff Price to come forward to speak. Sheriff Price thanked everyone and said that the Corrections Department is in the same boat. He needs the support on this Local Law to keep everything running smooth and asks for your support in passing these Local Laws.

Chairman Steve asked three times if there was anyone else that wished to speak in favor of or in opposition of Local Law # 2 and with no one else wishing to speak he closed the Public Hearing on Local Law #2 at 6:19 p.m.

Chairman Steve opened the Public Hearing for Local Law # 3 at 6:20 p.m. The Clerk read the Legal Notice as published for consideration of Adopt Local Law No. 3 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Assistant District Attorneys for Cortland County.

Chairman Steve called Mr. Allen to come forward to speak and thanked him for being respectful. Mr. Allen stated that he would like to object to this Local Law, stating that once again the County has a District Attorney that has knowingly violated the Public Officers Law and has in fact lied to the Legislature when he hired Mr. Garret telling the Legislators that it was okay. Mr. Bardsley interrupted recognizing the Chairman and recommended to the Legislature that they ask Mr. Allen to leave stating that he has proven his intent not to follow the rules that you have clearly set forth. Mr. Allen asked what rules he has violated and has his time stopped? Chairman Steve stated that his time is stopped and that he is done speaking and he is asking him to leave on his own recognizance please. Mr. Allen asked and why that would be? Mr. Allen asked for a vote to be taken on whether anyone feels he has been rude in anyway. Chairman Steve requested that Mr. Allen be removed. Sergeant Helms came forward and identified himself as being a Sergeant with the Cortland County Police Department and asked Mr. Allen to go with him. Mr. Allen asked why he was being removed? Sergeant Helms stated because they just asked you to leave. Sergeant Allen asked was he under arrest? Sergeant Helms told him if he left now he would not be under arrest. Mr. Allen asked what are the consequences if he does not leave? Sergeant Helms said he would be breaking the law. Mr. Allen asked what law? Mr. Allen said he is here to give his public comment. Sergeant Helms said he had been asked to leave therefore he needed to do that. Mr. Allen said he wanted everyone to know that he is leaving under protest and thanked them for helping him.

Chairman Steve asked three times if there was anyone else that wished to speak in favor or in opposition to Local Law # 3 and with on one else wishing to speak he closed the Public Hearing on Local Law # 3 at 6:22 p.m.

Chairman Steve opened the Public Hearing on Local Law # 4 at 6:23 p.m. The Clerk read the Legal Notice as published for consideration of Adopt Local Law No. 4 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Assistant Public Defenders for Cortland County.

Chairman Steve asked three times if anyone wished to speak in favor or in opposition of Local Law # 4 and with no one present wishing to speak he closed the Public Hearing on Local Law # 4 at 6:24 p.m.

Chairman Steve called the meeting to order at 6:27 pm and led the Salute to the Flag.

Chairman Steve requested a Moment of Silence out of respect to Ray Thorpe, the Town of Cortlandville Supervisor for many years.

The Clerk called the roll and all members were recorded as present except Mr. Behrenfeld recorded as absent and Mrs. Breed and Mr. Williams recorded as excused.

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, the minutes of August 18, 2005 were approved as printed.

Chairman Steve recognized October as Disability Employment Awareness Month. Chairman Steve stated that there are many key people that are working hard making our awareness for this population and the successes go numerous. He stated the annual Disability Employment Awareness Dinner will be held on October 6, 2005 for the Employee Achievement Award and the Employer Recognition Award. The Clerk read the proclamation as Chairman Steve presented it to Francis Pizzola representing Access to Independence, Robin Weston representing Employment and Training, and Heather Wineburg representing J. M. Murray Center. Ms. Pizzola thanked the Legislature for this proclamation recognizing Disability Employment Awareness Month. The past three years Access to Independence, The Cortland Works Career and Employment Connection, J M Murray Center and VESID have joined together to increase awareness regarding the need to employ people with disabilities. The goal is to tap the wealth of resources that are out there. There are 54 million people with disabilities and of those 54 million that are of working age, only 30% are able to work due to the lack of awareness and accommodations. She would like to leave everyone with this thought – that America works best when all Americans work – so lets spread the news and all work together for the economy of the United States.

Chairman Steve recognized Cornell Cooperative Extension and National 4-H Week of October 2-8, 2005. Chairman Steve said he believes that everyone within this room has most likely used one aspect or another of Cornell Cooperative Extension regarding the programs that are conducted. The Clerk read the proclamation as Chairman Steve asked Mr. Sandy Sampson, President of the Cornell Cooperative Extension Board of Directors and Mr. Syd McEvoy, Director of Cornell Cooperative Extension to join him. Mr. Sampson thanked the Chairman and the Legislature for this very kind recognition and for your continued support for the programs that we provide within this County.

Chairman Steve before we have Privilege of the Floor he would like to use this time to discuss an item that affects all of us and use this for communication. I will pass out an information packet and we will take a five-minute recess and will reconvene after you have had a chance to look at this document. He distributed a letter with two attachments regarding Sales Tax Collections for 2003 and 2004 and a spread sheet showing 2005 Sales Tax Distribution Information and Projected Sales Tax loses to municipalities if there were to be a reductions in the Sales Tax collected on Residential Energy and Motor Fuel. The Legislature recessed at 6:34 p.m.

The Legislature reconvened at 6:45 p.m. Chairman Steve offered his apologies to the CTV people that are going to be delayed and stated he will make copies of what is being discussed and they will be passed out at the meeting. He asked that people in attendance please don’t panic by any of the statement that may be made. The Legislators have just received these documents and will be discussing them now. Due to the crisis that is going on in the Nation with the fuel and heating he thought he would take this time explain a situation and talk about possible solutions and the municipalities are going to have to be involved in this. He will try to explain that in somewhat of a manner. As you see by my memo to the Legislature, it basically gives you a synopsis of the situation. The Department of Taxation and Finance is somewhat delayed on getting their numbers in because they have to put together reports, validate the numbers and then get them out. The only total numbers we could get were from 2004. It took quite some doing and we just got them today. He explained that on the chart that was passed out the Residential Energy includes electric, propane gas, natural gas, home heating fuel oil, coal and pellets. All tax exempt organizations do not pay into that tax. In 2004 we received $1,572,000. on the residential energy side and $1,760,000. on the motor fuel side. This is a bit of a complex issue but he will try to explain it and then take any questions. Chairman Steve stated with the increased costs of energy and fuel the residents of this County were going to experience major increases in their utility bills and reducing or eliminating the 4% Sales Tax that is collected by the County would be a small way to help relieve some of that burden. He contacted the State and was informed that the County has the option to eliminate Sales Tax by ½% increments up to the full 4% and can do it for a quarter at a time to see the impact. Mr. Schrader provided a chart which is the third page of the packet that states the projected sales tax loss and these are numbers based on the Sales Tax numbers of 2004. On the first page of the memo given out he did an analogy for the City of Cortland to try and show how this would affect them. He has a model resolution written, however feels this is a very complex issue and realizes that there is a lot on information that this Legislature may need to gather. This Legislature has until November 1^st to apply for this change so there is time to investigate and it could be done at the October meeting. If this were done the County would need to apply for a waiver on the 90 day law so it still is probable. Chairman Steve would like to see this happen for the quarter that is coming that is from December 1 to March 1. That would get the influx of fuel time and the economic impact that this, in his belief, can be affordable to the County and the Municipalities based on the sales tax that was received so far this year. Based on what the costs of fuel has gone up so far this year, the numbers that you see before you should also go up. Chairman Steve stated he thinks this action would be appropriate and responsible. Cortland County has the right to remove indefinitely, for a quarter, for a half year, or for an entire year. As you can see this would be a tremendous impact for all the municipalities and he thinks it is very difficult for an annual basis and you would be looking at taking away almost $275,000 just within the City. That could equate to a 6.69% increase on property taxes alone and that is a lot of money, but then you have to do the analysis, which equates to what the heating bill tax would be and see if it would be more on the property tax. He would hope this would be looked at in the Finance Committee and he would encourage all Legislators to attend that meeting to discuss their points of view. He is sure Mr. Behrenfeld would give them privilege of the floor to talk about what their opinions are on this and would take it in writing also. Chairman Steve said that unless any here wish to take further action he recommends that everyone here try to talk to and educate the persons within the municipality that they represent regarding this proposal so they get a better understanding. They will have a chance to decide what will be best for their constituents and what kind of impact they can handle and make a decision. Mrs. Brown would like to recommend that this idea be forwarded to the Budget and Finance Committee for further analysis because this will affect all of the municipalities. She thinks it should be looked at further. Chairman Steve said he wanted to inform the body that he has been in touch with Mr. Spitzer, the Attorney General’s Office, and talked with Mr. Mack about the higher costs on fuel within the Cortland Area. The Statue does allow them to investigate this because the costs of fuel has been going up so fast and they will be looking into this and have already started by checking eighty gas stations within the area. Mr. Elston would like to point out that this is a good example of how focusing on the budget really does help the people of this County and would like to thank Chairman Steve for doing that. Mr. VanDee said that when you see gas stations raising the prices three times within one day with no tankers coming in he would say that is price gouging. Chairman Steve thanked everyone for allowing this to be addressed in this manner.

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, the Letter from Senator Bruno re: Bill S.4951-A signed into law as Chapter 510 of the Laws of 2005 was ordered received and filed.

On motion of Mr. Allen, seconded by Mr. Armstrong and adopted by all members present voting aye, A Recommendation by the Town of Taylor Regarding a State Park was ordered received and filed.

On motion of Mr. Cornell, seconded by Mr. Armstrong and adopted by all members present voting aye, the Year to Date Budget Report – Treasurer’s Office – Balance Sheets July 2004 and July 2005 was ordered received and filed.

On motion of Mr. Cornell, seconded by Mr. McKee and adopted by all members present voting aye, the 2004 Annual Report - Cortland County Community Services Board was ordered received and filed.

On motion of Mr. Cornell, seconded by Mr. VanDee and adopted by all members present voting aye, the 2004-2005 Annual Report and Business Plan - Department of Social Services was ordered received and filed.

Chairman Steve explained that if there were any amendments offered to any of the Local Laws before them, the process would have to start over again because they have to be on the desks in final form for seven days before action.

On motion of Mr. Elston, seconded by Mr. Armstrong and adopted by a two thirds vote with Mr. Allen, Mr. Armstrong, Mrs. Brown, Mr. Cornell, Mr. Dafoe, Dr. DiGiovanni, Mr. Elston, Mr. Hartnett, Mr. McKee, Mr. Ross, Mr. Steger, Mr. Tagliente, Mrs. Tytler, Mr. VanDee, Mr. Willcox, and Mr. Steve voting aye; Mr. Behrenfeld recorded as absent and Mrs. Breed and Mr. Williams recorded as excused, Agenda No. 1 became: Local Law No. 1 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Deputy Sheriff Titles for Cortland County. Dr. DiGiovanni stated for clarification he wants to be sure this applies only to the Deputy Sheriff positions and that the Sheriff and Undersheriff still must be Cortland County residents according to law. Chairman Steve said that is correct and those positions are covered by County Law. Dr. DiGiovanni asked when did this become an issue of deputies working here and not being residents of the county. He said he finds himself having to evaluate this on two levels; one is the practical level – we have people in violation of this law and failure to pass this law would create a very practical difficulty. Then there is the more philosophical question; is it terribly important that these people reside in our County in being able to fulfill their obligation. He feels as if he is being put on the spot to give a lot of weight to the practical because this is a situation that was already here in 2004 when we became Legislators. Chairman Steve stated this was brought to our attention by Mr. Allen and needs to be addressed. Mrs. Brown stated that when the part-time District Attorney was hired in 2004 or 2005 she brought up in the JP committee the residency requirement and she was informed that it was not an issue. This has been brought up before and we have constantly been told this was not an issue. Mr. Elston asked for clarification from Mrs. Brown as to when it was brought up in the JPS committee and if it was in 2004? Mrs. Brown said yes. Mr. Schrader said he would like to address the concerns Dr. DiGiovanni has raised. This issue was addressed back when the current collective bargaining agreement with the Sheriff’s Deputies was negotiated and there was a provision put in that contract that addressed the residency regarding those officers. Mr. Schrader said the comment had been made that we are in violation and he doesn’t know that we are or aren’t. The Legislature by the Taylor Law has the ability to offer restrictions and or provide for an expansion on various bargaining or labor issues with one of them indeed being residency. The question that would have to be challenged in court would be whether at that time the Legislature had the legal authority to change or alter County Law within a bargaining agreement. Mr. Schrader said that regarding this and the other Local Laws, the employees that are in these positions have many years of experience that is beneficial to the County. These Local Laws have been written to make sure that residents of the County of Cortland are considered first. Mr. Schrader is asking for the Legislature to support these. Mr. Elston said he believes that many other counties have adopted similar laws that allow people to be hired outside of this County. He will be supporting these because he feels this is best for the County. Mr. Tagliente said he would also be supporting this however feels this needs to be watched in the future and that Department Heads need to be aware of the Laws and hiring procedures. Dr. DiGiovanni said this is a matter of Legislative oversight and it needs to be acted on now and he will be supporting them.

On motion of Mr. Elston, seconded by Mr. Ross and adopted by a two thirds vote with Mr. Allen, Mr. Armstrong, Mrs. Brown, Mr. Cornell, Mr. Dafoe, Dr. DiGiovanni, Mr. Elston, Mr. Hartnett, Mr. McKee, Mr. Ross, Mr. Steger, Mr. Tagliente, Mrs. Tytler, Mr. VanDee, Mr. Willcox, and Mr. Steve voting aye; Mr. Behrenfeld recorded as absent and Mrs. Breed and Mr. Williams recorded as excused, Agenda No. 2 became: Adopt Local Law No. 2 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Correction Officer Titles for Cortland County

On motion of Mr. Elston, seconded by Dr. DiGiovanni and adopted by a two thirds vote with Mr. Armstrong, Mr. Cornell, Mr. Dafoe, Dr. DiGiovanni, Mr. Elston, Mr. Hartnett, Mr. McKee, Mr. Ross, Mr. Steger, Mr. Tagliente, Mrs. Tytler, Mr. VanDee, Mr. Willcox, and Mr. Steve voting aye; Mr. Allen and Mrs. Brown voting nay, Mr. Behrenfeld recorded as absent and Mrs. Breed and Mr. Williams recorded as excused, Agenda No. 3 became: Adopt Local Law No. 3 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Assistant District Attorneys for Cortland County. Mr. Allen is going to vote no on Local Law # 3 because we don’t presently have anyone in those positions that live outside of the County and he feels that the salary that is associated with positions should allow anyone gaining them the ability to move into the County. Mr. Tagliente said there he doesn’t think there needs to be an issue to address before passing this that this is just preparing for the future. Mr. Hartnett agrees with Mr. Tagliente and thinks this will help us in the future.

On motion of Mr. Elston, seconded by Mr. Cornell and adopted by a two thirds vote with Mr. Allen, Mr. Armstrong, Mr. Cornell, Mr. Dafoe, Dr. DiGiovanni, Mr. Elston, Mr. Hartnett, Mr. McKee, Mr. Ross, Mr. Steger, Mr. Tagliente, Mrs. Tytler, Mr. VanDee, and Mr. Steve voting aye; Mrs. Brown and Mr. Willcox voting nay, Mr. Behrenfeld recorded as absent and Mrs. Breed and Mr. Williams recorded as excused, Agenda No. 4 became: Adopt Local Law No. 4 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Assistant Public Defenders for Cortland County

Mrs. Brown called Point of Order. In accordance with Article III, of the Rules of the Cortland County Legislature this resolution is not in order under the sponsor of the Chairman of the Legislature. Article III states that the Chairman may introduce a resolution on the agenda to the Legislature when content or subject matter does not fall within the jurisdiction of a statutory committee. The subject matter of this resolution is the Office of the Aging, which according to the Rules of the Legislature falls under the oversight of Human Services Committee of which I am chairperson. This resolution is not in order by the Chairman and therefore should not be considered and I am requesting that this resolution be removed. Chairman Steve asked if Mrs. Brown would like to sponsor it? Mrs. Brown said no. Chairman Steve said it was brought up at the committee and discussed as being a solution as well as the Budget and Finance Committee however, he would be willing to pull it and introduce it later. Chairman Steve pulled Agenda Item No. 5: Opposing the Expenditure of Funds

On motion of Dr. DiGiovanni, seconded by and adopted by all members present voting aye, Agenda Item No. 6 became Resolution No. 265-05: Authorize Agreement, Bankruptcy Legal Services, Treasurer’s Office. Mr. Schrader had conversations with other counties at NYSAC and by telephone. He believes this County will be able to utilize procedures that have been developed in those counties as we develop our own and look at our process. He does believe there is a need for some experienced Legal Bankruptcy Services and does not believe they will expend the amount in the resolution. Mr. Willcox asked Mr. Bardsley to speak to this. Mr. Bardsley said his office is strapped and the expertise needed is just not there currently. Dr. DiGiovanni said that when this was brought to the Budget and Finance Committee there was a concern that this area was not being handled in the best possible manner, therefore believes this is a start to the answer to this concern. Mr. Bardsley feels this is what needs to be right now to address the procedures and policies in place. Mrs. Brown asked if this was a one-time expense? Mr. Bardsley said this would be a one-time fee to get them in place. Mrs. Tytler asked if there was a firm in Cortland County that has the expertise to perform this service? Mr. Bardsley said this was done on a solicitation from NYSAC and he feels this is the best way to go now for the present.

On motion of Mr. Ross, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 7 became Resolution No. 266-05: Adopt the Cortland County Purchase of Development Rights Review Criteria, Planning Department Dr. DiGiovanni thanked Planning and the Farmland Protection Board for preparing these to create guidelines for this program to be administered under. It is reassuring that when faced with concerns that this was developed. Mrs. Brown echoed Dr. DiGiovanni’s remarks.

On motion of Mr. Ross, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 8 became Resolution No. 267-05: Adopt the Cortland County Farmland Protection Purchase of Development Rights Program Monitoring Plan and Establish the Cortland County Farmland Protection Purchase of Development Rights Program Monitoring Team, Planning Department

On motion of Mr. Steger, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 9 became Resolution No. 268-05: Create Custodian, Amend Budget, Buildings and Grounds Department. Mrs. Brown asked if this was to cover until the end of this year? Chairman Steve said they want to look at alternative ways to cover this. Dr. DiGiovanni the Health Committee suggested this be done this way to accomplish the work needed to be done now and still be able to look at the whole situation through the budget process.

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 10 became Resolution No. 269-05: Authorize Agreements-Health Department-(Educational Institutions)

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 11 became Resolution No. 270-05: Authorize Agreement-Health Department-(Cortland Memorial Hospital Transfer Agreement)

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No.12 became Resolution No. 271-05: Authorize Agreement-Health Department/Nursing Division- (Preferred Provider Agreements)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 13 became Resolution No. 272-05: Authorize Agreement-Health Department/Nursing (Beacon Resource Group)

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, DiGiovanni was allowed to abstain of Agenda Item No. 14.

On motion of Mr. McKee, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 14 became Resolution No. 273-05: Authorize Agreements/Accept Funds-Health Department/Administration Special Programs (Breast & Cervical Cancer Early Detection Program)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 15 became Resolution No. 274-05: Authorize Agreements/Accept Funds-Health Department (Eat Well Play Hard Grant)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 16 became Resolution No. 275-05: Authorize Agreement-Health Department/ Jacobus Center for Reproductive Health (ZAP)

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 17 became Resolution No. 276-05: Abolish/ Create, Medical Typist/ Medical Services Clerk

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 18 became Resolution No. 277-05: Abolish/ Create, Mental Health Department, Youth Project Director/ Youth Development Services Director

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 19 became Resolution No. 278-05: Authorize Agreement, Amend Lease, Mental Health Department (Buildings and Grounds Department / Joseph Armideo)

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 20 became Resolution No. 279-05: Amend 2005 Budget, Recognizing Insurance Recovery, Highway Department/ Recycling

On motion of Mr. Allen, seconded by Mr. Steger and adopted by a two-thirds vote with all members present voting aye, Agenda Item No. 21 became Resolution No. 280-05: Authorize County Attorney to Proceed with Acquisition of Land Under Eminent Domain Procedure Law, Highway Department

On motion of Mr. Allen Agenda Item No. 22: Authorize Rental Contract, Highway Department was pulled.

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No.23 became Resolution No. 281-05: Amend Budget, Highway Department (Transfer)

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 24 became Resolution No. 282-05: Authorize Agreement, New York State, Page Green Road Reconstruction Phase II P.I.N. – 375350

Mr. Allen pulled Agenda Item No.25: Authorize Contract, Highway Department, Town of Taylor (Snow and Ice – County Roads). Mr. McKee asked if there could be an amendment to the agenda items to increase the amount of payment to the towns because of the increased cost of fuel? Mr. Allen said he will pull the agenda items that authorize those contracts and they will be taken back to committee with adjustments being made to the amounts and then brought back to the Legislature for approval.

Mr. Allen pulled Agenda Item No. 26: Authorize Contract, Highway Department, Town of Homer (Snow and Ice – County Roads).

Mr. Allen pulled Agenda Item No. 27: Authorize Contract, Highway Department, Town of Cincinnatus (now and Ice – County Roads).

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 28 became Resolution No. 283-05: Authorize Extension of State Snow/Ice Control Agreement, Highway Department

On motion of Mr. Elston, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 29 became Resolution No. 284-05: Authorize Agreement, Sheriff’s Department / 911 Center (AAT Communication Systems Corporation)

On motion of Mr. Elston, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 30 became Resolution No. 285-05: Amend Budget, Sheriff’s Department (LETPP FY04)

On motion of Mr. Elston, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No.31 became Resolution No. 286-05: Authorize Agreement/ Accept Funds, Probation Department (New York State Division of Probation and Correctional Alternatives - DPCA)

On motion of Mr. Elston, seconded by Mr. McKee and adopted by all members present voting aye, except Mrs. Brown voting nay, Agenda Item No.32 became Resolution No. 287-05: Amend 2005 Budget, Probation Department

On motion of Mrs. Brown, seconded by Mr. Allen and adopted by all members present voting aye, except Mr. Dafoe, Dr. DiGiovanni Mr. Willcox and voting nay, Agenda Item No. 33 became Resolution No. 288-05: Amend Budget, Area Agency of Aging/ Nutrition (Senior Assistance Program – SNAP)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No.34 became Resolution No. 289-05: Accept Bids / Authorize Purchase, Area Agency on Aging (Miscellaneous Groceries and Frozen Foods)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, except Dr. DiGiovanni and Mr. Willcox voting nay, Agenda Item No. 35 became Resolution No. 290-05: Amend Budget, Area Agency on Aging (Long Term Care Education Information and Outreach Program) Dr. DiGivoanni understands that we are taking money that the State is offering to us but as you look through the resolution and see the expenditures he feels there is a better way to do this. Mrs. Brown does not feel the State would offer this money to support a program if they did not feel it is beneficial to help and to educate people. Chairman Steve shared that his concern is that many programs being provided are not based on outcome performance information and successes and that the programs may not be reaching and serving as many people as they can.

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 36 became Resolution No. 291-05: Amend Budget, Department of Social Services (Transfer)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye Agenda Item No. 37 became Resolution No. 292-05: Authorize Agreement, Employment and Training (Operation of Year Round Youth Programs)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 38 became Resolution No. 293-05: Authorize Execution of the Three-Year Local Plan for Programs Under the Federal Workforce Investment Act, Employment and Training Grant Administration Department

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye Agenda Item No. 39 became Resolution No. 294-05: Accept Grant/ Amend Budget/ Authorize Agreement/ Youth Bureau (Member Item Grant)

On motion of Mr. Elston, seconded by Mr. Cornell Agenda Item No. 40 was moved to the floor. On motion of Mrs. Brown, seconded by Mr. Tagliente and adopted by all members present voting aye, a friendly amendment to add the word temporary in the first Whereas and the first Resolved after (part-time, 17 hours per week) was approved. With all members present voting aye, Agenda Item 40 as amended became Resolution No. 295-05: Create Motor Vehicle Clerk (Part-time)/ Amend Budget, County Clerk

On motion of Mr. Elston, seconded by Dr. DiGiovanni and adopted by all members present voting aye Agenda Item No.41 became Resolution No. 296-05: Authorize Agreement, Information Technology (All-Mode Communications, Inc.)

On motion of Mr. Elston, seconded by Mr. Cornell and adopted by all members present voting aye Agenda Item No. 42 became Resolution No. 297-05: Adopt Procedure Manual for the Cortland County Records Center, County Clerk Mrs. Brown questioned if this resolution should rescind the precious resolution? Chairman Steve said this refers to the previous resolution as being modified and this appears to be okay..

Chairman Steve said that the Legislature now has a new reporter covering and his name is Patrick Duffe and asked everyone to welcome him. He thanked the CTV people that were waiting for their patience. Mr. Elston thanked all the Legislators that attended the NYSAC conference commenting that is a great opportunity for the County to communicate with others.

On motion or Mr. Cornell, seconded by Mr. Allen the meeting was adjourned at 7:50 pm.

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