April 4, Board of Legislators Monday, April 4, Mr. Gray led everyone in prayer, followed by the Pledge of Allegiance.

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1 St. Lawrence County Board Meeting Board of Legislators Monday, April 4, 2005 Board Room 7:00 p.m. Chair Nichols called the meeting to order at 7:03 p.m. ROLL CALL: All Legislators present. Mr. Gray led everyone in prayer, followed by the Pledge of Allegiance. MINUTES: There were no minutes to approve. COMMUNICATIONS: The Deputy Clerk read the following communications: 1. The Jefferson County Department of Planning forwarded a Resolution Opposing the Administration s Proposal to Restructure Federal Community Development Programs Resulting in the Elimination of the Community Development Block Grant (CDBG) Program which was adopted by the North Country HOME Consortium on March 9, The Essex County Board of Supervisors forwarded a Resolution in Support of the Towns in St. Lawrence County Affected by the Proposed Acquisition by the State of New York of Land from International Paper Company. 3. A letter was received from Paul Charleston regarding the CHCEP Program and his efforts to contact local elected officials regarding maintaining funding for this program. 4. All Legislators received a letter from the members of Local 2390 Council 82, representing the Correctional Officers and other staff at the County Jail regarding the deficiencies in the existing jail. CITIZEN PARTICIPATION: Donald Lucas, Massena said he is present regarding the Indian Land Claims issue and has been following it for some time. He urges the Legislators of this County to work under caution that this is going along with NYPA relicensing. He said there are resources to be potentially given away, which are great. Many sportsmen and various others who have enjoyed the islands and think it is a waste of money. He said a study was done, Directions for Change was published. He said he owns Musty Magic tours in Massena and said people hired his colleagues to tour the area as far as Lisbon. He said the potential is incredible for this County to use and he is expressing the opinion of the recreationalists in the area.

2 PRESENTATION OF RESOLUTIONS: April 4, 2005 Finance Committee: RESOLUTION NO AUTHORIZING FILLING OF VACANCIES By Mr. Cook, Chair, Finance Committee WHEREAS, the St. Lawrence County Board of Legislators adopted Resolution No on February 10, 2003, which created a policy for filling of vacancies, and WHEREAS, the vacancies listed below have received the approval of being forwarded to the full Board by the Finance Committee, NOW, THEREFORE, BE IT RESOLVED that the following vacancies are hereby authorized to be filled: Department Title Type Duration of Position Community Services Clerk Mental Health Full-Time Permanent Highway Department Highway Department Motor Equipment Mechanic Full-Time Permanent Motor Equipment Mechanic Full-Time Permanent Public Health Community Health Nurse Full-Time Permanent Public Health Dental Assistant Part-Time Permanent Sheriff Correction Officer Full-Time Temporary Sheriff Correction Officer Part-Time Temporary Sheriff Jail Nurse (3) Part-Time Permanent Social Services Clerk Reception Full-Time Permanent Social Services Child Support Investigator Full-Time Permanent Social Services Social Welfare Examiner Full-Time Permanent

3 Mr. Cook moved to adopt Resolution No , seconded by Ms. Brothers, and carried unanimously by a voice vote. Finance Committee: RESOLUTION NO SELECTING THE PROFESSIONAL SERVICES FIRM TO PREPARE THE ANNUAL INDIRECT COST ALLOCATION REPORT (OMB A-87) FOR ST. LAWRENCE COUNTY By Mr. Cook, Chair, Finance Committee WHEREAS, St. Lawrence County has issued a Request For Proposal (RFP) for the completion of the annual Indirect Cost Allocation Report (OMB A-87) for St. Lawrence County, and WHEREAS, the County Administrator, Treasurer, Deputy Budget Officer, and Director of Governmental Services reviewed each proposal and met with each firm that submitted a proposal, and WHEREAS, the funds budgeted for this expense should be reallocated to supplement reimbursement for this service, Legislators accepts the recommendation that Jack Venesky, CPA & Associates be named as the Professional Service Firm for the Indirect Cost Allocation Report for the years of 2004, 2005, and 2006 at a rate of $9,500 for 2004, $9,500 for 2005, and $9,500 for 2006, and BE IT FURTHER RESOLVED that the Chair be authorized to sign an engagement letter for said services, upon review by the County Attorney and to approve the transfer of funds as listed below: TRANSFER FROM: 01-Bl Board of Legislators Other Fees & Services $7,000 TRANSFER TO: 01-DA A DSS Administration Other Fees & Services $5, PH CHHA Other Fees & Services $ PP Prevent Other Fees & Services $ 750 $7,000

4 Mr. Cook moved to adopt Resolution No , seconded by Mr. FitzRandolph and Ms. Cobb, and carried unanimously by a roll call vote. Finance Committee: RESOLUTION NO SETTING THE ALLOCATION ALGORITHM FOR WORKERS COMPENSATION PLAN PARTICIPANTS FOR 2006, 2007, AND 2008 By Mr. Cook, Chair, Finance Committee WHEREAS, for the past twelve years the St. Lawrence County Workers Compensation Plan has moved to an experience based rating, and WHEREAS, an experienced based rating places more emphasis on safety in the work place, and WHEREAS, Local Law 3 for the Year 1993 requires the apportionment formula be established every three years, NOW, THEREFORE, BE IT RESOLVED that for the years 2006, 2007, and 2008 the allocation ratio will be 70 percent assessment and 30 percent experience and will be applied against the entire workers compensation budget, and BE IT FURTHER RESOLVED that experience will be based on the past three years average new experience and that a cap of $30,000 will be placed on each individual claim that counts towards experience. Mr. Cook moved to adopt Resolution No , seconded by Mr. Romigh, and carried unanimously by a voice vote.

5 Finance Committee: RESOLUTION NO RETAINING THE LAW FIRM OF KIRBY, MCINERNY, & SQUIRE, LLP, TO INSTITUTE LEGAL PROCEEDINGS ON BEHALF OF THE COUNTY OF ST. LAWRENCE TO RECOVER OVERPAYMENTS IN CONNECTION WITH MEDICAID PRESCRIPTION DRUGS PROVIDED TO RESIDENTS OF ST. LAWRENCE COUNTY By Mr. Cook, Chair, Finance Committee WHEREAS, the St. Lawrence County Board of Legislators has been made aware of certain overpayments incurred by St. Lawrence County as a result of a scheme among pharmaceutical companies to artificially inflate the average wholesale price of Medicaid prescription drugs to St. Lawrence County residents, and WHEREAS, this has resulted in a significant overpayment by St. Lawrence County and a significant loss to the taxpayers of St. Lawrence County, and WHEREAS, the St. Lawrence County Board of Legislators heard from the Law Firms of Weitz & Luxenberg and Kirby, McInerny & Squire, LLP, who both made presentations to this Board concerning representing St. Lawrence County in legal proceedings to recover overpayments in connection with Medicaid prescription drugs provided to residents of St. Lawrence County, and WHEREAS, St. Lawrence County would like to retain the Law Firm of Kirby, McInerny & Squire, LLP, to represent it in legal proceedings on behalf of the County to recover overpayments in connection with Medicaid prescription drugs provided to residents of St. Lawrence County, Legislators hereby retains the firm of Kirby, McInerny & Squire, LLP, to represent the County of St. Lawrence to recover overpayments in connection with Medicaid prescription drugs provided to residents of St. Lawrence County, and BE IT FURTHER RESOLVED that the Chair of the Board of the St. Lawrence County Board of Legislators is hereby authorized to sign a retainer agreement with Kirby, McInerny & Squire upon the approval of the County Attorney. Mr. Cook moved to adopt Resolution No , seconded by Mr. Gray, and carried unanimously by a voice vote.

6 Finance Committee: RESOULUTION NO INCREASE IN PRE-K RELATED SERVICES RATES - BOCES By Mr. Cook, Chair, Finance Committee WHEREAS, BOCES has requested an increase in Pre-K related services rates, and WHEREAS, the Legislative Sub-Committee reviewed information submitted by BOCES regarding program and administrative costs related to the provision of services and the requested increase in rates, and WHEREAS, the Legislative Sub-Committee recommends an increase in related services rates for BOCES, NOW, THEREFORE, BE IT RESOLVED that the current rates listed below be revised effective July 1, 2005 as follows: CURRENT RATE: Social Work School Psychologist Physical Therapist Occupational Therapist Speech Therapist Teacher Aide Teacher Assistant $55.00/half hour $55.00/half hour $55.00/half hour $55.00/half hour $55.00/half hour $10.00/half hour $11.00/half hour NEW RATE: Social Work School Psychologist Physical Therapist Occupational Therapist Speech Therapist Teacher Aide Teacher Assistant $60.00/half hour $60.00/half hour $60.00/half hour $60.00/half hour $60.00/half hour $16.00/half hour $16.00/half hour Mr. Cook moved to adopt Resolution No , seconded by Mr. Turbett, and carried unanimously by a voice vote.

7 Finance Committee: RESOLUTION NO APPROVING MASTER FEDERAL AID AND MARCHISELLI AID SUPPLEMENTAL AGREEMENT #1 FOR THE REPLACEMENT OF COUNTY ROUTE 11, ROCK ISLAND ROAD BRIDGE OVER THE OSWEGATCHIE RIVER, BIN , PIN FOR CONSTRUCTION AND CONSTRUCTION INSPECTION By Mr. Cook, Chair, Finance Committee Co-Sponsored by Mr. Lacy, District 5 AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID-ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL-AID ELIGIBLE AND INELIGIBLE PROJECT COSTS, AND APPROPRIATING FUNDS THEREFORE WHEREAS, a project for the Replacement of County Route 11, Rock Island Road Bridge over the Oswegatchie River, PIN (the Project ) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and WHEREAS, the St. Lawrence County Board of Legislators desires to advance the above project by making a commitment of 100% of the federal and non-federal share of the costs of the construction and construction inspection, Legislators, duly convened does hereby approve the above-subject, and BE IT FURTHER RESOLVED that the St. Lawrence County Board of Legislators hereby authorizes the County Treasurer, with County Attorney approval, to pay in the first instance 100% of the federal and non-federal share of the cost of Construction and Construction Inspection work for the Project of portions thereof, and BE IT FURTHER RESOLVED that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the St. Lawrence County Board of Legislators shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED that the Chair of the St. Lawrence County Board of Legislators be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for available Federal and State aid on behalf of the St. Lawrence County Board of Legislators with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project

8 and the municipality s first instance funding of Project costs and permanent funding of the local share of federal-aid eligible projects costs and all project costs with appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER RESOLVED that this resolution shall take effect immediately. Mr. Lacy moved to adopt Resolution No , seconded by Mr. MacKinnon, and carried unanimously by a voice vote. Finance Committee: RESOLUTION NO AUTHORIZING A CONTRACT WITH LOCEY & CAHILL, LLC FOR HEALTH CARE CONSULTING SERVICES By Mr. Cook, Chair, Finance Committee WHEREAS, the Central Services Department has completed a Health Care Consulting Request for Qualifications process which resulted in the submission of three proposals, and WHEREAS, the proposals were reviewed by the Director of Central Services, the Director of Governmental Services, and the County Administrator and an evaluation process was conducted that ranked the responders qualifications, work experience and the cost of services, and WHEREAS, another key factor in the evaluation process was prior work experience in dealing with the provider networks in the upstate area, and WHEREAS, as the result of the evaluation process it was determined that Locey & Cahill, LLC was the successful bidder, and WHEREAS, the County may renew this contract up to four subsequent years at an annual rate of $20,000 and if the County requests that a quality assurance audit be done an additional rate of $10,000 would be required, Legislators does hereby authorize a one-year contract with the option of four subsequent renewals with Locey & Cahill, LLC for health care consulting services.

9 Mr. Cook moved to adopt Resolution No , seconded by Mr. Teele, and carried unanimously by a voice vote. Finance Committee: RESOLUTION NO CREATING AND ABOLISHING POSITIONS WITHIN THE ST. LAWRENCE COUNTY DEPARTMENT OF HIGHWAYS By Mr. Cook, Chair, Finance Committee WHEREAS, the Department of Highways has an vacancy for the position of motor equipment mechanic helper, and WHEREAS, the department has determined it has a demand for a motor equipment mechanic, Legislators hereby authorized to make the following: CREATE: 04-HR Motor Equipment Mechanic, $32,641 Grade 24/B ABOLISH: 04-HR Motor Equipment Mechanic Helper, $27,893 Grade 20/B BE, IT FURTHER RESOLVED that the St. Lawrence County Board of Legislators authorizes the filling the Motor Equipment Mechanic Position. Mr. Cook moved to adopt Resolution No , seconded by Mr. Grow, and carried unanimously by a voice vote.

10 Finance Committee: RESOLUTION NO RESOLUTION URGING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO EXPEDITE THE REMEDIATION OF LIGHTHOUSE POINT IN OGDENSBURG, NEW YORK By Mr. Cook, Chair, Finance Committee Co-Sponsored by Mr. Nichols, District 3 Mr. Teele, District 2 Mr. Wilson, District 1 WHEREAS, the City of Ogdensburg is in receipt of the Remedial Investigation Report of Lighthouse Point in Ogdensburg completed by the Groundwater and Environmental Services, Inc., and WHEREAS, it has been determined by this report that natural attenuation of the petroleum constituents has occurred at the site and is continuing to occur, therefore natural attenuation is an effective remedial option for this site, and WHEREAS, the Ogdensburg Waterfront Redevelopment Action Plan (WRAP) for Lighthouse Point does not provide the timeframe necessary for this type of remediation nor is attenuation an option for this specific site, and WHEREAS, this Plan includes a nautical museum, a private sector development for residential and commercial land use, and recreation of Fort La Presentation, and WHEREAS, the St. Lawrence County Board of Legislators understands that the economic revitalization of a community like Ogdensburg is influential to St. Lawrence County as a whole, Legislators urges the New York State Department of Environmental Conservation to hold the parties that are responsible for the contamination of Lighthouse Point responsible for the appropriate site remediation, and BE IT FURTHER RESOLVED that this remediation be expedited in an effort to assist Ogdensburg with their efforts toward the redevelopment of this valuable asset on the St. Lawrence River, and BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Governor George Pataki, Congressman John McHugh, Senator Hillary Clinton, Senator James Wright, Senator Raymond Meier, Assemblywoman Dierdre Scozzafava, Assemblyman Darrel Aubertine, New York State Department of Environmental Conservation Region 6 Director Sandra LeBarron, and Department of Environmental Conservation Acting Commissioner Denise Sheehan.

11 Mr. Wilson moved to approved Resolution No , seconded by Mr. Teele, and carried unanimously by a voice vote. Finance Committee: RESOLUTION NO AUTHORIZING ST. LAWRENCE COUNTY TO APPLY FOR QUALITY COMMUNITIES GRANT FUNDS By Mr. Cook, Chair, Finance Committee WHEREAS, the Governor and Legislature has provided $1,000,000 in funding for the Quality Communities Grant Program to enhance the opportunities and incentives for innovative community planning and development, and WHEREAS, one priority of the Quality Communities Program is to encourage collaboration among municipalities in addressing common land use and economic development opportunities and, two or more eligible municipalities are encouraged to submit a joint application for inter-municipal proposals, and WHEREAS, recent trends in the housing markets within the Adirondack Park suggest that affordable, available low- and moderate-income housing opportunities (including worker housing) are market segments that are greatly at risk and which may require intervention to stabilize, and WHEREAS, as a region, the Adirondack Park encompasses portions of 12 counties and a strategic, comprehensive and multi-faceted response is likely required to address this expanding and evolving problem, and WHEREAS, a multi-phased approach to developing viable solutions and marketing interventions has been delineated by the Adirondack North Country Housing Forum and multiple public and private funding sources are being pursued to advance this work plan, including participation by the State through the Quality Communities Grant Program, and WHEREAS, Essex County has agreed to sponsor an application to the Quality Communities Grant Program with which St. Lawrence County intends to participate as a coapplicant. Legislators does hereby authorize its participation as a co-applicant with Essex County in the Quality Communities Grant Program.

12 Mr. Cook moved to adopt Resolution No , seconded by Ms. Brothers and Mr. Morrill, and carried unanimously by a voice vote. Finance Committee: RESOLUTION NO RESOLUTION IN SUPPORT OF PRESERVING ADOLESCENT PREGNANCY PREVENTION AND SERVICES FUNDING By Mr. Cook, Chair, Finance Committee WHEREAS, the Jefferson-St. Lawrence Adolescent Pregnancy Prevention Program has reduced the number of teen births in St. Lawrence County from 204 annually at program inception to 138 in 2003, translating into a minimum savings of $1,584,000 in Medicaid reimbursement annually (based on an average yearly cost of $24,000 per mother/child), and WHEREAS, adolescent childbearing and its social and financial consequences remain of grave concern to St. Lawrence County, and WHEREAS, including Adolescent Pregnancy Prevention and Services (APPS) Project Funds in the FFFS Block Grant to Social Services will result in a loss of $50,000 or more annually in pregnancy prevention programming in St. Lawrence County, and WHEREAS, including APPS project funds in the FFFS Block Grant will result in all monies previously received by St. Lawrence County agencies for pregnancy prevention programming being given to Jefferson County, Legislators requests the State Legislature preserve Adolescent Pregnancy Prevention and Services (APPS) project funds as a separate line item in the State Budget, and BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Gouverneur George Pataki, Senator James Wright, Senator Raymond Meier, Assemblywoman Dierdre Scozzafava, and Assemblyman Darrel Aubertine. Mr. Cook moved to adopt Resolution No , seconded by Ms. Cobb, and carried unanimously by a voice vote.

13 Operations Committee: RESOLUTION NO MODIFYING THE 2005 ST. LAWRENCE COUNTY SHERIFF S DEPARTMENT BUDGET FOR THE CRIMINAL DIVISION By Mr. MacKinnon, Chair, Operations Committee WHEREAS, the St. Lawrence County Sheriff s Department is requesting authorization to transfer monies from the Equitable Sharing Reserve to provide resources for upgrading the kitchenette located in the 911 Center, and WHEREAS, this equipment is over ten years old and due to the daily usage by the Emergency Services Department, the New York State Police, and the St. Lawrence County Sheriff s Department it is necessary to replace this equipment, and WHEREAS, this is a recommendation made by the Buildings and Grounds Department because of the need for repairs, and WHEREAS, this will repair and replace all of the non-working equipment located within the kitchen area, NOW, THEREFORE, BE IT RESOLVED that the following transfer of funds is hereby authorized: DECREASE RESERVE: 01-TG Sheriff s Equitable Sharing Reserve $6,000 INCREASE REVENUE: 01-S EQSH Criminal Equitable Sharing Reserve $6,000 INCREASE APPROPRIATIONS: 01-S Other Equipment $5, S Building Supplies 500 $6,000 Mr. MacKinnon moved to Resolution No , seconded by Mr. FitzRandolph and Mr. Cook, and carried unanimously by roll call vote.

14 Operations Committee: RESOLUTION NO PROCLAIMING EARTH DAY IN ST. LAWRENCE COUNTY By Mr. MacKinnon, Chair, Operations Committee WHEREAS, the St. Lawrence County Board of Legislators has traditionally emphasized the preservation and improvement of the quality of the natural and man-made environment within the County, and WHEREAS, the County s Environmental Management Council has, since its inception in 1971, worked to advise the Board of Legislators about, and to foster public understanding of, environmental matters affecting the County, and WHEREAS, the Environmental Management Council has established an annual tradition whereby it has sponsored programs in conjunction with the national observance of Earth Day, and WHEREAS, in conjunction with "Earth Day", April 22, 2005 the Environmental Management Council will encourage public participation in environmentally responsible activities and educational programs, Legislators does hereby designate April 22, 2005 to be Earth Day in St. Lawrence County, and BE IT FURTHER RESOLVED that the St. Lawrence County Board of Legislators does hereby encourage all persons throughout the County to participate in programs and activities, on Earth Day and throughout the year, that promote a stronger economy in conjunction with a healthy environment, and that improve knowledge about the interactions between people and the environment. Mr. MacKinnon moved to adopt Resolution No , seconded by Mr. Grow, and carried unanimously by a voice vote.

15 Operations Committee: RESOLUTION NO PROCLAIMING FAIR HOUSING MONTH IN ST. LAWRENCE COUNTY By Mr. MacKinnon, Chair, Operations Committee Co-Sponsored by Mr. Lacy, District 5 WHEREAS, the St. Lawrence County Board of Legislators wishes to promote fair housing choice for all persons in St. Lawrence County through the provision of educational, outreach and promotional fair housing activities, and WHEREAS, the Board of Legislators created a Fair Housing Task Force in 1991 with the purpose of increasing public awareness of fair housing choice in the County, and WHEREAS, the Fair Housing Task Force has, since its inception, worked to ensure that persons are not denied housing opportunity because of their race, ethnic origin, religion, disability, or the fact that they are a family with children, and WHEREAS, the Fair Housing Task Force has sponsored numerous workshops on a variety of topics, and intends to offer a workshop in April 2005 regarding issues of predatory lending practices and those rights protected by fair housing laws, Legislators does hereby designate April 2005, the 37 th anniversary of the signing of the Fair Housing Act, to be Fair Housing Month in St. Lawrence County, and BE IT FURTHER RESOLVED that the St. Lawrence County Board of Legislators does hereby encourage all persons throughout the County to educate themselves about their right of equal opportunity to live in safe, decent housing of their choice. Mr. MacKinnon moved to adopt Resolution No , seconded by Mr. Lacy and Ms. Brothers, and carried unanimously by a voice vote.

16 Operations Committee: RESOLUTION NO AUTHORIZING A REQUEST BY THE ST. LAWRENCE COUNTY MAPLE PRODUCERS ASSOCIATION FOR USE OF THE H.B. SMITH PARKING LOT By Mr. MacKinnon, Chair, Operations Committee WHEREAS, the St. Lawrence County Maple Producers Association has requested the use of the H.B. Smith Parking Lot for the Maple Festival on May 7 th and 8 th, 2005, and WHEREAS, the Association has agreed to sign an agreement that would hold the County harmless from any and all liability arising from the use of the parking lot, Legislators authorizes the Chair of the Board to sign an agreement with the St. Lawrence County Maple Producers Association for use of the H.B. Smith Parking Lot for the Maple Festival, upon approval by the County Attorney. Mr. MacKinnon moved to adopt Resolution No , seconded by Mr. FitzRandolph, and carried unanimously by a voice vote. Services Committee: RESOLUTION NO AUTHORIZING THE CHAIR TO SIGN A CONTRACT WITH RECREATIONAL ORGANIZATION FOR YOUTH DEVELOPMENT DELINQUENCY PREVENTION (YDDP) PROGRAM FUNDS By Mr. Gray, Chair, Services Committee WHEREAS, New York State, through the Office of Children and Family Services, has made funds available to provide Recreation programs, and WHEREAS, Potsdam Football has submitted an application for Youth Delinquency Development Program (YDDP) State Aid through the County Youth Bureau, and WHEREAS, pursuant to the procedures outlined in Resolution 33-84, the Treasurer s Office is hereby authorized to disburse the following sum to this agency, and

17 NOW, THEREFORE, BE IT RESOLVED that the Chair of the St. Lawrence County Board of Legislators is authorized to sign the Resource Allocation Plan (RAP), upon review and approval of the County Attorney: RECREATION Potsdam Football $2,274 Mr. Gray moved to adopt Resolution No , seconded by Ms. Brothers and Mr. Cook, and carried unanimously by a voice vote. Services Committee: RESOLUTION NO APPROVAL OF BAD DEBT WRITE OFF FOR THE PUBLIC HEALTH DEPARTMENT By Mr. Gray, Chair, Services Committee WHEREAS, in 2004, a Reserve Account for bad debts was established, and WHEREAS, after writing off an indication of the amount due is placed in the client s account in an effort to receive payment should they return as a patient in the future, and WHEREAS, bad debt accounts for Medicare were $17, for 2001, $ for 2003, and $5, for 2004 for a total of $24,107.64; bad debts for Medicaid were $ for 2002; $ for 2003 and $5, for 2004 for a total of $7,268.82; bad debts for Private Insurance were $5,165 for 2001, $15, for 2002, $1,629 for 2003, and $198 for 2004 for a total of $22,544.75; bad debts for Self Pay were $23, for 2001, $16, for 2002, $ for 2003, and $ for 2004 for a total of $41,263.63; the grand total of bad debts for Medicare, Medicaid, Private Insurance and Self Pay for the years being $95,184.84, Legislators authorizes the following write offs: DECREASE CONTRA ASSET ACCOUNT: 01-TG PO-0 T Allowance for Receivables Public Health $95, DECREASE ASSET ACCOUNT: 01-TG PO-0 T PO Accounts Receivable $95,184.84

18 Mr. Gray moved to adopt Resolution No , seconded by Mr. Turbett and Mr. Grow, and carried unanimously by a roll call vote. Services Committee: RESOLUTION NO MODIFYING THE WORKFORCE INVESTMENT ACT BUDGET FOR ST. LAWRENCE COUNTY OFFICE OF ECONOMIC DEVELOPMENT EMPLOYMENT AND TRAINING UNIT By Mr. Gray, Chair, Services Committee WHEREAS, Resolution No established the initial Supplemental Dislocated Worker Budgets for the Office of Economic Development, Employment and Training Unit, and WHEREAS, the New York State Department of Labor has awarded additional supplemental allocations of WIA Statewide Activities Funds, reallocated from other local workforce areas, Legislators does hereby authorize the Treasurer of St. Lawrence County to modify the attached Budgets for the St. Lawrence County Office of Economic Development Employment and Training Unit.

19 MODIFYING THE WORKFORCE INVESTMENT ACT BUDGET FOR ST. LAWRENCE COUNTY OFFICE OF ECONOMIC DEVELOPMENT EMPLOYMENT AND TRAINING UNIT Original Budget Modified Budget Supplemental Dislocated Worker PY 02 $ 78, $117, Administrative Pool PY 02 $222, $226, Total Appropriation $300, $344, Total Revenue $300, $344,225.00

20 ST. LAWRENCE COUNTY EMPLOYMENT AND TRAINING WORKFORCE INVESTMENT ACT - TITLE I SUPPLEMENTAL DISLOCATED WORKER PY 02 Original Modified Budget Budget 70-US DIS Direct Service Worker 8, , US DIS Supervisory/Administration 2, , Personnel 10, , US DIS Mileage US OJ-2-DIS OJT Employer Reimbursement 41, , US TU-2-DIS Tuition/Books/Fees 21, , Sub-Contracts 63, , US DIS Retirement 1, , US DIS Social Security , US DIS Workmen s Compensation US DIS Group Life Insurance US DIS Hospital & Medical Insurance 1, , US DIS Dental Insurance Employee Benefits 4, , Total Title 1 Dislocated Appropriation 78, , Total Title 1 Dislocated Revenue 78, , ADMINSTRATIVE POOL PY 02 Original Modified Budget Budget 70-UG Supervisory/Adm 64, , UG Technical 21, , UG Clerical 84, , Personnel 170, , UG Retirement 1, , UG Social Security 14, , UG Workmen s Compensation 6, , UG Group Life Insurance UG Hospital & Medical Insurance 27, , UG Dental Insurance 1, , Employee Benefits 51, , Total Administrative Pool 222, ,645.00

21 Mr. Gray moved to adopt Resolution No , seconded by Mr. Romigh, and carried unanimously by a roll call vote. RESOLUTION NO APPROVING THE CONTINUATION OF THE GOUVERNEUR SCHOOL PROJECT By Mr. Cook, Chair, Finance Committee Co-Sponsored by Mr. Lacy, District 5 WHEREAS, the Probation Department has been notified that the federal Juvenile Accountability Grant of $11,683 has been cut by the Federal Government, and WHEREAS, this grant has been used to partially fund the Probation Officer Position in the Gouverneur School District, and WHEREAS, we will be able to substitute 65 percent Department of Social Services funding and 21 percent State Aid for these lost Federal Funds, Legislators approves the continuation of the Gouverneur School Project, and BE IT FURTHER RESOLVED that the 2005 Probation Budget be modified as follows: DECREASE REVENUE: 01-Q GSP Q S/A Gouverneur School Project $11,683 INCREASE REVENUE: 01-Q PPS Q LR Probation DSS Preventive Services $ 7, Q Q SA Probation State Aid $ 1,031 $8,631 Mr. Lacy moved to adopt Resolution No and asked to be added as a Co-Sponsor, seconded by Mr. MacKinnon, and carried unanimously by a roll call vote.

22 RESOLUTION NO APPROVING THE CONTINUATION OF THE TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) PROGRAM By Mr. Cook, Chair, Finance Committee WHEREAS, the Probation Department has been notified that its current federal Temporary Assistance to Needy Families (TANF) Grant of $123,000 will expire on April 30, 2005, and WHEREAS, the New York State Division of Probation and Correctional Alternatives will issue a new request for proposal (RFP) for the counties to apply for new funding, and WHEREAS, the RFP will be decided in early summer of 2005, and WHEREAS, the St. Lawrence County Probation Department employs two full-time Probation Officers to operate this program, and WHEREAS, the program would have to be terminated on April 30, 2005 and then be started again August 1, 2005, Legislators authorizes the continuation of this program without interruption, and BE IT FURTHER RESOLVED that this matter will be brought back before the St. Lawrence County Board of Legislators if the grant is not re-funded. Mr. Cook moved to adopt Resolution No , seconded by Mr. Morrill, Mr. Gray, Mr. FitzRandolph, and carried unanimously by a voice vote. Ms. Brothers moved to suspend the rules for the presentation of one resolution, seconded by Mr. Teele, and carried by a voice vote with fourteen (14) yes votes and one (1) no vote (Gray).

23 PRESENTED UNDER SUSPENSION OF THE RULES RESOLUTION NO AUTHORIZING THE CHAIR TO SIGN THE INDIAN LAND CLAIMS SETTLEMENT AGREEMENT AND RESCINDING RESOLUTION NO By Thomas R. Grow, District 13 WHEREAS, the Indian Land Claims Settlement Agreement is being finalized between the State of New York and the three Indian Tribes concerning the litigation against the State of New York, St. Lawrence County, Franklin County and other municipalities, and WHEREAS, the St. Lawrence County Board of Legislators opposed the Indian Land Claims Agreement in Resolution No in its current form at that point (November 2004) but documented that the Board is in favor of reaching a settlement agreement, and WHEREAS, Resolution No committed the Board of Legislators to continue working with the interested parties to address the issues identified in the aforementioned resolution, and WHEREAS, a Special Board Meeting was held on March 23, 2005, which authorized the Chair of the Board of Legislators to sign the Indian Land Claims Agreement with the changes noted in Resolution No , Legislators hereby rescinds Resolution No and authorizes the Chair to sign the Indian Land Claims Settlement Agreement, and BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Governor George Pataki, Congressman John McHugh, Senator Hillary Clinton, Senator Charles Schumer, Senator James Wright, Senator Raymond Meier, Assemblywoman Dierdre Scozzafava, Assemblyman Darrel Aubertine, Secretary of the Interior Gale Norton, and Director of the Bureau of Indian Affairs Bryan Pogue. Mr. Grow moved to adopt Resolution No , seconded by Mr. Romigh. Mr. FitzRandolph said he understands the intent and asked if the Chair has seen an actual copy of the agreement. Chair Nichols asked to speak to that without leaving the chair. He said Mr. Maginn reviewed it and he spoke with Ms. Sayles who received a letter from Greg Allen in the Governor s Office. Mr. Nichols read the letter into the record, Dear Ms. Sayles, Notwithstanding the provisions of Section II (D) (2) of the above referenced Agreement (Agreement of Settlement and Compromise to Resolve the Akwesasne Mohawk Title and Trespass Claims With Respect to Land Situated in the State of New York), this letter is to confirm that the Governor s Program Bill Number 6R (as proposed in legislative bill numbers S.2364-A and A.5159-A) shall be amended as follows: Page 8 Line 28 Strike out two and

24 insert four, Line 29 Strike out five hundred thousand, If you have any questions regarding this matter, please call me, very truly yours, Gregory J. Allen, Senior Assistant Counsel to the Governor and clarified the changes. He said he asked Mr. Maginn and Ms. Sayles to make the agreement as strong as possible on the County s part. He explained the process in place for receipt of the four million dollars. He said there is no guarantee of it, if the casinos were to close, would the four million continue to be received. Mr. Nichols yielded to Mr. Maginn. Mr. Maginn said he could not give much detail because he does not represent the County on this matter, Ms. Sayles would be more effective. He explained the basics including tuition and other monetary payments, etc. He said he has not seen both for the Assembly and Senate, only the Assembly Bill 5159A. He said we are in the best position by signing, rather than not. Mr. FitzRandolph asked if the agreement contains the language of the bill or short statement of the bill. Mr. Maginn said it does contain language but not complete. It only includes counties already included and does not include the other nations beyond the St. Regis Mohawks. Mr. FitzRandolph said so, we are agreeing to it. Mr. Maginn said this provides the standing, which may precipitate any future litigation. Mr. FitzRandolph said that was his concern, he does not want to wholeheartedly agree with legislation we have not seen in complete format. Mr. Nichols explained that we cannot amend, only the Governor s Office can do that if signature is suggested, that is the reason for rescinding the Resolution No Mr. FitzRandolph said is that true of all legislation out of the Governor s Office, it can only be amended by the originator of the legislation. Mr. Nichols said so the attorney has told him and elected officials, that it is true. Mr. FitzRandolph said truly the State Budget would be an example and it comes from the Governor s Office alone and is amended numerous times. Mr. Maginn said he is a lot more comfortable with this agreement than the Board seems to be. Mr. FitzRandolph said it is not about him being comfortable, but happier about language being included in the agreement instead of a reference to an agreement. Mr. Gray said a question then a comment, his question is about the receipt of money in 2008 as opposed to all (four) other counties involved. They are receiving one year after the opening of the casino. Mr. Nichols said if money comes in prior to that, we might perhaps receive money in Mr. Gray said last week he spoke strongly against this and in the passed week only confirmed it by speaking with his constituents. He said the Governor s Office could amend agreement to tack on an extra two million dollars but not the guarantee. He said the property mentioned in the public commentary is his concern too. He thinks Brasher is grossly overcompensated and there are hosts of other issues. He said the idea that not signing this would give up our standing is incredible. He doesn t think they can stiff us out of the money just because we disagree with certain aspects of the agreement. He said the State of New York pays for both sides of the litigation and he wonders where the loyalties lie. He said he thinks it is suspect that we could not even get a copy ( , faxed, snail mail, etc.) or be obtained by our attorneys. He said we have opposed land being taken by the State of New York from our citizens. He said the islands are some of the most prime property in the Towns of Massena and Louisville. Mr. Romigh asked Mr. Maginn if the Supreme Court ruling for Sherrill would impact the property of St. Lawrence County and Franklin County. Mr. Maginn said the theories are different for the ruling; the only way would be a federal statute. He said under this agreement, it is where everyone agrees that after they purchase they will no longer pay taxes. In Sherrill, the property was outside the reservation and they took too long to object to taxes on the property.

25 Mr. Romigh said to Mr. Lucas he understands concern but Long Sault and Croil Islands were lost fifty years ago to the NYPA deal. They were not offered back to the towns, the rightful owners but the concerns are well founded and concerns have been mentioned in these chambers. Mr. Wilson said anyone who bets takes into account the odds of winning versus losing. He agrees with Mr. Gray on many points, but thinks that we are no worse off by this agreement because we could end up with nothing. He said he knows that we will get four million dollars and prior to this, we were getting nothing so by just calling the bet we get four million dollars. He said the cost of losing is too great and it would be nice if NYPA had done things differently but that was not an option. He said NYPA always used the Indian card or the environmental issue. He said we had a lot more to do with that agreement than ever with this. He does not know how we could oppose this and truly he does not think we can really oppose this. There is a reason the State attorneys are representing the County as well as they are representing the State. He said if he thought that we could squeal more and somehow get somewhere, then he would oppose and we would potentially throw the four million out the window. This gives us standing, at least we are getting options for the future. He agrees these islands should have gone back to the towns. He said we are small potatoes and we have no right to interject our opinions any further than we already have. He said we were getting nothing and now we are getting four million dollars. Mr. Gray said there was a comment when he was in Albany last week, when the decision came down on the issue of Sherrill. He said it is a general consensus that it will be a precedent for all legislation and claims by natives. He said we are not actually getting four million, let s be honest, we are getting approximately $300,000, which will be eaten up in a very short amount of time and a few Medicaid payments. He said if we agree with this and pass this resolution we are telling our elected officials that we agree with it. He said there is nothing for them to hang their hat on if they also oppose. He said we are saying that we agree and give them no reason to oppose it on their level. He said by letting them know that we are opposed to this, it holds them responsible for how they vote. He said we do not have veto power, but we can send a message. Ms. Cobb said a couple questions, last week we were told that our elected (Senator Meier and Senator Little) supported us signing the agreement. Mr. Nichols said that is not wrong, this will allow us to sit at the negotiating table for any future discussion. Ms. Cobb said have they said one way or the other if they support us signing the Indian Land Claims Settlement Agreement. Mr. Nichols said Senator Meier said New York State could send a letter stating the requested change in the Bill and the State Legislation determines what the State will be paying. Ms. Cobb said so, it is interesting that we are being asked to sign, but we do not know if they support it themselves. Mr. Nichols said that is not the question he was posed by this Board to ask. Ms. Cobb said so at worst we are keeping our standing in this issue by signing this. Mr. Nichols said he has been told that we would not be able to make a request if there were ever a dispute if we did not sign. Ms. Brothers asked aside from the four million dollars, would the State be responsible for the tax dollars. Mr. Nichols said yes. Mr. Gray said because we don t own the islands, we get no tax money from the islands anyhow. Ms. Brothers said but we do not now, so we won t lose anything. She said so if the islands were withdrawn by the NYPA, it would not change the number we would receive in terms of dollars. She said we are held harmless. We will get

26 money every year the casinos are successful. We have not been offered the islands by NYPA, so it does not apply to whether we should sign or not. There is no sense holding up the vote for islands we do not own. Mr. Moore said he does not see tying the casinos to the land claims; it should be from New York State alone. He said he would not do it if it was his business and he will not vote for it here. Mr. Turbett said he missed a meeting, so he would like explanation on the funding. Mr. Nichols said to begin with it was ten million dollars total between St. Lawrence County and Franklin County over five years to split between the municipalities. He said now, it is four million dollars a year for perpetuity. It would be split 65 percent to Franklin County and 35 percent to St. Lawrence County. That 35 percent, which is $1.4 million dollars would be split further between the affected Towns and the County to suggest $300,000 for St. Lawrence County. Mr. Turbett said he is very uncomfortable with this and is inexperienced. Mr. Wilson said he said he thinks it is about casinos. Jan Farr has been working on this for how long. Mr. Maginn said since He said he thinks maybe we should wait and we will be dependent on the State, so he is going to take the four million dollars and run. Chair Nichols and Mr. Gray requested a roll call vote. Resolution No carried by a roll call vote with ten (10) yes votes and five (5) no votes (FitzRandolph, Gray, Moore, Morrill, and Turbett). COUNTY ADMINISTRATOR S REPORT Mr. Dashnaw was present for Mr. Brining. He said there has been a change in the transportation portion of the New York State Budget, CHIPS increase of $6 million and the $20 million reported is five years. He said CHCEP was eliminated and for Medicaid a cap limited in 2006, 2007, and He said more updates would be provided as they become available. Ms. Cobb asked regarding CHIPs to the County and then to the towns. Mr. Dashnaw said both would receive for example $2.5 million and therefore towns $90,000 relative to one another. Mr. MacKinnon asked regarding the Adolescent Pregnancy Funding. Mr. Davis said the FFFS Block Grant was negotiated and is not sure where that falls. If it falls into the block grant, Jefferson County will get it, but if it is broken down it will go to the specific program. Mr. Turbett asked about the Medicaid cap put in place with certain conditions for cuts and gave an example, Family Health Plus. Mr. Davis said the Governor threatened to veto and they are negotiating this week. Mr. Cook moved to go into executive session at 8:02 p.m. to discuss appointments, seconded by Mr. Turbett, and carried unanimously by a voice vote. Mr. Cook moved to go into open session at 8:45 p.m., seconded by Mr. Wilson, and carried unanimously by a voice vote.

27 APPOINTMENTS Mr. Morrill moved to appoint the following individuals to the Office for the Aging Advisory Council, seconded by Ms. Brothers, and carried unanimously by a voice vote. (Term expires December 31, 2005) Florence Patterson, 600 Smith Road, Brasher Falls, NY Beverly Tedla, 28 Munson Street, Midtown Apt. 515, Potsdam, NY Mr. Morrill moved to reappoint the following individuals to the St. Lawrence County Traffic Safety Board, seconded by Ms. Brothers, and carried unanimously by a voice vote. Captain David Chauvin, NY State Police, 49 1/2 Court Street, Canton, NY (Term expires 3/31/2007) William Dashnaw, 44 Park Street, Canton, NY (Term expires 2/28/2007) Michele James, Spec Programs Coordinator, 80 SH 310, Canton, NY (Term expires 2/28/2007) CHAIR S APPOINTMENTS Chair Nichols made the following appointments: Jerry Richards to the Alternatives to Incarceration Board and term coincides with term on bench. Alex MacKinnon to replace Steve Teele on the Open Space Committee with Legislator Teele s resignation. OLD/NEW BUSINESS: Mr. Gray said for the benefit of the media that this discussion should take place in open session. Many Legislators were objected to the fact that representatives from the State of New York are in the County Administrator s Office with the Indian Land Claims Settlement Agreement Document to be signed. Mr. Gray said comments referenced in testimony given in Malone mentioned by Mr. Grow stated that casinos and land claims were completely separate issues. He wonders why they are so inextricably linked if that is true. Mr. Gray said Mr. MacKinnon said the State is going on anyway and it is an issue. Finally he said we are already written into the legislation and since they told us that we are already in the legislation, they would have to take it off the floor for amendment (to remove St. Lawrence County from the bill) which means they could in fact change the bill, as they told us they could not. Mr. Wilson moved to reconsider the vote on Resolution No regarding signing the Indian Land Claims Settlement Agreement, seconded by Ms. Cobb. He said much of his motivation is based on this being a bet and he said with them here in the County Administrator s Office, he would change his vote. The Board should have known the Chair knew during the decision-making. That is reason for the opportunity to reconsider.

28 Mr. Grow said a week ago, we gave an indication to the Chair of roughly ten to two that we would sign the agreement and he does not think we will gain anything by not signing the agreement. He said in discussions with our attorneys indicated that we would sign and so they sent people here. He said there is nothing ulterior about it and will not gain anything by not signing. Chair Nichols requested the floor and that Vice-Chair Grow take over the meeting. Mr. Nichols said he was given direction by this Board to move forward with the intent to sign the Indian Land Claims with a ten to two straw poll not binding to sign off. He said he told Greg Allen that he came at his own risk because the Board had not voted yet. He said he received a call from a 518 area code number asking for directions and said he did not know where the person was or when they would get here. He said they chose to go ahead and at no time has he has intentionally mislead this Board as he has issues with this agreement as well. He said we are trying to do the best we can for this County. He said he would like to make some other changes but he does not think they can be done. He said he has nothing to gain by passing this agreement. He said when Ms. Abernethy informed him that the gentleman arrived and the fact that he knew and did not share, he apologizes. He said if criticism is that he tried to dup this Board, it is unfounded. He said it was not his intention and it will not happen again. Ms. Cobb said a few things; she said that she is very angry and frustrated and not so much that she might have voted differently but that she did not have all the information. As someone who deliberates with all information and if she hears discussion clearly, there are things that do not match up. Ms. Cobb said Chair Nichols said he received a call asking how to get here and the fact that they did not know when this happened. Also, Chair indicated other people heard this information, so perhaps they did know that you had spoken with someone. All the information was not shared and that is the most important thing that has happened tonight, as Chair of the Board information was not shared. The other thing is, whether or not we have standing and if she hears correctly, our name is in the legislation and we will receive four million dollars, if there is a breach of the agreement there would be a way to rectify the situation. If our support is that crucial, that is more than was conveyed. She said she would like to see a settlement and she thinks we all should have the same amount of information. Without that, we all do a disservice. Mr. Gray said he respectfully disagrees with the Chair and the Vice Chair, if there were substantial changes and those did not take place that would nullify the decision. Mr. Wilson point of order, the Chair is not to enter debate with the body. Chair said if so, call him out of order consistently. Mr. FitzRandolph asked for the parliamentarian and asked where is he. Ms. Brothers said a straw poll was to taken off those considerations and going forward and it was discussed to take and/or go down to Albany. She said she shares the feelings on having people in the County Administrator s Office and certain people being aware of it. It will not change her vote. Part of the issue is not that someone is here, but that information was withheld. In any event, at no point such an incident occur again and this will be attributed to the lack of experience as a Chairperson. She said we all need to be kept informed regardless. She will not change her vote on this resolution but political good will is being done to do what will be good for the County. She said we will gain money not lose money, so that is good for the County.