Cortland County Legislative Session

February 19, 2004

6:00 pm

Approved as Corrected

Chairman Steve called the meeting to order at 6:05 pm and led the Salute to the Flag.

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

On motion of Mr. Cornell, seconded by Dr. DiGiovanni and adopted by all members present voting aye, the minutes of the January 29, 2004, session were approved as printed.

Privilege of the Floor:

Chairman Steve granted privilege of the floor to Assemblywoman Barbara Lifton and thanked her for accepting his invitation to address the Legislature. Assemblywoman Lifton spoke about Medicaid takeover as one of the major financial issues facing all counties. Mrs. Lifton encouraged counties to lobby strong for relief by the State. Mrs. Lifton supports reform that does not jeopardize services to children or the elderly. Mrs. Lifton believes reform needs to cover pharmaceuticals and supports a preferred drug bill that would relieve financial burdens. Mrs. Lifton feels the $24 million dollar package being sponsored by Governor Pataki is not enough. Mrs. Lifton passed out a handout from Mr. Gottfried, Chair of New York State Assembly Committee on Health, regarding proposed health care funding for 2004. Chairman Steve recognized Assemblywoman Lifton’s effort for the member item grants being received in two of the resolutions being sponsored on the agenda. Chairman Steve then opened the floor for questions. Dr. DiGiovanni commented that he would like to see costs shifted to the State level, however was just as concerned about cost containments within the program and questioned if there would be true relief or just tax burden shifts from local to state taxes. Mrs. Lifton responded that for every dollar spent by New York State, a dollar is pulled down from the Federal government which is an advantage for all. Mrs. Lifton questions how the need for good health care can be dealt with in a fiscally responsible way. Mrs. Lifton favors moving the burden to fund Medicaid to the State level because of a broader tax base. Mrs. Breed said she was impressed by the bill being sponsored by the Assembly and would like Mrs. Lifton to push for its adoption. Mr. Behrenfeld asked about a Senate Bill dealing with budget reform and if the Assembly supports the idea of a default budget, possibly defaulting to the Comptroller’s Budget if a State Budget is not passed on time. Mrs. Lifton said the only budget put forward is the Governor’s budget and a default budget would not deal with reforms. Mrs. Lifton commented that conference committees have been set up in both the Assembly and Senate and are meeting to work on budget ideas. Mrs. Tytler thanked Mrs. Lifton for coming and asked about the Child Health and Family Health Plus Programs and their status. Mrs. Tytler asked if these programs would be subject to the overall 5% decrease in funding being proposed. Mrs. Lifton said she believes the 5% is specific to certain areas and she was against any reduction that would hinder health care to the vulnerable population of New York State. Dr. DiGiovanni asked about her thoughts on the proposed gross receipts tax on hospitals and health care facilities. Mrs. Lifton referred to the tax as a Sick Tax and was opposed to any undue burdens being placed on providers of health services. She stated that Medicaid payments to these facilities were being cut and now to add a tax burden would be unwise. She stated the Assembly is opposed to this tax. Assemblywoman Lifton thanked the Legislature for the opportunity to speak to them.

Proclamation:

Chairman Steve recognized the Cortland Rotary Club and the Cortland Breakfast Rotary Club by proclaiming March 2004 as Rotary Awareness Month in Cortland County. Chairman Steve said he had attended a breakfast meeting recently and spoke with an exchange student and was very impressed with the program. The Clerk read the proclamation which Chairman Steve presented to Judith Riehlman, President of Cortland Rotary Club and Matthew Banazek, President of Cortland Breakfast Rotary Club. Mr. Banazek thanked the Legislature and expressed his gratitude for being included on the agenda. Mr. Banazek stated he was extremely pleased for the clubs recognition for their efforts on behalf of the community. Mrs. Riehlman also thanked the body and thanked the community for all its help and support in being able to raise over $118,000. Mrs. Riehlman also spoke on the significance of the fight against polio eradication and the success of the efforts in being able to eliminate polio in all but five countries. Mrs. Riehlman hopes with the continued support of other agencies, the goal for eradication of polio in those five countries will also be accomplished by 2005.

Receive and Files:

On motion of Mr. Cornell, seconded by Mr. Steger and adopted by all members present voting aye, the Revised Standing Committees List was ordered received and filed.

On motion of Mr. Cornell, seconded by Mr. Allen and adopted by all members present voting aye, the report by the Republican Caucus, Designation of Cortland Standard as Official Newspaper, was ordered received and filed.

On motion of Mr. Cornell, seconded by Mr. McKee and adopted by all members present voting aye, except Mrs. Brown voting nay, the report by the Democratic Caucus, Designation of Cortland Standard as Official Newspaper, was ordered received and filed.

Reports:

On motion of Mr. Cornell, seconded by Mr. Steger and adopted by all members present voting aye, Dog License Report for 2003 Treasurer’s Office, was ordered received and filed.

On motion of Mr. Allen, seconded by Mr. Tagliente and adopted by all members present voting aye, Revenue Collection Report for 2003 – Real Property Tax Office, was ordered received and filed.

On motion of Mr. Cornell, seconded by Mrs. Breed and adopted by all member present voting aye, Sales Tax Distribution Report for 2003 – Treasurer’s Office, was ordered received and filed.

On motion of Mr. Allen, seconded by Mrs. Breed and adopted by all members present voting aye, Occupancy Tax Report – County Auditor, was ordered received and filed.

On motion of Mrs. Brown, seconded by Mr. Tagliente and adopted by all members present voting aye, Annual Report for 2003 – Cortland County Clerk’s Office, was ordered received and filed.

Article Postponed to Day Certain:

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and failed by all members present voting aye, except Mr. Allen, Mr. Behrenfeld, Mrs. Breed, Dr. DiGiovanni, Mr. Elston, Mr. McKee, Mr. Ross, Mr. Willcox, Ms. Wyant and Mr. Steve voting nay, Agenda item No. 10 became Resolution No. 48-04: Approval to Fill, Health Department, Speech Language Pathologist. Kathy Feuerherm was asked to answer questions regarding the need for this position. Dr. DiGiovanni asked if the position failed could the services needed be provided. Mrs. Feuerherm responded that all the services could not be provided. Mrs. Brown commented that at one point she was not in favor of this, however after reviewing all the justification material, would vote for the position. Mrs. Tytler asked how filling a position would better serve the children than an independent contract. Mrs. Feuerherm stated that by filling a position, more children could be served because of scheduling and cost containment. Mrs. Feuerherm stated the rate for service was $68 and serving children within the city was more cost effective than in the rural areas. Mrs. Tytler asked if filling the position meant more rural children would be served. Mrs. Feuerherm answered that was the case. Mrs. Breed asked if the independent contractors have been serving the needs in the whole county. Mrs. Feuerherm commented they had, however what has been working is being changed because of State regulations regarding independent contractors and the requirements that need to be met by them are hindering persons from wanting to continue working as independent contractors. She commented it was getting much harder in New York State. Mr. Steve asked about a comment Mrs. Feuerherm had made on financial implications of serving children within the City of Cortland or in rural areas. Mrs. Feuerherm cleared up the question by saying that children are served in the order they are put onto the list and that her statement was as an administrator about the costs associated with different areas being served, not the way the program is administered. Mr. Allen asked about writing more stringent contracts for providers. Mrs. Feuerherm said the contracts are already written very stringently. Mr. Wern asked could the County contract with Speech Pathologists employed within the school districts. Mrs. Feuerherm said she would love to do this and is working on a contract with Cincinnatus School, however, not all schools districts have the position. Mrs. Tytler noted that many school Speech Pathologists only have a Bachelor’s Degree and are not licensed. Mrs. Feurerhem stated that to be independent contractors for the County a Master’s Degree is needed and to be licensed. Dr. DiGiovanni asked if the position is relative to supply and demand, why Mrs. Feurerhem thinks the position could be filled at the low end of the salary. Mrs. Feuerherm stated the County recruits from Ithaca College and uses students in an intern program. Dr. DiGiovanni asked about the increased numbers for services. Mrs. Feurerhem mentioned a change in family structure along with this being an entitlement and the finders in the community sending more referrals for services. Mr. McKee asked what percent the number of 186 children being served represents for children in the community. Mrs. Feurerhem referred to the birth numbers being around 150 each year and the figure may be about 7% or 8% of the population. Chairman Steve called the question stating this had been through two committees already.

Resolutions:

 

On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 11 became Resolution No. 49-04: Appoint Members, CAPCO Board of Directors

On motion of Mr. Steve, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 12 became Resolution No. 50-04: Appoint Member, Fire Advisory Board

On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 13 became Resolution No. 51-04: Appoint Members, Empire Zone Administrative Board

On motion of Mr. Steve, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 14 became Resolution No. 52-04: Accept Grant/ Amend Budget, Youth Bureau (Member Item Grant)

On motion of Mr. Steve, seconded by Mr. Ross and adopted by all members present voting aye, Agenda item No. 15 became Resolution No. 53-04: Authorize Grant Application, Sheriff’s Department/ 911 Center (Enhanced Wireless 911)

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 16 became Resolution No. 54-04: Authorize Treasurer to Accept Delinquent Tax Payments

On motion of Mr. Behrenfeld, seconded by Mr. Wern and adopted by all members present voting aye, Agenda item No. 17 became Resolution No. 55-04: Delegating Authority to the County Auditor to Approve Certain Corrections of Errors on Tax Rolls and Certain Real Property Tax Refunds

On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda item No. 18 became Resolution No. 56-04: Authorize Payment, Treasurer’s Office (Surplus Sales Tax)

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 19 became Resolution No. 57-04: Authorize the Execution of a Supplemental Agreement Between the Dormitory Authority of the State of New York and Cortland County. Chairman Steve stated that he had already signed this document because it was time sensitive.

On motion of Mr. Behrenfeld, seconded by Mr. Allen and adopted by all members present voting aye, Agenda item No. 20 became Resolution No. 58-04: Authorize Sale of Surplus Property, Town of Cortlandville

On motion of Mr. Ross, seconded by Mr. Steger and adopted by all members present voting aye, Agenda item No. 21 became Resolution No. 59-04: Amend Grant Agreement, Planning Department (Local Government Records Management Improvement Fund)

On motion of Mr. Ross, seconded by Mr. Allen and adopted by all members present voting aye, Agenda item No. 22 became Resolution No. 60-04: Amend Budget, Planning Department (Local Government Records Management Improvement Fund)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 23 became Resolution No. 61-04: Amend Budget, Health Department (Grant Rollovers from 2003 Budget to 2004 Budget)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 24 became Resolution No. 62-04: Authorize Agreement/ Amend Budget/ Increase Hours (temporary), Mental Health Department (Coordinated Children Services Initiative) Chairman Steve commented that this was made possible by Assemblywoman Lifton and expressed the Legislatures gratitude.

On motion of Mr. Allen, seconded by Mr. Elston and adopted by all members present voting aye, Agenda item No. 25 became Resolution No. 63-04: Authorize Supplemental Agreement, Highway Department, Preliminary Engineering

On motion of Mr. Allen, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 26 became Resolution No. 64-04: Authorize Increase Rental Fees of T-Hangars/ Airport

On motion of Mr. Allen, seconded by Mr. Ross and adopted by all members present voting aye, Agenda item No. 27 became Resolution No. 65-04: Authorize Agreement, T-Hangar Improvement/ Airport

On motion of Mrs. Brown, seconded by Mr. Behrenfeld and adopted by all members present voting aye, Agenda item No. 28 became Resolution No. 66-04: Amend 2004 Budget, Department of Social Services (TANF Services Block Grant)

On motion of Mrs. Brown, seconded by Mr. Behrenfeld and adopted by all members present voting aye, Agenda item No. 29 became Resolution No. 67-04: Amend 2004 Budget, Department of Social Services (Foster Care Program)

 

On motion of Mrs. Brown, seconded by Mr. Wern and adopted by all members present voting aye, Agenda item No. 30 became Resolution No. 68-04: Amend Budget, Department of Social Services (Transfer)

 

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 31 became Resolution No. 69-04: Amend 2004 Budget, Department of Social Services (Community Solutions for Transportation)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 32 became Resolution No. 70-04: Authorize Agreement/ Host Agency for Experience Works Program Participants, Cortland County Employment & Training

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 33 became Resolution No. 71-04: Authorize Agreement, Area Agency on Aging (State Long Term Care Ombudsman Program)

 

On motion of Mr. Wern, seconded by Mr. Allen and adopted by all members present voting aye, Agenda item No. 34 became Resolution No. 72-04: Accept Grant, Sheriff’s Department

 

On Motion of Mr. Wern, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda item No. 35 became Resolution No. 73-04: Authorize Agreement, Sheriff’s Department (Creative Information Systems Co.)

 

On motion of Mrs. Breed, seconded by Mr. Willcox and adopted by all members present voting aye, Agenda item No. 36 became Resolution No. 74-04: Revising Self Insurance Rates for the Cortland County Government Employee’s Health Benefits Program

On motion of Mrs. Breed, seconded by Mr. Ross and adopted by all members present voting aye, Agenda item No. 37 became Resolution No. 75-04: Authorize Agreement, County Clerk’s Office (Info Quick Solutions, Inc. Record Book Preservation Services)

On motion of Mrs. Breed, seconded by Mr. Allen and adopted by a two-thirds roll call vote all members present voting aye, Agenda item No. 38 became Resolution No. 76-04: Rescind Resolution No 491-00 and 492-00 of 2000 (Adopt Cortland County E-mail Use Policy/Adopt Cortland County Acceptable Use Policy) and Adopt Cortland County Electronic Communication Systems Use Policy

 

On motion of Mr. Allen, seconded by Mr. Cornell and adopted with a two-thirds roll call vote all members present voting aye, Special Article No. 01 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. 01 became Resolution No. 77-04: Authorize Agreement (Employee Health Benefits Plan)

Announcements:

Chairman Steve announced the CTVC group will meet directly following session in Room 304. Chairs will be notified within the next week regarding a Committee Chairs meeting. There are two sign up sheets for Legislators - one for new Legislators to attend an orientation at TC3 and one for a Sports Council breakfast at SUNY Cortland. Chairman Steve encouraged Legislators to attend as many events in the community as possible. Chairman Steve announced that Virgil School had received an award. Mr. Allen informed the body that Chairman Steve was eating pancakes at the Maple Festival and there was a sponsor sheet to sign up to support his efforts.

Adjournment:

On motion of Mr. Wern, seconded by Mr. Cornell all members present voting aye, the meeting was adjourned at 7:07 pm.

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