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

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

On motion of Mr. Armstrong, seconded by Mr. Cornell and adopted by all members present voting aye, the minutes of November 18, 2004, 2^nd day of Annual Session were approved as printed.

Chairman Steve requested a moment of silence honoring former Legislator Robert Bayes noting he served as a Legislator representing Virgil from 1970-1979, and as Chairman of the Legislature from 1976-1979. Mr. Elston extended his appreciation for Mr. Bayes service to the public.

On motion of Mr. Cornell, seconded by Dr. DiGiovanni and adopted by all members present voting aye, the Budget Report from Budget and Finance Committee was ordered received and filed.

On motion of Mrs. Breed, seconded by Mr. Armstrong and adopted by all members present voting aye, the 2004 Annual Report from Cornell Cooperative Extension was ordered received and filed.

On motion of Mrs. Brown, seconded by Mr. Tagliente and adopted by all members present voting aye, the Town General and Highway Taxes Report was ordered received and filed.

On motion of Mr. Cornell, seconded by Mrs. Breed and adopted by all members present voting aye, Town Special District Taxes Report was ordered received and field.

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, the Amount of Unpaid Village Taxes Chargeable for the Year 2004 Report from Treasurer’s Office was ordered received and filed.

On motion of Mr. Cornell, seconded by Mrs. Breed and adopted by all members present voting aye, the Amount of Unpaid School Taxes (by Towns) Chargeable for the Year 2004 Report from Treasurer’s Office was ordered received and filed.

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, the Amount of Unpaid School Taxes (by School District) Chargeable for the Year 2004 Report from Treasurer’s Office was ordered received and filed.

On motion of Mr. Cornell, seconded by Mr. Elston a letter to the members of the Legislature regarding the Recommendation of Appointment of Highway Superintendent from Chairman Steve and a letter to the members of the Legislature Recommending the Appointment of Donald Chambers as Highway Superintendent from Mr. Schrader, County Administrator, was ordered received and filed.

Chairman Steve requested that Agenda Item No. 23 be moved to the beginning of the Agenda.

On motion of Mr. Ross, seconded by Dr. DiGiovanni and adopted by all members present voting aye except Mr. Cornell and Mr. Ross, Agenda Item No. 23 became Resolution No. 390-04: Establish Policy, Planning Department Administration and Provision of Technical Assistance Agriculture and Farmland Protection Implementation Projects

On motion of Mr. Ross, seconded by Mr. Wern and adopted by a roll call vote with all members present voting aye, except Mrs. Brown, Mr. Dafoe, Mr. Hartnett, Mr. Tagliente, Mrs. Tytler and Mr. Steve voting nay, Agenda Item No. 1 became Resolution No. 391-04: Authorize Agreements, Cortland County and New York State Department of Agriculture and Markets, (Acquiring Conservation Easements on the Leslie F. and Lorraine Chace Farm in the Town of Homer, the Darrell and Ann Henderson Farm in the Town of Preble, and the Russell and Janice Sears Farm in the Town of Preble, Cortland County) Mr. Dafoe stated he was in favor of the program but wanted to know if there were any guarantees that these farms will never be sold. Chairman Steve stated that is not the case and one of these farms was already in the process of being sold. Mrs. Tytler stated she is concerned that the County does not have a comprehensive plan regarding the agricultural land. She also requested that in the future these resolutions involve only one farm at a time to allow Legislators to be able to consider the merit of each one individually. Mrs. Brown asked is there any time frame needed regarding a sale of the property? Chairman Steve said there is not. Chairman Steve stated this procedure was inherited by this group with the initial steps being approved by previous Legislatures. Mr. Allen stated he would be more in favor of this program if the money could be divided differently. Chairman Steve said he and Mr. Schrader had a conference call with Agriculture and Markets to discuss different criteria for this.

RESOLUTIONS:

On motion of Mr. Steve, seconded by Dr. DiGiovanni and adopted by all members present voting aye, Agenda Item No. 2 became Resolution No. 392-04: Reappoint Member, Board of Health

On motion of Mr. Steve, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 3 became Resolution No. 393-04: Appointment of Highway Superintendent

Chairman Steve congratulated Mr. Chambers and stated he was confident that he would do good job for the residents of Cortland County. Mr. Allen welcomed Mr. Chambers and offered his congratulations.

On motion of Mr. Steve, seconded by Dr. DiGiovanni and adopted by all members present voting aye, substitute Agenda Item No. 4 became Resolution No. 394-04: Refer Appointment of Election Commissioner To Democratic Minority

On motion of Mr. Steve, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No 5 became Resolution No. 395-04: Authorize Grant Application, Sheriff’s Department (Enhanced Wireless/911)

On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 6 became Resolution No. 396-04: Revise 2005 Tentative Budget

On motion of Mr. Behrenfeld, seconded by Mr. Willcox Agenda Item No. 7 Adopt 2005 Tentative Budget was moved to the floor. On motion of Dr. DiGiovanni, seconded by Mr. Behrenfeld an amendment decreasing expense accounts A40595.51005 Director of Children with Special Needs by $23,362.00 (on page 227 of budget) and A40115.51005 RN#21 PHN 14 by $19,756.00 (on page 196 of budget) and increasing expense account A40115.51005 Supervising Public Health Nurse to the Division of Nursing by $43,118.(on page 196 of budget) of Tentative Budget, was adopted by all members present voting aye. Agenda Item No. 7 as amended was adopted by all members present voting aye and became Resolution No. 397-04: Adopt 2004 County Budget. Chairman Steve thanked the Budget and Finance Committee for the fine job they had done and extended that to all the committees for their work in bringing forward a responsible budget. Chairman Steve noted the County has paid off $1,000,000. of debt and will have a fund balance of almost $8,000,000. He said with the insight and hard work of this body the County is on the road to financial stability. Chairman Steve stated the budget brought prepared by Mr. Schrader was a good budget and this one is improved upon. Mrs. Breed commented how good it was to be able to see the changes as they were being made thanks to Mr. Behrenfeld and Mr. Schrader. Mr. Wern stated he agrees that the committee did a good job along with Mr. Schrader however, he feels the cuts in the Sheriff’s Department were too distract and he is uncomfortable with the safety issues within the community. Chairman Steve stated he has been guaranteed there are no safety issues that will arise from the adoption of this budget, that this is a very responsible budget. Mr. Elston stated he was very confident this budget addresses all safety issues and he would not support any budget that he felt was not in the best interests of the residents of Cortland County.

On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 8 became Resolution No. 398-04: Authorizing Accounts Payable Year End Adjustments to 2004 Budget

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 9 became Resolution No. 399-04: Amend 2005 Budget to Reflect State Administered Non Property (Sales Tax) to Reduce Real Property Tax Levy

On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 10 became Resolution No. 400-04: Levy County Tax, City of Cortland

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 11 became Resolution No. 401-04: Fix Date to Sign Warrants

On motion of Mr. Behrenfeld, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 12 became Resolution No. 402-04: Levying Town Special District Taxes

On motion of Mr. Behrenfeld, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 13 became Resolution No. 403-04: Levy Town General and Highway Taxes

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye Agenda Item No. 14 – 17 were voted on as a Consent Agenda:

On motion of Mr. Behrenfeld, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 14 became Resolution No. 404-04: Levying Water Charges – Town of Scott and Agenda Item No. 15 became Resolution No. 405-04: Levying Water Charges – Town of Cincinnatus and Agenda Item No. 16 became Resolution No. 406-04: Levying Water Charges – Town of Cortlandville and Agenda Item No. 17 became Resolution No. 407-04: Levying Water Charges – Town of Harford

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye Agenda Items No. 18 and 19 were voted on as a Consent Agenda:

On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present voting aye Agenda Item No. 18 became Resolution No. 408-04: Levying Sewer Charges – Town of Cortlandville and Agenda Item No. 19 became Resolution No. 409-04: Levying Sewer Charges – Town of Cuyler

On motion of Mr. Behrenfeld, seconded by Mrs. Brown and adopted by all members present aye, Agenda Item No. 20 became Resolution No. 410-04: Authorize Agreement, Real Property Tax Services (OCE Scanner/ Printer)

On motion of Mr. Behrenfeld, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 21 became Resolution No. 411-04: Establish Reserve Account Retirement

On motion of Mr. Ross, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No 22 became Resolution No. 412-04: Authorize Chairman to Declare Dog Quarantine, Planning Department

On motion of Mr. Steger, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 24 became Resolution No. 413-04: Create Temporary Custodian, Buildings and Grounds Department

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 25 became Resolution No. 414-04: Authorize Agreements, Health Department/Children With Special Needs (Contract for Services)

On motion of Dr. DiGiovanni, seconded by Mr. Willcox and adopted by all members present voting aye, Agenda Item No. 26 became Resolution No 415-04: Authorize Agreement/Accept Funds, Health Department/Children With Special Needs (NYS Facilitated Enrollment Program)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 27 became Resolution No. 416-04: Authorize Agreement/Accept Funds, Health Department/Children With Special Needs (Local Department of Social Services)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 28 became Resolution No. 417-04: Authorize Agreement, Health Department/Division of Nursing (Beacon Resource Group)

On motion of Dr. DiGiovanni, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 29 became Resolution No. 418-04: Authorize Agreements/Accept Funds, Health Department/ Health Administration (Traffic Safety and Injury Prevention Program)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 30 became Resolution No. 419-04: Authorize Agreements for 2005, Health Department/Jacobus Center for Reproductive Health (Auditor, Interpreter, and Consultants and/or Facilitators)

On motion of Dr. DiGiovanni, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 31 became Resolution No. 420-04: Authorize Agreement/Accept Funds, Health Department/ Jacobus Center for Reproductive Health (State Grant)

On motion of Dr. DiGiovanni, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 32 became Resolution No. 421-04: Accept Funds, Health Department/Jacobus Center for Reproductive Health (HIV/AIDS SUNY Walkathon Funds)

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 33 became Resolution No. 422-04: Abolish/Create, Health Department, Administrative Assistant/Principal Medical Services Clerk

On motion of Dr. DiGiovanni, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 34 became Resolution No. 423-04: Authorize Agreements, Mental Health Department (Mental Health Services)

On motion of Mr. Allen, seconded by Mr. Steger and adopted by all members present voting aye, Agenda Item No. 35 became Resolution No. 424-04: Extend Service of Recycling Roll Off Containers Contract, Highway Department/ Recycling

On motion of Mr. Wern, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 36 became Resolution No. 425-04: Amend 2004 Budget/Transfer Funds, Sheriff’s Department (Personal Service Accounts)

On motion of Mr. Wern, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 37 became Resolution No. 426-04: Amend 2004 Budget/Transfer Funds, Sheriff’s Department/ 911 Center (Personal Service Accounts)

On motion of Mr. Wern, seconded by Mr. McKee and adopted by all members present voting aye Agenda Item No. 38 became Resolution No. 427-04: Authorize Agreement, Sheriff’s Department/911 Center (ATT Communications Systems Corporation)

On motion of Mr. Wern, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 39 became Resolution No. 428-04: Authorize Agreement, Sheriff’s Department (Soft Code, Inc.)

On motion of Mr. Wern, seconded by Cornell and adopted by all members present voting aye, Agenda Item No. 40 became Resolution No. 429-04: Amend Maintenance Agreement, Sheriff’s Department/911 Center (Bio-Key – Aether Systems, Inc.)

On motion of Mr. Wern, seconded by Mrs. Brown and adopted by all members present voting aye, Agenda Item No. 41 became Resolution No. 430-04: Renew Agreement, Sheriff’s Department (Creative Information Systems Co.)

On motion of Mr. Wern, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No 42 became Resolution No. 431-04: Appointment of Jail Physician Pursuant to Correction Law § 501

On motion of Mr. Wern, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 43 became Resolution No. 432-04: Authorize Agreements, Alternatives to Incarceration (NYS Division of Probation and Correctional Alternatives)

On motion of Mr. Wern, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 44 became Resolution No. 433-04: Authorize Agreement, Sheriff’s Department/911 Center (Dialogic Communications Corporation)

On motion of Mr. Wern, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 45 became Resolution No. 434-04: Authorize Agreement, Sheriff’s Department (Oneida County – Central NY Psychiatric Center Forensic Unit Services)

On motion of Mrs. Brown, seconded by Mr. McKee and adopted by all members present voting aye, Agenda Item No. 46 became Resolution No. 435-04: Amend Budget, Department of Social Services (Appropriation and Revenue-HEAP)

On motion of Mrs. Brown, seconded by Mrs. Breed and adopted by all members present voting aye, Agenda Item No. 47 became Resolution No. 436-04: Authorize Agreement, Youth Bureau (Resource Allocation Plan – NYS Office of Children and Family Services)

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 48 became Resolution No. 437-04: Amend Budget, Area Agency on Aging (Adult Day Care)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 49 became Resolution No. 438-04: Authorize Agreement, Area Agency on Aging (Truxton Senior Center)

On motion of Mrs. Brown, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 50 became Resolution No. 439-04:Accept Bids/ Authorize Purchase, Area Agency on Aging/ Nutrition, Paper Goods and Maintenance Supplies)

On motion of Mrs. Brown, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 51 became Resolution No. 440-04: Accept Bids, Authorize Purchase, Area Agency on Aging/ Nutrition, Miscellaneous Groceries and Frozen Foods

On motion of Mrs. Brown, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 52 became Resolution No. 441-04: Authorize Agreement, Area Agency on Aging (Synergy Software Technologies, Inc.)

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 53 became Resolution No. 442-04: County Contract Review Process and Standard Form Contract (County Attorney’s Office)

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 54 became Resolution No. 443-04: Amend 2004 Budget/Transfer Funds, Board of Elections

On motion of Mrs. Breed, seconded by Mr. Armstrong and adopted by all members present voting aye, Agenda Item No. 55 became Resolution No. 444-04: Authorize Agreement Department of Motor Vehicles (Simplex/Grinnel)

On motion of Mrs. Breed, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 56 became Resolution No. 445-04: Authorize Agreement, County Clerk (Simplex/Grinnel - Time Clock)

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 57 became Resolution No. 446-04: Renew Agreement with EBS Benefit Solutions Cortland County Cobra Continuation Coverage Plan

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 58 became Resolution No. 447-04: Renew Agreement with EBS Benefit Solutions Cortland County Dental and Vision Insurance Plan

On motion of Mrs. Breed, seconded by Mr. Elston and adopted by all members present voting aye, Agenda Item No. 59 became Resolution No. 448-04: Amend and Restate, Deferred

On motion of Mrs. Breed, seconded by Mr. Cornell and adopted by all members present voting aye, Agenda Item No. 60 became Resolution No. 449-04: Authorize Agreement, Data Processing Department (MUNIS)

ANNOUNCEMENTS

Chairman Steve took this opportunity to present a plaque to Tamara Wyant for her public service this past year as the Legislator for District 5 and thanked her for the contributions she has made during her term.

Chairman Steve invited everyone to join him in room 304 for the party.

Mr. Allen reminded everyone of the GEC meeting on January 11 at 6:30 pm.

Mrs. Brown called a caucus of the Democrats immediately in room 300.

ADJOURNMENT

On motion of Mr. Wern, seconded by Mr. Allen the meeting was adjourned at 6:40 pm.

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