Document Schuylercountyny_doc_22f9f5f83e

PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2010 MEMBERS OF THE LEGISLATURE DISTRICT DENNIS A. FAGAN STEWART F. FIELD, JR. DISTRICT THOMAS M. GIFFORD MICHAEL A. YUHASZ PAUL N. MARCELLUS DISTRICT DORIS L. KARIUS GLENN R. LARISON BARBARA J. HALPIN OFFICERS THOMAS M. GIFFORD STACY B. HUSTED DEPUTY JAMEE L. MACK COUNTY JAMES P. COLEMAN ---PAGE BREAK--- PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2010 CHAIRMAN AND CLERK'S CERTIFICATE STATE OF NEW YORK ) COUNTY OF SCHUYLER ) We, Thomas M. Gifford, Chairman, and Stacy B. Husted, Clerk of the Schuyler County Legislature, each for ourself, do hereby certify that this printed volume is a true record of the acts and proceedings of the Legislature of the County of Schuyler, State of New York, for the year 2010, pursuant to Section 211 of the County Law. THOMAS M. GIFFORD Chairman, Schuyler County Legislature STACY B. HUSTED Clerk, Schuyler County Legislature ---PAGE BREAK--- MEMBERS AND OFFICERS OF THE 2010 SCHUYLER COUNTY LEGISLATURE Back row left to right: County Administrator Timothy O’Hearn, Chairman Thomas M. Gifford, Legislators Stewart, F. Field, Jr., Dennis A. Fagan, Paul N. Marcellus, Barbara J. Halpin, Stacy B. Husted, Clerk, and Jamee L. Mack, Deputy Clerk. Seated left to right: Legislators Doris L. Karius, Glenn R. Larison, Michael A. Yuhasz and James P. Coleman, County Attorney ---PAGE BREAK--- TABLE OF CONTENTS Resolutions – 2010 (Numerical, By REGULAR AND SPECIAL MEETINGS: Organizational Meeting January 1 Regular Meeting January 4 Regular Meeting 13 Regular Meeting March . Regular Meeting 44 Regular Meeting May Regular Meeting June Special Meeting & 76 Regular Meeting Regular Meeting Regular Meeting September Regular Meeting Special Meeting Regular Meeting Regular Meeting 145 Year End 161 Annual Budget Summary of 2011, County of Schuyler………..……………………..170 Annual Budget Summary of 2010, County of Schuyler 171 Mortgage Tax Distribution: October 1, 2009 through March 31, 2010 April 1, 2010 through September 30, 2010 Index ---PAGE BREAK--- DEDICATIONS 2010 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Jill L. Wicker Jill joined the County in May of 1975 as a typist in the Department of Social Services. Throughout her employment with Schuyler County, Jill remained in the Department of Social Services holding various job titles such as Senior Account Clerk Typist, Senior Typist and Secretary. Jill retired in October of 2010 with 35 years of service to the County. Charles M. Bleiler Charles (Charlie) joined the County in April of 1975 as a Laborer for the Highway Department. In June of 1981 Charlie became a Motor Equipment Operator and in December of 1998 he became a Heavy Equipment Operator. Charlie retired in December of 2010 with 35 years of Service to the County. James F. Barrett James (Jim) Barrett joined the County in October of 1975 as a Laborer for the Highway Department. In August of 1978 he became a Motor Equipment Operator and in June of 1980 he became a Heavy Equipment Operator. Jim retired in October of 2010 with 34 years of Service to the County. Dorothy Regensburg Dorothy (Dottie) joined the County in February of 1979 as a Stenographer in the Planning Department. Dottie remained in the Planning Department until December of 1996. Dottie then transferred to the Department of Social Services as a Senior Typist which then became a Secretary ll position. Dottie retired in March of 2010 with 31 years of service to the County. Michael J. Wolak Michael (Mike) joined the County in January of 1979 as a Clerk in the Real Property Tax Office. In January of 1981 he became a Real Property Tax Technician where he remained until he retired. Mike retired in November of 2010 with 29 years of service to the County. Debra A. Perkins Debra joined the county in March of 1982 as a Meal Deliverer in the Office for the Aging. Debra held this position until she retired in August of 2010 with 28 years of service. ---PAGE BREAK--- DEDICATIONS 2010 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Sally A. Neumire Sally joined the County in November of 1983 in the Department of Motor Vehicles as a Motor Vehicle License Clerk. In June of 1987 she became the Motor Vehicle Bureau Supervisor until her retirement in October of 2010 with 27 years of service to the County. David W. Lisk David joined the County in March of 1989 as the Building Maintenance Supervisor for the Building and Grounds Department. David held this position until he retired in June of 2010 with 21 years of service to the County. Onalee F. Stamp Onalee joined the County in April of 1973 as a Probation Officer for the Probation Department. In February of 1989 she transferred to the Social Services Department as a Social Welfare Examiner. During Onalee’s employment with the Social Services Department, she held titles such as Senior Social Welfare Examiner and Caseworker. Onalee retired in September 2010 with 21 years of service to the County. Sandra J. Rhodes Sandra joined the County in March of 1989 as a Community Care Coordinator for the Youth Bureau. In August of 1993 she joined the Social Services Department as a Staff Development Coordinator where she remained until she retired. Sandra retired in March of 2010 with 21 years of service to the County. Sue A. Lynd Sue joined the County in January of 1988 as a Motor Vehicle License Clerk in the Department of Motor Vehicle. In February of 1998 she became a Senior Clerk until her retirement. Sue retired in January of 2010 with 20 years of service to the County. Bonnie J. Mowry Bonnie joined the County in January of 1994 as a Social Welfare Examiner for the Department of Social Services. During Bonnie’s employment with the Department of Social Services, she held titles such as Senior Social Welfare Examiner and Principal Social Welfare Examiner. Bonnie retired in July of 2010 with 16 years of service to the County. ---PAGE BREAK--- DEDICATIONS 2010 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Geraldine E. Arenal-Koch Geraldine (Gerry) joined the County in July of 1995 as an Account Clerk Keyboard Typist for the Health Services Department. Gerry held this position until she retired in July of 2010 with 15 years of service to the County. Vicki R. Kosthorst Vicki joined the County in April of 1999 as a Caseworker in the Department of Social Services. In January of 2007 she became a Senior Caseworker. Vicki held this position until her retirement in October of 2010 with 11 years of service to the County. Suzanne K. Fingler Suzanne joined the County in November of 2001 as a Registered Professional Nurse for our Health Services Department. In June of 2005 Suzanne became a Senior Registered Professional Nurse. Suzanne held this position until her retirement in October of 2010 with 9 years of service to the County. Diane J. Schmidt Diane joined the County in June of 2004 as a Staff Social Worker in our Health Services Department. Diane held this position until her retirement in February of 2010 with 6 years of service to the County. ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I RESOLUTIONS BY NUMBER – 2010 ORGANIZATIONAL MEETING JANUARY 6, 2010 1. CLOSE NOMINATIONS - 2010 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE 2. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2010 3. "CONTINUITY OF LOCAL GOVERNMENT" FOR 2010 4. DESIGNATION OF LEGAL COUNTY NEWSPAPER 5. DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS 6. CONFORM TO "RULES OF PROCEDURE" 7. APPOINTMENT - CHIEF CORONER FOR 2010 8. APPOINTMENT – COUNTY HISTORIAN 9. SCHEDULE OF SALARIES FOR 2010 10. ADOPT PURCHASING POLICIES & PROCEDURES 11. APPOINTMENTS – 2010-2013 12. APPOINTMENT – HIGHWAY SUPERINTENDENT - 2010-2013 13. APPOINTMENT – DEPUTY HIGHWAY SUPERINTENDENT – 2010-2013 14. DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 FOR THE YEAR 2010 15. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY VOTING MACHINE TECHNICIANS/CUSTODIANS – BOARD OF ELECTIONS REGULAR MEETING JANUARY 11, 2010 16. APPROVE THE MINUTES OF THE DECEMBER 28, 2009 YEAR END MEETING 17. APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2010-PROBATION DEPARTMENT – PROBATION 18. RESOLUTION REQUESTING THAT THE STATE AGRICULTURE AND MARKETS AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) COMPENSATE LOCAL SOIL & WATER CONSERVATION DISTRICTS FOR THEIR PART IN NATURAL GAS EXPLORATION MONITORING 19. RECOGNIZE FEBRUARY 2010 AS AMERICAN HEART MONTH – PUBLIC HEALTH 20. AUTHORIZE CONTRACT WITH GEORGIANNA PRICE FOR SPEECH AND LANGUAGE SERVICES FOR PRESCHOOL SPECIAL EDUCATION – PUBLIC HEALTH 21A.MOTION TO AMEND RESOLUTION AUTHORIZING THE AGREEMENT WITH MONTEREY FIRE DEPARTMENT TO REMOVE THE COST - FAILED ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 21. AUTHORIZE AGREEMENT WITH MONTEREY FIRE DEPARTMENT AUXILIARY FOR USE OF KITCHEN AND DINING AREA FOR A CONGREGATE MEAL SITE – OFFICE FOR THE AGING 22. AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY AND PROPERTY APPRAISALS OF GENESEE BRIDGE REPLACEMENT- HIGHWAY 23. AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR 2010 - HIGHWAY DEPARTMENT 24. ONE-YEAR APPOINTMENTS 25. TWO-YEAR APPOINTMENTS 26. THREE-YEAR APPOINTMENTS 27. FOUR-YEAR APPOINTMENTS 28. APPOINTMENTS TO BOARDS WITH NO TERMS 29. AUTHORIZE DECREASING THE HOURS AND SALARY OF A FULL- TIME ASSESSOR POSITION REAL PROPERTY TAX 30. PROCLAIM 2010 AS THE YEAR OF THE NURSES 31. MOTION TO BRING TWO ADDITIONAL RESOLUTIONS TO THE FLOOR 32. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR 33. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF ORANGE REGULAR MEETING FEBRUARY 10, 2010 34. APPROVE THE MINUTES OF THE JANUARY 6, 2010 ORGANIZATIONAL MEETING AND THE JANUARY 11, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 35. AUTHORIZE CONTRACT WITH BLUE WING PROFESSIONAL CONSULTING SERVICES FOR THE 911 COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT 36. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010/2011 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY 37. AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR ONE NEW VEHICLE – SHERIFF’S OFFICE 38. AUTHORIZE AGREEMENT WITH BLACK CREEK INTEGRATED SYSTEMS FOR MAINTENANCE OF JAIL MANAGEMENT SYSTEM SOFTWARE – SHERIFF’S OFFICE 39. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2010 RESCINDING LOCAL LAW NO. 6 OF THE YEAR 2008 ESTABLISHING SEX OFFENDER RESIDENCY RESTRICTIONS 40. AUTHORIZE THREE-YEAR APPOINTMENT TO THE FINGER LAKES TOURISM ALLIANCE BOARD 41. AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU 42. AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES 43. AUTHORIZE CONTRACT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING 44. AUTHORIZE AMENDING THE 2010 BUDGET FOR HIICAP FUNDS – OFFICE FOR THE AGING 45. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES (OCFS) - SOCIAL SERVICES 46. AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY OFFICE FOR THE AGING FOR HEAP SERVICES – SOCIAL SERVICES 47. AUTHORIZE 2010 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS 48. AUTHORIZE ABOLISHING THE FULL-TIME LEAD CLEANER POSITION AND CREATE AND FILL ONE FULL-TIME CLEANER POSITION – BUILDINGS AND GROUNDS 49. AUTHORIZE LEASE AGREEMENT WITH C.P. WARD, INC. - BUILDINGS AND GROUNDS 50. AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SCHUYLER COUNTY PUBLIC HEALTH/WATERSHED - BUILDINGS AND GROUNDS 51. AUTHORIZE AMENDING THE LEASE AGREEMENT WITH THE VILLAGE OF WATKINS GLEN- BUILDINGS AND GROUNDS 52. AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SCHUYLER COUNTY WEIGHTS AND MEASURES - BUILDINGS AND GROUNDS 53. AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SCHUYLER COUNTY HIGHWAY DEPARTMENT - BUILDINGS AND GROUNDS 54. AUTHORIZE AMENDING THE CURRENT INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF WATKINS GLEN ADDING THE PERSONNEL COSTS ASSOCIATED WITH THE ADDITION OF A FULL- TIME INFORMATION PROCESSING SPECIALIST POSITION – HIGHWAYDEPARTMENT 55. AUTHORIZE A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) NATURAL RESOURCES CONSERVATION SERVICE (NRCS) FOR THE FARM AND RANCH LANDS PROTECTION PROGRAM (FRPP) 56. AUTHORIZE ABOLISHING A SENIOR CLERK POSITION AND THE CREATION AND FILLING OF A FULL-TIME SENIOR MOTOR VEHICLE LICENSE CLERK POSITION IN THE DEPARTMENT OF MOTOR VEHICLE (DMV) – COUNTY CLERK 57. AUTHORIZE AMENDING SCHUYLER COUNTY INSURANCE STANDARDS – COUNTY ATTORNEY’S OFFICE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 58. AUTHORIZE CONVEYANCE OF THE YACHT CLUB PROPERTY IN THE VILLAGE OF MONTOUR FALLS MARINA TO THE VILLAGE OF MONTOUR FALLS – COUNTY ATTORNEY 59. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS –TREASURER 60. AUTHORIZE CONTRACT WITH DAN F. BIZZELL FOR DATA COLLECTION AND VALUATION SERVICES – REAL PROPERTY TAX 61. AUTHORIZE TWO–YEAR APPOINTMENTS TO THE ENVIRONMENTAL MANAGEMENT COUNCIL 62. AUTHORIZE ONGOING CONTRACT WITH L-1 IDENTITY SOLUTIONS FOR ELECTRONIC FINGERPRINTING – SHERIFF’S OFFICE REGULAR MEETING MARCH 8, 2010 63. APPROVE THE MINUTES OF THE FEBRUARY 10, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 64. AUTHORIZE CONTRACT WITH MID-STATE COMMUMINCATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT 65A. MOTION TO TABLE RESOLUTION NO. 65 65. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH CSEA ADMINISTRATIVE UNIT RELATIVE TO THE PARALEGAL POSITION IN THE DISTRICT ATTORNEY’S OFFICE - TABLED 66. AUTHORIZE CONTRACT WITH MID-STATE COMMUMINCATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE RADIO COMMUNICATION SYSTEM – SHERIFF’S OFFICE 67. RESOLUTION IN OPPOSITION TO THE IDA TAX IMPOSED ON ALL LOCAL INDUSTRIAL DEVELOPMENT AGENCIES BY NEW YORK STATE AS A MEANS TO HELP CLOSE THE STATE’S BUDGET DEFICIT 68. RESOLUTION REQUESTING SUPPORT OF COUNTIES AND STATE LEGISLATORS IN RELATION TO LEGISLATION AMENDING COUNTY LAW, SECTION 215 69. RESOLUTION OF OPPOSITION TO HOLDING THE TRIAL OF THE ALLEGED SEPTEMBER 11, 2001 TERRORISTS ANYWHERE WITHIN NEW YORK STATE AND URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES ATTORNEY GENERAL TO DESIGNATE THE PLACE OF TRIAL OUTSIDE THE STATE OF NEW YORK 70. AUTHORIZE THREE-YEAR APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD 71. AUTHORIZE AGREEMENT WITH WATKINS GLEN INTERNATIONAL RACEWAY FOR THE YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU 72. RECOGNIZE MARCH 2010 AS NATIONAL PROFESSIONAL SOCIAL WORK MONTH - COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 73. RECOGNIZE APRIL 2010 AS ALCOHOL AWARENESS MONTH – HEALTH SERVICES 74. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2010 – JUNE 30, 2011 – PUBLIC HEALTH 75. AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES – PUBLIC HEALTH 76. AUTHORIZE AN APPLICATION WITH THE OFFICE OF VIOLENCE AGAINST WOMEN (OVW) FOR THE SAFE HAVENS SUPERVISED VISITATION GRANT – SOCIAL SERVICES 77. AUTHORIZATION TO CREATE AND FILL A STAFF AND WORKFORCE DEVELOPMENT COORDINATOR POSITION IN THE DEPARTMENT OF SOCIAL SERVICES 78. AUTHORIZE CHANGE ORDER #E-003 WITH CONCORD ELECTRICAL CORPORATION FOR THE ELECTRICAL CONSTRUCTION PORTION OF THE SCHUYLER SHARED SERVICES PUBLIC WORKS FACILITY– BUILDINGS AND GROUNDS 79. AUTHORIZE CONTRACT EXTENSION FOR SILVERLINE CONSTRUCTION OF VAN ZANDT HOLLOW BRIDGE REPLACEMENT – HIGHWAY 80. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF GENESEE STREET BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 81. AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR THE MAINTENANCE AND REPAIRS OF VILLAGE POLICE VEHICLES THROUGH CENTRAL GARAGE – HIGHWAY DEPARTMENT 82. AUTHORIZE GRANT APPLICATION FOR THE 2010 NEW YORK STREET GRANT – COUNTY ADMINISTRATOR 83. AUTHORIZE AMENDING THE 2010 BUDGET FOR GENERAL LIABLITY INSURANCE – COUNTY ADMINISTRATOR 84. ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS – PURCHASING 85. ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL – PURCHASING 86. ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) & CRUSHED GRAVEL – PURCHASING 87. ACCEPT/REJECT BIDS FOR NEW & USED STEEL PLATE, POLYETHYLENE PIPE, NEW & USED BRIDGE AND SHOP STEEL – PURCHASING 88. ACCEPT/REJECT BIDS FOR SIGN POSTS & EXTENSIONS – PURCHASING 89. ACCEPT/REJECT BIDS FOR TIRES – PURCHASING 90. ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL & SELECT GRANULAR FILL - PURCHASING 91. ACCEPT/REJECT BIDS FOR GALVANIZED PIPE – PURCHASING 92. ACCEPT/REJECT BIDS FOR GUIDERAIL – PURCHASING ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 93. ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – PURCHASING 94. ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE & CONCRETE RETAINING WALL BLOCK – PURCHASING 95. ACCEPT/REJECT BID FOR TREE AND STUMP REMOVAL – PURCHASING 96. ACCEPT/REJECT BIDS FOR USED STEEL PIPE – PURCHASING 97. AUTHORIZE AN ADDENDUM TO HEALTH BENEFITS SERVICE AGREEMENT WITH EBS R.M.S.C.O., INC. – HUMAN RESOURCES 98. RECOGNIZE THE MONTH OF APRIL 2010 AS NATIONAL COUNTY GOVERNMENT MONTH 99. RECOGNIZE THE WEEK OF APRIL 18-24, 2010 AS “NATIONAL VOLUNTEER WEEK” 100. AUTHORIZE ONE-YEAR APPOINTMENT TO THE FINGER LAKES RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC. 101. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2010 RESCINDING LOCAL LAW NO. 6 OF THE YEAR 2008 ESTABLISHING SEX OFFENDER RESIDENCY RESTRICTIONS 102. AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF SCHUYLER COUNTY 103. AUTHORIZE AGREEMENT WITH THE WATKINS GLEN AREA CHAMBER OF COMMERCE FOR 2010 ROOM TAX FUNDS 104. ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED 105. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE REPLACEMENT OF ALL WINDOWS ON THE PIER BUILDING– BUILDINGS AND GROUNDS 106. AUTHORIZE AMENDING SCHUYLER COUNTY INSURANCE STANDARDS – SCHUYLER COUNTY ATTORNEY’S OFFICE 107. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 108. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING FACILITIES 109. RESOLUTION IN SUPPORT OF THE NEW YORK STATE BUDGET INITIATIVE CALLED “THE WINE INDUSTRY AND LIQUOR STORE REVITILIZATION ACT” 110. AUTHORIZE THE PARTICIPATION IN THE MULTI - COUNTY SOUTHERN TIER REGIONAL FIBER INITIATIVE FOR THE FEDERAL NTIA BROADBAND GRANT PROGRAM 111. RESOLUTION IN SUPPORT OF A 2010 NEW YORK STATE BUDGET WHICH AVERTS STATE PARK AND HISTORIC SITE CLOSURES AS CURRENTLY PROPOSED BY THE PATERSON ADMINISTRATION ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I REGULAR MEETING April 12 , 2010 112. APPROVE THE MINUTES OF THE MARCH 8, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 113. RESOLUTION DECLARING APRIL 12, 2010 AS “BOY SCOUTS OF AMERICA DAY” IN SCHUYLER COUNTY IN CELEBRATION OF ITS 100TH ANNIVERSARY 114. AUTHORIZE LEASE EXTENSION WITH THE SCHUYLER COUNTY VOLUNTEER AMBULANCE ASSOCIATION, INC. – EMERGENCY MANAGEMENT 115. AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR ONE NEW VEHICLE – SHERIFF’S OFFICE 116. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CORRECTION OFFICERS BENEVOLENT ASSOCIATION REGARDING RETIREMENT – SHERIFF’S OFFICE 117. RESOLUTION SETTING SEQR HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2010 118. RESOLUTION ESTABLISHING LEAD AGENCY STATUS FOR AGRICULTURAL DISTRICT #3 MODIFICATION 119. AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU 120. RECOGNIZE MAY 2010 AS MENTAL HEALTH MONTH – HEALTH SERVICES 121. RECOGNIZE MAY 6 – 12, 2010 AS NATIONAL NURSES WEEK – HEALTH SERVICES 122. ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH 123. AUTHORIZE AGREEMENT WITH ELEANOR LIEBSON, OTR/L, RYT, PYT-C, CERTIFIED YOGA INSTRUCTOR AND OCCUPATIONAL THERAPIST – OFFICE FOR THE AGING 124. AUTHORIZE APPOINTMENT OF THREE NEW MEMBERS TO THE OFFICE FOR THE AGING ADVISORY COUNCIL – OFFICE FOR THE AGING 125. PROCLAIM MAY 2010 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING, PUBLIC HEALTH, MENTAL HEALTH SERVICES, FAMILIES FIRST/NY CONNECTS, THE NEW FALLS HOME, ADULT PROTECTIVE SERVICES, SENECA VIEW, RSVP 126. ACCEPT/REJECT BIDS FOR THE REPLACEMENT OF ALL WINDOWS ON THE PIER BUILDING– BUILDINGS AND GROUNDS 127. AUTHORIZATION TO AMEND AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE CREATION AND MAINTENENACE OF A COMMUNITY GARDEN – BUILDINGS & GROUNDS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 128. AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH THE SCHUYLER COUNTY SOIL & WATER CONSERVATION DISTRICT FOR THE MAINTENANCE AND REPAIRS OF DEPARTMENT VEHICLES THROUGH CENTRAL GARAGE – HIGHWAY DEPARTMENT 129. ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN-PLACE PROJECTS – PURCHASING 130. AUTHORIZE AGREEMENT WITH HSBC BANK USA, NA FOR THE BUSINESS CORPORATE CARD PROGRAM – TREASURER’S OFFICE 131. AUTHORIZE DECLARING EQUIPMENT JUNK FOR VARIOUS DEPARTMENTS – TREASURER’S OFFICE 132. PROCLAIM APRIL 17, 2010 AS BILL MILLIKEN DAY IN SCHUYLER COUNTY 133. RESOLUTION ENCOURAGING THE GOVERNOR OF THE STATE OF NEW YORK AND SENATORS AND TO PASS LEGISLATION INCREASING VERIFICATION REQUIREMENTS FOR MEDICAID ELIGIBILITY 134. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO GRANT A PERMANENT EASEMENT AT SENECA HARBOR PARK TO ALLOW ACCESS TO LAKEFRONT DEVELOPMENT OF ADJOINING PROPERTY 135. AUTHORIZE UPDATE OF OFFICE POLICY AND PROCEDURAL MANUAL FOR SCHUYLER COUNTY PROBATION DEPARTMENT – PROBATION DEPARTMENT 136. RECOGNIZE MAY 8, 2010 AS GREEN GRAND PRIX DAY REGULAR MEETING MAY 10, 2010 137. APPROVE THE MINUTES OF THE APRIL 12, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 138. AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT 139. AUTHORIZE APPOINTING THE COUNTY ADMINISTRATOR TO THE TIER INFORMATION AND ENTERPRISE RESOURCES, INC. A SOUTHERN TIER CENTRAL AND EAST LOCAL DEVELOPMENT CORPORATION 140. RESOLUTION TO RECOMMEND AND REQUEST THAT THE STATE OF NEW YORK DELAY THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROVISIONS OF LEANDRA’S LAW 141. RESOLUTION OPPOSING VARIOUS ANTI-FIREARMS LEGISLATION IN NEW YORK 142. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010 BYRNE JAG RECOVERY ACT GRANT – SHERIFF’S OFFICE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 143. APPOINTMENTS TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH 144. ESTABLISH 2010 - 2011 IMMUNIZATION GRANT - PUBLIC HEALTH 145. AUTHORIZE A CONTRACT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR THERAPY SERVICES – PUBLIC HEALTH 146. AUTHORIZE CONTRACT WITH NANCY FUHR BONN FOR PRESCHOOL SERVICES - PUBLIC HEALTH 147. AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH MONROE, LIVINGSTON, STEUBEN, YATES, SCHUYLER, CHEMUNG, ONTARIO, WAYNE AND SENECA COUNTIES - HEALTH SERVICES 148. RECOGNIZE JUNE 6 – 12, 2010 AS NATIONAL SUN SAFETY WEEK – PUBLIC HEALTH 149. ESTABLISH 2010 LEAD GRANT – PUBLIC HEALTH 150. AUTHORIZE CONTRACT WITH THE MENTAL HEALTH CLINIC FOR MEDICAL SOCIAL WORK SERVICES – PUBLIC HEALTH 151. AUTHORIZE DECREASING THE HOURS OF A FULL-TIME SENIOR REGISTERED PROFESSIONAL NURSE POSITION - COMMUNITY SERVICES 152. RECOGNIZE ROSE CICCONE AS THE NEW YORK STATE OFFICE FOR THE AGING SENIOR CITIZEN OF THE YEAR FOR SCHUYLER COUNTY – OFFICE FOR THE AGING 153. AUTHORIZE CONTRACT WITH WATER WISE, INC. FOR WATER TREATMENT SERVICE – BUILDINGS & GROUNDS 154. AUTHORIZE AMENDING THE CONTRACT WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE CATHARINE VALLEY TRAIL - BUILDINGS AND GROUNDS 155. AUTHORIZE SEQR FOR ALIENATION OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS 156. AUTHORIZATION TO CREATE AND FILL A TEMPORARY BUILDING MAINTENANCE SUPERVISOR TRAINEE POSITION/AUTHORIZE APPOINTMENT TO THE BUILDING MAINTENANCE SUPERVISOR POSITION – BUILDINGS & GROUNDS 157. AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR – 2011-2014 158. AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND 159. AUTHORIZE APPOINTMENT TO THE HISTORICAL SOCIETY BOARD OF TRUSTEES 160. AUTHORIZE CONTRACT WITH BEVERLY MORLEY – REAL PROPERTY TAX 161. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSESSOR ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 162. RESOLUTION IN OPPOSITION OF ASSEMBLY BILL NO. A.9911 AND SENATE BILL NO. S.6849 AMENDING THE PUBLIC OFFICERS LAW, IN RELATION TO REQUIRING CERTAIN RECORDS WHICH ARE THE SUBJECT OF A DISCUSSION CONDUCTED AT AN OPEN MEETING BE MADE AVAILABLE TO THE PUBLIC 163. MOTION TO BRING FOUR ADDITIONAL RESOLUTIONS TO THE FLOOR 164. AUTHORIZE APPOINTMENT TO THE SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD 165. AUTHORIZATION TO CREATE, FILL AND ACKNOWLEDGE THE APPOINTMENT OF A DEPUTY ELECTION COMMISSIONER TRAINEE POSITION – BOARD OF ELECTIONS 166. AUTHORIZE PAYMENT FOR ARMED FORCES DAY COUNTYWIDE REGISTRATION DRIVE – MAY 15, 2010 167. RESOLUTION SETTING PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2010 REGULAR MEETING JUNE 14, 2010 168. APPROVE THE MINUTES OF THE MAY 10, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 169. AUTHORIZE A MEMORANDUM OF AGREEMENT (MOA) BETWEEN TOMPKINS, CAYUGA, SCHUYLER, AND SENECA, COUNTIES FOR THE 2009 HAZARDOUS MATERIAL GRANT PROGRAM – EMERGENCY MANAGEMENT 170. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010/2011 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY 171. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010 GOVERNOR’S TRAFFIC SAFETY COMMITTEE – CHILD SAFETY SEAT PROGRAM GRANT – SHERIFF’S OFFICE 172. AUTHORIZE THE ADDITION OF ONE PARCEL TO AG DISTRICT #2 AND DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) 173. RESOLUTION RECOMMENDING INCLUSION OF PARCEL 42.00-1-17 IN SCHUYLER COUNTY AGRICUTURAL DISTRICT #2 174. NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT # 3 175. RE-AUTHORIZE THE 2009 ANNUAL ENROLLMENT REQUEST AND RESCINDING RESOLUTION NO. 154-09 176. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT WHICH WILL COVER 2010-2014 AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 177. AUTHORIZE CONTRACT WITH FAZZI ASSOCIATES, INC. TO CONDUCT MANDATED CONSUMER ASSESSMENT OF HEALTH CARE PLANS AND SYSTEMS (CAHPS) SURVEY-PUBLIC HEALTH 178. AUTHORIZE CONTRACT WITH RONALD LISO FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH 179. AUTHORIZE CONTRACT WITH JULIE KINSMAN FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH 180. RECOGNIZE JULY 2010 AS CASE MANAGEMENT MONTH – COMMUNITY SERVICES 181. AUTHORIZE A FUNDING AGREEMENT WITH NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS (NACCHO) MEDICAL RESERVE CORPS (MRC) – PUBLIC HEALTH 182. ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2010-2011 – PUBLIC HEALTH 183. PROCLAIMING ELDER ABUSE AWARENESS DAY – 2010 184. AUTHORIZE AGREEMENT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA FOR NY CONNECTS – OFFICE FOR THE AGING AND YOUTH BUREAU 185. 186. AUTHORIZE CONTRACT WITH THE ARC OF SCHUYLER COUNTY FOR PUBLIC TRANSIT/AUTHORIZE AMENDING THE 2010 BUDGET RESOLUTION SUPPORTING A TEMPORARY EXTENSION OF ENHANCED FEDERAL MEDICAID MATCHING FUNDS PROVIDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) – SOCIAL SERVICES 187. AUTHORIZE CONTRACTS FOR FEDERAL SECTION 5311 TRANSIT OPERATING ASSISTANCE 188. AUTHORIZE TRANSFER OF FUNDS FROM FACILITIES AND GROUNDS CAPITAL RESERVE ACCOUNT TO SHARED PUBLIC WORKS FACILITY CAPITAL ACCOUNT – BUILDINGS AND GROUNDS 189. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE THE POSITION OF ASSISTANT DEPUTY COUNTY CLERK POSITION – COUNTY CLERK 190. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 191. AUTHORIZE CONTRACT WITH JAMES P. ELKINS FOR GRAPHIC DESIGN SERVICES - BOARD OF ELECTIONS 192. ACKNOWLEDGE APPOINTMENT AND SET SALARY – BOARD OF ELECTIONS SPECIAL MEETING JUNE 24, 2010 193. RATIFICATION OF SPECIAL MEETING 194. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.8134A AND ASSEMBLY BILL A.11412A TO ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO SENECA HARBOR PLACE, LLC, AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK SPECIAL MEETING JUNE 30, 2010 195. RATIFICATION OF SPECIAL MEETING 196. APPOINTMENT TO THE SCHUYLER COUNTY LEGISLATURE TO FILL UNEXPIRED TERM REGULAR MEETING JULY 12, 2010 197. APPROVE THE MINUTES OF THE JUNE 14, 2010 REGULAR MEETING, THE JUNE 24, 2010 SPECIAL MEETING AND THE JUNE 30, 2010 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 198. ADOPT SCHUYLER COUNTY ARSON CONTROL PLAN - SCHUYLER COUNTY EMERGENCY MANAGEMENT 199. AUTHORIZE CONTRACT WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING EQUIPMENT UPGRADE TO INCLUDE GLOBAL POSITIONING SYSTEM CAPABILTIES - PROBATION DEPARTMENT 200A. MOTION TO TABLE RESOLUTION NO. 200 200. RESOLUTION IN SUPPORT OF THE SCHUYLER COUNTY HUMANE SOCIETY’S SHELTER PROJECT – TABLED 201. RESOLUTION SETTING FINAL PUBLIC HEARING FOR REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #3 202. AUTHORIZE ACCEPTANCE OF THE 2009 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUEST 203. TWO-YEAR APPOINTMENT 204. ACCEPT AND ESTABLISH THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT FOR OCTOBER 1, 2010 – SEPTEMBER 30, 2011 – PUBLIC HEALTH 205. AUTHORIZE CONTRACT WITH CORNING COMMUNITY COLLEGE AND THE SCHUYLER COUNTY HOME HEALTH/PUBLIC HEALTH AGENCY AS A NURSING EDUCATION FACILITY – PUBLIC HEALTH 206. RECOGNIZE AUGUST 2010 AS NATIONAL IMMUNIZATION AWARENESS MONTH – PUBLIC HEALTH 207. 208. AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU AUTHORIZE AN AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE OPERATION OF A SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) – SOCIAL SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 209. AUTHORIZE ADVERTISEMENT FOR BIDS FOR DEVELOPMENT OF THE CATHARINE VALLEY TRAIL– BUILDINGS AND GROUNDS 210. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY 211. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 212. AUTHORIZE AMENDING THE SCHUYLER COUNTY FIXED ASSETS POLICY CHANGING THE FIXED ASSET (INVENTORY) THRESHOLD FROM $500 TO $1,000 – PURCHASING 213. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER 214. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER 215. AUTHORIZE APPLICATION AND AGREEMENT FOR EARLY RETIREE REINSURANCE PROGRAM - HUMAN RESOURCES 216. STANDARD WORK DAY AND REPORTING RESOLUTION 217. AUTHORIZE ADDENDUM TO NTS DATA SERVICES CONTRACT ADDING CORNING-PAINTED POST SCHOOL DISTRICT AND A LETTER AGREEMENT BETWEEN THE COUNTY, NTS DATA SERVICES AND CORNING PAINTED POST SCHOOL DISTRICT – BOARD OF ELECTIONS 218. APPOINTMENT TO SPECIAL COMMITTEES 219. APPOINTMENT TO SPECIAL COMMITTEES 220. APPOINTMENT WITH NO TERM 221. RESOLUTION CELEBRATING JULY 18-24, 2010 AS PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK 222. AUTHORIZE AN AGREEMENT WITH PROACT, INC. FOR A COUNTY DISCOUNT PRESCRIPTION DRUG CARD PROGRAM REGULAR MEETING AUGUST 9, 2010 223. APPROVE THE MINUTES OF THE JULY 12, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 224. AUTHORIZE GRANT APPLICATION FOR FY2010 COMPANION ANIMAL SHELTERING EQUIPMENT (CASE) GRANT PROGRAM– EMERGENCY MANAGEMENT 225. APPOINTMENT – COUNTY CORONER 226. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2010 REPEALING AND REPLACING LOCAL LAW NO. 4 OF THE YEAR 1973 TITLED PUBLIC ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I ENTERTAINMENT (OUTDOOR) – REGULATION/LICENSING 227. AUTHORIZE A ONE-TIME ADVANCE PAYMENT TO THE WATKINS GLEN AREA CHAMBER OF COMMERCE AS THE TOURIST PROMOTION AGENCY (TPA) 228. ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR THE SEPTEMBER 25, 2010 HOUSEHOLD HAZARDOUS WASTE DAY 229. ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY FOR THE SEPTEMBER 25, 2010 USED ELECTRONICS RECYCLING DAY 230. AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR COVERAGE AND SUPERVISON IN THE FAMILY PLAY AND RESOURCE CENTER – YOUTH BUREAU 231. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA) FUNDING– OFFICE FOR THE AGING 232. RECOGNIZE SEPTEMBER 10, 2010 AS WORLD SUICIDE PREVENTION DAY – HEALTH SERVICES 233. RECOGNIZE SEPTEMBER 2010 AS NATIONAL CHOLESTEROL EDUCATION MONTH – HEALTH SERVICES 234. AUTHORIZE AGREEMENT WITH McBEE ASSOCIATES, INC. FOR MEDICARE REVENUE RECOVERY SERVICES – PUBLIC HEALTH 235. AUTHORIZATION FOR INCREASE IN FAMILY FOSTER CARE AND ADOPTION SUBSIDY RATES – SOCIAL SERVICES 236. 237. AUTHORIZE TWO-YEAR TERM AGREEMENTS WITH HUNT ENGINEERS AND FISHER ASSOCIATES – HIGHWAY AUTHORIZATION TO UPGRADE THE MOBILE WORK CREW (MWC) SUPERVISOR TO GRADE 6 – SOCIAL SERVICES 238. AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS FOR ACTUARIAL SERVICES FOR COMPLIANCE WITH GAS 43/45 – HUMAN RESOURCES 239. AUTHORIZE ADMINISTRATION FEE RATE RENEWAL WITH EBS- RMSCO, INC. FOR SELF FUNDED VISION PLAN FOR THE YEAR 2011 240. RESOLUTION URGING NEW YORK STATE TO SIGNIFICANTLY CUT THE UNFUNDED MANDATES THAT CAUSE LOCAL PROPERTY TAX INCREASES BEFORE 241. RESOLUTION IN SUPPORT OF A “PEOPLE’S CONVENTION TO REFORM NEW YORK” IMPOSING A CAP ON LOCAL PROPERTY TAXES 242. RESOLUTION TO MODIFY SCHUYLER COUNTY AGRICULTURAL DISTRICT #3 243. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER 244. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER 245. AUTHORIZE TRANSFER OF FUNDS TO INSTALL/REPAIR A NEW GENERATOR FOR FIRE SERVICES – EMERGENCY MANAGEMENT 246. AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR RESEARCH SERVICES –COUNTY ATTORNEY 247. MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR 248. AUTHORIZE REQUESTS FOR INSURANCE CONTRACTS - HEALTH SERVICES 200A. MOTION TO AMEND RESOLUTION NO. 200 TO REMOVE WORDING RELATIVE TO THE TOWN OF CATHARINE 200. RESOLUTION IN SUPPORT OF THE SCHUYLER COUNTY HUMANE SOCIETY AS AMENDED REGULAR MEETING SEPTEMBER 13, 2010 249. APPROVE THE MINUTES OF THE AUGUST 9, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 250. AUTHORIZE STOP DWI PLAN FOR 2011 – SHERIFF’S OFFICE 251. AUTHORIZE PAYMENT TO CHANDRA RUSSELL, LICENSED MASSAGE THERAPIST FOR SERVICES FOR CAREGIVER WORKSHOP – OFFICE FOR THE AGING 252. RECOGNIZE NATIONAL LEAD POISONING PREVENTION WEEK OCTOBER 24 – 30, 2010 – PUBLIC HEALTH 253. AUTHORIZE SUBCOMMITTEE NAME CHANGE AND APPOINTMENT TO THE PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE – MENTAL HEALTH 254. AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR HVAC REPAIR & MAINTENANCE CONTRACTS - BUILDINGS AND GROUNDS 255. AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTURAL MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT 256. AUTHORIZATION FOR SCHUYLER COUNTY TO PARTICIPATE IN PURCHASE BIDS FROM OTHER NEW YORK STATE COUNTIES – PURCHASING 257. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 258. AUTHORIZE CONTRACT WITH AUCTIONS INTERNATIONAL FOR DISPOSAL OF SURPLUS EQUIPMENT – PURCHASING 259. AUTHORIZE PROCEDURE FOR ADVERTISEMENT OF HIGHWAY MATERIAL BIDS – PURCHASING – AS AMENDED 260. AUTHORIZE CONTRACT WITH BIDNET FOR AN ONLINE BIDDING SERVICE – PURCHASING ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 261. AUTHORIZE AMENDING THE PURCHASING POLICIES AND PROCEDURES MANUAL – PURCHASING 262. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES 263. AUTHORIZE PAYMENT TO SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD FOR SCHUYLER COUNTY’S PORTION OF A LOCAL MATCH FOR DEVELOPMENT OF A REGIONAL GIS DATA WAREHOUSE PROJECT – INFORMATION TECHNOLOGY 264. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSISTANT DEPUTY COUNTY CLERK POSITION – COUNTY CLERK 265. ACCEPT RAIL LINE RELOCATION AND IMPROVEMENT CAPITAL GRANT AND AUTHORIZE AGREEMENT WITH FEDERAL RAILROAD ADMINISTRATION (FRA) FOR IMPROVEMENTS TO THE FINGER LAKES RAILWAY LINE 266. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR PAST INSURANCE CLAIM EXPENSES – COUNTY ADMINISTRATOR 267. AUTHORIZE PURCHASE AND LEASE OF AN ADDITIONAL BUS WITH THE ARC OF SCHUYLER COUNTY FOR PUBLIC TRANSPORTATION 268. AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR HOME CARE CONSULTING SERVICES – PUBLIC HEALTH 269. ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS 270. AUTHORIZE TRANSFER OF FUNDS FOR THE PURCHASE OF PATROL RIFLES – SHERIFF’S OFFICE 271. AUTHORIZE CONTRACT WITH SANDRA TEETER FOR DEMOCRATIC DEPUTY ELECTION COMMISSIONER ASSISTANCE - BOARD OF ELECTIONS 272. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2010 REPEALING AND REPLACING LOCAL LAW NO. 4 OF THE YEAR 1973 TITLED PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATION/LICENSING REGULAR MEETING OCTOBER 12, 2010 273. APPROVE THE MINUTES OF THE SEPTEMBER 13, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 274. AUTHORIZE AGREEMENT WITH POLICE REPORTS.US FOR ONLINE ACCESS TO MOTOR VEHICLE ACCIDENT REPORTS – SHERIFF’S OFFICE 275. MODIFY THE EXISTING CONTRACT TO REFLECT A REDUCTION IN STATE AID FOR ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2010 - PROBATION DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 276. AUTHORIZE CONTRACT WITH BURLINGTON LABORATORIES OF SARATOGA TO PERFORM LABORATORY URINE SCREENS AND SCREEN CONFIRMATIONS - PROBATION DEPARTMENT 277. AUTHORIZE CONTRACT WITH MEDTOX LABORATORIES INC. TO PERFORM ONSITE URINE SCREEN LABORATORY CONFIRMATIONS - PROBATION DEPARTMENT 278. AUTHORIZE GRANT ACCEPTANCE AND RENEWAL FOR A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS GRANT – YOUTH BUREAU 279. AUTHORIZE APPOINTMENT TO THE YOUTH BOARD – YOUTH BUREAU 280. APPROVAL OF THE 2011 ANNUAL IMPLEMENTATION PLAN - OFFICE FOR THE AGING 281. AUTHORIZE CONTRACT WITH VOLLMER, OT FOR PRESCHOOL SERVICES – PUBLIC HEALTH 282. RECOGNIZE NOVEMBER 2010 AS NATIONAL DIABETES MONTH - PUBLIC HEALTH 283. AUTHORIZE CONTRACT WITH KINNEY MANAGEMENT SERVICES, LLC – PUBLIC HEALTH 284. AUTHORIZE CONTRACT WITH KINNEY MANAGEMENT SERVICES, LLC – COMMUNITY SERVICES 285. AUTHORIZE AMENDMENT TO CONTRACT WITH STAFKINGS PERSONNEL SYSTEMS – HEALTH SERVICES 286. AUTHORIZE CONTRACT WITH GREAT EXPECTATIONS PHYSICAL, OCCUPATIONAL AND SPEECH THERAPY, PLLC – PUBLIC HEALTH 287. AUTHORIZE INCREASE IN HOURS OF A SENIOR REGISTERED PROFESSIONAL NURSE POSITION – COMMUNITY SERVICES 288. AUTHORIZE A TEMPORARY INCREASE IN HOURS OF A LESS THAN FULL TIME PUBLIC HEALTH NURSE POSITION – PUBLIC HEALTH 289. 290. AUTHORIZE CERTIFICATION OF 2009 COST ALLOCATION PLAN – SOCIAL SERVICES 291. AUTHORIZE CONTRACT WITH UNIFIRST CORPORATION FOR UNIFORM RENTAL/CLEANING SERVICE – HIGHWAY AUTHORIZATION TO ENTER INTO AGREEMENT WITH SCHUYLER COUNTY OFFICE FOR THE AGING FOR THE HEAP PROGRAM - SOCIAL SERVICES 292. ACCEPT/REJECT BIDS FOR STRUCTURE MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT 293. AUTHORIZE AGREEMENT WITH AES GREENIDGE, LLC FOR BOTTOM ASH/CINDERS – HIGHWAY DEPARTMENT 294. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2011 295. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO AMEND SECTION III, PERFORMANCE APPRAISALS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I W/D. SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE AND AUCTIONEER AGREEMENT - TREASURER 296. AUTHORIZE CONTRACT WITH STATE UNIVERSITY OF NEW YORK (SUNY) UPSTATE MEDICAL UNIVERSITY – MENTAL HEALTH 297. AUTHORIZE ONGOING AGREEMENT WITH SCHUYLER HOSPITAL TO PROVIDE HEALTHCARE SERVICES TO SCHUYLER COUNTY RESIDENTS 298. AUTHORIZE CONTRACT WITH LINDSY HYER, ST FOR PRESCHOOL SERVICES – PUBLIC HEALTH 299. AUTHORIZE CONTRACT WITH NANCY DASH FOR EMS BALLOT LAYOUT - BOARD OF ELECTIONS 300. RECOGNIZE NATIONAL BUSINESS WOMEN’S WEEK OCTOBER 18-22, 2010 301. AUTHORIZE AMENDING THE 2010 CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. – COUNTY ATTORNEY’S OFFICE 302. AUTHORIZE REIMBURSEMENT TO THE TOWN OF HECTOR FOR HEALTH INSURANCE – HUMAN RESOURSES 303. ACCEPT/REJECT BIDS FOR CONSTRUCTION OF SOUTH GENESEE STREET BRIDGE PROJECT – HIGHWAY 304. AUTHORIZE CONTRACT AMENDMENT WITH KVS INFORMATION SYSTEMS, INC. FOR SOFTWARE AND TRAINING – TREASURER 305. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 306. ACCEPT AND ESTABLISH THE EARLY INTERVENTION GRANT FOR OCTOBER 1, 2010 – SEPTEMBER 30, 2011 – PUBLIC HEALTH 307. APPROVE APPLICATION FOR CREDIT OF REAL PROPERTY TAXES IN THE TOWN OF ORANGE – REAL PROPERTY TAX SERVICE SPECIAL MEETING OCTOBER 27, 2010 308. RATIFICATION OF SPECIAL MEETING 309. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2010 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER UNDER PART A OPTION TO EXTEND THE ENROLLMENT PERIOD TO 90 DAYS 310. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HOSPITAL & MEDICAL INSURANCE FUNDS 311. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HIGHWAY MACHINERY FUND 312. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HIGHWAY COUNTY ROAD FUND 313. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CENTRAL GARAGE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 314. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – STATUTORY INSTALLMENT BOND 315. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CONTINGENCY REGULAR MEETING NOVEMBER 8, 2010 316. APPROVE THE MINUTES OF THE OCTOBER 12, 2010 REGULAR MEETING AND THE OCTOBER 27, 2010 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 317. AUTHORIZE GRANT APPLICATION FOR WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT 318. AUTHORIZE AGREEMENTS WITH TOWNSHIPS FOR DOG CONTROL SERVICES – SHERIFF’S OFFICE 319. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENY TO JAIL BUDGET – SHERIFF’S OFFICE 320. A RESOLUTION OF THE SCHUYLER COUNTY LEGISLATURE EXPRESSING OPPOSITION TO THE CHESAPEAKE BAY TOTAL MAXIMUM DAILY LOAD (TMDL) REGULATORY PROPOSAL BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) 321. NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY FOR 2011 322. AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR LEGAL SERVICES FOR OFFICE FOR THE AGING CLIENTS FOR 2011- OFFICE FOR THE AGING 323. RECOGNIZE DECEMBER 2010 AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH – HEALTH SERVICES 324. ACCEPT AND ESTABLISH THE BIOTERRORISM/PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH 325. AUTHORIZE CONTRACTS FOR ADDITIONAL COMPENSATION PROGRAM FOR CERTIFIED HOME HEALTH AGENCY NURSES – PUBLIC HEALTH 326. AUTHORIZE SUBMISSION OF OBJECTION TO NEW YORK STATE DEPARTMENT OF HEALTH, PUBLIC HEALTH FORUM, ON CERTAIN LANGUAGE INCLUDED IN THE PROPOSED ADDITION OF SECTION 505.28 TO PART 505 OF TITLE 18 327. AUTHORIZE INTER MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE SCHUYLER COUNTY DIRECTOR OF WEIGHTS & MEASURERS A POSITION 328. SET SALARY WEIGHT & MEASURERS DIRECTOR A 329. AUTHORIZE TRANSFER OF FUNDS FOR NEW ROOF ON THE SENECA HARBOR PARK PIER BUILDING– BUILDINGS AND GROUNDS 330. AUTHORIZE CONTRACT WITH FISHER ASSOCIATES FOR CONSTRUCTION INSPECTION SERVICES OF SOUTH GENESEE STREET BRIDGE PROJECT – HIGHWAY ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 331. AUTHORIZE INTERMUNICIPAL AGREEMENT WITH CHEMUNG COUNTY FOR HEALTH, DENTAL AND VISION INSURANCE 332. AUTHORIZE AMENDMENT TO THE ADMINISTRATIVE MANUAL DEPARTMENT ADMINISTRATOR LEAVE POLICY 333. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2010 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2011 334. RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, REPEALING 335. AUTHORIZE AN APPLICATION WITH THE LOCAL RECORDS MANAGEMENT IMPROVEMENT FUND FOR ASSEMBLY OF SHELVING UNITS – RECORDS MANAGEMENT – AS AMENDED AN EXEMPTION FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK 336. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 5 OF THE YEAR 2010 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER UNDER PART A OPTION TO EXTEND THE ENROLLMENT PERIOD TO 90 DAYS 337. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU 338. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES 339. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY ATTORNEY 340. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LEGISLATURE 341. ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY ADMINISTRATOR 342. ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2011 343. APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2011" 344. 2011 BUDGET OF $43,391,247.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN REGULAR MEETING DECEMBER 13, 2010 345. APPROVE THE MINUTES OF THE NOVEMBER 8, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 346. AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT, LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF & LOCAL HEALTH DEPARTMENT PROGRAM – HEALTH DEPARTMENT 347. AUTHORIZE AMENDING THE 2010 BUDGET FOR ADDITIONAL INDIGENT LEGAL SERVICES FUNDING – PUBLIC DEFENDER 348. RESOLUTION AUTHORIZING HOST JURISDICTION APPROVAL OF THE ISSUANCE OF REVENUE BONDS BY THE CENTRAL BRADFORD PROGRESS AUTHORITY AM) DECLARING THAT IT IS DESIRABLE FOR THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THIS HOST JURISDICTION FOR THE CENTRAL BRADFORD PROGRESS AUTHORITY TO FINANCE AND REFINANCE CERTAIN FACILITIES SERVING THE PEOPLE OF THIS HOST JURISDICTION 349. AUTHORIZE RENEWAL OF AGREEMENT WITH CATHOLIC CHARITIES TO PROVIDE CRISIS AND PREVENTION WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF SUPERVISION (PINS) DIVERSION PROGRAM -YOUTH BUREAU 350. AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2011 AND RELATED CONTRACTS – YOUTH BUREAU 351. DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU 352. AUTHORIZE CONTRACT RENEWALS FOR 2011 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH, OFFICE FOR THE AGING AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM - YOUTH BUREAU 353. AUTHORIZE THE CREATION AND FILLING OF A PUBLIC HEALTH NURSE POSITION AND ABOLISH A REGISTERED PROFESSIONAL NURSE POSITION – PUBLIC HEALTH 354. AUTHORIZE AGREEMENT WITH MCBEE ASSOCIATES, INC. FOR MEDICARE REVENUE RECOVERY SERVICES – PUBLIC HEALTH 355. AUTHORIZE AMENDING THE 2010 BUDGET FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH 356. AUTHORIZE AMENDING THE 2009 – 2010 BIOTERRORISM / PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH 357. 358. ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS – BUILDINGS AND GROUNDS AUTHORIZE TRANSFER OF FUNDS – SOCIAL SERVICES 359. AUTHORIZE THREE YEAR CONTRACT WITH ALL-MODE COMMUNICATIONS, INC. FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDING AND GROUNDS 360. AUTHORIZE THREE YEAR CONTRACT RENEWAL WITH DAVIS- ULMER FOR QUARTERLY FIRE SPRINKLER INSPECTIONS AT THE COURTHOUSE COMPLEX AND HUMAN SERVICES COMPLEX – BUILDINGS & GROUNDS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 361. AUTHORIZE THREE YEAR CONTRACT WITH DAY AUTOMATION SYSTEMS, INC. FOR MAINTEANCE AND SUPPORT OF SECURITY ALARM SYSTEM – BUILDINGS & GROUNDS 362. ACCEPT/REJECT QUOTES FOR THREE YEAR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS 363. ACCEPT/REJECT QUOTES FOR FIVE-YEAR CONTRACT FOR ELEVATOR REPAIR, MAINTENANCE AND TESTING – BUILDINGS AND GROUNDS 364. ACCEPT/REJECT QUOTES FOR THREE YEAR UPS AND GENERATOR TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS 365. ACCEPT/REJECT QUOTES FOR THREE YEAR ELEVATOR INSPECTION AND TESTING – BUILDINGS AND GROUNDS 366. AUTHORIZE THREE YEAR CONTRACT RENEWAL WITH SENTRY ALARMS/CPE COMMUNICATIONS, INC. – BUILDINGS & GROUNDS 367. AUTHORIZE TEMPORARY LEASE AGREEMENT WITH VILLAGE OF WATKINS GLEN - BUILDINGS AND GROUNDS 368. AUTHORIZE TEMPORARY CONTRACT WITH VILLAGE OF WATKINS GLEN FOR PHONE SERVICE – BUILDINGS AND GROUNDS 369. URGING THE STATE LEGISLATURE TO CLARIFY THE ENVIRONMENTAL CONSERVATION LAW TO EXPRESSLY AUTHORIZE MUNICIPALITIES TO PROTECT THEIR ROADS FROM DAMAGES AS A RESULT OF GAS DRILLING OPERATIONS – HIGHWAY DEPARTMENT 370. AUTHORIZE EMERGENCY REPLACEMENT OF BOILER UNIT IN DISTRICT ATTORNEY’S BUILDING – BUILDINGS AND GROUNDS 371. RESOLUTION AUTHORIZING THE CREATION OF A REGIONAL LOCAL DEVELOPMENT CORPORATION AND TO PROVIDE THE REQUIRED LOCAL SHARE FUNDING NEEDED TO SUPPORT THE ESTABLISHMENT OF A REGIONAL OPEN ACCESS FIBER OPTIC BACKBONE 372. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 373. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ROAD PATROL ASSOCIATION 374. UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2010-2011 375. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO COMMUNITY COLLEGES-TREASURER’S OFFICE 376. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO THE CORONER BUDGET 377. AUTHORIZATION TO AMEND RESOLUTION NO. 335-10 – RECORDS MANAGEMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2010 I 378. LOCAL LAW INTRO. NO. 6 THE YEAR 2010/LOCAL LAW NO. 1 OF THE YEAR 2011 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2011 379. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 380. SET DATE - 2010 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE 381. SET DATE - 2011 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 382. SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 383. RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2011 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE 384. AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2011, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 385. AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2011, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 386. AUTHORIZE CONTRACT WITH MICHAEL WOLAK FOR PART TIME REAL PROPERTY RESEARCH SERVICES – REAL PROPERTY TAX 387. AUTHORIZE TEMPORARY AGREEMENT WITH VILLAGE OF WATKINS GLEN FOR ROAD RUNNER SERVICE – INFORMATION TECHNOLOGY 388. ACKNOWLEDGE APPOINTMENT OF SCHUYLER COUNTY VOTING MACHINE TECHNICIAN/CUSTODIAN – BOARD OF ELECTIONS 389. AUTHORIZE QUITCLAIM DEED 390. APPOINTMENT TO THE MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) BOARD OF DIRECTORS TO FILL AN UNEXPIRED TERM – LEGISLATURE 391. AUTHORIZE APPOINTING THE WATERSHED INSPECTOR AS THE CERTIFYING OFFICIAL AND AUTHORIZED SIGNATORY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 392. AUTHORIZE APPOINTING CONTACTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR END MEETING DECEMBER 29, 2010 393. APPROVE THE MINUTES OF THE DECEMBER 13, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 394. DEDICATION OF 2010 PROCEEDINGS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2010 I 395. COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2010 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK 396. DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2011 397. AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT 398. AUTHORIZE ONGOING AGREEMENT AND DESIGNATE THE HUMANE SOCIETY OF SCHUYLER COUNTY AS THE LOCAL PROGRAM TO ADMINISTER POPULATION CONTROL FUNDS IN REGARDS TO CATS AND DOGS WITHIN SCHUYLER COUNTY – SHERIFF’S OFFICE 399. AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE RADIO COMMUNICATION SYSTEM – SHERIFF’S OFFICE 400. AUTHORIZE USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU 401. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA) FUNDING– OFFICE FOR THE AGING AND FAMILIES FIRST/NY CONNECTS 402. 403. AUTHORIZE CONTRACT WITH SIBLEY’S NURSING PERSONNEL SERVICES, INC. – PUBLIC HEALTH AUTHORIZATION TO ENTER INTO AGREEMENT WITH FAMILIES FIRST/NY CONNECTS FOR THE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT PROGRAM - OFFICE FOR THE AGING 404. AUTHORIZE CONTRACT WITH SCHUYLER COUNTY SHERIFF’S DEPARTMENT – SOCIAL SERVICES 405. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 406. AUTHORIZE CONTRACT WITH INTERNATIONAL MOTOR RACING RESEARCH CENTER – RECORDS MANAGEMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 1 ORGANIZATIONAL MEETING JANUARY 6, 2010 The January 6, 2010 Organizational Meeting of the Schuyler County Legislature was called to order at 9:06 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Gifford and Followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year 2010. MOTION by Legislator Yuhasz to nominate Legislator Thomas M. Gifford as Chairman, SECOND by Legislator Larison. Acting Chair asked for other nominations and there were none. RESOLUTION NO. 1 Motion by Larison, Second by Marcellus. RE: CLOSE NOMINATIONS - 2010 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2010 Chairperson of the Schuyler County Legislature be closed. Vote: 7-1. No: Halpin. RESOLUTION NO. 2 Motion by Larison, Second by Marcellus. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2010 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2010. Vote 7-1. No: Halpin. RESOLUTION NO. 3 Motion by Marcellus, Second by Field. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2010 BE IT RESOLVED, that the duly authorized vice-chairman successors for "Continuity of Local Government", as prescribed by Schuyler County Local Law No. 1-1972, be adopted for the year 2006, as follows: Chairman Thomas M. Gifford #1 Vice-Chairman Doris L. Karius #2 Vice-Chairman Glenn R. Larison #3 Vice-Chairman Michael A. Yuhasz #4 Vice-Chairman Dennis A. Fagan #5 Vice-Chairman Paul N. Marcellus #6 Vice-Chairman Stewart F. Field, Jr. #7 Vice-Chairman Barbara J. Halpin Vote 8-0. RESOLUTION NO. 4 Motion by Marcellus, Second by Field. RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices. Vote 8-0. RESOLUTION NO. 5 Motion by Marcellus, Second by Field. RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts: HSBC Watkins Glen Office Franklin at Eight Street Watkins Glen, NY 14891 $8,000,000.00 CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 2 303 W. Main Street Montour Falls, NY 14865 $8,000,000.00 TOMPKINS TRUST COMPANY Main Street Odessa, NY 14869 $8,000,000.00 CHASE MANHATTAN 1975 Lake Street Elmira, NY 14901 $8,000,000.00 COMMUNITY BANK, N.A. Watkins Glen Office 401 N. Franklin Street Watkins Glen, NY 14891 $8,000,000.00 Vote 8-0. RESOLUTION NO. 6 Motion by Larison, Second by Marcellus. RE: CONFORM TO "RULES OF PROCEDURE" BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, as amended on October 12, 1999, as amended on May 10, 2004, as amended on June 12, 2006, and as amended on January 1, 2007, be conformed to. Vote 8-0. RESOLUTION NO. 7 Motion by Larison, Second by Marcellus. RE: APPOINTMENT - CHIEF CORONER FOR 2010 BE IT RESOLVED, that this Legislature, upon the recommendation of the elected coroners, acknowledges and accepts the appointment of Blanche Borzell, M.D. as Chief Coroner for the year 2010, at an additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter. Vote 8-0. RESOLUTION NO. 8 Motion by Larison, Second by Marcellus. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2010. Vote 8-0. RESOLUTION NO. 9 Motion by Larison, Second by Yuhasz. RE: SCHEDULE OF SALARIES FOR 2010 BE IT RESOLVED, that the Schedule of Salaries for 2010, as attached hereto, be adopted, effective January 1, 2010, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2010 Salary Schedule. Vote 8-0. RESOLUTION NO. 10 Motion by Larison, Second by Yuhasz. RE: ADOPT PURCHASING POLICIES & PROCEDURES BE IT RESOLVED, that the Purchasing Policies & Procedures for 2008, as attached hereto, be adopted, effective January 1, 2010. Vote 8-0. RESOLUTION NO. 11 Motion by Larison, Second by Yuhasz. RE: APPOINTMENTS – 2010-2013 BE IT RESOLVED, that this Legislature acknowledges the following appointments by the following Elected Officials for the period commencing January 1, 2010 and terminating December 31, 2013: TITLE NAME NAME OF APPOINTED TITLE County Clerk Linda Compton Joy Ector Deputy County Clerk Sheriff William Yessman Breck Spaulding Undersheriff District Attorney Joseph G. Fazzary Mathew Hayden Chief Assistant District Attorney Josh Navone Assistant District Attorney Vote 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 3 RESOLUTION NO. 12 Motion by Karius, Second by Larison. RE: APPOINTMENT – HIGHWAY SUPERINTENDENT - 2010-2013 BE IT RESOLVED, that Gregory S. Mathews be appointed Highway Superintendent for a four-year term commencing January 1, 2010 and ending December 31, 2013. Vote 8-0. RESOLUTION NO. 13 Motion by Karius, Second by Larison. RE: APPOINTMENT – DEPUTY HIGHWAY SUPERINTENDENT – 2010-2013 BE IT RESOLVED, that this Legislature acknowledges the appointment by the Highway Superintendent, Gregory S. Mathews of Rodney Jaynes as Deputy Highway Superintendent for the period commencing January 1, 2010 and ending December 31, 2013. Vote 8-0. RESOLUTION NO. 14 Motion by Karius, Second by Larison. RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $1,000 FOR THE YEAR 2010 WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law (RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for refunds not exceeding $2,500, and WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director) the authority as stated under said law. NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the sum of $1,000 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2010, with the following provisions: 1. That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to corrections of errors and the refund or credit of taxes. 2. That on or before the 15th day of each month the Director shall submit to the Legislature a report of the corrections, refunds and credits processed by such official during the month, embodying in that report the information as required under aforesaid statute. 3. That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature. Vote 8-0. RESOLUTION NO. 15 Motion by Karius, Second by Larison. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY VOTING MACHINE TECHNICIANS/CUSTODIANS – BOARD OF ELECTIONS WHEREAS, Election Law Section 3-226 requires that Counties are responsible for obtaining and maintaining all election materials, equipment and appliances, including voting machines and that all expenses connected with elections and matters preliminary relating thereto, including compensation, shall be a county charge, and WHEREAS, Election Law Section 3-302 provides for the Board of Election to appoint as many voting machine technicians/custodians as shall be necessary for the proper preparation and repair of voting machines. It has been determined by the Schuyler County Board of Elections that in order to properly prepare, test and repair the machines in accordance with Section 6210.2, Routine Maintenance and Testing of Voting Systems, it is necessary to have two Democrat and two Republican Technician/Custodians. Under Section 6210.2 testing and maintenance is required quarterly, and WHEREAS, the Schuyler County Board of Elections has appointed Robert Benjamin, Chief Technician/Custodian (Republican); Ted Carleton, Technician/Custodian (Democrat) and Nicholas Clarke, Technician/Custodian (Democrat), all of whom have attended required training and are currently qualified to be Technicians/Custodians for the term January 1, 2010 – December 31, 2010. The Board is currently looking for another Republican Technician/Custodian, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 4 WHEREAS, the Board of Elections has set the rate of pay for said Technicians/Custodians at $20.00 per hour, as it was in 2009, with an additional stipend of $100 for the Chief Technician/Custodian, who is responsible for scheduling, organizing and overseeing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of Robert Benjamin, Chief Technician/Custodian, Ted Carleton and Nicholas Clarke as Technicians/Custodians all at the rate of $20.00 per hour with an additional compensation of $100 for the Chief Technician/Custodian, payable with the voucher for payment after the general election and further acknowledges the need for an additional Republican Technician/Custodian. Vote 8-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:13 a.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING JANUARY 11, 2010 The January 11, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Charles Tarsus, from Monterey said he is here regarding the Monterey Fire Department congregate meal site Resolution. See his statement on file in the Legislative Office. Ruth Young, former legislator, spoke regarding her concerns relative to the gas drilling and fracturing process. She discussed the joint development of a methane generator by her and her husband. She asked the Legislature to expand their thinking rather then we have got to drill. She discussed the costs of natural resources. She suggested that they all visit all the places where they have drilled to see what fracturing has done to the property. It is not pretty. There are other options. Think of our children, grand children and their children. We have sewer treatment plants, dairy farmers, pig farmers any farmer that produces organic waste, there is bacteria and we can produce methane from this. I am a conservative and I want to conserve. She asked the Legislature to look into methane generators. She stated, where there is organic waste, there is power. She feels that our Legislature could re-do this whole vision for New York State. Patty Meehan stood and thanked the Legislature for making 2010 the Year of the Nurses. She mentioned the various types of nurses we have in Schuyler County and how valuable they are to our community. Barbara Bell introduced herself as the County Historian and also thanked the Legislature for their support on behalf of the Historical Society. She then handed out a new brochure from the Historical Society and a journal about Jane Delano. Both documents are on file in the Legislative Office. RESOLUTION NO. 16 Motion by Lrison, Second by Yuhasz. RE: APPROVE THE MINUTES OF THE DECEMBER 28, 2009 YEAR END MEETING BE IT RESOLVED, that the minutes of the December 28, 2009 Year End Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLTUION NO. 17 Motion by Marcellus, Second by Larison. RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2010-PROBATION DEPARTMENT - PROBATION WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for 2010, and WHEREAS, the said Plan and Budget have been reviewed, and both appear to be in order and have been approved by the Public Safety / Criminal Justice Committee of this Legislature. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 5 NOW, THEREFORE, BE IT RESOLVED , that the 2010 Alternatives to Incarceration Service Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same upon approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council shall submit the same to the New York State Division of Probation and Correctional Alternatives for final approval. Vote 8-0. RESOLUTION NO. 18 Motion by Marcellus, Second Larison. RE: RESOLUTION REQUESTING THAT THE STATE AGRICULTURE AND MARKETS AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) COMPENSATE LOCAL SOIL & WATER CONSERVATION DISTRICTS FOR THEIR PART IN NATURAL GAS EXPLORATION MONITORING WHEREAS, the Southern Tier region of New York State will begin experiencing a natural gas exploration boom of unprecedented proportion once the draft SGEIS is completed by the NYSDEC, and WHEREAS, there will be a need for monitoring and mitigation expertise at the local level to respond to citizen complaints, and WHEREAS, the local Soil and Water Conservation Districts historically have been that contact locally for landowners and commercial agricultural producers, and WHEREAS, the local Soil and Water Conservation Districts have the necessary knowledge and expertise to monitor and inspect potential environmental issues in regards to Natural Gas exploration (including well pad development and associated pipeline activities), and WHEREAS, the local Soil and Water Conservation Districts have already in the past been involved in the field with pipeline complaints and mediation as well as erosion and sediment control review and have been compensated for their time from NYS and DEC. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the New York State Association of Conservation Districts and the New York State Employees Association in pursuing talks and begin negotiating with Agriculture and Markets and DEC to compensate the local Soil and Water Conservation District from permit fees associated with Marcellus drilling and responding locally to this new environmental and economic potential in NYS. BE IT FURTHER RESOLVED, that the Clerk to the Legislature forward certified copies of this Resolution to the above mentioned organizations. DISCUSSION: Legislator Larison explained that Schuyler County is not making the decision if Soil & Water received payment for their services. The DEC has requested that Soil & Water monitor the wells and he feels they should get paid for the services being provided. Legislator Fagan said the payment would not come from the State, it will come from the Soil & Water permits. Vote 8-0. RESOLUTION NO. 19 Motion by Marcellus, Second by Larison. RE: RECOGNIZE FEBRUARY 2010 AS AMERICAN HEART MONTH – PUBLIC HEALTH WHEREAS, some heart attacks are sudden and intense, but most start slowly with mild pain or discomfort, and WHEREAS, often the people affected aren’t sure what’s wrong and wait too long before getting help, and WHEREAS, recognizing the signs that can mean a heart attack is happening may save lives, and WHEREAS, those signs are chest discomfort in the center of the chest that lasts more than a few minutes or that goes away and comes back; discomfort in other areas of the upper body, such as pain or discomfort in one or both arms, the back, neck, jaw or stomach; shortness of breath, with or without chest pain and may include a cold sweat, nausea or lightheadedness, and WHEREAS some signs of stroke can include sudden numbness or weakness of the face, arm or leg, especially on one side of the body; sudden confusion, trouble speaking or understanding; sudden trouble seeing in one or both eyes; sudden trouble walking, dizziness, loss of balance or coordination or sudden, severe headache with no known cause. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 6 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes February 2010 as American Heart Month and encourages residents to recognize these warning signs and call 911 to get medical attention immediately. Vote 8-0. RESOLUTION NO. 20 Motion by Larison, Second by Fagan. RE: AUTHORIZE CONTRACT WITH GEORGIANNA PRICE FOR SPEECH AND LANGUAGE SERVICES FOR PRESCHOOL SPECIAL EDUCATION – PUBLIC HEALTH WHEREAS, Schuyler County is required to provide Preschool Special Education Services and Related Therapy Services to children determined to be in need of such services, and WHEREAS, Georgianna Price is able to provide the Related Therapy Services for children residing in Schuyler County, and WHEREAS, the rate for Related Therapy Services will be $65.00 per visit. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Georgianna Price for the provision of Children’s Preschool Therapy Services, effective December 1, 2009 through June 30, 2010, at the rate of $65 per visit, to be renewed annually, July 1, 2010 through June 30, 2011 funds available in the Public Health budget, account no. 2960.400, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 21A Motion by Yuhasz, Second by Marcellus. RE: MOTION TO AMEND RESOLUTION AUTHORIZING THE AGREEMENT WITH MONTEREY FIRE DEPARTMENT TO REMOVE THE COST - FAILED BE IT RESOLVED, that Resolution No. 21 be amended to remove the cost from the Resolution. Vote 3-5. Noes: Karius, Larison, Fagan, Field, Gifford RESOLUTION NO. 21 Motion by Larison, Second by Fagan. RE: AUTHORIZE AGREEMENT WITH MONTEREY FIRE DEPARTMENT AUXILIARY FOR USE OF KITCHEN AND DINING AREA FOR A CONGREGATE MEAL SITE – OFFICE FOR THE AGING WHEREAS, a request has been made by community members in the Monterey area to move the present congregate meal site from the Monterey Baptist Church to the Fire Hall, and WHEREAS, the Monterey Fire Department’s Auxiliary has charge of functions held at the Fire Hall and have agreed to the move, and WHEREAS, the Monterey Fire Department’s Auxiliary has offered the use of its facility at a nominal charge of $10.00 per day, and WHEREAS, the Office for the Aging has the funds in the III-C1 program to cover the associated expenses. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Monterey Fire Department Auxiliary to provide the location for a congregate meal site through the Schuyler County Office for the Aging through budget account no. 6772.0401 for the term of February 2, 2010 through December 31, 2010, said contract subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Halpin asked Chairman Gifford for the floor to address Mr. Tarsus. She said she is not in any way against old folks or any of the services the County offers them. What she is against is any additional spending until a plan is in place which will allow us to know where we are spending our funds. When I was campaigning, there wasn’t a person I spoke with that could continue to afford tax increases year after year. I support all of the OFA programs and am happy to support this Resolution. I also am willing to meet Mr. Tarsus in the parking lot or any other place of his choice. I plan to address Mr. States as well. Vote 7-1. No: Halpin. RESOLUTION NO. 22 Motion by Larison, Second by Fagan. RE: AUTHORIZE SUPPLEMENTAL AGREEMENT FOR THE RIGHT OF WAY AND PROPERTY APPRAISALS OF GENESEE BRIDGE REPLACEMENT- HIGHWAY WHEREAS, the replacement of PIN 6753.97, BIN 2254310, Genesee Street over Catharine Creek is a Federal-aid eligible project, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 7 WHEREAS, a supplemental agreement is necessary for additional Right of Way (ROW) survey’s and acquisitions, and WHEREAS, Fisher Associates have been retained for additional services for the replacement of this bridge. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to this supplemental agreement not to exceed $10,650.00 funding available in the 2010 budget account no. 5020.400, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the Just Compensation Report for property appraisals for Genesee Street Bridge, Town of Montour and set the minimum payment policy at $250.00. Contract and Reports subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 23 Motion by Karius, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR 2010 - HIGHWAY DEPARTMENT WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $35,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. NOW, THEREFORE, BE IT RESOLVED, that the Purchasing Specialist, in cooperation with the County Highway Superintendent, be authorized to advertise for bids for materials and supplies for 2010 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so authorized by County Resolution be allowed to participate in said bids. Vote 8-0. RESOLUTION NO. 24 Motion by Karius, Second by Larison. RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2010 through December 31, 2010, to wit: BARGAINING UNIT COMMITTEES County Administrator Human Resource Director Co-Chief Negotiators Committee Chair of Management & Finance CHILD CARE COORDINATING COUNCIL Barbara Halpin COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COUNCIL James Coleman, MD – Medical Director Elizabeth Hayes, RN Mike Yuhasz Pamela Larnard – Deputy Director Mental Health Marcia RN – Deputy Director Public Health Ruth Bedient, HHA – Member at Large Patty Secord – Office for the Aging Sarah Mathews – DSS John Bullett, ST – Speech Therapist Michael Sandritter, PT – Physical Therapist Linda Donelson, RN – Falls Home Camelia Oswald, RN – Public Health Jagmohan Singh, MD - Schuyler Hospital EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 8 Thomas Gifford, Chairman of the Legislature FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. Timothy Hicks, Watershed Inspector FIRE SAFETY BOARD Stewart F. Field. Jr., Legislator Larry States/Bill Mullaney, Monterey Jud Smith/Dominick Smith, Watkins Glen Don Hicks. Valois, Logan, Hector Al Buckland/Emery Kelly, Tyrone Mike Tomassi/John Jelliff, Odessa Tom Carson/Jason Hudson/Jim Ryan, Montour Falls Brian Gunning/Al Foote, Mecklenburg Curt Connelly/Jason Kelly, Burdett Tim Husdon, Beaver Dams INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Thomas M. Gifford, Chairman Glenn R. Larison, Legislature Stacy B. Husted, Clerk LOCAL EARLY INTERVENTION COORDINATING COUNCIL Nan Woodworth Shaw, WGCS District Lisa Crouch, Schuyler ARC Erik Miller, Provider Beverly Clickner, Social Services Pamela Larnard, Mental Health Jill EIM Nancy St. Julien, Parent Kim Seaman, Parent Marcia Early Intervention Official, Public Health JoAnn Fratarcangelo, Youth Bureau/Families First Michael Yuhasz, Legislature Patricia Hurld, NYS DOH Kathy Ector, Child Care Council SCOPED Thomas M. Gifford, Chairman PROFESSIONAL ADVISORY Mike Yuhasz SOIL AND WATER CONSERVATION BOARD Glenn R. Larison, Legislature Doris L. Karius, Legislature SOUTHERN TIER CENTRAL REGIONAL PLANNING BOARD Thomas Gifford Paul Marcellus YOUTH BOARD Ryan Albro – Youth Erik Ellison – Youth Maggie Lucero – Youth Vote 8-0. RESOLUTION NO. 25 Motion by Karius, Second by Larison. RE: TWO-YEAR APPOINTMENTS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 9 BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2010 through December 31, 2011, to wit: AUDITING COMMITTEE Dennis Fagan EMERGENCY MEDICAL AND HIGHWAY SAFETY Barbara Halpin ENVIRONMENTAL MANAGEMENT COUNCIL Paul Marcellus, Legislator John Q. Smith, Member at Large Daniel Teed, Member at Large Roxanne Leyes, Member at Large Jenna Hicks, County Planning Phil Jo Smith, Village of Montour Carmine Nicastro, Town of Tyrone Harold Russell, Town of Dix FINGER LAKES TOURISM ALLIANCE Paul Marcellus FISH & WILDLIFE MANAGEMENT BOARD Stewart F. Field, Jr., Legislator Ray Ector, Sportsman FOREST PRACTICE BOARD Glenn R. Larison Stewart F. Field, Jr. HUMAN SERVICES Barbara Halpin OFFICE FOR THE AGING ADVISORY COUNCIL Glenn R. Larison, Legislature Theodore Specchio Charles Tarshus Helen Marie Sipperley PLANNING COMMISSION Sue Knapp, Business Chad Hendrickson, Town of Reading Sharon Weidemer, Village of Montour Falls Miranda Polmanteer, Tourism QUEEN CATHARINE STEERING COMMITTEE Stewart F. Field, Jr. SCHUYLER HEAD START BOARD OF DIRECTORS Barbara Halpin SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Kelsey Jones Danielle Hautaniemi Jim Curatolo Vote 8-0. RESOLUTION NO. 26 Motion by Larison, Second by Marcellus. RE: THREE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2010 through December 31, 2012, to wit: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 10 ECONOMIC OPPORTUNITY PROGRAM Bill Weiss EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Nicholas Dugo, Justice Court Jason Kelly, Fire/Ambulance Charles Franzese, Engineer Thomas Struble, Watkins Glen Police Chief William Kennedy, Fire Bureau/Civil Defense RSVP ADVISORY COUNCIL Glenn R. Larison SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA Jerry B. Gapp Carl H. Blowers YOUTH BOARD Barbara Halpin Father Michael Hartney –District II Jeff Lydon – District III Sally Daniels – Member at Large Paul Marx – Member at Large Vote 8-0. RESOLUTION NO. 27Motion by Larison, Second by Marcellus. RE: FOUR-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2010 through December 31, 2013, to wit: AGRICULTURE & FARMLAND PROTECTION BOARD Doris Karius ALCOHOLISM AND SUBSTANCE ABUSE Patricia Hastings Marcia Bill Yessman AUDITING COMMITTEE Barbara Halpin COMMUNITY SERVICES BOARD Glenn Larison Marcia Cheryl Pruett, PhD COOPERATIVE EXTENSION SERVICES Doris Karius LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT Gordon Shafer, Lamoka Lake Resident Vickie Town of Orange Representative MENTAL HEALTH SUBCOMMITTEES Lori Phillips John Hayes MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES Glenn R. Larison Gretchen Silliman Sandra Just Vote 8-0. RESOLUTION NO. 28 Motion by Larison, Second by Marcellus. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 11 RE: APPOINTMENTS TO BOARDS WITH NO TERMS BE IT RESOLVED, that the following individuals be appointed to the following boards effective January 1, 2010: EMPLOYEE ASSISTANCE PROGRAM (EAP) Barbara Halpin HEALTH INSURANCE REVIEW COMMITTEE Paul Marcellus RURAL TRANSPORTATION COMMITTEE Glenn Larison LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT Jerry Verrigni, Ex Officio Vote 8-0. RESOLUTION NO. 29 Motion by Larison, Second by Marcellus. RE: AUTHORIZE DECREASING THE HOURS AND SALARY OF A FULL-TIME ASSESSOR POSITION REAL PROPERTY TAX WHEREAS, the Real Property Tax Director has requested that the full-time assessor position currently held by Beverly Morley be reduced to 28 hours per week. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes reducing the hours of one full-time Assessor position from 35 to 28 hours per week, and that the salary for this position be reduced to $38,569, effective January 18, 2010. Vote 8-0. RESOLUTION NO. 30 Motion by Larison, Second by Marcellus. RE: PROCLAIM 2010 AS THE YEAR OF THE NURSES WHEREAS, there are more that 15 million nurses worldwide, over 19,000 in New York State and over 1000 in Schuyler County untiringly promoting and providing for the health of individuals, families, communities, Counties worldwide, and WHEREAS, the year 2010 marks the centennial anniversary of the death of Florence Nightingale, “the Lady with the Lamp”, and WHEREAS, Miss Nightingale established the foundations of modern nursing and nursing education, she was an articulate public communicator, community and social activist, environmentalist and ardent advocate for human rights and worldwide reform, and WHEREAS, Schuyler County had its own “nightingale” born in 1862 in Townsend, Town of Dix. Her name was Jane Delano. Jane helped combat the outbreak of Yellow Fever in the State of Florida as well as Typhoid Fever in the State of Arizona. Jane Delano devoted her working career to helping the ill and heath education. WHEREAS, today over 80% of all health care worldwide is delivered by nurses, and WHEREAS, it is appropriate that the Schuyler County Legislature support professional nurses in Schuyler County, also well as in our global community, thanking them for their dedication and for continuing the support Nightingale and Delano’s vision of nursing. A quote from Nightingale, “In the future which I shall not see, for I am old, may a better way be opened! May the methods by which every infant, every human being, will have the best chance at health, the methods by which every sick person will have the best chance at recovery be learned and practiced.” NOW, THERFORE, BE IT RESOLVED, that the Schuyler Count Legislature does hereby proclaim the year of 2010 to be The Year of the Nurses. Vote 8-0. RESOLUTION NO. 31 Motion by Karius, Second by Halpin. RE: MOTION TO BRING TWO ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two additional Resolutions be brought to the floor. Vote 8-0. RESOLUTION NO. 32 Motion by Larison, Second by Fagan. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 12 HECTOR WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcels 12.00-1-42.11 and 12.00-1-42.12, owned by Bond in the Town of Hector, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that these bills both included a relevied school tax that was previously paid, and WHEREAS, the incorrect relevies on these parcels constitute clerical errors as defined in RPTL Section 550(2)h, and WHEREAS, it is the recommendation of the Director of Real Property Tax to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $2,057.34 for parcel 12.00-1-42.11 and a current amount due of $1,555.74 for parcel 12.00-1-42.12, and BE IT FURTHER RESOLVED, that corrected bills be issued in those amounts, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Hector. Vote 8-0. RESOLUTION NO. 33 Motion by Larison, Second by Fagan. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF ORANGE WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 92.00-2-22.1, owned by the Towner Living Trust in the Town of Orange, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that the assessment on this parcel includes the value of an improvement that was present on a different parcel, and WHEREAS, the incorrect assessment constitutes an error in essential fact as defined in RPTL Section 550(3)(b), and WHEREAS, it is the recommendation of the Director of Real Property Tax to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the tax roll and warrant be adjusted to reflect a current amount due of $24.20 for parcel 92.00-2-22.1, and BE IT FURTHER RESOLVED, that a corrected bill be issued in that amount, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town of Orange. Vote 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Marcellus wished to publically thank Kate Bartholomew and the Environmental Management Council for all of their efforts with the Gas Drilling issue. Everything that has been filed is very complete and represented all interested parties. They have asked the DEC to address every concern. He also reported that he recently rode the TCAT bus to Ithaca and it was a very pleasant experience. The driver greeted everyone and the passengers were very friendly. He didn’t realize you needed the exact change to ride the bus and all he had was a $10.00 bill. One of the passengers offered to pay his fare. He thanked everyone who participated in getting this service completed. Legislator Fagan thanked Mr. Tarsus for attending as well as his achievements. He pointed out that the $10.00 fee to the Fire Department is 90% funded and is only a 10% local share. The Net of this Resolution is only $45.00 per year. He informed Mr. Tarsus that the fire department has agreed to not charge the County for the use of their site. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 13 COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the County received the go ahead on Friday to purchase the buses for the transportation program. He passed a flyer around, which is on file in the Legislative Office. Option three is what we will be ordering. They are waiting on clarification on the differences with the various options. We are on target for early summer for public transportation service. He also reported that the bond sale for the Shared Public Works Facility went well. We did the first three years at 3.5% interest and the remaining life of the bond at 4.5%. The Council of Governments meets on the 27th of this month. A task force was formed for the interest in Gas Drilling. They are looking at critical areas. The preliminary reports will be delivered to the council as a whole. They will continue to work and come up with some sort of a road map. I’d encourage all of you to attend. Legislator Fagan asked for clarification relative to the bus implementation. There isn’t a local share now correct? O’Hearn said, yes, it will all be paid for from State and Federal Grant funds. He explained the funding streams. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:07 p.m. Jamee L. Mack, Deputy Clerk REGULAR MEETING FEBRUARY 10, 2010 The February 10, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Karius who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 34 Motion by Larison, Second by Yuhasz. RE: APPROVE THE MINUTES OF THE JANUARY 6, 2010 ORGANIZATIONAL MEETING AND THE JANUARY 11, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the January 6, 2010 Organizational Meeting and the January 11, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 35 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH BLUE WING PROFESSIONAL CONSULTING SERVICES FOR THE 911 COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT WHEREAS, the current Public Safety Communication System is inadequate to meet current and future communications needs, and WHEREAS, the Communication System is the lifeline for emergency responders including Law Enforcement, Fire Service, Emergency Medical Service and Public Works as well as essential to public safety, and WHEREAS, technical expertise is needed to assess our Public Safety Communication System needs and provide recommendations for enhancements to meet our needs and FCC narrow banding requirements, and WHEREAS, Blue Wing Professional Consulting has agreed to provide consultant services to the County at a cost not to exceed $30,500. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Blue Wing Professional Consulting for the Emergency Management Department for Public Safety Communications Consulting Services, at a cost not to exceed $30,500 funding available in the E- 911 reserve fund, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 36 Motion by Larison, Second by Field. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 14 RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010/2011 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated prosecutor for violence against women, and WHEREAS, this Grant is in the amount of $37,855, with no local match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2010/2011 NYS Violence Against Women Grant (VAWG), and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds in the amount of $37,855, with no local match, said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 37 Motion by Larison, Second by Field. RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR ONE NEW VEHICLE – SHERIFF’S OFFICE WHEREAS, money has been appropriated to lease one new vehicle for the Sheriff’s Office, and WHEREAS, such lease has been obtainable through the State bidding procedure. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for one 2010 Dodge Charger, through the State leasing procedure in the total amount of $8,199.39 annually, funding available in each budget year account no. 3110.204, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 38 Motion by Larison, Second by Marcellus. RE: AUTHORIZE AGREEMENT WITH BLACK CREEK INTEGRATED SYSTEMS FOR MAINTENANCE OF JAIL MANAGEMENT SYSTEM SOFTWARE – SHERIFF’S OFFICE WHEREAS, in 2009 the New York State Division of Criminal Justice Services ceased support of their Jail Management System, and WHEREAS, the New York State Division of Criminal Justice Services contracted with Black Creek Systems to provide a new Jail Management System to county jails within New York State and provided funding for the changeover, and WHEREAS, Schuyler County is now responsible for entering into a contract with Black Creek Systems for software maintenance of the new system and funding is included in the 2010 budget for maintenance. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement for 2010 with Black Creek Integrated Systems for software maintenance of the Jail Management System in the amount of $9,739.75, funding is available in the 2010 budget year account no. 3150.0400, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 39 Motion by Larison, Second by Marcellus. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2010 RESCINDING LOCAL LAW NO. 6 OF THE YEAR 2008 ESTABLISHING SEX OFFENDER RESIDENCY RESTRICTIONS WHEREAS, the courts have determined that Schuyler County’s Local Law No. 6 of the Year 2008 is not enforceable and therefore needs to be rescinded. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. of the year 2010 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on March 8, 2010 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 15 LOCAL LAW INTRO NO. 1/LOCAL LAW NO. OF THE YEAR 2010 A Local Law to rescind Local Law No. 6 of the Year 2008 Establishing Sex Offender Residency Restrictions. Be it enacted by the Legislature of the County of Schuyler that Local Law No. 6 of the Year 2008 is hereby rescinded. Vote 7-0. RESOLUTION NO. 40 Motion by Larison, Second by Marcellus. RE: AUTHORIZE THREE-YEAR APPOINTMENT TO THE FINGER LAKES TOURISM ALLIANCE BOARD BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of John Pulos to the Finger Lakes Tourism Alliance Board, for the term January 1, 2010 through December 31, 2012. Vote 7-0. RESOLUTION NO. 41 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center program, and WHEREAS, funding is needed for contracting for continued program development, oversight and maintenance, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, there is no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts, subject to review of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 42 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, there is a vacancy on both the Community Services Board and the Mental Health Subcommittee, and WHEREAS, Florence Osterhout has expressed interest in serving on both the Board and the Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Florence Osterhout to both the Community Services Board and the Mental Health Subcommittee for the remainder of the term from February 9, 2010 through December 31, 2013. Vote 7-0. RESOLUTION NO. 43 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging (NYSOFA) has mandated that various records that are required to be maintained in the provision of services by this Office be electronically compiled, stored, and transmitted in certain electronic format, and WHEREAS, the software package to be used and that is highly encouraged by NYSOFA is SAMS (Social Assistance & Management System) which is manufactured, sold, and serviced by Harmony, and WHEREAS, this Office has purchased SAMS which has been in use in this Office since 2005, and WHEREAS, there is money available in the 2010 Central Data Processing budget account 1680.0400 for said project. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 16 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Harmony Information Systems, Inc. to provide the necessary user licenses and implement software products to procure related services in the amount of $5,863.00 for the term of February 1, 2010 through January 31, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 44 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING THE 2010 BUDGET FOR HIICAP FUNDS – OFFICE FOR THE AGING WHEREAS, the revised final allocation for the Health Insurance Information, Assistance and Counseling Program (HIICAP) provides an increase in the base allocation as well as additional monies based on a performance measure for the 2009-10 program year, and WHEREAS, New York State received the second highest performance award in the nation based on reported performance measures as recognized by the Centers for Medicare and Medicaid Services (CMS), and WHEREAS, the Director of the New York State Office for the Aging has distributed the additional funds amongst the HIICAP programs in the State to be used for counseling services and additional outreach through increased advertising and other means, and WHEREAS, additional funds of $6,000 from MIPPA (Medicare Improvements for Patients and Providers Act) was already received and approved in August 2009, and WHEREAS, the additional funds would increase the HIICAP grant from the original tentative allocation of $29,901 to $41,471 within the HIICAP program with no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2010 OFA budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$5,570.00 6772.3772 State Aid-Programs for the Aging +$2,070.00 6772.401 Contractual Expense – Misc. +$3,500.00 6772.438 Supplies Vote 7-0. RESOLUTION NO. 45 Motion by Larison, Second by Halpin. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES (OCFS) - SOCIAL SERVICES WHEREAS, the New York State Office of Children and Family Services was awarded a grant in the amount of $2,588,465 for services and expenses to support and enhance caseworker visits to children who are in foster care, and WHEREAS, Schuyler County Department of Social Services was selected by OCFS to participate in this Casework Contact project, and WHEREAS, OCFS and Schuyler County Department of Social Services have formed a partnership to use portable information technology to enhance delivery of child welfare and foster care services, and WHEREAS, OCFS wishes to provide Schuyler County Department of Social Services with additional resources in support of using portable information technology to enhance compliance with the Child and Family Services Improvement Act and delivery of child welfare, foster care services, and the ability to access the benefits of technology, and WHEREAS, the Schuyler County Department of Social Services has received four laptop computers worth $4,247.12, purchased by OCFS with a portion of their $2,588,465 grant. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be hereby authorized to execute a Memorandum of Understanding with the New York State Office of Children & Family Services starting December 1,2009 and continuing until termination, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 46 Motion by Larison, Second by Halpin. RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY OFFICE FOR THE AGING FOR HEAP SERVICES – SOCIAL SERVICES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 17 WHEREAS, the Department of Social Services has funding available through the New York State Office of Temporary and Disability Services for the provision of heat for qualified residents of Schuyler County, and WHEREAS, the Schuyler County Office for the Aging has experience with the HEAP process and has agreed to provide assistance with the program so residents of Schuyler County can be serviced quickly. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement between the Department of Social Services and the Schuyler County Office for the Aging for HEAP services with a term of November 4, 2009 through January 13, 2010, at the rate of $10.00 per hour for a maximum of $1,500, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 47 Motion by Larison, Second by Field. RE: AUTHORIZE 2010 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS WHEREAS, New York State passed Chapter 135 a law that was signed by the Governor on May 23, 1983, which declares Schuyler County to have Home Rule pursuant to Article IX, Section 2 of the Constitution, and WHEREAS, New York State Alienation Guide to Municipal Parks, Section F. 3. requires that any park fee must not be in excess of those charges for comparable facilities in the area, and WHEREAS, the Schamel Brothers lease, Section 5. requires the fees charged by the lessee to be approved the Schuyler County Legislature. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 2010 Seasonal Rate Schedule for its 145 available slips: 2010 SUMMER RATES SLIP WIDTH SLIP FEE WATER & ELECTRIC 8' $1,390.00 $100.00 10' $1,550.00 $100.00 12' $1,650.00 $100.00 14' $1,750.00 $100.00 16' $1,750.00 $100.00 20 AMP ELECTRICAL SERVICE: $100.00 30 AMP ELECTRICAL SERVICE: $150.00 DRY DOCK WITH UNLIMITED USE OF LAUNCH RAMP: $450.00 2010 TRANSIENT DOCK (UP TO 30 FT) WITH 30 AMP ELECTRIC Per Hour : $ 4.00 Per Day: $ 40.00 Per Week: $175.00 Per Month: $600.00 50 AMP Electric add an additional $10.00 LAUNCH RAMP FEES $4.00 Per Launch (Tenants: No Charge) $45.00 Unlimited Usage (October 31 through March 1st) TRUCK CRANE Tenants: $65.00 per Usage (plus tax) Non-Tenants $75.00 per Usage (plus tax) At the dock: $15.00 per foot. Use of bubbler system is allowed with electrical charges billed additionally. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 18 On land: $10.00 per foot. Haul In/Out Charges: $5.00 per foot each way. SUMMER STORAGE RATES On land: $10.00 per foot. MISCELLANEOUS RATES AND CHARGES SEASONAL RATES: The Village Marina Seasonal Rates for Summer 2010 apply to the period beginning April 15, 2010 and continuing through October 30, 2010. Any seasonal tenants who do not plan to haul out or store with us, and are still in the water after these dates will be assessed a service charge of $5.00 per day, for each day until the boat is removed. PUMP OUT: $5.00 Per Pump Out (Tokens available at Village Marina Bar & Grill) TRAILER / CRADLE FEE: Minimum $30.00 Charge includes handling and storage of cradles and trailers. Fee is billed annually with winter storage. Vote 7-0. RESOLUTION NO. 48 Motion by Larison, Second by Field. RE: AUTHORIZE ABOLISHING THE FULL-TIME LEAD CLEANER POSITION AND CREATE AND FILL ONE FULL-TIME CLEANER POSITION – BUILDINGS AND GROUNDS WHEREAS, the Building Maintenance Supervisor has determined that the vacant full-time Lead Cleaner position is not needed and can be abolished at this time, and WHEREAS, an additional full-time cleaner position in the department is required to adequately clean the 100,000 sq. ft in 5 different county facilities instead, and WHEREAS, the Buildings and Grounds Department is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2010 budget. NOW, THEREFORE, BE IT RESOLVED, that the Buildings and Grounds Department is hereby authorized to create and fill one full-time Cleaner position at an hourly rate of $11.27 to be placed in Grade 1 as set forth in the CSEA Administrative Unit Contract, effective immediately, and BE IT FURTHER RESOLVED, that the full-time Lead Cleaner position will be abolished upon filling this newly created full-time Cleaner position. Vote 7-0. RESOLUTION NO. 49 Motion by Larison, Second by Field. RE: AUTHORIZE LEASE AGREEMENT WITH C.P. WARD, INC. - BUILDINGS AND GROUNDS WHEREAS, Schuyler County has an unoccupied building at 336 West Main Street, Montour Falls, and WHEREAS, C.P. Ward, Inc., 100 W. River Road, Scottsville, NY 14546, is seeking office space to rent for the NYSDOT engineers office as required by their contract to replace the bridge over Catherine Creek on State Route 224, and WHEREAS, C.P. Ward, Inc. requires 600 square feet of office space for nine months starting February 15, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a nine-month contract with C.P. Ward, Inc., at a payment of $610 per month, on the East side of the building located at 336 West Main Street, Montour Falls, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 50 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SCHUYLER COUNTY PUBLIC HEALTH/WATERSHED - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 405-09 authorized the Chairman of the Legislature to enter into a lease agreement with the Schuyler County Watershed Department for the duration of the Shared Services Building debt service, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 19 WHEREAS, the utilities clause in the lease is incorrect and personnel services for a receptionist position was also not included in the original lease causing the lease agreement to be amended. NOW, THEREFORE, BE IT RESOLVED, that the lease agreement is to be amended as follows: Utilities: The TENANT shall be invoiced quarterly for insurance, utilities, and cleaning for the Premises based on percentage of square feet times the cost incurred. Reception Services: The TENANT shall be invoiced for the prorated services of a full time receptionist based on the cost incurred versus the time allocated to tenant. Said expenses to be billed by and remitted to the Highway Department, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 51 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING THE LEASE AGREEMENT WITH THE VILLAGE OF WATKINS GLEN- BUILDINGS AND GROUNDS WHEREAS, Resolution No. 407-09 authorized the Chairman of the Legislature to enter into a lease agreement with the Village of Watkins Glen for the duration of the Shared Services Building debt service, and WHEREAS, the utilities clause in the lease is incorrect and personnel services for a receptionist position was also not included in the original lease causing the lease agreement to be amended. NOW, THEREFORE, BE IT RESOLVED, that the lease agreement is to be amended as follows: Utilities: The TENANT shall be invoiced quarterly for insurance, utilities, and cleaning for the Premises based on percentage of square feet times the cost incurred. Reception Services: The TENANT shall be invoiced for the prorated services of a full time receptionist based on the cost incurred versus the time allocated to tenant. Said expenses to be billed by and remitted to the Highway Department. BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 52 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SCHUYLER COUNTY WEIGHTS AND MEASURES - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 406-09 authorized the Chairman of the Legislature to enter into a lease agreement with the Schuyler County Weights and Measures Department for the duration of the Shared Services Building debt service, and WHEREAS, the utilities clause in the lease is incorrect and personnel services for a receptionist position was also not included in the original lease causing the lease agreement to be amended. NOW, THEREFORE, BE IT RESOLVED, that the lease agreement is to be amended as follows: Utilities: The TENANT shall be invoiced quarterly for insurance, utilities, and cleaning for the Premises based on percentage of square feet times the cost incurred. Reception Services: The TENANT shall be invoiced for the prorated services of a full time receptionist based on the cost incurred versus the time allocated to tenant. Said expenses to be billed by and remitted to the Highway Department. BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 53 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SCHUYLER COUNTY HIGHWAY DEPARTMENT - BUILDINGS AND GROUNDS WHEREAS, Resolution 408-09 authorized the Chairman of the Legislature to enter into a lease agreement with Schuyler County Highway Dept. for the duration of the Shared Services Building dept service, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 20 WHEREAS, the Utilities clause is incorrect in the original lease causing the lease agreement to be amended. NOW, THEREFORE, BE IT RESOLVED, that the lease agreement is to be amended as follows: Utilities: The TENANT shall be invoiced quarterly for insurance, utilities, and cleaning for the Premises based on percentage of square feet times the cost incurred. BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 54 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE CURRENT INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF WATKINS GLEN ADDING THE PERSONNEL COSTS ASSOCIATED WITH THE ADDITION OF A FULL-TIME INFORMATION PROCESSING SPECIALIST POSITION – HIGHWAYDEPARTMENT WHEREAS, the County now employs a full-time Information Processing Specialist position at the Schuyler County Highway Department, and WHEREAS, the County has already entered into an Inter-municipal Agreement with the Village of Watkins Glen to share maintenance and operational expenses for the new Shared Public Works Facility, and WHEREAS, an amendment to Section 4.B Operating Expenses is required to add the Personnel Services of a receptionist position held by the Information Processing Specialist as it is not addressed in the current agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the amended Inter-municipal Agreement with the Village of Watkins Glen in order to invoice them for the prorated services of a full time receptionist based on the cost incurred versus the time allocated, subject to approval by the County Attorney. Vote 7-0. RESOLUTION NO. 55 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) NATURAL RESOURCES CONSERVATION SERVICE (NRCS) FOR THE FARM AND RANCH LANDS PROTECTION PROGRAM (FRPP) WHEREAS, USDA funds to support the purchase of agricultural conservation easements, known as the Farm and Ranch Lands Protection Program (FRPP), are now available to New York State farms, and WHEREAS, in 2008 Schuyler County submitted a successful application to New York State's Farmland Protection Program to finance the purchase of agricultural conservation easements for the approximately 70 acre Argetsinger Farm, located in the Town of Hector, and WHEREAS, on a case-by-case basis, New York State Department of Agriculture and Markets will allow use of the FFRP funds as a match to make up the 25% local share required within the State grant program, a figure estimated at approximately $145,000 for the Argetsinger Farm project, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board, consistent with the goals and policies set forth in Schuyler County's 1999 and 2008 Agricultural Development and Farmland Protection Plans recommends that Schuyler County move forward with an application to the FRPP for the Argetsinger Farmproject. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County authorizes application to the 2010 FRPP in the amount of approximately $145,000, with Schuyler County as the primary applicant, and the Finger Lakes Land Trust as the secondary applicant partner, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said grant application and award, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 56 Motion by Fagan, Second by Halpin. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 21 RE: AUTHORIZE ABOLISHING A SENIOR CLERK POSITION AND THE CREATION AND FILLING OF A FULL-TIME SENIOR MOTOR VEHICLE LICENSE CLERK POSITION IN THE DEPARTMENT OF MOTOR VEHICLE (DMV) – COUNTY CLERK WHEREAS, the position of Senior Clerk in the DMV has become vacant due to a retirement as of January 29, 2010, and WHEREAS, the DMV is in need of a more supervisory position in the absence of the Motor Vehicle Bureau Supervisor, and WHEREAS, the Personnel Officer has recommended the title of Senior Motor Vehicle License Clerk, and WHEREAS, the position of Senior Clerk would be abolished effective upon filling the newly created position, and WHEREAS, the County Clerk is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2010 budget. NOW, THEREFORE, BE IT RESOLVED, that the County Clerk is hereby authorized to create and fill one full-time Senior Motor Vehicle License Clerk position at an hourly rate of $14.90, to be placed in Grade 5, as set forth in the CSEA Administrative Union Contract, effective immediately. Vote 7-0. RESOLUTION NO. 57 Motion by Fagan, Second by Halpin. RE: AUTHORIZE AMENDING SCHUYLER COUNTY INSURANCE STANDARDS – COUNTY ATTORNEY’S OFFICE WHEREAS, County insurance standards were adopted by Resolution in 1988 and amended by Resolution No. 95-2004, and WHEREAS, there is a need to clarify the additional insured requirement. NOW, THEREFORE, BE IT RESOLVED, that the requirement for listing Schuyler County as an additional insured shall be construed as follows: “The County designation as an additional insured shall apply to all legally permissible policy coverage categories (except medical professional liability) and may not be limited in any way. This policy is intended to apply generally, but not limited to, the following coverage categories: General Liability, Auto, Professional Liability, Excess/Umbrella Coverage and to prevent insurers from restricting or limiting coverage to a particular category.” Vote 7-0. RESOLUTION NO. 58 Motion by Fagan, Second by Halpin. RE: AUTHORIZE CONVEYANCE OF THE YACHT CLUB PROPERTY IN THE VILLAGE OF MONTOUR FALLS MARINA TO THE VILLAGE OF MONTOUR FALLS – COUNTY ATTORNEY WHEREAS, in the 2009 Tax Foreclosure, the County of Schuyler came into ownership of a building formerly owned by the Montour Falls Yacht Club, and WHEREAS, the building is located on lands presently leased to the Village of Montour Falls by the State of New York, and WHEREAS, the Village of Montour Falls has made an offer to acquire the building in the amount of $4,277.62. NOW, THEREFORE, BE IT RESOLVED that the County of Schuyler hereby accepts the offer in the amount of $4,277.62 and conveys the building located in the Village of Montour Falls formerly known as The Yacht Club to the Village of Montour Falls, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to execute the acceptance of the Village offer immediately and that the Schuyler County Attorney prepare the appropriate conveyancing documents in due course thereafter. Vote 7-0. RESOLUTION NO. 59 Motion by Fagan, Second by Marcellus. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS –TREASURER ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 22 WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Department 5620 911 Communications System (1997) Building & Grounds 5785 Dell Computer Optiplex DF56P61 Building & Grounds 6030 Dell Computer 230205738 Building & Grounds 5509 HP Laserjet 2300 Building & Grounds 5766 Dell Optiplex GX270 2B58D61 Office for the Aging 6069 Dell Optiplex GX620 Office for the Aging SURPLUS Asset # Description Department 6199 2000 Ford Crown Victoria 2FAFP71W0YX200655 Sheriff 6200 2001 Ford Crown Victoria 2FAFP71W00X180633 Sheriff 6202 2001 Ford Crown Victoria 2FAFP71WX1X180632 Sheriff NONE 1995 Chevy Caprice 1G1BL52P65R188554 Sheriff 4956 2001 Ford Taurus Wagon 1FAHP58251G265433 Highway 3302 Portable Truck Scale SN 870926 Sheriff 3303 Portable Truck Scale SN 870925 Sheriff 3304 Portable Truck Scale SN 870958 Sheriff 3305 Portable Truck Scale SN 870959 Sheriff 3306 Portable Truck Scale SN 870938 Sheriff 3307 Portable Truck Scale SN 870906 Sheriff Vote 7-0. RESOLUTION NO. 60 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH DAN F. BIZZELL FOR DATA COLLECTION AND VALUATION SERVICES – REAL PROPERTY TAX WHEREAS, the County is in need of data collection and valuation services to facilitate the reassessment project in the Towns of Catharine and Montour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Daniel F. Bizzell of Associated Appraisal Services for the Real Property Tax Service Agency for data collection services for the term February 10, 2010 through April 30, 2010, at a per diem cost of $125 plus mileage at the appropriate IRS rate, not to exceed $8,000, funding available in the 2010 Real Property Tax budget account no. 1355.400, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 61 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE TWO–YEAR APPOINTMENTS TO THE ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Edward A. Parker as the Village of Odessa representative and Adriana Hirtler as the Village of Burdett representative to the Environmental Management Council, for the term January 1, 2010 through December 31, 2011. Vote 7-0. RESOLUTION NO. 62 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE ONGOING CONTRACT WITH L-1 IDENTITY SOLUTIONS FOR ELECTRONIC FINGERPRINTING – SHERIFF’S OFFICE WHEREAS, effective January 1, 2010 the New York State Division of Criminal Justice Services will no longer accept ink fingerprint submissions, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 23 WHEREAS, the Sheriff’s Office does not have the capability to take electronically scanned fingerprints for civil reasons, and WHEREAS, L-1 Identity Solutions wishes to enter into a contract with the Sheriff’s Office as an electronic fingerprinting site, and WHEREAS, L-1 Identity Solutions will provide the necessary equipment at no cost to the county, and pay the Sheriff’s Office a fee per fingerprint applicant. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an ongoing contract with L-1 Identity Solutions on behalf of the Sheriff’s Office for providing fingerprinting services, subject to approval of the Schuyler County Attorney. Vote 7-0. NEW BUSINESS: Legislator Larison reported on the Resolutions that passed at the New York State Association of Counties (NYSAC) Conference today. One specific Resolution was discussed and passed without it actually even being in written form. It was regarding the Industrial Development Agencies (IDA) being taxed by New York State on 2008 Revenues. He felt it was something that all legislators should be made aware of. Chairman Gifford said our IDA received a bill just yesterday. Administrator O’Hearn said the invoice received was in the amount of $13,000.00. Chairman Gifford explained that some IDA’s were even taxed on the pass through revenues. There will be a Resolution from NYSAC coming for us to pass also. The Clerk of the Legislature said she would be sure to pass out copies once they receive the Resolution from NYSAC. Administrator O’Hearn said it was incorporated into the State’s 2009-2010 budget on a bill or something that no one caught. There was never any mention of it through the budget process. Legislator Fagan said Sean Griffin, the IDA’s Attorney, sent out a detailed memo regarding this in an email. He asked that all legislators receive a copy. Attorney Coleman also requested a copy. Legislator Larison also said there was a Resolution for the completion of I86 corridor and the funding adopted at NYSAC. UNFINISHED BUSINESS: Legislator Yuhasz asked about the status of filling the upcoming vacant Building Maintenance Supervisor position. Administrator O’Hearn said there is a meeting scheduled after the February Public Works Committee meeting with the Chairman of that committee, the current Building Maintenance Supervisor and the Information Technology Director. He plans to advertise for the position the first week of March. He will be asking the Legislature to create a temporary position by Resolution to allow for one month’s training. REPORT ON STANDING COMMITTEES: Chairman Gifford reported that Legislator Larison was awarded a Pelletier Institute Program Degree at the NYSAC conference this week. He completed the program sponsored by NYSAC and Cornell University. Legislator Marcellus reported that there is an open house at the Montour House this Friday. The Clerk of the Legislature said everyone received copies of a Resolution from Chenango County and a memo from NYSAC requesting our County to adopt a resolution in support of a bill to allow all counties to enter into land lease agreement longer than a term of five years whether they are a charter or non-charter County. Chairman Gifford asked that it go through the Community Development & Natural Resources committee this month. MOTION by Legislator Fagan, SECOND by Legislator Field to go into Executive Discussion to discuss Union Negotiations. Motion carried seven ayes to zero noes. MOTION by Legislator Fagan, SECOND by Legislator Field to come out of Executive Session. Motion carried seven ayes to zero noes. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the Town of Hector has exercised their right to withdraw from the County’s health insurance plan for 2010. In doing so, they incurred and paid the penalty in December per contract. Now, the Town Supervisor, Mr. Ben Dickens, has since changed his mind and decided that the Town should not have paid this penalty and now wants a refund. The County Attorney does not agree. He told Mr. Dickens that he would take it to the Legislature. He explained to the Legislature that the penalty is to cover the first six months of claim run out. Attorney Coleman said he will share his written response to the town with the Legislature. Legislator Marcellus asked how much money was paid for the penalty. O’Hearn said it was ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 24 $50,000.00 and this may not cover their run out. The claims paid could exceed this amount. He would be in support of a refund it if after all of the claims have been paid and the amount is more than expended, the County could reimburse them the difference. Attorney Coleman stated that it is a matter of what was intended at the time of the agreement. On previous occasions, the County has been stuck. The intent of the penalty was to cover claim run out expenses. Legislator Halpin then asked if there are any programs to provide help and promote good health for our employees. Administrator O’Hearn explained that Legislator Marcellus has been pushing this and it has been discussed. He explained that currently the County does offer initiatives through the Health Department, with wellness checks for blood pressure, cholesterol, etc. Legislator Halpin asked if any of our employees participate in the Schuyler Steps out Program. O’Hearn said yes. Legislator Halpin then asked if the County did offer those types of benefits, would it have to be negotiated? O’Hearn said it all depends. If the County asks them to trade off something for this, then yes, it would have to be negotiated. Legislator Marcellus explained the Safeway Company program and their health initiatives and that their health care cost remained flat over a five year period. He also explained to Legislator Halpin that this topic has been deferred to the Health Insurance Review Committee for discussion this year. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:13 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING MARCH 8, 2010 The March 8, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislator Halpin who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. 6:45 P.M. PUBLIC HEARING LOCAL LAW INTRO NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2010 RESCINDING LOCAL LAW NO. 6 OF THE YEAR 2008 ESTABLISHING SEX OFFENDER RESIDENCY RESTRICTIONS: Kristen Hansen, a former owner of a child day care facility, asked the legislators as they consider rescinding this local law, to hear her own experience with running a day care facility in Schuyler County. She has since closed the day care, but during the time it was in operation, she had allowed the children near a sex offender. She was not aware of this at the time and had even allowed this person on the property. Child care and sex offenders do not mix well. She feels something needs to be done. She urged them to contact the State Legislators. She said there is legislation that is pending that she feels needs to be put in place. She believes as a County, the Legislature can notify people of sex offenders as vulnerable entities. She stated that Schuyler County has a Sex Offender Watch program. However, it does not offer any information regarding these people. She also stated that if people rely on what the County has to offer, it is futile. She said it is hard to open a business and she feels they really need to have tougher laws for these offenders. 6:50 P.M. PUBLIC HEARING ON THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION: There was no public present for the public hearing. However, Legislator Fagan explained what the grant application is for. He said it is to help repair septic and private wells for homeowners that meet the income qualifications. He reported that this program has been successfully used in other Counties. It has helped elderly on fixed incomes with costs of failing or inoperable systems. There is no local share required. RESOLUTION NO. 63 Motion by Karius, Second by Larison. RE: APPROVE THE MINUTES OF THE FEBRUARY 10, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 25 BE IT RESOLVED, that the minutes of the February 10, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 64 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH MID-STATE COMMUMINCATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT WHEREAS, the maintenance/service agreement with WGI was cancelled, and WHEREAS, it is vital to have service available 24 hours a day, in the event of a failure, and WHEREAS, Mid-State Communications has agreed to provide this service for $635.00 per month, and WHEREAS, 911 consoles and radio infrastructure repair, labor and semi-annual preventive maintenance will be covered under this agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Mid-State Communications for the Emergency Management Department for 911 Console Maintenance for the total amount of $6,350.00, for the term March 1, 2010 to December 31, 2010, funding available in the 2010 Emergency Management budget account no. 3689.435, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 65A Motion by Larison, Second by Field. RE: MOTION TO TABLE RESOLUTION NO. 65 BE IT RESOLVED, that Resolution No. 65 be tabled and sent back to the Public Safety Committee scheduled for March 22, 2010. DISCUSSION: Administrator O’Hearn updated the Legislature regarding an email that was received late in the day from the CSEA Administrative Union requesting the Resolution to be withdrawn. The Union informed him that they will not sign the agreement. He reminded the Legislature that it was the Union that had originally initiated this request. Legislator Larison stated that he is opposed to this Resolution and will be voting no. He feels a lot of people were hurt by the budget cuts the Legislature was forced to make. He cannot see singling one person out and approving the additional hours for one and not the others. Administrator O’Hearn said he would recommend not acting on it at this time. Send it back through the Public Safety/Criminal Justice Committee meeting for discussion. Vote 7-0. RESOLUTION NO. 65 Motion by Larison, Second by Field. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH CSEA ADMINISTRATIVE UNIT RELATIVE TO THE PARALEGAL POSITION IN THE DISTRICT ATTORNEY’S OFFICE - TABLED WHEREAS, the CSEA Administrative Unit has requested that the Paralegal position in the District Attorney’s Office work 40 hours per week, in order to accommodate the work load in the Office, and WHEREAS, said position is part of the Administrative Unit which has a negotiated work week of 35 hours per week, and WHEREAS, it is the agreement of the County, CSEA, and the District Attorney to allow this one position to work 40 hours per week permanently, as negotiated in the CSEA Administrative Unit Contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a Memorandum of Understanding with the Administrative Unit CSEA as follows: MEMORANDUM OF UNDERSTANDING This agreement between Schuyler County and CSEA changes the work week for the position of Paralegal in the District Attorney’s Office from thirty-five (35) hours per week to forty (40) hours per week. This change is only for Paralegal position assigned to the Schuyler County District Attorney. The conditions for the change are as follows: 1. The change will be effective March 6, 2010. 2. The hourly rate of pay will remain the current rate. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 26 3. All accruals (vacation, sick leave, personal leave), will be credited at the rate of forty (40) hour work week effective March 6, 2010. 4. This position will receive all benefits and rights afforded to forty (40) hour employees. 5. This change is specifically for the title of Paralegal assigned to the Schuyler County District Attorney and does not set precedent or practice. It in no way affects any other thirty-five (35) hour position covered in the Administrative Unit contract. RESOLUTION NO. 66 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH MID-STATE COMMUMINCATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE RADIO COMMUNICATION SYSTEM – SHERIFF’S OFFICE WHEREAS, the maintenance/service agreement with WGI was cancelled, and WHEREAS, it is vital to have service available 24 hours a day, in the event of a failure, and WHEREAS, Mid-State Communications has agreed to provide this service for $550.00 per month, and WHEREAS, radio infrastructure, and mobile units repair, labor and semi-annual preventive maintenance will be covered under this agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Mid-State Communications for the Sheriff’s Office Maintenance for the total amount of $5,500.00, for the term March 1, 2010 to December 31, 2010, funding available in the 2010 Sheriff’s budget account no. 3110.453, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 67 Motion by Larison, Second by Marcellus. RE: RESOLUTION IN OPPOSITION TO THE IDA TAX IMPOSED ON ALL LOCAL INDUSTRIAL DEVELOPMENT AGENCIES BY NEW YORK STATE AS A MEANS TO HELP CLOSE THE STATE’S BUDGET DEFICIT WHEREAS, local Industrial Development Agencies (IDAs) serve as the primary vehicle for the implementation of economic development programs in counties and local communities across New York State, and WHEREAS, the primary mission of local IDAs is the creation and retention of jobs for New York’s residents, through innovative, locally-driven and developed programs to make counties and local communities better places in which to invest, grow productive business enterprises and create better business atmospheres to generate new economic activity, job creation and tax revenue producers, and WHEREAS, the 2009-2010 State budget contained a maximum statewide “cost recovery” tax of $5 million to “reimburse to New York State and allocable share of state governmental costs attributable to the provisions of services to industrial development agencies,” and WHEREAS, the State Department of Taxation and Finance has sent Tax bills to every IDA in the state, for amounts corresponding to 4.7% of the gross revenue received by an IDA in the 2008 calendar year, payable by March 31, 2010, and WHEREAS, the tax bill received by the Schuyler County IDA was received long after its budget was developed and implemented, without the inclusion of this new unanticipated tax in their adopted budgets, and WHEREAS, the revenue received by the Schuyler County IDA subject to this tax includes payments in lieu of taxes collected for local governments and school districts, state and federal grants and local taxpayer funded appropriations, and WHEREAS, imposing a state gross receipts tax on revenues from 2008 that include tax generated resources from the state and federal government is redundant, punitive and will lead to these resources and those appropriated by counties for local job creation to be used instead to help bail out the State during its time of financial crisis, and WHEREAS, the Schuyler County IDA, having limited resources and assets will have no choice but to pass this confiscatory tax on to potential developers and investment in our community. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly opposes the imposition of the new tax on the gross revenues of local Industrial Development Agencies as a means to help eliminate the state budget deficit, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 27 BE IT FURTHER RESOLVED, that this Legislature calls upon the Governor and the State Legislature to repeal this onerous tax on the primary economic development organizations of New York’s counties and other local government; a tax which will take local resources that could better be used to create jobs in our communities in this time of economic crisis, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this resolution to Governor David A. Paterson, Senator George H. Winner, Jr., Thomas F. O’Mara, and all others deemed necessary and proper. Vote 7-0. RESOLUTION NO. 68 Motion by Larison, Second by Marcellus. RE: RESOLUTION REQUESTING SUPPORT OF COUNTIES AND STATE LEGISLATORS IN RELATION TO LEGISLATION AMENDING COUNTY LAW, SECTION 215 WHEREAS, the exploration and extraction of natural gas from the Marcellus shale and other geologic formations in the southern tier and central New York has become a major economic factor such that gas companies are leasing thousands of acres of land, and WHEREAS, Section 215 of the County Law as presently written limits the period of time a County can enter into a lease to five years, and WHEREAS, gas companies seeking to lease land, in order to recover the large investment costs, require that the term of leasehold extend for such time as the well is productive and not be limited to a finite five year term, and WHEREAS, counties which operate under a charter form of government have the ability to provide in their respective charters for authority to enter into leases beyond the five year limit and such ability is denied to non-charter counties, and WHEREAS, all counties should be afforded equal protection under the law to enable the respective County governments to determine the terms of leases for its own land, if any county shall determine it to be in the public interest to enter into one or more of such leases, and WHEREAS, the State of New York permits the leasing of State land for natural gas exploration and extraction for so long as gas is produced in commercially paying quantities, and WHEREAS, remedial legislation sponsored by Sen. Thomas W. Libous, William Magee and Clifford W. Crouch, denoted as Senate Bill S.6325 and Assembly Bill A9727 respectively, has been introduced to amend County Law, Section 215 to permit a County to enter into a lease under terms it deems proper and that the period of such lease for the exploration and drilling for and extraction of natural gas and liquefied natural gas may extend for as long a period of time as the gas is produced in commercially paying quantities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests that each county support this legislation, adopt a resolution formally indicating such support, and urge their respective elected representatives in Albany to become co-sponsors of and work for the passage of such legislation and ultimately its approval by the Governor, and BE IT FURTHER RESOLVED, that a copy of this Resolution be distributed to County Governments, and elected representatives including Senator George H. Winner, Jr. and Thomas F. O’Mara, and the New York State Association of Counties. Vote 7-0. RESOLUTION NO. 69 Motion by Larison, Second by Marcellus. RE: RESOLUTION OF OPPOSITION TO HOLDING THE TRIAL OF THE ALLEGED SEPTEMBER 11, 2001 TERRORISTS ANYWHERE WITHIN NEW YORK STATE AND URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES ATTORNEY GENERAL TO DESIGNATE THE PLACE OF TRIAL OUTSIDE THE STATE OF NEW YORK WHEREAS, the United States Government intends to prosecute the alleged terrorists responsible for the horrific murders of thousands of innocent citizens on September 11, 2001 as civilians in the civil courts of the United States, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 28 WHEREAS, the City of New York had initially been designated by the United States Attorney General as place of trial for these alleged terrorists at the United States courthouse for the Southern District of New York, and WHEREAS, the Mayor of the City of New York and others have objected to holding the trial of these alleged terrorists in the City of New York citing among other concerns, the safety and security of the residents of the City, and WHEREAS, President Obama has directed the United States Attorney General, Eric H. Holder, Jr., to consider alternative locations of the trial of these alleged terrorists outside the City of New York, and WHEREAS, references have been made through various sources to three potential, alternative locations in the County of Orange, including the U S Military Academy at West Point, Stewart Air Force Base and the Federal Penitentiary in Otisville, New York, as suitable sites for conducting the trial of international terrorists responsible for the worst mass murder in the history of the United States, thereby attracting to the County of Orange not only the attention of the world, but that of international terrorist organizations worldwide whose mission is the destruction of the United States and the cold-blooded murder of its innocent civilians, and WHEREAS, forty-four innocent citizens of Orange County, New York lost their lives at the hands of these alleged terrorists and murderers, and hundreds of family members and friends of these lost heroes reside in Orange County, and WHEREAS, the wounds of 9-11 are still too fresh and too deep and the people of Orange County have already borne the effects of that most horrific day and should not be victimized again, and WHEREAS, there is no federal courthouse in the County of Orange, and no suitable location for holding this trial at any facility in the County of Orange that does not place at great and unacceptable risk the lives and safety of the citizens of Orange County, and WHEREAS, bringing the trial of these alleged terrorists to Orange County threatens the safety and security of Orange County residents and neighborhoods, and places them at great peril, and presents an unacceptable, clear and present danger to all of residents. NOW, THEREFORE, BE IT RESOLVED, that on behalf of the residents of the State of New York, the Schuyler County Legislature fervently expresses its steadfast and unwavering opposition to holding the trial of the alleged September 11, 2001 terrorists anywhere within the State of New York, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges and calls upon in the strongest terms possible, the President of the United States and Attorney General Holder to exercise all of their power and authority under the laws of the United States to fly these alleged terrorists outside of the State of New York, and BE IT FURTHER RESOVLED, that the Clerk of the Legislature is hereby authorized and directed to send a certified copy of this Resolution to President Barack H. Obama, President of the United States, the Honorable Eric H. Holder, Jr., Attorney General of the United States, to the Honorable Charles Schumer, United States Senator, the Honorable Kirsten E. Gillibrand, United States Senator, United States Representatives, Honorable George H. Winner, Jr., New York State Senator, Honorable Thomas F. O’Mara, New York State Honorable Eric J. Massa, United States Congressman so that they may be apprised of the sentiment of Schuyler County and this Legislative body and take appropriate action to keep the trial of this matter outside the State of New York. Vote 7-0 RESOLUTION NO. 70 Motion by Karius. Second by Yuhasz. RE: AUTHORIZE THREE-YEAR APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Raymond Berry-District I to the Schuyler County Youth Board for the term of March 8, 2010 through December 31, 2012. Vote 7-0. RESOLUTION NO. 71 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH WATKINS GLEN INTERNATIONAL RACEWAY FOR THE YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 29 WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau in collaboration with the Watkins Glen International Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and WHEREAS, the program will employ approximately 75 youth with the wages for the youth and supervisors to be reimbursed by Watkins Glen International Raceway, and WHEREAS, funding is available in the 2010 Youth Bureau budget for transportation costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from April 15, 2010 through September 30, 2010 for youth ages 14 – 20, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the contract, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 72 Motion by Karius, Second by Yuhasz. RE: RECOGNIZE MARCH 2010 AS NATIONAL PROFESSIONAL SOCIAL WORK MONTH - COMMUNITY SERVICES WHEREAS, social workers have the education and experience to guide individuals, families and communities through complex issues and choices, and WHEREAS, social workers connect individuals, families and communities to available resources, and WHEREAS, social workers are dedicated to improving the society in which we live, and WHEREAS, social workers are positive and compassionate professionals, and WHEREAS, social workers stand up for others to make sure everyone has access to the same basic rights, protections and opportunities, and WHEREAS, social workers help people help themselves, whenever and wherever they need it, and WHEREAS, social workers have long been the driving force behind important social movements in the United States and abroad. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March 2007 as National Professional Social Work Month and recognizes professional social workers for their commitment and dedication to individuals, families and communities everywhere through legislative advocacy, service delivery, research and education. Vote 7-0. RESOLUTION NO. 73 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE APRIL 2010 AS ALCOHOL AWARENESS MONTH – HEALTH SERVICES WHEREAS, alcohol abuse is prevalent within many demographic groups in the United States, and WHEREAS, the people who abuse alcohol can be college students who binge drink, pregnant women who put their babies at risk for fetal alcohol professionals who drink after a long day at work and senior citizens who drink out of loneliness, and WHEREAS, in 2007 more than 23 percent of persons aged 12 or older participated in binge drinking at least once in a 30 day period, which translates to about 57.8 million people. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes that alcohol abuse is a serious problem and designates April 2010 as Alcohol Awareness Month. Vote 7-0. RESOLUTION NO. 74 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2010 – JUNE 30, 2011 – PUBLIC HEALTH WHEREAS, Schuyler County must provide transportation to preschool children with disabilities. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Public Health be hereby authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2010 through June 30, 2011, and BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 30 9:15 a.m. on Friday, May 14, 2010. The bids will be opened that same day in the Legislative Office at 9:20 a.m., at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the June 14, 2010 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote 7-0. RESOLUTION NO. 75 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department sets fees for its home health services, based on the cost of the services provided, and WHEREAS, a recent review of the cost of services provided by the Schuyler County Home Health Agency indicates that fees for services should be increased to meet the costs of those services, pending State approval. NOW, THEREFORE, BE IT RESOLVED, that Public Health charge and collect fees for the home health services provided by the Schuyler County Home Health Agency, effective March 9, 2010, as follows: Skilled Nursing $190 / visit (increase of $15 / hour) Physical Therapy $130 / visit (increase of $5 / hour) Speech Therapy $130 / visit (no change) Occupational therapy $130 / visit (no change) Medical Social Worker $105 / visit (no change) Personal Care Aide $34 / hour (no change) Home Health Aide $34 / hour (no change) Home Tele-monitoring $250 / month (no change, and BE IT FURTHER RESOLVED, that actual changes will be assessed using an income-based sliding fee scale. Vote 7-0. RESOLUTION NO. 76 Motion by Larison, Second by Marcellus. RE: AUTHORIZE AN APPLICATION WITH THE OFFICE OF VIOLENCE AGAINST WOMEN (OVW) FOR THE SAFE HAVENS SUPERVISED VISITATION GRANT – SOCIAL SERVICES WHEREAS, the need has been expressed for supervised visitation services in both custody and child protective proceedings heard in the Schuyler County Family Court in circumstances where the safety of children may be jeopardized without adequate supervision, and WHEREAS, the grant funds are limited up to $300,000 over a three year period, and WHEREAS, said grant application requires no local share, and WHEREAS, Schuyler County will be working in collaboration with Catholic Charities. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a grant application with Office of Violence Against Women for the Department of Social Services for The Safe Havens Supervised Visitation Grant, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 77 Motion by Larison, Second by Marcellus. RE: AUTHORIZATION TO CREATE AND FILL A STAFF AND WORKFORCE DEVELOPMENT COORDINATOR POSITION IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Staff Development Coordinator position (Grade 10, starting salary $19.80) will become vacant effective March 27, 2010 with the retirement of the incumbent, and WHEREAS, the Department of Social Services will lose the Employment Program Specialist position (Grade 8, present wage $17.52/hour) March 31, 2010 due to staff reductions, and WHEREAS, it is the desire of the Commissioner of the Department of Social Services to create and fill a position which will encompass both areas of responsibility into one job title (approximately 60% Staff Development and 40% Employment Programs) to be filled by one person, thus allowing the Department to reduce its staffing by one full-time position, upon the approval of the County Administrator, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 31 WHEREAS, the Personnel Officer has reviewed the job descriptions and has titled the new position Staff and Workforce Development Coordinator, and WHEREAS, the current position titled “Staff Development Coordinator” and the current position titled “Employment Program Specialist” will remain unfilled once the new position is created and filled, and WHEREAS, the cost of creating and filling this new position and leaving unfilled the two old positions will result in a savings of approximately $41,500 annually, of which approximately 25% is local share. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services is authorized to create and fill a Staff and Workforce Development Coordinator position in the Department to be placed in Grade 9 at an hourly wage of $18.60, as set forth in the CSEA Administrative Unit Contract, effective April 1, 2010, funding available in the Department’s 2010 budget, account no. 6010.100, and BE IT FURTHER RESOLVED, that one Staff Development Coordinator position and one Employment Program Specialist position in the Department be left unfilled upon the filling of this Staff and Workforce Development Coordinator position. Vote 7-0. RESOLUTION NO. 78 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CHANGE ORDER #E-003 WITH CONCORD ELECTRICAL CORPORATION FOR THE ELECTRICAL CONSTRUCTION PORTION OF THE SCHUYLER SHARED SERVICES PUBLIC WORKS FACILITY– BUILDINGS AND GROUNDS WHEREAS, Resolution No. 499-08 authorized a contract with Concord Electrical Corporation for the Electrical Contractors portion of the Shared Services Public Works Facility, and WHEREAS, there is a need for additional electrical work, and WHEREAS, Change Order #E-003 proposes to provide and install these additional electrical items for a total additional cost of $29,079.29, and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $ 209,400.00 Amount Contract Increased by Previous Change Orders $ 3,273.67 Amount Contract will Increase by Change Order E-003 $ 29,079.29 New Total Contract Amount $ 241,752.96 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #E-003 proposal at a total cost of $29,079.29 with Concord Electrical Corporation, subject to approval of the Schuyler County Attorney. Vote 6-1. No: Fagan. RESOLUTION NO. 79 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT EXTENSION FOR SILVERLINE CONSTRUCTION OF VAN ZANDT HOLLOW BRIDGE REPLACEMENT – HIGHWAY WHEREAS, Silverline Construction, Inc. has requested a contract extension, due to weather conditions, for the completion of the Vanzandt Hollow Bridge over Glen Creek to May 15, 2010, and WHEREAS, funds for this contract extension were encumbered from the 2009 budget Account Number 5120.570. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee and Highway Superintendant that the Schuyler County Legislature extend this contract term to completion by May 15, 2010, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said contract extension, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 80 Motion by Larison, Second by Marcellus. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF GENESEE STREET BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the replacement of Genesee Street Bridge BIN #2254310, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 32 WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is available in the 2010 budget and fully reimbursed, 80% Federal, 15% State, and 5% Town of Montour. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of the Genesee Street Bridge Replacement. Vote 7-0. RESOLUTION NO. 81 Motion by Larison, Second by Marcellus. RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR THE MAINTENANCE AND REPAIRS OF VILLAGE POLICE VEHICLES THROUGH CENTRAL GARAGE – HIGHWAY DEPARTMENT WHEREAS, the County now employs a full-time Auto Mechanic in the Schuyler County Central Garage, and WHEREAS, the Village of Watkins Glen has requested the services of Central Garage for vehicle maintenance and repairs of its police vehicles, and WHEREAS, the County Central Garage is able to provide said service to the Village at an hourly labor rate of $30.00 and the Village of Watkins Glen will be responsible for vendor payments directly for any parts to be used during this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an Inter-Municipal Agreement with the Village of Watkins Glen for the year 2010 beginning March 15, 2010 through December 31, 2010, at an hourly labor rate of $30.00 for service, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 82 Motion by Fagan, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR THE 2010 NEW YORK STREET GRANT – COUNTY ADMINISTRATOR WHEREAS, New York State Division of Housing and Community Renewal has announced a 2010 round of the New York Main Street Grant Program, with municipalities eligible to apply for funds to stimulate re-investment in mixed-use commercial districts, and WHEREAS, the Schuyler County Legislature desires to assist with the revitalization of the Village of Montour Falls and its commercial areas, including the former Rural Urban Center and its neighboring West Broadway Street district, a neighborhood adjacent to the historic commercial district on Main Street. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Administrator is hereby authorized to file application to the NY Main Street grant program for an amount not to exceed $160,000, for the purpose of assisting the owner/developer of the former Rural Urban Center into mixed use office, commercial and residential space, with the understanding that: • The State grant funds will be matched with local funds from the owner/developer of the former Rural Urban Center • Grant funds of up to $150,000 will be applied to the renovation of the Rural Urban Center; • Administrative funds of up to $10,000 received through the grant program may be paid to Community Progress, Inc. and/or Schuyler County Partnership for Economic Development (SCOPED) for administration and program delivery, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to execute all documents necessary for the filing of said grant application, subject to the approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 83 Motion by Fagan, Second by Field. RE: AUTHORIZE AMENDING THE 2010 BUDGET FOR GENERAL LIABLITY INSURANCE – COUNTY ADMINISTRATOR WHEREAS, the County Administrator’s Office oversees the General Liability Insurance for the County, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 33 and WHEREAS, as the coverage begins February 1st of each year and a solid projection of premium costs for 2010-2011 could not be specified, the 2010 budget is short by $7,790.48 to pay for said premium, and WHEREAS, there are additional funds in the Unemployment Insurance budget to cover said increase, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2010 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$7,790.48 1910.423 Insurance – SMP -$7,790.48 9050.805 Unemployment Insurance Vote 7-0. RESOLUTION NO. 84 Motion by Fagan, Second by Field. RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the second and final of a 2-year contract renewal option for Asphalt Emulsions, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891, and BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 85 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the second and final of a two-year contract renewal option for Cold Mix Stock Pile Patching Material, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Central Asphalt 20 Fairgrounds Lane Watkins Glen, NY 14891, and BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 86 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) & CRUSHED GRAVEL - PURCHASING WHEREAS the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the second and final of a two-year contract renewal option for Crushed Stone (Limestone) & Crushed Gravel, and WHEREAS the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 34 Hanson Aggregates, Inc. Seneca Stone 4800 Jamesville Rd.-PO Box 513 PO Box 76 Jamesville, NY 13078-0513 Fayette, NY 13065 Blades-Steuben Crushed Stone Gravel & Contracting Co. PO Box 590 2105 S. Broadway Hornell, NY 14843 Pine City, NY 14871 Blades-Howard Stone & Gravel Odessa Sand & Gravel PO Box 590 226 Cecil A Malone Dr. Hornell, NY 14843 Ithaca, NY 14850 Newfield Gravel Corp. Angelo Sand & Gravel 226 Cecil A Malone Dr. 226 Cecil A Malone Dr. Ithaca, NY 14850 Ithaca, NY 14850 Padua Ridge 3362 SR 409 Watkins Glen, NY 14891, and BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 87 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR NEW & USED STEEL PLATE, POLYETHYLENE PIPE, NEW & USED BRIDGE AND SHOP STEEL - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the first of a 2-year contract renewal option for New & Used Steel Plate, Polyethylene Pipe, New & Used Bridge and Shop Steel, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Chemung Supply Corp. PO Box 527 Elmira, NY 14902, and BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 88 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR SIGN POSTS & EXTENSIONS - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the second and final of a two-year contract renewal option for Sign Posts & Extensions, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Chemung Supply Corporation PO Box 527 Elmira, NY 14902, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 35 BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 89 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR TIRES - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the second and final of a two-year contract renewal option for Tires, and WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Ron Parmenter Motors, Inc. 103 Railroad St. Odessa, NY 14869, and BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 90 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL & SELECT GRANULAR FILL - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the first of a two-year contract renewal option for Bank Run Gravel, Modified Gravel & Select Granular Fill and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Hanson Aggregates H.L. Robinson Sand & Gravel P.O. Box 513 535 Ithaca Rd., P.O. Box 121 Jamesville, NY 13078 Candor, NY 13743 Newfield Sand & Gravel Inc. Odessa Sand & Gravel Inc. 226 Cecil A. Malone Dr. 226 Cecil A. Malone Dr. Ithaca, NY 14850 Ithaca, NY 14850 Angelo’s Sand & Gravel, Inc. Machuga Pit 226 Cecil A. Malone Dr. 7534 Rt. 226 Ithaca, N.Y. 14850 Bradford, NY 14815, and BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 91 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE - PURCHASING WHEREAS, Resolution No. 23-10 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 5, 2010. NOW THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts the bid from the following: Chemung Supply Corporation ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 36 PO Box 527 Elmira, NY 14902, and BE IT FURHTER RESOLVED, copies of these bids are available for inspection at the Purchasing Office or the Legislative Office. Vote 7-0. RESOLUTION NO. 92 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR GUIDERAIL - PURCHASING WHEREAS, Resolution No. 23-10 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 5, 2010. NOW THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts the bid from the following: Chemung Supply Corporation PO Box 527 Elmira, NY 14902, and BE IT FURTHER RESOLVED, copies of these bids are available for inspection at the Purchasing Office or the Legislative Office. Vote 7-0. RESOLUTION NO. 93 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND - PURCHASING WHEREAS, Resolution No. 23-10 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 5, 2010. NOW THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts bids from all of the following: Angelo Sand & Gravel Odessa Sand & Gravel 226 Cecil A. Malone Dr. 226 Cecil A. Malone Dr. Ithaca, NY 14850 Ithaca, NY 14850 Padua Ridge Gravel 3362 SR 409 2105 S. Broadway Watkins Glen, NY 14891 Pine City, NY 14871, and BE IT FURTHER RESOLVED, copies of these bids are available for inspection at the Purchasing Office or the Legislative Office. Vote 7-0. RESOLUTION NO. 94 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE & CONCRETE RETAINING WALL BLOCK - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the first of a two-year contract renewal option for Ready-Mix Concrete & Concrete Retaining Wall Blocks, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Hanson Aggregates P.O. Box 513 Jamesville, NY 13078, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 37 BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 95 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BID FOR TREE AND STUMP REMOVAL - PURCHASING WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent and the Management & Finance Committee recommend exercising the first of a two-year contract renewal option for Tree and Stump Removal, and WHEREAS, the following bidders have agreed in writing to extend the original agreement under the same terms and conditions. The contract period shall be April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance Committee, the Schuyler County Legislature accepts the bid extension from the following: Beers Tree Service, Inc. 3900 Smith Rd. Cameron Mills, NY 14820, and BE IT FURTHER RESOLVED, copies of these bids are available upon request through the Purchasing or Legislative Office. Vote 7-0. RESOLUTION NO. 96 Motion by Fagan, Second by Marcellus. RE: ACCEPT/REJECT BIDS FOR USED STEEL PIPE – PURCHASING WHEREAS, Resolution No. 23-10 authorized the advertising for bids for furnishing of materials/services for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on February 5, 2010. NOW THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts bids from the following: ALL BIDS ACCEPTED Chemung Supply Corporation Allegany Pipe & Tubular PO Box 527 2954 CR 22 Elmira, NY 14902 Andover, NY 14806, and BE IT FURTHER RESOLVED, copies of these bids are available for inspection at the Purchasing Office or the Legislative Office. Vote 7-0. RESOLUTION NO. 97 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AN ADDENDUM TO HEALTH BENEFITS SERVICE AGREEMENT WITH EBS R.M.S.C.O., INC. – HUMAN RESOURCES WHEREAS, Resolution No. 442-08 authorized an agreement with EBS R.M.S.C.O. Inc., as the County’s third party administrative services for the county’s medical insurance plan, and WHEREAS, EBS R.M.S.C.O. Inc. is requesting an addendum to that agreement that replaces any and all terms contained in the previously executed agreement that were intended to comply with the then-current Health Insurance Portability and Accountability Act of 1996 (“HIPPA”) requirements applicable to business associates, and WHEREAS, said agreement requires an addendum modification to comply with recent changes to HIPAA, the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) which becomes effective February 17, 2010, and regulations and other guidance issued to date by the Department of Health and Human Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an addendum with EBS R.M.S.C.O. Inc. for the Human Resources Department for Health Benefits Services, at no additional cost, for the term January 1, 2009 through December 31, 2011, subject to approval of the Schuyler County Attorney. Vote 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 38 RESOLUTION NO. 98 Motion by Fagan, Second by Yuhasz. RE: RECOGNIZE THE MONTH OF APRIL 2010 AS NATIONAL COUNTY GOVERNMENT MONTH WHEREAS, the nation’s 3,068 Counties provide a variety of essential public services to communities serving 300 million Americans, and WHEREAS, Schuyler County and all Counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways, and WHEREAS, many County governments are integral to America’s healthcare system and are unique in their responsibility to both finance and deliver health services through public hospitals and clinics, local health departments, long-term care facilities, mental health services and substance abuse treatment, and coverage programs for the uninsured, and WHEREAS, as employers, Counties provide health insurance benefits to nearly three million County employees and their retirees nationwide, and WHEREAS, the National Association of Counties is the only national organization that represents County Governments in the United States, and WHEREAS, since 1991 the National Association of Counties has encouraged Counties across the country to actively promote County Government programs and services to raise public awareness and understanding about the roles and responsibilities of the nation’s Counties to meet the needs of the community, and WHEREAS, the National Association of Counties and Schuyler County are working together to restore the partnership among all levels of Government to better serve American communities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize the month of April 2010 as National County Government Month and encourage all Schuyler County officials, employees, schools and residents to participate in County Government celebration activities. Vote 7-0. RESOLUTION NO. 99 Motion by Fagan, Second by Yuhasz. RE: RECOGNIZE THE WEEK OF APRIL 18-24, 2010 AS “NATIONAL VOLUNTEER WEEK” WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for the betterment of this community, and WHEREAS, these citizens serve, through countless hours of volunteering, the agencies and institutions of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby recognize April 18-24, 2010 as “National Volunteer Week” in Schuyler County, and BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry. Vote 7-0. RESOLUTION NO. 100 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE ONE-YEAR APPOINTMENT TO THE FINGER LAKES RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC. BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Glenn Larison as a Legislative Alternate to the Finger Lakes Resource Conservation & Development Council, Inc., for the term January 1, 2010 through December 31, 2010. Vote 7-0. RESOLUTION NO. 101 Motion by Larison, Second by Field. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2010 RESCINDING LOCAL LAW NO. 6 OF THE YEAR 2008 ESTABLISHING SEX OFFENDER RESIDENCY RESTRICTIONS WHEREAS, Local Law Intro. No. 1/Local Law No. 1 of the Year 2010 Rescinding Local Law No. 6 of the year 2008 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held March 8, 2010 at 6:45 p.m., and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 39 WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 1 of the Year 2010, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 1 of the Year 2010, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 2010 A Local Law to rescind Local Law No. 6 of the Year 2008 Establishing Sex Offender Residency Restrictions. Be it enacted by the Legislature of the County of Schuyler that Local Law No. 6 of the Year 2008 is hereby rescinded. Vote 7-0. DISCUSSION: Legislator Fagan wished to address Kristen Hansen’s concerns. He explained why the Local Law is being rescinded. He does appreciate her concerns, but it is a mute point. The local government cannot enforce the law and the County lost the case in Civil Court. Attorney Coleman stated that this law has been struck down by four courts and that this is not isolated to Schuyler County. Because of the State Law our local law is unenforceable. Sixteen (16) Counties have passed Legislation like this, four have been shot down and the remaining twelve (12) will also unless the State acts soon. Chairman Gifford stated that we should check into our web site regarding the sex offender residency. MOTION by Legislator Fagan, SECOND by Legislator Karius to have the Chairman of the Legislature send a letter to our State Legislative Representatives in support of passing Legislation regarding Sex Offender Residency in New York State. Motion carried seven ayes to zero noes. RESOLUTION NO. 102 Motion by Fagan, Second by Field. RE: AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF SCHUYLER COUNTY WHEREAS, Schuyler County is an eligible applicant for the Community Development Block Grant (CDBG) Small Cities Program, in the amount for 2010 to be not more than $250,000, and WHEREAS, Arbor Development, Inc. is desirous of continuing its program of housing rehabilitation for low and moderate income households, and WHEREAS, said housing rehabilitation activities are an eligible expenditure of CDBG funds, and WHEREAS, under the CDBG Program, Schuyler County is permitted to contract with Arbor Development, Inc. to provide said rehabilitation. NOW THEREFORE, BE IT RESOLVED, that Arbor Development is hereby authorized to submit an application to the Department of Housing and Community Renewal for a Community Development Block Grant to provide funding for housing rehabilitation, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized to sign the application, and BE IT FURTHER RESOLVED, that should said grant be awarded to Arbor Development, the Schuyler County Treasurer is hereby authorized to deposit said grant in the appropriate line item in the Schuyler County Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature and the Executive Director of Arbor Development is hereby authorized to sign all appropriate and necessary documents to implement said grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, a certified copy of this resolution shall be forwarded to the Executive Director, Arbor Development, Inc., 16 William Street, Bath, New York 14810. Vote 7-0. RESOLUTION NO. 103 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH THE WATKINS GLEN AREA CHAMBER OF COMMERCE FOR 2010 ROOM TAX FUNDS ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 40 WHEREAS, Resolution No. 332-09 designated the Watkins Glen Area Chamber of Commerce as the County’s official Tourist Promotion Agency (TPA) for 2010, and WHEREAS, in the past the contract has spelled out that one hundred percent 100% of room tax receipts remaining after the mandatory five percent administrative costs allocated to the Schuyler County Treasurer’s Office has been deducted will be forward to the TPA within thirty days of receipt of all lodging taxes per quarter by the Schuyler County Treasurer, and WHEREAS, the Watkins Glen Area Chamber of Commerce wishes to now receive an advance in the amount of $100,000 up front. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Watkins Glen Area Chamber of Commerce for the term beginning January 1, 2010 and ending December 31, 2010 in the amount of room tax monies received and designated pursuant to local law for tourism promotion and publicity services with $100,000 paid upfront and the remainder paid quarterly by the Schuyler County Treasurer, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 104 Motion by Fagan, Second byYuhasz. RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deed to property located in Schuyler County, State of New York, located at Kozy Creek Road, Town of Orange, NY as of August 27, 2009, and WHEREAS, HSBC Mortgage Services, Inc. took over ownership and paid taxes on the parcel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following offer/offers to Purchase: BIDDER’S NAME: HSBC Mortgage Services, Inc. BIDDER’ ADDRESS: P.O. Box 961293 Westlake, Texas 76161 AMOUNT OF RECORDING FEES DUE: $300.00 FORMER OWNER: Paul Harrison TAX MAP 60.-1-3.22 LOCATION: Kozy Creek Road, Bradford, NY, and BE IT FURTHER RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase, subject to the last-stated condition below, and execute the quitclaim deed and attending documents for the transfer of properties for which the County of Schuyler has taken a tax deed and listed said property in the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer, and BE IT FURTHER RESOLVED, that upon acceptance of a bid, and payment in full of the recording fees, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof , and BE IT FURTHER RESOLVED, that the Schuyler County Legislature has the right to accept or reject any and all bids. Vote 7-0. RESOLUTION NO. 105 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE REPLACEMENT OF ALL WINDOWS ON THE PIER BUILDING– BUILDINGS AND GROUNDS WHEREAS, the windows on the Seneca Harbor Pier building are in need of replacement, and WHEREAS, it is the recommendation of the Building Maintenance Supervisor to advertise for bids for the replacement of all windows on the Pier Building. NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby authorized to advertise for said bids, with funding available in Capital Account no. 004.1620.209, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 41 Vote 7-0. RESOLUTION NO. 106 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDING SCHUYLER COUNTY INSURANCE STANDARDS – SCHUYLER COUNTY ATTORNEY’S OFFICE WHEREAS, County insurance standards were adopted by Resolution in 1988 and amended by Resolutions 95-04 and 57-10, and WHEREAS, the County’s insurer has suggested amending our standards to clarify the need for sexual abuse coverage in those contracts wherein a service provider has substantial direct custodial or care contacts with county clients, especially children, and WHEREAS, such clarification is endorsed by the County Attorney’s Office as an unfortunate necessity in today’s world. NOW, THEREFORE, BE IT RESOLVED, that the County Insurance Standards be amended as to Categories II and IV to require the inclusion of sexual abuse/molestation coverage in such amount as may be available from a given contractor’s insurer, but in no event less than $100,000 for those contractual services involving direct custodial or care contact with county clients, and BE IT FURTHER RESOLVED, that except for those contractual services specifically exempted by New York State Department of Social Services Regulations or other competent authority, exceptions to this policy shall be referred to the Chairman of the Legislature, the County Administrator and the County Attorney for unanimous decision. Vote 7-0. RESOLUTION NO. 107 Motion by Yuhasz, Second by Larison. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one Resolution be brought to the floor. Vote 7-0. RESOLUTION NO. 108 Motion by Larison, Second by Field. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO BE ABLE TO FINANCE AUTOMOBILE RACING FACILITIES WHEREAS, currently General Municipal Law does not allow Automobile Racing Facilities to be eligible for financing through the Schuyler County Industrial Development Agency, and WHEREAS, Industrial Development Agencies in New York State are created to promote the economic welfare, recreation opportunities and prosperity of the inhabitants of a municipality or County, and WHEREAS, it is the IDA’s function to actively attract and encourage development in the area in question. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation amending New York State General Municipal Law to make Automobile Racing Facilities eligible for financing through the Schuyler County Industrial Development Agency, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Thomas F. O’Mara, Senator George H. Winner, Jr., Majority and Minority Leaders and the New York State Attorney General. Vote 7-0. RESOLUTION NO. 109 Motion by Karius, Second by Marcellus. RE: RESOLUTION IN SUPPORT OF THE NEW YORK STATE BUDGET INITIATIVE CALLED “THE WINE INDUSTRY AND LIQUOR STORE REVITILIZATION ACT” WHEREAS, New York State’s 2010 budget proposals include an initiative called “The Wine Industry and Liquor Store Revitalization Act”, and WHEREAS, this Act will create and enhance revenues for New York State and its localities by allowing marketing of wines through supermarkets statewide, and WHEREAS, this Act will give the wine consumer easier access to a broader choice of wines produced within New York State, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 42 WHEREAS, this Act is consistent with the goals of the Schuyler County Agriculture and Farmland Protection plan and is supported by the NYS Farm Bureau as providing for more opportunities in the free market for our NYS farm industry, and WHEREAS, this Act will encourage expansion of acreage in viticulture, and in doing so will help preserve and enhance the unique view sheds and vistas found in our grape and wine producing regions, and WHEREAS, the wine industry and related tourism industry of New York is a vital economic driver all across our great state. The multiplier effect of dollars invested into agriculture is widely recognized and this legislation can only foster sustainable gains in New York’ grape growing and wine producing sector. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature feels that the “Wine Industry and Liquor Store Revitalization Act” is a timely and necessary updating of New York law that will have broad positive economic benefits for New York consumers, grape growers, vintners and distributors of New York wines, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges prompt consideration and enactment of this important legislation and that certified copies be forwarded to Governor David D. Paterson, Senator George H. Winner, Jr., Thomas F. O’Mara, and the New York State Association of Counties (NYSAC), Inter-County Association of Western New York, and the Watkins Glen Area Chamber of Commerce. DISCUSSION: Legislator Karius stated that she spoke to a number of business owners and they are in favor of this act. Legislator Marcellus stated that this will help the State budget deficit as well as our local economies. The Wine vendors have always felt they have been at a disadvantage. Legislator Karius stated that she had supported this in the past when it had been brought up. It has always passed at the County Level and failed at the State level. Vote 7-0. RESOLUTION NO. 110 Motion by Marcellus, Second by Larison. RE: AUTHORIZE THE PARTICIPATION IN THE MULTI - COUNTY SOUTHERN TIER REGIONAL FIBER INITIATIVE FOR THE FEDERAL NTIA BROADBAND GRANT PROGRAM WHEREAS, the Southern Tier Central (STC) and Southern Tier East (STE) Regional Planning and Development Boards are developing a multi-county, multi-regional Open Access fiber based telecommunications and broadband project which integrates with the ION initiative that recently received a $40M Federal Stimulus NTIA grant award in the first round of the Federal American Recovery and Reinvestment Act funding, and WHEREAS, the STC and STE Regional Planning and Development Boards will be submitting a second round stimulus application for an additional 30 million dollars to extend fiber infrastructure from the ION network into key locations of our community, and WHEREAS, it is their intent to use this fiber to support public safety, healthcare, education, municipal collaboration, economic development and in general create a competitive advantage for our community, and WHEREAS, should the grant application be successful, Schuyler County stands to benefit by achieving enhanced emergency communications and broadband access capacity at a greatly reduced cost than would be experienced without this partnership, and WHEREAS, a local share not to exceed $188,370.00 is required, which represents a 20% local commitment with an additional 10% provided by New York State. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to submit a letter of intent to apply for said grant, subject to the approval of the Schuyler County Attorney. DISCUSSION: Administrator O’Hearn apologized for the last minute submission of this Resolution. He explained that Chairman Gifford and himself attended a meeting this past week regarding this. He literally received the final details on this late this afternoon and the dead line for the application is March 26th. The key item of the application is for emergency communications. A number of Counties are going to move forward with this, possibly eight. The figures are from the original State Wide Wireless project versus the existing plan in conjunction with the other eight Counties. Corning, Inc. will be donating about nine million dollars of fiber for the project. He feels the regional scope will make for a very attractive application. This Resolution ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 43 tonight is just asking for permission to apply for this at this point. He will have to come back to the Legislature if it is awarded with a Resolution to accept it at a later date and commit the funds. Legislator Fagan questioned the figures and what areas would be covered. Administrator O’Hearn stated that it depends on the direction it runs. He would think that once the fiber is in they may be able to use the existing sites to expand. Vote 7-0. RESOLUTION NO. 111 Motion by Larison, Second by Field. RE: RESOLUTION IN SUPPORT OF A 2010 NEW YORK STATE BUDGET WHICH AVERTS STATE PARK AND HISTORIC SITE CLOSURES AS CURRENTLY PROPOSED BY THE PATERSON ADMINISTRATION WHEREAS, a Schuyler County resident from the Southern tier of New York has voiced that he routinely fishes Lake Ontario and that his access site is slated for closure, and WHEREAS, the proposed closures of forty-one (41) Parks and fourteen (14) Historic sites will impact the travel and destination plans of thousands of New York families and out of state visitors in similar fashion, and WHEREAS, our Parks are revenue producing and as visitors to New York State spend many thousands of dollars annually in the communities that surround our Parks, these communities depend on Park visitation contributing to their localities economic vitality, and WHEREAS, closure, and the certain subsequent decay of Historic sites, which heretofore brought honor to our forefathers and people, places and events in New York States long and storied history is unacceptable, these sites deserve preservation in perpetuity. WHEREAS, our Parks are our heritage, and a refuge, for all New Yorkers and must not be unduly sacrificed annually, as Lawmakers make budget decisions that will long, affect posterity. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports a 2010 budget which averts State Park and Historic Site Closures as currently proposed by the Paterson Administration, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward certified copies of this Resolution to Governor David Paterson, Senator George H. Winner, Jr., Thomas F. O’Mara, New York State Association of Counties (NYSAC), Inter-County Association of Western New York, Watkins Glen Area Chamber of Commerce, New York State Parks and Recreation and all counties in New York State. DISCUSSION: Legislator Fagan stated that the State has a nine billion dollar deficit now and they project the deficit to be fifteen billion next year. He feels certain cuts have to be made and yes, State Parks are revenue producers, but most of them are going to remain open. He feels they have to do something at the State level to close the budget deficit. He does not feel this budget initiative is unreasonable. Legislator Marcellus stated that he agrees with most of what Legislator Fagan says, but feels the State needs to make wiser choices when it comes to making the cuts. More wisdom is needed and better cuts. Legislator Karius stated that they have forgotten who uses these parks. It is families, and cutting out parks is cutting out family time. Legislator Larison stated that they have these parks and a lot of families use them. He does not wish to see them closed. Vote 5-2. Noes: Gifford and Fagan. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. PUBLIC PARTICIPATION: Ernie LaForte asked what broadband is. Chairman Gifford explained that our emergency communications coverage is not very adequate and this will help. Administrator O’Hearn said the County just recently hired a consultant to have studies completed to see what our best options would be. Through fiber, our radio towers would be connected and would cover 58-90% of the County. This means the County may not have to construct a new tower. This would benefit the Police, Fire Department, all 911 Centers and all emergency personnel. The Meeting adjourned at 7:20 P.M. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 44 REGULAR MEETING APRIL 12, 2010 The April 12, 2010 Regular Meeting was called to order by Acting Chairman Karius at 6:30 p.m. The Pledge of Allegiance was led by the Boy Scouts and followed by a Moment of Silence. All Legislators were present except Chairman Gifford and Legislator Marcellus who were excused. Assistant County Attorney Dennis Morris and County Administrator O’Hearn were also present. 6:50 P.M. PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT: None. County Administrator O’Hearn recognized volunteers who provided assistance to Schuyler County Public Health during the H1N1 pandemic response. O'Hearn lauded their efforts, as did Marcia Deputy Director of Public Health. RESOLUTION NO. 112 Motion by Larison, Second by Yuhasz. RE: APPROVE THE MINUTES OF THE MARCH 8, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the March 8, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 113 Motion by Larison, Second by Field. RE: RESOLUTION DECLARING APRIL 12, 2010 AS “BOY SCOUTS OF AMERICA DAY” IN SCHUYLER COUNTY IN CELEBRATION OF ITS 100TH ANNIVERSARY WHEREAS, the Boy Scouts of America, in is Celebrating its 100th Anniversary, and WHEREAS, the purpose of the Boy Scouts of America is to teach America’s youth patriotism, courage, self-reliance, and kindred values, and WHEREAS, the Boy Scouts of America has and continues to live out its commitment to helping millions of youth succeed by providing the support, friendship, and mentoring necessary to live a happy and fulfilling life, and WHEREAS, each Scout pursues a goal to perform at least 12 hours of community service yearly, totaling hundreds of community service hours to our county each year, and WHEREAS, there have now been more than 111,000,000 members of Scouting, and the organization has presented over 2 million Eagle Scout awards, and WHEREAS, dozens of adult volunteer leaders in Schuyler County selflessly serve young people in their community through organizations chartered by the Boy Scouts of America, and WHEREAS, the Boy Scouts of America endeavors to develop United States citizens who are physically, mentally, and emotionally fit; have a high degree of self-reliance as evidenced in such qualities as initiative, courage, and resourcefulness; have personal values based on religious concepts; have the desire and skills to help others and understand the principles of the United States social, economic, and governmental systems; take pride in their American heritage and understand our nation’s role in the world; have a keen respect for the basic rights of all people, and are prepared to participate in and give leadership to the American society. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the designation of Monday, April 12, 2010 as “Boy Scouts of America Day” in Schuyler County in celebration of its 100th Anniversary. Administrator O’Hearn presented a certificate to the Five Rivers Council, Boys Scouts of America district commissioner Dave Sullivan in honor of the 100th anniversary of Scouting. The certificate declared April 12, 2010 as Boy Scouts of America Day in Schuyler County. Present for the ceremony were Boy Scouts from Troop 30 in Odessa and Troops 426 and 2000 in Montour Falls, along with Cub Scouts from Pack 56 in Watkins Glen. Vote 6-0. RESOLUTION NO. 114 Motion by Larison, Second by Halpin. RE: AUTHORIZE LEASE EXTENSION WITH THE SCHUYLER COUNTY VOLUNTEER AMBULANCE ASSOCIATION, INC. – EMERGENCY MANAGEMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 45 WHEREAS, the Schuyler County Volunteer Ambulance Association, Inc. has occupied county premises under a 50 year lease agreement since 1975, and WHEREAS, the need to expand and improve facilities requires an extension of such lease. NOW, THEREFORE, BE IT RESOLVED, that the existing lease between the parties dated December 5, 1975, be amended and extended for an additional term of 50 years commencing on the anniversary date thereof in the year 2025, all in accordance with the first Amendment, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said lease extension, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 115 Motion by Larison, Second by Halpin. RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR ONE NEW VEHICLE – SHERIFF’S OFFICE WHEREAS, money has been appropriated to lease one new vehicle for the Sheriff’s Office, and WHEREAS, such lease has been obtainable through the State bidding procedure. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for one 2010 Dodge Charger, through the State leasing procedure in the total amount of $7,200.17 annually, funding available in each budget year account no. 3110.204, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 116 Motion by Larison, second by Halpin. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CORRECTION OFFICERS BENEVOLENT ASSOCIATION REGARDING RETIREMENT – SHERIFF’S OFFICE WHEREAS, the Schuyler County and the Correction Officers Benevolent Association are parties to a ratified Memorandum of Agreement dated July 2009, which is in a collective bargaining agreement format (hereinafter “Agreement”) for the period of January 1, 2008 through December 31, 2012, and WHEREAS, the parties have now reached an agreement as of the date of execution of this Memorandum of Agreement to modify the Agreement, specifically to modify the retiree health insurance benefits and incorporate into Article 15 - Insurances, allowing for conversion of hours worked in the employ of the County on a part time basis to full time equivalent and wish to memorialize their understanding, in writing, to be incorporated into the new collective bargaining agreement for execution by the parties, and WHEREAS, upon execution of this Memorandum of Agreement by the County and Association representatives, the parties agree to incorporate the changes into the final draft of the new collective bargaining agreement for execution by the parties and NOW, THEREFORE, BE IT RESOLVED, in consideration of the promises and mutual covenants contained herein, the County and Association representatives agree to incorporate the changes attached to the Memorandum of Agreement into the new collective bargaining agreement for execution by the parties, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to execute all documents related to this agreement, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 117 Motion by Karius, Second by Field RE: RESOLUTION SETTING SEQR HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2010 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2010 the County did receive two requests from landowners for inclusion in any Schuyler County Agricultural district, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on March 15, 2010 that one of these requests is comprised of approximately 40 acres of substantially viable agricultural land in parcel 42.00-1-17, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 46 WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County must review the potential environmental impacts of the action of including these 40 acres in Schuyler County Agricultural District NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to hold a public hearing for SEQR compliance on the inclusion of said parcel 42.00-1-17 on May 10, 2010 at 6:45 p.m. at its Regular Meeting of the Legislature. Vote 6-0. RESOLUTION NO. 118 Motion by Karius, Second by Field RE: RESOLUTION ESTABLISHING LEAD AGENCY STATUS FOR AGRICULTURAL DISTRICT #3 MODIFICATION WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(a), Schuyler County regular eight-year reviews of the agricultural districts within its boundaries, and WHEREAS, in 2009-2010 the Agricultural and Farmland Protection Board has been coordinating the review of Schuyler County Agricultural District in the towns of Catharine, Cayuta & Montour, and WHEREAS, the review of District #3 will lead to the potential inclusion of approximately 162 additional acres and the removal of approximately 1,852 acres, and WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County must review the potential environmental impacts any proposed modification of Schuyler County Agricultural District and intends to conduct a coordinated review of this proposal as a potential Type 1 action, utilizing the RA-115 form provided by New York State Department of Agriculture and Markets. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to establish lead agency status of the purposes of the environmental review of this action, and will notify involved agencies of this intent. If, after 20 days time no involved agency challenges this status, then the Schuyler County Legislature will consider itself to hold lead agency status, and will proceed with the review. Vote 6-0. RESOLUTION NO. 119 Motion by Karius, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed for supplies, operation and parenting education, and WHEREAS, the Schuyler County Youth Bureau acts as the oversight and fiscal agency for the program, and WHEREAS, the Triangle Grant offers funding for between $5,000 and $15,000 and there is no local match, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts, subject to review of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 120 Motion by Larison, Second by Halpin. RE: RECOGNIZE MAY 2010 AS MENTAL HEALTH MONTH – HEALTH SERVICES WHEREAS, Mental Health America has promoted May as Mental Health Month since 1949, and WHEREAS, the focus this year is on Live Your Life Well, and WHEREAS, there are 10 proven tools to help people feel stronger and more hopeful, and WHEREAS, these tools are available on their website at www.mentalhealthamerica.net, and WHEREAS, this campaign is designed to help people better manage stress and major life challenges by taking actions to preserve and strengthen their mental health. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 2010 as Mental Health Month and encourages residents to increase their well-being by using some of the 10 tools provided. Vote 6-0. RESOLUTION NO. 121 Motion by Larison, Second by Halpin. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 47 RE: RECOGNIZE MAY 6 – 12, 2010 AS NATIONAL NURSES WEEK – HEALTH SERVICES WHEREAS, nursing is often described as an art and a science, and WHEREAS, nursing is a profession that embraces dedicated people with varied interests, and passions because of the many opportunities the profession offers, and WHEREAS, nurses work in emergency rooms, school based clinics, homeless shelters, hospitals, doctors’ offices, public health, mental health and many others, and WHEREAS, the many roles of nurses range from staff nurses to educators to nurse practitioners and nurse researchers for the good of patient safety, and WHEREAS qualified nurses are aging out of the workforce but will be needed more in the future, due to the aging of the general population. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 6 – 12, 2010 as National Nurses Week. Vote 6-0. RESOLUTION NO. 122 Motion by Larison, Second by Halpin. RE: ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH WHEREAS, it has been deemed appropriate by the Schuyler County Public Health Committee to set fees for certain services performed by the Watershed Protection Agency, as follows: 1. Septic system permits – New Construction $150.00* 2. Septic system permits – Conversion $150.00* 3. Septic system permits – Complete Replacement $100.00 4. Septic system permits – Submitted Plans $100.00 5. Septic system permits – Septic tank up grade $50.00 6. Septic system permits – partial repair/expansion $50.00 7. Septic system permits – renewals or transfer $50.00 8. Septic system permits – holding tank / vault privy $50.00 9. Site evaluation per lot for new construction septic system $100 10. Site evaluation for conversion, expansion or modification septic system $75 11. Site evaluation for replacement septic system $25 12. Property transfer or refinancing septic evaluation $175.00* 13. Property transfer or refinancing septic evaluation – failed system $50.00 14. Property transfer or refinancing – water supply flow test $40.00 15. Property transfer or refinancing – water supply flow test and water analysis $50.00 16. Engineer review and approval $175.00 17. Septic tank locating - probe, detector or transmitter $50-$75 18. Collection fee per collected sample plus analysis $15.00 19. Processing fee per collected sample >1 plus analysis $3.00 20. Handling fee per non collected sample plus analysis $10.00 21. Processing fee per non collected sample >1 plus analysis $2.00 22. Radon in air test $55.00 23. Field consultation per 1/2 hour $25.00 24. Non inspection visit (No Show) $25.00 25. Flood statement affidavit $25.00 26. Well site approval for new construction $50.00 27. Well site approval for replacement wells (includes 1 bacteriological sample) $50.00 28. Certificate of Compliance $25.00 29. Property Determination Report $25.00 *indicates a rate change NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Watershed Protection Law, Local Law No. 3 of the Year 1994, allows the Agency to waive the collection of a portion of the established fee for ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 48 intergovernmental agencies, indigent persons or doctors request due to illness, and such waivers shall follow the Schuyler County Public Health and Community Services “Sliding Fee Scale” protocol, and BE IT FURTHER RESOLVED, that the Agency is also allowed to reduce the sample collection, processing and/or handling fee for sampling services as a result of multiple visits, with justification on written record. Vote 6-0. RESOLUTION NO. 123 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH ELEANOR LIEBSON, OTR/L, RYT, PYT-C, CERTIFIED YOGA INSTRUCTOR AND OCCUPATIONAL THERAPIST – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides disease prevention and health promotion services to Schuyler County residents age 60 and over, and WHEREAS, the Schuyler County Office for the Aging has an opportunity to contract with a local certified yoga instructor to provide yoga classes to seniors age 60 and over, and WHEREAS, Certified Yoga Instructor, Eleanor Liebson, has agreed to teach two ongoing series of classes for the senior population with one designed to accommodate various physical abilities and limitations, and WHEREAS, Ms. Liebson has agreed to teach the two classes commencing in April 2010 and ending on December 31, 2010 for a total cost not to exceed $3,120 ($65.00 per class), and WHEREAS, the cost of the class would be covered by the Title III-D grant with a required 10% match not to exceed $312, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the classes would be minimized or covered by the donations requested and collected from participants, and WHEREAS, if the participation level is below the minimum number required to effectively operate one or both classes, then one or both classes will be cancelled. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Eleanor Liebson, Certified Yoga Instructor, to provide yoga classes to Schuyler County residents age 60 and over through the budget account no. 6772.0490 for the term of April 2010 through December 31, 2010, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 124 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT OF THREE NEW MEMBERS TO THE OFFICE FOR THE AGING ADVISORY COUNCIL – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging maintains an Advisory Council as mandated by the Older Americans Act, and WHEREAS, council members assist the Office for the Aging in developing and administering the annual implementation plan, represent the interests of older persons, review and comment on policies, programs and actions affecting older persons, and serve as the key link between the community and the Office in communicating the needs and concerns of older Schuyler County residents, and WHEREAS, individuals from the various communities within the County are desired to fully represent the needs of the seniors in the County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the two year appointments of the following individuals to the Office for the Aging Advisory Council, for the term April 1, 2010 through December 31, 2011, to wit: Richard Evans Pamela Grimmke Wanda Centurelli Vote 6-0. RESOLUTION NO. 125 Motion by Larison, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 49 RE: PROCLAIM MAY 2010 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING, PUBLIC HEALTH, MENTAL HEALTH SERVICES, FAMILIES FIRST/NY CONNECTS, THE NEW FALLS HOME, ADULT PROTECTIVE SERVICES, SENECA VIEW, RSVP WHEREAS, Schuyler County is a community in which over 3,700 citizens age 60 and over make their home, and WHEREAS, the older adults in Schuyler County are among our most treasured resources, united by historical experiences, strengthened by diversity, and interpreting events through varied perspectives and backgrounds to bring wisdom and insight to our community, and WHEREAS, increasing numbers of adults are reaching retirement age and remaining strong and active for longer than ever before, and WHEREAS, the older adults in Schuyler County deserve recognition for the contributions they have made and will continue to make to the culture, economy, and character of our community and our nation, and WHEREAS, our community can provide that recognition and respect by improving the quality of life for older Americans by: • Increasing their opportunities to remain active and engaged in community life. • Providing individualized services and support systems to maintain the dignity, independence, and self-determination of older Americans as they age. • Combating ageist attitudes by honoring their past, present and future contributions, and NOW, THEREFORE, BE IT RESOLVED, that the Legislature of Schuyler County does hereby proclaim May 2010 to be Older Americans Month and urges everyone to take time this May to honor our older adults and the professionals, family members, and volunteers who care for them. Our recognition and involvement of older Americans can enrich our entire community’s quality of life. Vote 6-0. RESOLUTION NO. 126 Motion by Larison, Second by Field. RE: ACCEPT/REJECT BIDS FOR THE REPLACEMENT OF ALL WINDOWS ON THE PIER BUILDING– BUILDINGS AND GROUNDS WHEREAS, Resolution No. 105-10 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for the Seneca Harbor Pier Window Replacement. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation of Robert Hansen, Cabinet Maker as low bidder for Pier window replacement work at the low bid amount of $9,170, and BE IT FURTHER RESOLVED, that the following bids be rejected: Contractor Bid Amount Bajus Construction, LLC $14,164 West End Cabinet $22,650 Chicone Builders $39,141, and BE IT FURTHER RESOLVED, that funding is available in the Buildings and Grounds Capital Account No. 004.1620.209, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with the Robert Hansen at a cost of $9,170, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTUON NO. 127 Motion by Larison, Second by Field. RE: AUTHORIZATION TO AMEND AGREEMENT WITH CORNELL COOPERATIVE EXTENSION FOR THE CREATION AND MAINTENENACE OF A COMMUNITY GARDEN – BUILDINGS & GROUNDS WHEREAS, Resolution No. 471-08 authorized an agreement with Cornell Cooperative Extension to maintain a Community Garden at the Human Services Complex, and WHEREAS, Cornell Cooperative Extension would like to have a teaching garden as well at the Human Services Complex. NOW, THEREFORE, BE IT RESOLVED, that the contract for a Community Garden with Cornell ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 50 Cooperative Extension be amended to include a Teaching Garden, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the contract amendment with Cornell Cooperative Extension, subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Halpin, my position relative to this resolution remains consistent with my commitment to oppose new program spending without review of all current programs. How does the expansion of this program get balanced against the need to maintain or expand other programs, or even initiate new programs? How does the expansion of this program get balanced against the potential need to increase resources to address the critical lack of jobs in the county? It is almost certain that the County will have to make some difficult decisions about program spending in the next several years so expanding programs now is not prudent. Expansion of the garden will be funded by grant. While it seems appropriate and even perhaps advisable to take grant money when it’s available, the dire financial position of both the State and Federal Government now requires both ethical as well as financial consideration when applying for grant monies. The National debt now stands at $12.7 trillion, in 2009 interest payments alone amounted to $348 billion. Last year’s annual deficit was #1.42 trillion. New York State has projected deficit for the next year of $82 billion. In addition I believe the Cooperative Extension’s expertise is needed much more in other more critical areas. While a teaching garden is perhaps a way to improve lives it does not rise to the level of need that exists for education regarding nutrition, drug use, illiteracy, teen pregnancy, parenting, and domestic violence, to name a few. We already have a teaching garden at the Human Service Complex and at least one additional community garden in the County. An expanded garden at this time seems to me to be less than optimal use of tax payer dollars. So, I will vote no on this Resolution. Legislator Fagan spoke in support of this Resolution and program as there is no local share. Legislator Halpin stated that they still pay for it with income taxes. Legislator Yuhasz said if the County agencies do not accept the grant funds and do something like this with it, then someone else will. He feels Albany and Washington need to buckle up first. Legislator Larison feels there is a need to teach people how to garden and Cornell Cooperative Extension of Schuyler County is the proper agency to do so at the least cost. He is in favor of it. Acting Chairman Karius feels it is a good learning program and is in support of it. Vote 5-1. No: Halpin. RESOLUTION NO. 128 Motion by Larison, Second by Field. RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH THE SCHUYLER COUNTY SOIL & WATER CONSERVATION DISTRICT FOR THE MAINTENANCE AND REPAIRS OF DEPARTMENT VEHICLES THROUGH CENTRAL GARAGE – HIGHWAY DEPARTMENT WHEREAS, the County now employees a full-time Auto Mechanic in the Schuyler County Central Garage, and WHEREAS, the Schuyler County Soil & Water Conservation District has requested the services of Central Garage for vehicle maintenance and repairs of its department vehicles, and WHEREAS, the County Central Garage is able to provide said service to the Schuyler County Soil & Water Conservation District at an hourly labor rate of $30.00 and the Schuyler County Soil & Water Conservation District will be responsible directly for vendor payments for any parts to be used during this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an Inter-Municipal Agreement with the Schuyler County Soil & Water Conservation District for the year 2010 beginning April 1, 2010 through December 31, 2010, at an hourly labor rate of $30.00 for service, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 129 Motion by Fagan, Second by Field. RE: ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN- PLACE PROJECTS – PURCHASING WHEREAS, Resolution No. 23-10 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 16, 2010. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 51 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Purchasing Department, in cooperation with the County Highway Superintendent and the Management and Finance Committee, the Schuyler County Legislature accepts the following bids: HOT MIX ASPHALT (FOB) Gravel & Contracting Co Seneca Stone 2105 S. Broadway P.O. Box 76 Pine City, N.Y.14871 Fayette, NY 13065 Elmira Road Materials Dolomite Products Co., dba AL Blades 1 County Rd. 77A 7610 Cty Rt. 65 Horseheads, NY 14845 Hornell, NY 14843 UNSPECIFIED PROJECTS PROJECTS AND #3 Narde Paving Chemung Contracting Corp. 400 E. 14th Street 2105 South Broadway Elmira Heights, NY 14903 Pine City, NY 14871 PROJECT #4 PROJECTS #5 AND #6 Dolomite Products Co., dba AL Blades Narde Paving 7610 Cty Rt. 65 400 E. 14th Street Hornell, NY 14843 Elmira Heights, NY 14903 EQUIPMENT RENTAL Elmira Road Materials 1 County Rd. 77A Horseheads, NY 14845, and BE IT FURTHER RESOLVED, that all other bids be rejected. Copies of these bids are available for inspection at the Legislative or Purchasing Office. Vote 6-0. RESOLUTION NO. 130 Motion by Fagan, Second by Field. RE: AUTHORIZE AGREEMENT WITH HSBC BANK USA, NA FOR THE BUSINESS CORPORATE CARD PROGRAM – TREASURER’S OFFICE WHEREAS, the Legislature has decided to switch from Chase Bank’s Commercial Card Program to HSBC’s Business Corporate Card Program to maintain streamlining all payments for County business due to many places no longer accepting Purchase Orders and County Vouchers, and WHEREAS, HSBC Bank USA, NA has a Business Corporate Card program that will help the County to achieve this goal. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with HSBC Bank USA, NA to supply us with commercial cards to be used strictly for County business, at no annual fee, subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 131 Motion by Fagan, Second by Field. RE: AUTHORIZE DECLARING EQUIPMENT JUNK FOR VARIOUS DEPARTMENTS – TREASURER’S OFFICE WHEREAS, various departments have items to be declared junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets junk, and BE IT FURTHER RESOLVED, that the following items are to be disposed of. ASSET # DESCRIPTION DEPARTMENT 272 Chester Allen Desk – 3 drawer County Clerk ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 52 282 Shaw Walker – 8 drawer file County Clerk 283 Tan Desk – 6 drawer County Clerk 2741 Globe – 2 door cabinet County Clerk General Fireproof – 6 drawer Desk (gray) County Clerk None Brother Fax Machine 4100 Youth Bureau 1402 File Cabinet 2 drawer putty Youth Bureau 1656 File Cabinet Building & Grounds 3025 File Cabinet Building & Grounds Vote 6-0. RESOLUTION NO. 132 Motion by Larison, Second by Yuhasz. RE: PROCLAIM APRIL 17, 2010 AS BILL MILLIKEN DAY IN SCHUYLER COUNTY WHEREAS, William F. Milliken was a founding member of road racing in the Village of Watkins Glen, serving as head of the Rules Committee and competing in the first race on Oct. 2, 1948, and WHEREAS, in that first race he rolled over his Type 35A Bugatti in the section of the original race circuit known today as “Milliken’s Corner,” and WHEREAS, he continued his involvement in Watkins Glen racing as a driver and later as Chief Steward for the Formula One U.S. Grand Prix races, and WHEREAS, he was born on April 18, 1911, in Old Town, Maine, and is this year celebrating his 99th birthday with a special reception on April 17, 2010, at the International Motor Racing Research Center in Watkins Glen. NOW, THERFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim April 17, 2010, to be Bill Milliken Day in Schuyler County. Vote 6-0. RESOLUTION NO. 133 Motion by Larison, Second by Halpin. RE: RESOLUTION ENCOURAGING THE GOVERNOR OF THE STATE OF NEW YORK AND SENATORS AND TO PASS LEGISLATION INCREASING VERIFICATION REQUIREMENTS FOR MEDICAID ELIGIBILITY WHEREAS, the New York State enacted budget for the 2009-10 fiscal year totaled over $133.7 billion, and WHEREAS, the Medicaid budget totaled $49.2 billion, or 36.8% of the total state budget, and WHEREAS, effective April 1, 2010, applicants for Medicaid were no longer required to have face-to- face interviews with local district workers to determine eligibility, a valuable tool in clarifying ambiguous information supplied by applicants and, in some cases, detecting fraudulent applications prior to opening a Medicaid case, and WHEREAS, effective January 1, 2010, the resource test for applicants for Family Health Plus and non- Supplemental Security Income (SSI) Medicaid was eliminated, meaning resources such as bank accounts, stock portfolios, investment property, etc., were not to be considered in determining eligibility for Medicaid (Sections 366 and 369-ee of the Social Services Law), and WHEREAS, effective April 1, 2008, drug and alcohol screenings, assessments, treatment and monitoring of compliance with such treatment were eliminated as a condition to receive Medicaid (chapter 58 of the laws of 2008), and WHEREAS, effective January 1, 2008, recipients of Medicaid were allowed to attest to income and residence at the renewal (recertification) of an open Medicaid case unless they were seeking long-term care (Sections 366-a(5)(d) and and 369-ee(2)(d) of the Social Services Law), which means, for instance, that after being determined to be eligible for Medicaid at some prior time and having a subsequent increase in income, they need not provide payroll records from their employer to verify income, although Medicaid applicants are still required to provide this information at their initial application, and WHEREAS, applicants/recipients who are found to be guilty of fraud pertaining to their Medicaid application, such fraud not disqualifying them from Medicaid eligibility, may still receive Medicaid benefits without any sanctions, such as the denial of benefits for a specified period of time, a common practice with the Food Stamp and Temporary Assistance programs. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 53 NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature strongly encourages Governor Patterson and the state Senate and Assembly to pass legislation restoring the face-to-face interviews for Medicaid applicants at the initial application process and recipients at recertification; that Medicaid applicants at the initial application and recipients at recertification be required to provide such payroll records as necessary to verify employment income; to reinstitute resource guidelines and the requirement that Medicaid applicants provide information concerning all resources, and that drug and alcohol requirements be re-instituted for Medicaid eligibility, and BE IT FURTHER RESOLVED, that Governor Patterson and the state Senate and Assembly pass legislation to allow for penalties for consumer Medicaid fraud, to include the denial of Medicaid benefits for a specified period of time, similar to the penalty for Food Stamp and Temporary Assistance fraud, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Governor David Paterson, Thomas F. O’Mara, Senator George H. Winner, Jr., Senator Charles E. Schumer, Senator Kirsten E. Gillibrand, Majority and Minority Leaders, New York State Attorney General and the Office of Medicaid Inspector General. Vote 6-0. RESOLUTION NO. 134 Motion by Larison, Second by Halpin. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO GRANT A PERMANENT EASEMENT AT SENECA HARBOR PARK TO ALLOW ACCESS TO LAKEFRONT DEVELOPMENT OF ADJOINING PROPERTY WHEREAS, Seneca Harbor Place, LLC of 4833 Willow Point Rd, Burdett, NY 14818, has advised this Legislature that it intends to develop a thirteen million dollar, thirty seven unit housing development on lands adjoining Seneca Harbor Park, a county park in Watkins Glen, N.Y., and WHEREAS, such development will be a major economic asset for the entire county and will help to alleviate a critical housing shortage as identified in a 2008 study, and WHEREAS, the preferred site plan includes a small 4054 sq. ft. section of park land, of which 1582 sq. ft. is part of the railroad right of way included in Seneca Harbor Park(map attached), and WHEREAS, this portion of the park is currently utilized as a parking/driveway area and this use will not change as a result of this action, and WHEREAS, the aforementioned development is contingent on Seneca Harbor Place, LLC obtaining access to their property, and WHEREAS, said access is only available utilizing a small portion of parkland which is already suitable for this access with no disruption to park use or activities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation amending New York State law to allow the Schuyler County Legislature to grant a permanent easement of the above-described parcel to Seneca Harbor Place LLC contingent upon satisfactory compliance with the requirements of the Office of Parks, Recreation and Historic Preservation, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Thomas F. O’Mara, Senator George H. Winner, Jr., Majority and Minority Leaders, New York State Attorney General, and the New York State Office of Parks, Recreation and Historic Preservation. Vote 6-0. RESOLUTION NO. 135 Motion by Larison, Second by Halpin. RE: AUTHORIZE UPDATE OF OFFICE POLICY AND PROCEDURAL MANUAL FOR SCHUYLER COUNTY PROBATION DEPARTMENT – PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Director sees a need for an updated Office Policy and Procedural Manual to assist the Probation Department staff in effectively accomplishing the departmental mission statement and goals as well as authorizing eligible officers to carry firearms while conducting job duties and when approved by the director, and WHEREAS, said manual has been updated and reviewed and approved by the County Attorney, the Human Resources Department and the County Administrator. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 54 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves adoption of the updated Policy and Procedural Manual as presented by the Director of the Schuyler County Probation Department this month of April in the year 2010. Vote 6-0. RESOLUTION NO. 136 Motion by Karius, Second by Field. RE: RECOGNIZE MAY 8, 2010 AS GREEN GRAND PRIX DAY WHEREAS, Resolution No. 118-08 declared May 3, 2009 as Green Grand Prix Day, and WHEREAS, the Green Grand Prix event is now in its fifth year with its stated goal being “to promote awareness of environmentally friendly transportation and fuels through educational activities and motoring events”, and WHEREAS, this event continues to be unique and currently the only Sports Car Club of America sanctioned event of its kind within the confines of our United States of America and further information can be found at www.greengrandprix.com, and WHEREAS, this year’s event will be held on May 8, 2010 and the Legislature wishes to recognize this event again this year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes May 8, 2010 as Green Grand Prix Day, and BE IT FURTHER RESOLVED, that a certified copy of the Resolution be sent to Bob Gillespie, Chairman of the Green Grand Prix Committee. Vote 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the Rural Urban Center closing took place and the County no longer owns it. It has been placed back on the tax rolls. The construction start date is September time frame and will take about one year to complete. The owner is Bruce Nelson, the same developer that bought and refurbished the historic Montour House in Montour Falls. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:10 p.m. Stacy B. Husted, Clerk REGULAR MEETING MAY 10, 2010 The May 10, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present except Legislator Field who was excused. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Mr. Ken Dillon said he would like to ask the Legislature if they would vote to approve the opposition of the Anti Gun Legislation and any future Legislation please. Ms. Lori Ellison, from the Town of Orange, said she is here to ask the County to do something about the Rocky Roost Race Track in the Town of Orange. The dirt and noise is too much for the residents. The dust is so bad that they cannot have any family picnics or anything in their backyards. The owner has no permits and no insurance. She feels something needs to be done. The track also runs through a trout stream. Chairman Gifford asked if there was any zoning laws in the Town of Orange to prohibit this. Ms. Ellison said there is not. Chairman Gifford suggested contacting the Department of Environmental Conservation (DEC) and report the fact that the track runs through a trout stream. Ms. Ellison explained that when they call the Sheriff’s Department, they are told that there is nothing they can do. Chairman Gifford explained that the County does not have any control or jurisdiction over the town in this matter. Attorney Coleman also explained why the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 55 DEC should be involved. He also feels they could file a private nuisance suit against the owner. Ms. Ellison asked how she could go about that? Attorney Coleman said to contact an attorney. They would have to make a site visit to see for themselves and go from there. Ms. Ellison said she has contacted attorneys and they will not take the case because there is no monetary value associated with this for them. She personally filed a small claims suit and lost. Legislator Fagan asked when the race track is used? Ms. Ellison said seven days a week from 7:00 a.m. until 9:59 p.m. Legislator Fagan then asked who the owner is. Ms. Ellison said it is a Wayne Harvey. Mr. Charles Wolson, also from the town of Orange, said this business owner advertises on his web site the louder the pipes the better and that his mission is to upset his neighbors. Mr. Wolson wanted to know how laws can be passed to protect the health and welfare of people and nothing can get done about this? He owns property that borders the track and those bikes are going 60 to 70 miles per hour. Residents cannot use their backyards, they are useless now. Attorney Coleman stated that their first recourse is with the Town Government. The County does not have zoning control. Mr. Wolson said the Board told them there is nothing they can do. Attorney Coleman said the Town Board can pass a local law and institute a noise ordinance. Ms. Ellison stated that she is a board member of the Town of Orange and they are currently working on new laws for the town. Legislator Fagan said they should push for the Town to pass a Town ordinance on noise. He feels this is a quality of life issue. Ms. Ellison gave other examples of how bad the situation is. Legislator Fagan said he will ask Tim Hicks, the County’s Watershed Director, to pay them a visit and make sure they are in compliance with the County’s regulations. Maybe he could initiate some cooperation. Legislator Yuhasz suggested that they seek out the board members individually and talk with them. Legislator Fagan stated that this is a good example of why they need land use control. The Council of Governments has been working on this for a while now. They need to hear your voice and your concerns. Chairman Gifford ended the conversation by stating that the Legislature understands their position and wishes there was something the County could do for them, but it is up to the Town. 6:45 P.M. PUBLIC HEARING IN REGARDS TO THE STATE ENVIRONMENTAL QUALITY REVIEW (SEGR) FOR SCHUYLER COUNTY AGRICULTURAL DISTRIC #2 ESTABLISHED ENROLLMENT PERIOD: None. PUBLIC PARTICIPATION: None RESOLUTION NO. 137 Motion by Larison, Second by Halpin. RE: APPROVE THE MINUTES OF THE APRIL 12, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 12, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 138 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT WHEREAS, the New York State Emergency Response Commission has announced that grants are available to Local Emergency Planning Committees (LEPCs), and WHEREAS, Planning grant money is now available for grant year, Year-Seventeen, October 1, 2009 through September 30, 2010, and WHEREAS, the purpose of the grants are to improve and implement emergency plans under the Emergency Planning and Community Right-to-Know Act of 1986, and WHEREAS, Schuyler County has have been invited to apply for the grant with a minimum award amount of $2,930.00 for year seventeen. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 139 Motion by Larison, Second by Yuhasz. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 56 RE: AUTHORIZE APPOINTING THE COUNTY ADMINISTRATOR TO THE TIER INFORMATION AND ENTERPRISE RESOURCES, INC. A SOUTHERN TIER CENTRAL AND EAST LOCAL DEVELOPMENT CORPORATION WHEREAS, the Tier Information and Enterprise Resources, Inc is the Local Development Corporation (LDC) for the Southern Tier Central Regional Planning and Development Board and the Southern Tier East Regional Planning Development Board, and WHEREAS, TIER is the sponsor of the Multi-County Southern Tier Regional Fiber Initiative for the application to the Federal NTIA Broadband Grant Program, and WHEREAS, TIER will have a new board with representatives from the six participating counties: Schuyler, Chemung, Steuben, Delaware, Otsego, and Broome, and WHEREAS, Southern Tier Central Regional Planning and Development Board, which is engaged in telecommunications planning and is a participant in the grant process, has recommended County Administrator Timothy O’Hearn as the Schuyler representative to the TIER board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints County Administrator, Timothy O’Hearn, to the Tier Information and Enterprise Resources, Inc with no term length restrictions. Vote 7-0. RESOLUTION NO. 140 Motion by Larison, Second by Yuhasz. RE: RESOLUTION TO RECOMMEND AND REQUEST THAT THE STATE OF NEW YORK DELAY THE IMPLEMENTATION OF THE IGNITION INTERLOCK PROVISIONS OF LEANDRA’S LAW WHEREAS, in late 2009 New York State enacted and passed into Legislation “Leandra’s Law” which added the category of “Child in Vehicle” to DWI Offenses, that has already been implemented; and, which added a section to the V & T Law requiring the installation and use of an Ignition Interlock Device as part of all DWI sentences in New York State, to be implemented effective August 15, 2010, and WHEREAS, the Legislation provided no direction or resources whereby the Ignition Interlock Section of this legislation could be implemented, and WHEREAS, in accordance with the request of the Law, the NYS DPCA has prepared a Proposed Rule to direct the implementation of this law, and WHEREAS, the Proposed Rule does not demonstrate how the Counties are to organize and/or support the implementation of this Program, and requires each County to demonstrate how the County will implement and fund this Program, and WHEREAS, the Schuyler County Departments of Probation, STOP DWI, and others have discussed this Program with the Criminal Justice Committee and no adequate solutions have been put forth, and WHEREAS, Schuyler County, in this time of severe fiscal crisis, does not have the resources to assume responsibility for an unfunded mandate of this magnitude. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature join with the New York State Association of Counties (NYSAC), the Inter-County Association of Western New York, and other appropriate statewide organizations to recommend and request that the State of New York delay the implementation of the Ignition Interlock Program for two or more years until appropriate resources can be identified and made available to the Counties for the implementation of this Program. Vote 6-1. No: Marcellus. RESOLUTION NO. 141 Motion by Larison, Second by Halpin. RE: RESOLUTION OPPOSING VARIOUS ANTI-FIREARMS LEGISLATION IN NEW YORK WHEREAS, certain anti-firearms bills passed in the NYS Assembly will have a detrimental effect on hunters, sportsmen and legal gun owners if enacted, and WHEREAS, the right to keep and bear arms is guaranteed by the 2nd Amendment to the United States Constitution, and WHEREAS, the Supreme Court of the United States has so ruled in relation to the District of Columbia (“Mike Heller Case”), and WHEREAS, it is anticipated that the Court will extend the Helter ruling to the States and municipalities in the pending case of McDonald v City of Chicago, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 57 WHEREAS, passage of the bills listed herein would not only infringe upon the civil rights of law- abiding citizens, but subject the taxpayers to the completely unnecessary cost of government attorneys or special counsel defending the lawsuits necessary to vindicate rights already guaranteed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urges the NYS Senate and the Governor to oppose the following bills: A.80l/S. 15984 — An act to amend the Penal Law in relation to providing for the expiration and renewal of certain firearms licenses outside the City of New York. A.[PHONE REDACTED] — An act to amend the General Business Law and the Penal Law in relation to preventing the sale of firearms, rifles and shotguns to criminals. A.1326l/55.2379 —An act to amend the Penal Law in relation to the sale of child operated firearms. - A.2881 1/S.5.2379 — An act to amend the penal law in relation to the possession of armor piercing, frangible or devastator ammunition. A.2882-AINo Senate bill — An act to amend the Executive Law in relation to the compilation of firearm and ballistic data d.3076-BL’S.5489 — An act to amend the Penal Law in relation to the issuance of a license to carry a firearm. d32111/8.4752 — An act to amend the Penal Law and the executive law in relation to banning the sale, possession or use of .50 caliber weapons. d.5844115.3098 — An act to amend the Penal Law, the General Business Law and the Education Law in relation to criminally negligent storage of a weapon and weapons safety programs for children. A.6l571No Senate bill — An act to amend the Penal Law and the General Business Law in relation to banning the possession, sale or manufacture of assault weapons and to repeal Subdivision 22 of Section 265.00 of the Penal Law relating thereto. A.6468-BI/S.6005 — An act to amend the Penal Law in relation to requiring semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of micro stamping ammunition. 50781/5.725 An act to amend the Penal Law in relation to redefining the term “disguised gun” to include any rifle, pistol, shotgun or machine-gun resembling a toy gun and prohibiting the possession, manufacture or design thereof, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature forward certified copies of this resolution to Governor David Paterson, Senator George Winner, Senate Majority and Minority Leaders, Thomas F. O’Mara, NYSAC, and Inter-County Association of Western New York, together with the attached memorandum briefly stating the reasons in opposition to these bills. Vote 7-0. RESOLUTION NO. 142 Motion by Larison, Second by Halpin. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010 BYRNE JAG RECOVERY ACT GRANT – SHERIFF’S OFFICE WHEREAS, grant monies have been made available by the New York State Division of Criminal Justice Services, for the purpose of assisting the Schuyler County Sheriff’s Office with obtaining equipment to enhance and improve its law enforcement mission, and WHEREAS, this funding will be awarded on a basis until all funds are exhausted, and WHEREAS, this Grant is estimated to be in the amount of $25,000, with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County Sheriff’s Office to submit a grant application for 2010 Byrne JAG Recovery Act Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $25,000 with no County match, said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 143 Motion by Larison, Second by Halpin. RE: APPOINTMENTS TO THE COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 58 WHEREAS, J. Christopher Burns and Patricia Myers are willing to become members of the Community Home Care Professional Advisory Committee, and WHEREAS, their roles as Corporate Compliance Officer and Quality Assurance Coordinator makes the appointments appropriate. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints J. Christopher Burns, Corporate Compliance Officer and Patricia Myers, Quality Assurance Coordinator to the Community Home Care Professional Advisory Committee for a term ending on December 31, 2010. Vote 7-0. RESOLUTION NO. 144 Motion by Karius, Second by Yuhasz. RE: ESTABLISH 2010 - 2011 IMMUNIZATION GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s annual immunization grant will be $30,000 for the period April 1, 2010 through March 31, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2010 - 2011 Immunization Grant Budget. BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 145 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE A CONTRACT WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR THERAPY SERVICES – PUBLIC HEALTH WHEREAS, Public Health has a need for Occupational, Speech and Physical Therapy services to be provided in the Preschool Special Education program, and WHEREAS, the Watkins Glen Central School District has Therapists able to provide these services for the Preschool Special Education program, and WHEREAS, the rate for all therapies are $65 per half hour session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature by hereby authorized to enter into a contract with the Watkins Glen Central School District for the provision of Therapy Services for the Preschool Special Education Program, effective April 13, 2010 through June 30, 2011, at the rate of $65 per half hour session, funds available in the Public Health budget, account no. 2960.400, to be renewed annually, July 1, 2011 through June 30, 2012, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 146 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH NANCY FUHR BONN FOR PRESCHOOL SERVICES - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Preschool services for children, and WHEREAS, Nancy Fuhr Bonn is approved as a provider for Preschool services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Nancy Fuhr Bonn for Preschool services, effective March 1, 2010 through June 30, 2010, at the rate of $65.00 per half hour session, to be renewed annually, funds available in the Public Health budget, account no. 2960.400, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 147 Motion by Halpin, Second by Larison. RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH MONROE, LIVINGSTON, STEUBEN, YATES, SCHUYLER, CHEMUNG, ONTARIO, WAYNE AND SENECA COUNTIES - HEALTH SERVICES WHEREAS, the County Health Departments of the Finger Lakes area all have responsibilities for public health emergency planning and response, and WHEREAS, some public health problems may require public health services that exceed the capacities of the individual County Public Health Department, and WHEREAS, the County Health Department of the Finger Lakes Counties are desirous of establishing an inter-municipal agreement to provide mutual aid to each other during a public health emergency. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 59 NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Monroe, Livingston, Steuben, Yates, Chemung, Ontario, Wayne and Seneca Counties, effective July 1, 2010 through June 30, 2015, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 148 Motion by Halpin, Second by Larison. RE: RECOGNIZE JUNE 6 – 12, 2010 AS NATIONAL SUN SAFETY WEEK – PUBLIC HEALTH WHEREAS, overexposure to the sun can result in skin cancer later in life and sunburn can occur even on cloudy days, and WHEREAS, more than 905 of skin cancers occur on sun-exposed skin, and WHEREAS, on average, children get 3 times more exposure than adults and 80% of a person’s lifetime sun exposure is estimated to occur by age 18, and WHEREAS, one blistering sunburn can double a child’s lifetime risk of developing skin cancer, and WHEREAS, more than 1 million new cases of skin cancer are diagnosed each year in the United States and melanoma, the deadliest form of skin cancer, kills one person every hour, and WHEREAS, to prevent skin cancer, sunscreen with an SPF of 15 or higher should be used year round and can reduce some types of skin cancer by nearly 78%, and WHEREAS, the Sun Safety Alliance recommends avoiding reflective surfaces, such as concrete, sand, water and snow, which reflect 85% to 90% of the Ultra Violet rays, and WHEREAS, it is recommended that people avoid the mid-day sun, wear protective clothing, such as hats and sunglasses and reapply sunscreen often, especially after swimming, perspiring or toweling off. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes June 6 – 12, 2010 as National Sun Safety Week and recommends everyone protect themselves against skin cancers. Vote 7-0. RESOLUTION NO. 149 Motion by Halpin, Second by Larison. RE: ESTABLISH 2010 LEAD GRANT – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Lead Grant will be $11,866 for the period April 1, 2010 through September 30, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2010 Lead Grant Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all document relative to this grant, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 150 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH THE MENTAL HEALTH CLINIC FOR MEDICAL SOCIAL WORK SERVICES – PUBLIC HEALTH WHEREAS, Public Health is mandated to provide 100% of a service and the Medical Social Worker position covers that mandate, and WHEREAS, the Medical Social worker position is vacant, and WHEREAS, the Mental Health Clinic has a qualified Medical Social Worker who can cover these services, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman the Legislature be hereby authorized to execute a contract with the Mental Health Clinic for the Public Health Department for Medical Social Work Services for the term May 11, 2010 through December 31, 2010, renewable annually, at a rate of $45 per hour, but if more than 5.0 hours per week the rate will be $63 per hour, funding available in the 2010 Public Health budget account no. 4010.490, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 151 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE DECREASING THE HOURS OF A FULL-TIME SENIOR REGISTERED PROFESSIONAL NURSE POSITION - COMMUNITY SERVICES WHEREAS, a Registered Professional Nurse has requested a reduction in hours, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 60 WHEREAS, the Director of Community Services and Public Health has agreed and requests that the position be reduced to 27.0 hours per week. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize reducing the hours of a full-time Senior Registered Professional Nurse position from 35.0 to 27.0 hours per week, effective May 11, 2010. Vote 7-0. RESOLUTION NO. 152 Motion by Karius, Second by Yuhasz. RE: RECOGNIZE ROSE CICCONE AS THE NEW YORK STATE OFFICE FOR THE AGING SENIOR CITIZEN OF THE YEAR FOR SCHUYLER COUNTY – OFFICE FOR THE AGING WHEREAS, Mrs. Rose Ciccone is a lifelong resident of Schuyler County, and WHEREAS, Mrs. Ciccone has contributed to her community in various capacities including serving as a United Way volunteer, a Chamber of Commerce volunteer and on the Board of Trustees for the Village of Watkins Glen, and WHEREAS, most specifically, Mrs. Ciccone has organized the Concert in the Park series for the past 23 years, and WHEREAS, Mrs. Ciccone has orchestrated fundraising efforts to pay for the bands that perform throughout each season, successfully raised funds to refurbish the old bandstand at LaFayette Park and was responsible for the installation of a new sound system and dance floor at the park, and WHEREAS, Mrs. Ciccone deserves recognition for the contributions she has made for the betterment of the community including the residents of the county as well as a multitude of visitors. NOW, THEREFORE, BE IT RESOLVED, that the Legislature of Schuyler County does hereby recognize Mrs. Rose Ciccone as the New York State Senior Citizen of the Year for Schuyler County and urges everyone to take time to thank Mrs. Ciccone for her continued dedication and enthusiasm. Vote 7-0. RESOLUTION NO. 153 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH WATER WISE, INC. FOR WATER TREATMENT SERVICE – BUILDINGS & GROUNDS WHEREAS, our cooling tower and all boilers need to be treated to prevent deterioration as well as prolong life, and WHEREAS, the Building Maintenance Supervisor received quotes to provide this service, and WHEREAS, Water Wise, Inc. provided the lowest quote. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor recommends using Water Wise, Inc., 311 Exchange Boulevard, Rochester, NY 14608, for the annual sum of $1,500, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a service agreement with Water Wise, Inc. to provide water treatment service for the period of June 1, 2010 to May 31, 2011 at a total cost of $1,500, funding available in account no. 1620.400, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 154 Motion by Larison, Second by Marcellus. RE: AUTHORIZE AMENDING THE CONTRACT WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE CATHARINE VALLEY TRAIL - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 48-07 authorized a Contract with New York State Office of Parks, Recreation and Historic Preservation to develop the Northern end of the Catharine Valley Trail, and WHEREAS, the Catharine Valley Trail has been routed into Seneca Harbor Park along Decatur Street, Watkins Glen, instead of along the railroad tracks from 4th Street, Watkins Glen, and WHEREAS, there was funding to purchase property for the Trail. NOW, THEREFORE, BE IT RESOLVED, that the following contract changes be approved: Contract amount changed from $124,000 to $112,500 Contract extended to August 2011 Scope of work changed from development of Trail to Trailhead improvements and signage, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 61 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said Contract amendment, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 155 Motion by Larison, Second by Marcellus. RE: AUTHORIZE SEQR FOR ALIENATION OF A PORTION OF SENECA HARBOR PARK – BUILDINGS & GROUNDS WHEREAS, the Village of Watkins Glen and Schuyler County have both identified the orderly redevelopment of the Seneca Lake waterfront within the Village limits as a priority in various planning documents, including the Watkins Glen Local Waterfront Redevelopment Plan (2008) and the Schuyler County Comprehensive Plan (2005), and WHEREAS, a redevelopment proposal of parcel 65.09-2-38.1, to include approximately 37 townhomes and associated on-site residential and recreational amenities has been proposed and approved through the local site plan review process, and WHEREAS, the developer of said project must secure a secondary means of access to said parcel and has requested that Schuyler County grant an access easement of approximately .093 acres across the eastern edge of parcel 65.09-2-61.21, a portion of Seneca Harbor Park, and WHEREAS, in accordance with New York State Environmental Law Section 617.6 Schuyler County has determined that it has the authority and responsibility to conduct the required SEQR for this proposed unlisted action, and will coordinate with other involved agencies. NOW, THEREFORE, BE IT RESOLVED, that pursuant to New York State Environmental Law Section 617.6 Schuyler County declares lead agency status in the matter of an alienation request of approximately .093 acres located at the eastern end of Seneca Harbor Park on parcel 65.09-2-61.21. Tax map on file in the Legislative Office. Vote 7-0. RESOLUTION NO. 156 Motion by Fagan, Second by Marcellus. RE: AUTHORIZATION TO CREATE AND FILL A TEMPORARY BUILDING MAINTENANCE SUPERVISOR TRAINEE POSITION/AUTHORIZE APPOINTMENT TO THE BUILDING MAINTENANCE SUPERVISOR POSITION – BUILDINGS & GROUNDS WHEREAS, the Schuyler County Building Maintenance Supervisor will be retiring on June 29, 2010, and there is the need for a training period with the incumbent and his replacement, and WHEREAS, it is the recommendation of the County Administrator and Personnel Officer, that a Building Maintenance Supervisor Trainee position be created and filled within the Building & Grounds Department, and WHEREAS, it is also recommended by the County Administrator that Mickey A. Kastenhuber be appointed to said Trainee position and to be appointed to the Building Maintenance Supervisor position upon the retirement of the incumbent. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation, filling and appointment of Mickey A. Kastenhuber to the Building Maintenance Supervisor Trainee position at 40 hours per week, in Grade G of the Management/Confidential Salary Plan, to be paid the prorated rate of $45,000 per year, and BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the appointment of Mickey A. Kastenbuber to the Building Maintenance Supervisor position with an annual salary of $53,500 effective June 30, 2010, in Grade I of the Management/Confidential Salary Plan, and that the Buildings Maintenance Supervisor Trainee position be abolished as of June 30, 2010 upon the retirement of the incumbent. Vote 7-0. RESOLUTION NO. 157 Motion by Fagan, Second Marcellus. RE: AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR – 2011-2014 BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Timothy O’Hearn as Schuyler County Administrator for a four-year term effective January 1, 2011 and ending December 31, 2014, with an annual salary to be determined as part of the 2011, 2012, 2013 and 2014 budget process. Vote 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 62 RESOLUTION NO. 158 Motion by Fagan, Second by Marcellus. RE: AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND WHEREAS, the Schuyler County Treasurer has received $20,860.54 in revenues from the sale of timber on federally owned entitlement land in the Town of Hector, and WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code, these funds must be used for the benefit of public schools or public roads, and WHEREAS, this income is normally used by the Town of Hector for road maintenance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $20,860.54 to the Town of Hector for road maintenance in the Hector Land Use Area. Vote 7-0. RESOLUTION NO. 159 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE HISTORICAL SOCIETY BOARD OF TRUSTEES WHEREAS, there is a vacant position on the Historical Society Board of Trustees, and WHEREAS, Legislator Paul Marcellus has expressed an interest in serving on said board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Paul Marcellus to the Historical Society Board of Trustees for the term of May 10, 2010 through December 31, 2010. Vote 7-0. RESOLUTION NO. 160 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH BEVERLY MORLEY – REAL PROPERTY TAX WHEREAS, the Real Property Tax Service Agency is in need of assessment training services to ensure a smooth transition to a new assessor. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Beverly Morley for the Real Property Tax Service Agency for assessment training services for the term May 17, 2010 – December 31, 2010, funding available in the 2010 Real Property Tax Service Agency budget Account No. 1355.400 at a rate of $20 per hour on an as needed basis in an amount not to exceed $3,000, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 161 Motion by Fagan, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSESSOR BE IT RESOLVED, that this Legislature acknowledge the appointment by Thomas R. Bloodgood, Real Property Tax Director, of Daniel F. Bizzell as Assessor at an annual salary of $45,000, effective May 11, 2010 said position is in Grade Level G of the Management/Confidential Salary Plan. Vote 7-0. RESOLUTION NO. 162 Motion by Fagan, Second by Yuhasz. RE: RESOLUTION IN OPPOSITION OF ASSEMBLY BILL NO. A.9911 AND SENATE BILL NO. S.6849 AMENDING THE PUBLIC OFFICERS LAW, IN RELATION TO REQUIRING CERTAIN RECORDS WHICH ARE THE SUBJECT OF A DISCUSSION CONDUCTED AT AN OPEN MEETING BE MADE AVAILABLE TO THE PUBLIC WHEREAS, the New York State Assembly and Senate have introduced Assembly Bill No. A.9911 and Senate Bill No. S.6849 requiring certain Agency records available to the public pursuant to article six, as well as any proposed resolution, law, rule, regulation, policy or any amendment thereto, that are scheduled to be the subject of discussion by a public body during an open meeting shall be made available, to the extent practicable, prior to or at the meeting during which such records will be discussed. Such records shall be posted on the website of the agency with which the public body is affiliated, as soon as practicable, but not less than twenty-four hours prior to a meeting during which they will be discussed, and a reasonable number of copies of such records shall be made available, to the extent practicable, at or prior to the meeting, and WHEREAS, agencies are already required to make their documents available to the public upon request per the Freedom of Information Law, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 63 WHEREAS, said legislation would be a significant burden on staff and resources at the local government level, let alone could cost counties more money to make additional copies and to expand its technology to accommodate such requirement, and WHEREAS, said legislation would require all agency boards to make their records available to the public, in which Schuyler County has approximately fifty-two outside standing committees that this may affect, along with the six legislative committees, and one board meeting, and WHEREAS, Schuyler County also consists of municipalities that do not have internet capability, therefore causing them to make paper copies available and causing additional expenses for that municipality. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes Assembly Bill A.9911 and Senate Bill No. S.6849 as it would be a significant burden on staff and resources to comply with this requirement, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Senator George H. Winner, Jr., Thomas F. O’Mara, the New York State Association of Counties, Inter-County Association of Western New York, and any others deemed necessary. Vote 7-0. RESOLUTION NO. 163 Motion by Larison, Second by Marcellus. RE: MOTION TO BRING FOUR ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that four additional Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 164 Motion by Marcellus, Second by Halpin. RE: AUTHORIZE APPOINTMENT TO THE SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD WHEREAS, there is a vacancy on the Southern Tier Central Regional Planning & Development board due to the resignation of Jim Curatolo, Environmental Representative. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the following appointment, to fill the unexpired term of May 10, 2010 through December 31, 2011, to wit: SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Tim Hicks Vote 7-0. RESOLUTION NO. 165 Motion by Marcellus, Second by Haplin. RE: AUTHORIZATION TO CREATE, FILL AND ACKNOWLEDGE THE APPOINTMENT OF A DEPUTY ELECTION COMMISSIONER TRAINEE POSITION – BOARD OF ELECTIONS WHEREAS, Jean W. Kosty, Republican Deputy Commissioner, is resigning effective June 24, 2010, and WHEREAS, there is funding in the Board of Election 2010 budget for part-time personnel for transition training. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation, filling and acknowledges the appointment by Joseph Fazzary, Commissioner, Board of Elections of a Deputy Commissioner Trainee, Board of Elections, effective May 17, 2010 through June 24, 2010 for 15 hours per week at an hourly rate of $15.00 per hour. Vote 7-0. RESOLUTION NO. 166 Motion by Marcellus, Second by Halpin. RE: AUTHORIZE PAYMENT FOR ARMED FORCES DAY COUNTYWIDE REGISTRATION DRIVE – MAY 15, 2010 WHEREAS, Schuyler County is holding a Countywide registration drive on May 15, 2010 throughout the County in compliance with its Annual Action Plan filed with the New York State Board of Elections, and WHEREAS, there are nine Election Inspectors willing to work on said drive and there is funding in the Board of Elections 2010 Budget for part-time personnel to pay them $25.00 each for the three hour period they will be working. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the payment of $25.00 for the three hour period to the nine Election Inspectors working the Registration Drive, to be paid from existing ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 64 funds in the Board of Elections budget. Vote 7-0. RESOLUTION NO. 167 Motion by Marcellus, Second by Halpin. RE: RESOLUTION SETTING PUBLIC HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2010 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2010 the County did receive two requests from landowners for inclusion in any Schuyler County Agricultural district, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on March 15, 2010 that one of these requests is comprised of approximately 40 acres of substantially viable agricultural land in parcel 42.00-1-17, and WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County must review the potential environmental impacts of the action of including these 40 acres in Schuyler County Agricultural District and a SEQR hearing was held on May 10, 2010, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to hold a public hearing for consideration of the recommendations by the Board on the inclusion of said parcel 42.00-1- 17 on June 14, 2010 at 6:45 p.m. at its Regular Meeting of the Legislature. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Resolutions that will be discussed at the May 14th, 2010 Inter-County Meeting. Legislator Marcellus stated that the Hidden Valley 4-H Camp is a partner of New York State and has been for sixty five years. Some of his fondest memories as a Boy Scout was at camps during the Summer months. This camp is not just local it is known regional as well. This year it is already far exceeding its numbers in registration for this summer. He also reported that The Montour House is complete and at full occupancy. The developer has offered multiple tours throughout the renovation process and he continues to do so. The public is invited yet again to attend on May 14, 2010 from 6:00 -9:00 p.m. There will be photography there to view to document the construction process. He also reported that the Watkins Glen Area Chamber of Commerce is transitioning their rains of control from Max Neal to Rebecca LaMoreaux. He recently attended the annual meeting of the Arts of the Finger Lakes and they awarded the S. Robert Rose Award to Joan Argetsinger. . COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the County has been notified by the Southern Tier Central Regional Planning and Development Board that the application for the funding for the broadband was national and ours is ranked top in New York State. It now moves to the Federal Level. He also reported that the new transportation busses have arrived and he met with some community organizations to discuss needs and the opportunities that will be available. We will however, require a couple action items from this Legislature soon. One of them being a Resolution to authorize a Lease Agreement with the ARC for the operation of the buses and the other will be a Resolution that will be required to authorize the STOA payment for funding and operation. I have reviewed the Lease agreement with ARC and sent it to our County Attorney’s Office today. John Real from the Department of Transportation will be here on Thursday to discuss this process and the implementation. This is moving along with all of the stake holders. He has also met with Tony Vickio from Vickio Signs on the graphics and expects a quote soon. He also thanked the Legislators for their vote of confidence on re-appointing him for another four-year term. PUBLIC PARTICIPATION: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 65 A resident from the Town of Orange questioned the payment of sales tax to SCOPED and its effective date. Chairman Gifford explained that this will take effect next year, January 1, 2011. Legislator Fagan stated that this new formula required a one hundred eighty day notice to each of the municipalities. Mr. Ken Dillon thanked the Legislature for the vote of opposition on the gun legislation they passed. The Meeting adjourned at 7:09 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING JUNE 14, 2010 The June 14, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Marcellus and followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Sue Brill, Local CSEA President, said she is here to ask about Intro No. 21 on the agenda. She wanted to know how many employees are currently in the Department of Motor Vehicle. The County Clerk, Linda Compton, asked the Chairman if she could address Sue’s question. Chairman Gifford granted her the floor. County Clerk Compton stated that there are two very busy offices, the Office of County Clerk and the Department of Motor Vehicle. She explained how she struggles at times to cover lunch breaks let alone if someone is out sick. She has wanted to do cross training for quite some time now and this new position will give her the additional flexibility she needs in both offices. Sue Brill wanted it known that the union has some concerns and she is sure there will be more questions down the road. 6:45 P.M. PUBLIC HEARING:RECOMMENDING INCLUSION OF PARCEL 42.00-1-17 IN SCHUYLER COUNTY AGRICULTURAL DISTRICT There was no public in attendance. RESOLUTION NO. 168 Motion by Larison, Second by Halpin. RE: APPROVE THE MINUTES OF THE MAY 10, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 10, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 169 Motion by Field, Second by Halpin. RE: AUTHORIZE A MEMORANDUM OF AGREEMENT (MOA) BETWEEN TOMPKINS, CAYUGA, SCHUYLER, AND SENECA, COUNTIES FOR THE 2009 HAZARDOUS MATERIAL GRANT PROGRAM – EMERGENCY MANAGEMENT WHEREAS, this MOA is intended to build regional Weapons of Mass Destruction (WMD) Hazardous Material Response and Decontamination Capabilities, and WHEREAS, Schuyler County has limited capabilities to respond to Hazardous Material incidents, and WHEREAS, Schuyler County wishes to work with regional partners to enhance these capabilities, and WHEREAS, Schuyler County wishes to support a regional partner in the procurement of specialized equipment funded under the 2009 HazMat Grant Program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign any and all documents relative to the Agreement between Tompkins, Cayuga, Schuyler, and Seneca Counties effective upon signing through August 30, 2012, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 170 Motion by Field, Second by Halpin. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010/2011 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 66 WHEREAS, NYS Division of Criminal Justice Services has grant funding available through an Aid to Prosecution Grant for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses, and WHEREAS, this Grant is estimated to be in the amount of $31,800. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2010/2011 NYS Aid to Prosecution Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $31,800, said documents subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 171 Motion by Field, Second by Halpin. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010 GOVERNOR’S TRAFFIC SAFETY COMMITTEE – CHILD SAFETY SEAT PROGRAM GRANT – SHERIFF’S OFFICE WHEREAS, grant monies have been made available by the NYS Governor’s Traffic Safety Committee, for the purpose of assisting the Schuyler County Sheriff’s Office with obtaining equipment to enhance and improve the Child Safety Seat Program. Funding will be awarded to purchase a mobile fitting station, child safety seats and related equipment, and training for Child Safety Seat Technicians, and WHEREAS, this grant, is estimated to be in the amount of $15,200.00, with no County matching funds. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County Sheriff’s Office to submit a grant application for 2010 Governor’s Traffic Safety Committee Child Safety Seat Program Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $15,200.00 with no County match, said documents subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 172 Motion by Larison, Second by Marcellus. RE: AUTHORIZE THE ADDITION OF ONE PARCEL TO AG DISTRICT #2 AND DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) WHEREAS, in accordance with Section 303-b of New York State’s Agriculture and Markets Law, Schuyler County has established an annual period during which landowners can petition to add their property to the county agricultural districts, and during the 2010 enrollment period the Schuyler County Agriculture and Farmland Protection Board (AFPB) received two requests to add property to an agricultural district, and WHEREAS, one parcel was not determined to consist of substantially viable agricultural land by the Schuyler County Agriculture and Farmland Protection Board, and WHEREAS, the remaining parcel (ID #42.00-1-17), approximately 40 acres, located in the Town of Reading, would become part of Schuyler County Agricultural District and WHEREAS, following New York State Environmental Quality Review procedures (SEQR), the Schuyler County Legislature has reviewed a Short EAF to determine potential impacts, and held a SEQR hearing in this action on May 10, 2010, and NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature has found that the addition of parcel #42.00-1-17 to Schuyler County Agricultural District #2 will augment Schuyler County’s agricultural resources, and will have no significant negative environmental impacts. Vote 8-0. RESOLUTION NO. 173 Motion by Larison, Second by Marcellus. RE: RESOLUTION RECOMMENDING INCLUSION OF PARCEL 42.00-1-17 IN SCHUYLER COUNTY AGRICUTURAL DISTRICT #2 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2010 the County did receive two requests from landowners for inclusion in any Schuyler County Agricultural District, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 67 WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on March 15, 2010 that one of these requests is comprised of approximately 40 acres of substantially viable agricultural land in parcel 42.00-1-17, and WHEREAS, Schuyler County has completed an environmental assessment of this action and found it to have no significant negative environmental impact on May 10, 2010, and WHEREAS, Schuyler County has an active and healthy agricultural districts program, comprising approximately 97,000 acres and inclusive of a wide variety of agricultural enterprises, and the County seeks to support this vibrant part of our local economy through the New York State Agricultural Districts Program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests that the Commissioner of the New York State Department of Agriculture and Markets certify the inclusion of said parcel 42.00-1-17 in Schuyler County Agricultural District Vote 8-0. RESOLUYTION NO. 174 Motion by Larison, Second by Field. RE: NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT # 3 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(a), Schuyler County regular eight-year reviews of the agricultural districts within its boundaries, and WHEREAS, in 2009-2010 the Agricultural and Farmland Protection Board has been coordinating the review of Schuyler County Agricultural District in the towns of Catharine, Cayuta & Montour, and WHEREAS, the review of District #3 will lead to the potential inclusion of approximately 162 additional acres and the removal of approximately 1,852 acres, and WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County must review the potential environmental impacts any proposed modification of Schuyler County Agricultural District and conducted a coordinated review of this proposal as a potential Type 1 action, utilizing the RA- 115 form provided by NYS Department of Agriculture and Markets. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature has reviewed the potential impacts of the proposed modification and re-certification of Schuyler County Ag District #3 and found that there will be no significant negative environmental impacts associated with this action, and that inclusion of approximately 162 new acres of farm and agricultural resource land will strengthen the position of agriculture within our communities. Vote 8-0. RESOLUTION NO. 175 Motion by Larison, Second by Field. RE: RE-AUTHORIZE THE 2009 ANNUAL ENROLLMENT REQUEST AND RESCINDING RESOLUTION NO. 154-09 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural districts’ enrollment period from January 15th to February 15th of each year, and WHEREAS, during the 2009 enrollment period Schuyler County received requests to add property to an agricultural district, consisting of tax parcels 85.00-1-24.211, 64.00-3-3.12 and 76.20-1-1, although one parcel request was withdrawn during review (Parcel ID # 76.20-1-1), and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board found at their March 16, 2009 meeting that these parcels requests consist of substantially viable agricultural land by merit of soil types and/or historic and present use, and WHEREAS, Schuyler County did neglect to properly notice the required public hearing and did not notify the affected municipality, the Town of Dix, regarding the inclusion of the remaining parcels in Schuyler County Agricultural District NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature rescinds Resolution No. 154-09 requesting that the Commissioner of the New York State Department of Agriculture and Markets certifies the inclusion of said parcels in Schuyler County Agricultural District and does intend to hold a public hearing on July 12, 2010 regarding the annual agriculture enrollment requests of 2009. The previous ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 68 SEQR review, having been properly completed, still stands with a negative declaration of significant environmental impact related to these inclusion requests. Vote 8-0. RESOLUTION NO. 176 Motion by Larison, Second by Field. RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN- AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT WHICH WILL COVER 2010-2014 AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and WHERAS, the Schuyler County Legislature herein called the municipality, has examined and duly considered the applicable laws of the State of New York and the municipality deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a Contract by and between the People of the State of New York, herein called the State, and the municipality be executed for such State aid. NOW, THEREFOR, BE IT RESOLVED, by the Schuyler County Legislature: 1. That the filing of an application in the form required by the State of New York in conformity with the laws of the State of New York including all understandings and assurances contained in said application is hereby authorized. 2. That the Chairman of the Legislature is directed and authorized as the official representative of the municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; 3. That the municipality agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project. 4. That five Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York 12233-7253, together with one complete application when notified that funding is available and a full application is due. 5. That this resolution shall take effect immediately. Vote 8-0. RESOLUTION NO. 177 Motion by Karius, Second by Field. RE: AUTHORIZE CONTRACT WITH FAZZI ASSOCIATES, INC. TO CONDUCT MANDATED CONSUMER ASSESSMENT OF HEALTH CARE PLANS AND SYSTEMS (CAHPS) SURVEY- PUBLIC HEALTH WHEREAS, Schuyler County Certified Home Health Agency is required by Medicare to participate in the Home Health Care Consumer Assessment of Health Care Plans (HHCAHPS) Survey, and WHEREAS, Medicare certified home health agencies must choose an approved vendor to contract with for HHCAHPS survey administration, and WHEREAS, Fazzi Associates, Inc. is an approved survey vendor and is able and willing to provide these services, and WHEREAS, Fazzi Associates Inc. charges an annual subscription fee in addition to a stated price per patient sampled. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Fazzi Associates, Inc for the provision of HHCAHPS survey administration, effective June 1, 2010 through May 31,2011, at the rate of $ 875.00 per annual subscription and $3.00 per patient sampled, to be renewed annually, funds available in the Public Health budget, Account No. 4010.435, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 178 Motion by Karius, Second by Field. RE: AUTHORIZE CONTRACT WITH RONALD LISO FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 69 WHEREAS, the Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, Ronald Liso is approved as a provider for Early Intervention Services, and, WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Ronald Liso for Early Intervention Services, effective June 15, 2010 through December 31, 2010, at rates established by the New York State Department of Health, to be renewed annually, on a yearly basis, funds available in the Public Health budget, Account No. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 179 Motion by Karius, Second by Field. RE: AUTHORIZE CONTRACT WITH JULIE KINSMAN FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, Julie Kinsman is approved as a provider for Early Intervention Services, and, WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Julie Kinsman for Early Intervention Services, effective June 15, 2010 through December 31, 2010, at rates established by the New York State Department of Health, to be renewed annually, on a yearly basis, funds available in the Public Health budget, Account No. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 180 Motion by Larison, Second by Karius. RE: RECOGNIZE JULY 2010 AS CASE MANAGEMENT MONTH – COMMUNITY SERVICES WHEREAS, Case Managers are an essential part of the Mental Health Clinic, providing services to clients for all aspects of their lives, and WHEREAS, Case Managers supply their clients with some of the tools necessary to maintain their lives in the community and participate in their family’s activities, and WHEREAS, Case Managers provide information to their clients and refer them to other services within the County, as applicable, and WHEREAS, Case Managers help enable their clients to enjoy a better quality of life, and WHEREAS, Community Services would like to acknowledge the contributions made by Case Managers. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature recognize July 2010 as Case Management Month in Schuyler County. Vote 8-0. RESOLUTION NO. 181 Motion by Larison, Second by Karius. RE: AUTHORIZE A FUNDING AGREEMENT WITH NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS (NACCHO) MEDICAL RESERVE CORPS (MRC) – PUBLIC HEALTH WHEREAS, Schuyler County Public Health has received a NACCHO MRC Capacity Building Award of $5,000, and WHEREAS, Schuyler County will enter into an agreement with NACCHO MRC for the period January 22, 2010 through July 31, 2010 to receive funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this Funding Agreement, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2010 Award Budget accordingly in cooperation with Public Health. Vote 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 70 RESOLUTION NO. 182 Motion by Larison, Second by Karius. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2010-2011 – PUBLIC HEALTH WHEREAS, Resolution No. 74-10 authorized advertising for bids for transportation of preschool children with disabilities, and WHEREAS, bids were received and opened with the following recommendations being made. NOW, THEREFORE, BE IT RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center from July 1, 2010 to June 30, 2011 in the amount of $189.00, per child per day plus $25.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from Franziska Racker Centers from July 1, 2010 to June 30, 2011 at $188.00 per child, with a $20.00 per additional child fee be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from A&E Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program in Bath, NY from July 1, 2010 to June 30, 2011 in the amount of $244.39, per child per day plus $25.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from A&E Transportation for transportation of preschool handicapped children to and from Pathways Preschool Program in Avoca, NY from July 1, 2010 to June 30, 2011 in the amount of $247.07, per child per day plus $25.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Chemung County UCP from July 1, 2010 to June 30, 2011 at $193.00 per child per day with a $25.00 per additional child fee be, and hereby is accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Yates ARC / Keuka Lake Schools from July 1, 2010 to June 30, 2011 at $193.00 per child per day with a $25.00 per additional child fee be, and hereby is accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for miscellaneous transportation of preschool handicapped children from July 1, 2010 to June 30, 2011 in the amount of $2.40 per mile be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, funding available in the 2010 budget, account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 183 Motion by Larison, Second by Halpin. RE: PROCLAIMING ELDER ABUSE AWARENESS DAY – 2010 WHEREAS, Schuyler County has been informed by the International Network for the Prevention of Elder Abuse that June 15, 2010 is annual World Elder Abuse Awareness Day, and WHEREAS, the Schuyler County Office for the Aging and the Department of Social Services, in conjunction with the Finger Lakes Elder Abuse Coalition seek to educate the general public on issues of elder mistreatment and to facilitate Legislative change for the protection of the vulnerable elderly, and WHEREAS, elder abuse is grossly under reported because the elderly who are being abused find it very difficult to tell anyone and are usually ashamed and sometimes afraid, and WHEREAS, nationally only one in five cases get reported, and WHEREAS, Schuyler Counties older citizens laid the foundation for the state and nation we enjoy today, and WHEREAS, abuse of older persons is a tragedy inflicted on a vulnerable segment of the population that crosses all socio-economic boundaries, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 71 WHEREAS, combating abuse of older people will help to improve the quality of life for seniors across Schuyler County and New York State, and will allow senior citizens to continue to live as independently and vibrantly as possible, and WHEREAS, Schuyler County seniors should be treated with respect and dignity as they continue to serve as leaders, mentors, volunteers, important and active members of our councils, and WHEREAS, the County of Schuyler honors the countless contributions of its senior citizens, and recognizes all efforts to end elder abuse as vital to the interests of the citizens of this County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim June 15, 2010 as World Elder Abuse Awareness Day, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges both the public and private sectors to join them in recognizing the contributions of all older Americans and the right of these Americans to live in peace and dignity without fear of abuse, and in particular, those older Americans who are residents of Schuyler County. Vote 8-0. RESOLUTION NO. 184 Motion by Larison, Second by Halpin. RE: AUTHORIZE AGREEMENT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA FOR NY CONNECTS – OFFICE FOR THE AGING AND YOUTH BUREAU WHEREAS, the New York State Office for the Aging (NYSOFA) has mandated that various records for the provision of services under the NY Connects program are required to be electronically compiled, stored, and transmitted in certain electronic format, and WHEREAS, the software package to be used and that is highly encouraged by NYSOFA is Beacon which is manufactured, sold, and serviced by Harmony Information Systems, Inc., and WHEREAS, this NY Connects program has purchased Beacon which has been in use locally since 2009, and WHEREAS, there is money available in the Youth Bureau budget account 7310.0308 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Harmony Information Systems, Inc. to provide the necessary user licenses and implement software products to procure related services in the amount of $3,476.00 for the term of July 1, 2010 through June 30, 2011, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 185 Motion by Larison, Second by Halpin. RE: RESOLUTION SUPPORTING A TEMPORARY EXTENSION OF ENHANCED FEDERAL MEDICAID MATCHING FUNDS PROVIDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) – SOCIAL SERVICES WHEREAS, Medicaid is a Federal, State, and local health care program whose costs and administration represents the largest component of the State and local fiscal relationship in New York, currently totaling over $51 billion annually, and WHEREAS, since the program’s inception, counties across the state have struggled to fund the growth of the Medicaid local share and even with local budget austerity measures the program’s cost has resulted in higher property taxes, higher sales taxes, and a decline in County services, and WHEREAS, while a local Government Medicaid “cap” has been implemented in New York in an effort to provide some budget stability and help shield local taxpayers from the impact of excessive Medicaid growth, Counties remain concerned with the future sustainability of the Medicaid program, the effect on other State and local budget priorities, and the overall outlook for New York’s economic competitiveness, and WHEREAS, Congress has provided an increase in Federal Medicaid matching funds, set to expire on December 31, 2010, to all states under the American Recovery and Reinvestment Act in recognition of the recent fiscal crisis, and WHEREAS, in addition to providing fiscal relief to the State of New York, this increase also provides direct fiscal relief to local Governments in New York State which helps ease the local property and sales tax burden for all New Yorkers, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 72 WHEREAS, the U.S. Senate, House and the President all support a six month extension of this critical temporary enhanced Medicaid assistance through June 30, 2011 because of the continued fiscal pressures experienced by State and local Governments due to further declines in tax revenues and increased demand for public services stemming from the recession, and WHEREAS, since New York and twenty-three other states have included a six month extension of this enhanced funding in their budgets for the coming year, it is imperative that Congress enact a six month extension of enhanced Medicaid assistance payments as soon as possible, to allow States to finalize their budgets without having to fill even larger budget holes with tax increases or service cuts that would be necessary in the absence of this federal funding. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports a six month extension of the enhanced Federal Medical Assistance Percentage (FMAP) as established under the American Recovery and Reinvestment Act through June 30, 2011, and BE IT FURTHER RESOLVED, that NYSAC calls upon the Governor and the State Legislature to encourage the New York Congressional Delegation to support this six month extension, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Governor David Paterson, Thomas F. O’Mara, Senator George H. Winner, Jr., Senator Charles E. Schumer, Senator Kirsten E. Gillibrand, Majority and Minority Leaders and NYSAC and all others deemed necessary. Vote 8-0. RESOLUTION NO. 186 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACT WITH THE ARC OF SCHUYLER COUNTY FOR PUBLIC TRANSIT/AUTHORIZE AMENDING THE 2010 BUDGET WHEREAS, Sec. 1191- of the General Municipal Law authorizes a county to enter into contracts with private bus systems for the performance of certain transportation operations, and WHEREAS, Sec. 18-b of the Transportation Law authorizes a state funded assistance program for passenger transportation and further provides that the county may make application to the New York State Department of Transportation for funds to maintain existing bus transportation services, which said funds, upon receipt by the municipality, are to be matched by said municipality, and WHEREAS, it is proper for carriers to contribute to the county the said matching funds to the end that the carrier shall receive the funds under Sec. 18-b of the Transportation Law available for its transportation operations within the County of Schuyler. NOW, THEREFORE BE IT RESOLVED THAT: 1. The. County Treasurer and the Chairman of the Legislature are hereby authorized to apply on behalf of the County for carrier assistance funds under Sec. 18-b of the Transportation Law and provide matching funds, as well as other State Operating Assistance Programs that may be enacted. 2. That the County, by its Chairman of the Board, enters into a contract with The Arc of Schuyler County for the providing of carrier service. 3. That the contract with the said Carrier be so drawn as to minimize cost to the County by utilizing existing human service transportation budget allocations to fund the required matching portion, and BE IT FURTHER RESOLVED, that the 2010 budget be amended to include the following accounts to administer these kinds: AMOUNT ACCOUNT NO. DESCRIPTION +$140,000 5630.400 Bus Operations +$140,000 5630.3594 State Aid Bus Companies Vote 8-0. RESOLUTION NO. 187 Motion by Larison, Second by Marcellus. RE: AUTHORIZE CONTRACTS FOR FEDERAL SECTION 5311 TRANSIT OPERATING ASSISTANCE WHEREAS, the Governor of the State of New York has designated the New York State Department of Transportation (NYSDOT) to receive and administer federal funds under a Non-Urbanized Area Formula Program, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 73 WHEREAS, NYSDOT is authorized by Section 14 of the Transportation Law to assist in the operation of transportation facilities and services in the State, including mass transit facilities and services, and WHEREAS, Schuyler County is a grantee under said Program and may make application annually to NYSDOT for such federal aid for operating assistance for the project, and WHEREAS, the Arc of Schuyler County will provide certain public mass transportation services as part of this Program and will receive payment annually by Schuyler County of certain reimbursable operating expenses associated with the rendition of such services, and WHEREAS, NYSDOT and Schuyler County desire to enter into a continuing agreement from July 1, 2010 through December 31, 2014; for the receipt by the county of federal operating assistance payments pursuant to said annual project applications, provided that such federal funding is made available by the Federal Transit Administration and the State. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts relative to this arrangement; subject to the approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 188 Motion by Larison, Second by Marcellus. RE: AUTHORIZE TRANSFER OF FUNDS FROM FACILITIES AND GROUNDS CAPITAL RESERVE ACCOUNT TO SHARED PUBLIC WORKS FACILITY CAPITAL ACCOUNT – BUILDINGS AND GROUNDS WHEREAS, the Shared Public Works project has exceeded the $2,983,000 funding in place for the project, and WHEREAS, with the exception of some punch list items, the project is complete. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds not to exceed $25,000 from the Facilities and Grounds Capital Reserve account no. 004.1620.209 into the Shared Public Works Facility Capital Reserve account no. 004.1620.211. Vote 5-3. No: Fagan, Halpin, Karius. RESOLUTION NO. 189 Motion by Fagan, Second by Field. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE THE POSITION OF ASSISTANT DEPUTY COUNTY CLERK POSITION – COUNTY CLERK WHEREAS, there is a pending vacancy in the Department of Motor Vehicle Office (DMV), and WHEREAS, there is need for cross training between the County Clerk’s Office and the DMV Office, and WHEREAS, this would help improve operations in both offices, and WHEREAS, the County Clerk is requesting to create a position, with the approval of the County Administrator, and WHEREAS, the Personnel Officer has titled said position to be an Assistant Deputy County Clerk, and WHEREAS, the County Administrator and Human Resources Director have completed the following factor rating for the position of Assistant Deputy County Clerk: I Accountability 60 II Complexity of Duties 60 III Experience/Knowledge 70 IV External Contacts 30 V Independent Judgment 50 VI Internal Contact 15 VII Impact on Programs/Adm. 25 VIII Interpersonal Skills 40 IX Supervision/Leadership 75 TOTAL 425 = Grade D, and WHEREAS, funding would be available upon the retirement of the motor vehicle supervisor position in the DMV. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 74 NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the addition of an Assistant Deputy County Clerk position with the above factor rating in Grade Level D, and WHEREAS, the County Clerk is hereby authorized to create a full-time Assistant Deputy County Clerk position in the County Clerk’s Office with a starting salary range of $33,361 to $41,340, effective immediately. Vote 8-0. RESOLUTION NO. 190 Motion by Fagan, Second by Field. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 2009 through March 31, 2010, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit attached hereto. Vote 8-0. RESOLUTION NO. 191 Motion by Fagan, Second by Field. RE: AUTHORIZE CONTRACT WITH JAMES P. ELKINS FOR GRAPHIC DESIGN SERVICES - BOARD OF ELECTIONS WHEREAS, Schuyler County Board of Elections is holding a Countywide Registration Drive and requires advertising of the event, and WHEREAS, James P. Elkins has agreed to perform the design services at the rate of $15.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with James P. Elkins for Graphic Design services for the term of May 5, 2010 through December 31, 2010, funding available in the 2010 Board of Elections budget Account No. 001.1450.0435 subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 192 Motion by Fagan, Second by Field. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – BOARD OF ELECTIONS WHEREAS, Jean W. Kosty, Republican Deputy Commissioner in the Board of Elections, has tendered her resignation effective June 24, 2010, and WHEREAS, Joe Fazzary, Republican Commissioner in the Board of Elections, has appointed Cindy L. Cady to replace Jean W. Kosty with the endorsement of the Republican Party. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by Joe Fazzary, Commissioner, Board of Elections of Cindy L. Cady as Deputy Commissioner, Board of Elections effective June 25, 2010 through December 31, 2010 at an annual salary of $30,000. Vote 8-0. NEW BUSINESS: The Clerk of the Legislature brought up the memorandum from the New York State Economic Development Council (NYSEDC) email received today regarding the opposition to Legislative Bill A3659 and asked if the Legislature wanted to discuss it and act on a letter or Resolution. Legislator Fagan explained that this basically supports the IDA’s paying the prevailing wages. Clerk Husted asked if they wished to pass a Resolution or authorize the Chairman to send a letter in opposition? County Administrator O’Hearn felt that a letter would be more timely as they are voting on this Wednesday. Legislator Larison felt it should also be brought up at the Inter-County Association of Western New York meeting this Friday and asked for a copy of the letter when it was complete. Clerk Husted said she will put together a letter for the Chairman to sign and have it emailed to the state legislators Tuesday. MOTION by Legislator Larison to have the Chairman of the Legislature write a letter of opposition using the memo from the NYSEDC, SECOND by Legislator Marcellus. Motion carried eight ayes to zero noes. UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 75 Legislator Halpin reported on the Youth Board meeting. She heard some concerns at the last meeting regarding the lack of jobs in our County for youth and it is not just because of funding. It is because adults are taking the jobs that would normally be for kids in the summertime. She would like to see the County develop a dialogue regarding the lack of jobs. Legislator Karius commented that this is the situation in the whole State, not just in our County. Legislator Halpin said it is the County she is concerned about. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that as of 6:20 p.m. there is still no action at the State level. The latest update from the New York State Association of Counties (NYSAC) is that there will be additional cost shifting to the Counties, Child Welfare will be affected the most. Human Services in general are affected. He also reported that the real estate counter offer has been accepted on the Office for the Aging property and the Local Development Corporation (LDC) has received a business plan. He discussed this on Wednesday at Legislative Resolution Review Committee. He also reported that the retirement incentive from the state has been received by employees with limited interest. We do have a window to operate in and it will be going through Management & Finance Committee this month. The Legislature will need to introduce a local law in July and act on adoption in August in the event we proceed with this. He feels this remains a possibility. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:48 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk SPECIAL MEETING JUNE 24, 2010 The June 24, 2010 Special Meeting was called to order by Chairman Gifford at 9:08 a.m. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present, except Legislators Larison and Halpin who were excused. County Attorney James Coleman was also present. County Administrator O’Hearn was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 193 Motion by Karius, Second by Field. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.8134A AND ASSEMBLY BILL A.11412A TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO SENECA HARBOR PLACE, LLC, AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK Vote 6-0. RESOLUTION NO. 194 Motion by Fagan, Second by Karius. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.8134A AND ASSEMBLY BILL A.11412A TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF SCHUYLER TO CONVEY TO SENECA HARBOR PLACE, LLC, AN EASEMENT THROUGH LAND LOCATED IN THE COUNTY’S SENECA HARBOR PARK BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.9134A and Assembly Bill A.11412A to adopt special legislation, amending New York State law to allow the Schuyler County Legislature to convey to Seneca Harbor Place, LLc, a permanent easement of the described parcel attached through land located in the County’s Seneca Harbor Park, contingent upon satisfactory compliance with the requirements of the Office of Parks, Recreation and Historic Preservation, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 76 BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator George H. Winner, Jr., New York State Thomas M. O’Mara, and to the Majority and Minority Leaders of the New York State Assembly and Senate. DISCUSSION: It was reported by the County Administrator, prior to the meeting, that the Village of Watkins Glen has approved their portion of this transition of land conveyance and this action today will complete the County’s participation towards this proposed development. Vote 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:18 a.m. Stacy B. Husted, Clerk SPECIAL MEETING JUNE 30, 2010 The June 30, 2010 Special Meeting was called to order by Chairman Gifford at 8:55 a.m. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present, except Legislators Yuhasz who was excused. Assistant County Attorney Dennis J. Morris was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 195 Motion by Larison, Second by Karius. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. APPOINTMENT TO THE SCHUYLER COUNTY LEGISLATURE TO FILL UNEXPIRED TERM Vote 5-1: No: Halpin. RESOLUTION NO. 196 Motion by Larison, Second by Karius. RE: APPOINTMENT TO THE SCHUYLER COUNTY LEGISLATURE TO FILL UNEXPIRED TERM WHEREAS, Legislator Paul N. Marcellus has resigned his seat as a legislator, effective June 28, 2010, which resignation is simultaneously accepted by this Legislature, and WHEREAS, Local Law No. 3 of the year 1976 duly adopted by this Legislature provides as follows: "In the event of a vacancy created by the happening of one of the events defined in section thirty of the Public Officers Law of the State of New York before the expiration of the term of any member of the Legislature, such vacancy shall be filled by appointment of the County Legislature of a qualified person who shall hold such office until such person's successor is elected at the next general election in conformity with applicable and controlling statutory provision," and WHEREAS, the Legislature wishes to conform with the Local Law by placing Philip C. Barnes on the board by appointment to fill Legislator Marcellus’s unexpired term. NOW, THEREFORE, BE IT RESOLVED, pursuant to Local Law No. 3 of 1976 that Philip C. Barnes be, and hereby is, appointed as County Legislator to represent District II commencing immediately to fill the vacated unexpired term of Legislator Paul N. Marcellus ending December 31, 2010. DISCUSSION: Legislator Halpin wished to make it clear that she felt this is a blatant attempt to provide advantage to one legislator candidate over other candidate and she feels it is not fair. She said maybe she is more sensitive to this from last year’s election and what happened to her personally, but she feels it would be more appropriate to wait until after the September primary before appointing a legislator to fill this vacant unexpired term. She will be voting no on this Resolution. Legislator Larison feels someone needs to be here to be at meetings to help with a quorum and it needs to be done. Legislator Halpin stated that only five legislators are required to pass a Resolution and even with seven legislators on the board she feels they would not have a problem with a quorum. She has no personal opinion on either candidate, just on the process being played out today. She asked why the other candidate(s) were not considered. Chairman Gifford said who is to say they weren’t. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 77 Vote 5-1. No: Halpin. PUBLIC PARTICIPATION: None. The Meeting Adjourned at 9:00 A.M. Stacy B. Husted, Clerk REGULAR MEETING JULY, 12, 2010 The July 12, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: John and Jackie Wickham were present to address the Legislature regarding the new proposed site for the Dog Shelter in the Town of Catharine. John explained that they live at 2391 County Route 10, on the other side of the road from the proposed new Dog Shelter location. They are not against the dog shelter and realize the County needs a new facility. However, he wanted to point out some things that the Legislature may not be aware of and should be considered before you pass the Resolution on the agenda tonight in support of the shelter. In 2001, Dr. Fielder had opened the Vet Clinic at this site. It was against the Town of Catharine’s zoning ordinance. He had to get a variance from the Town. It, at the time, was allowed as residential agricultural. He had to apply for a special permit. The same applies to the facility now. There are a number of issues that you need to be aware of. There are only two acres there with one house and three septics with grey water. I know this is a Town of Catharine problem and not the County’s. There are eight houses within a quarter mile. We are not against the dog shelter, but we need a place for twenty-four dogs barking round the clock and this is not a good place as there are residents there. That is unless we are going to receive some sort of an assurance of a decimal rating. There are also traffic concerns during their spay and neuter clinic day. There are about twenty to forty cars just during the time of the clinic. We pay about $9,000.00 per year for taxes. We are just asking that before you approve the new Dog Shelter, some items need to be considered first. Perhaps reword the Resolution. We are not alone, there are others that feel the same, just are not here with us tonight. Chairman Gifford stated that the proposed Resolution is not approving the dog shelter, it just shows our support of it. We don’t have any say over the Town. Jack Wilbur, a member of the Preserving the Finger Lakes Region Commission, addressed the Legislature regarding concerns with the gas drilling. He showed an article he wrote that was published in the Geneva Times on the front page. He expressed the concerns with the existing Finger Lakes Region. He feels this needs to be looked at in the bigger picture. The gas drilling is defined as potential huge financial gains that have been made over the past decade. He then showed a diagram of the Finger Lakes Region to put a perspective on its size. We have natural beauty in the region and its watershed. Texas and the gulf have been negatively impacted and will continue to be for a long time. We have over twenty-two million visitors to our region each year. He quoted numbers for tourism in various areas. He is concerned that people may choose to leave our area, businesses will be affected, and wineries will lose revenue. Onondaga and Tomkins Counties have asked for a stay to prevent drilling in their areas. Drilling may not be beneficial in the long run. He is asking the Legislature to declare a moratorium. 6:45 P.M. PUBLIC HEARING ON THE INCLUSION OF PARCELS LOCATED IN THE TOWN OF DIX TO AGRICULTURAL DISTRIC II – No public present. Public Hearing closed at 6:46 p.m. RESOLUTION NO. 197 Motion by Larison, Second by Yuhasz. RE: APPROVE THE MINUTES OF THE JUNE 14, 2010 REGULAR MEETING, THE JUNE 24, 2010 SPECIAL MEETING AND THE JUNE 30, 2010 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 14, 2010 Regular Meeting, the June 24, 2010 Special Meeting and the June 30, 2010 Special Meeting of the Schuyler County Legislature be approved. Vote 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 78 RESOLUTION NO. 198 Motion by Larison, Second by Halpin. RE: ADOPT SCHUYLER COUNTY ARSON CONTROL PLAN - SCHUYLER COUNTY EMERGENCY MANAGEMENT WHEREAS, the Arson Control Plan for Schuyler County was initially approved in 1981, and WHEREAS, the plan has been revised by the Emergency Management office, and WHEREAS, the purpose of the plan is to provide a comprehensive plan that gives guidance and a systematic process by which all fires in Schuyler County shall be investigated, and WHEREAS, the plan has been approved by New York State Office of Fire Prevention and Control, Arson Bureau on April 30, 2010. NOW, THEREFORE, BE IT RESOLVED, that effective immediately, the Schuyler County Legislature does hereby adopt the revised January 28, 2010 Arson Control Plan, under the authority General Municipal Law 204-C, a County shall develop a plan for arson investigation within such County. Vote 8-0. RESOLUTION NO. 199 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING EQUIPMENT UPGRADE TO INCLUDE GLOBAL POSITIONING SYSTEM CAPABILTIES - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department already uses an electronic home monitoring system through Behavioral Interventions Inc. that monitors a defendant in their home, and has identified the need for a system with GPS capabilities, and WHEREAS, there are already funds available in the 2010 Probation Department budget under the current electronic home monitoring program to pay for the use of a newer GPS system, and WHEREAS, there is no cost to Schuyler County to upgrade the current electronic home monitoring system to a more efficient system. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Behavioral Interventions Inc., for the use of electronic home monitoring equipment with Global Positioning System capabilities, effective upon signature annually, at a cost of $5.50 per day, to be reimbursed by client, subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 200A Motion by Larison, Second by Fagan. RE: MOTION TO TABLE RESOLUTION NO. 200 BE IT RESOLVED, that Resolution No. 200 be tabled to allow the Town of Catharine to vote on this first. Vote 7-1. No: Gifford. RESOLUTION NO. 200 Motion by Larison, Second by Halpin. RE: RESOLUTION IN SUPPORT OF THE SCHUYLER COUNTY HUMANE SOCIETY’S SHELTER PROJECT - TABLED WHEREAS, the Humane Society of Schuyler County has been supporting county residents by supplying low cost spay/neuter services to county dogs and cats since 2001, and WHEREAS, to date, over 5,500 dogs and cats have been altered, eliminating many thousands of unwanted kittens and puppies, many of which would have ended up in area shelters at tax payer expense, and WHEREAS, the Humane Society collaborates with the Schuyler County Legislature and Sheriff’s Department by staffing and managing the County Dog Shelter, administering the Legislature’s canine spay/neuter certificate program, supporting free County rabies clinics, all of which result in a significant sayings to County taxpayers, and WHEREAS, the Humane Society operates an adoption service placing in permanent homes 831 cats since 2005, and WHEREAS, since taking over operation of the County Dog Shelter in August 2009, the Humane Society has taken in 147 lost, abandoned or seized dogs, and adoption efforts have placed 58 dogs in permanent homes without a single euthanasia, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 79 WHEREAS, the Humane Society is now planning an expansion of their facility on County Route 10 in the Town of Catharine that will combine the spay/neuter clinics, the cat shelter and the County Dog Shelter into one modern facility, improving conditions for the animals, increasing adoptions and serving as one point of contact for the community, and WHEREAS, eliminating the Town of Dix County Dog Shelter will substantially reduce costs to the County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the Humane Society’s Shelter Project and urges the Planning Board and Town Board of the Town of Catharine and all Schuyler County residents to support this project as well. Vote 8-0. DISCUSSION: Legislator Larison feels that this Resolution should be tabled to allow the Planning Commission as well as the Town of Catharine to vote on this first. He agree that the Legislature should still support it though. RESOLUTION NO. 201 Motion by Karius, Second by Larison. RE: RESOLUTION SETTING FINAL PUBLIC HEARING FOR REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #3 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an eight year review of each of the three Agricultural Districts within the County, and WHEREAS, Schuyler County Agricultural District #3 was certified on February 15, 2001 and has been under review since late 2008 by the Schuyler County Agriculture and Farmland Protection Board, and WHEREAS, an initial public hearing was duly noticed for December 9, 2008, and WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback resulted in a proposed modification of District #3 through the addition of 162 acres and removal of 1,852 acres. NOW, THEREFORE, BE IT RESOLVED, Schuyler County desires to hold a final public hearing on the proposed modification of Schuyler County Agriculture District #3 on August 9, 2010 at 6:45 p.m., and will notify impacted Municipalities of such hearing and will publish a notice of hearing in the paper of record. Vote 8-0. RESOLUTION NO. 202 Motion by Larison, Second by Field. RE: AUTHORIZE ACCEPTANCE OF THE 2009 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUEST WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district’s enrollment period from January 15th to February 15th of each year, and WHEREAS, during the 2009 enrollment period Schuyler County received requests to add property to an agricultural district, consisting of tax parcels 85.00-1-24.211, 64.00-3-3.12 and 76.20-1-1, although one parcel request was withdrawn during review (Parcel ID # 76.20-1-1), and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board found at their March 16, 2009 meeting that these parcels requests consist of substantially viable agricultural land by merit of soil types and/or historic and present use, and WHEREAS, Schuyler County did neglect to properly notice the required public hearing and did not notify the affected municipality, the Town of Dix, regarding the inclusion of the remaining parcels in Schuyler County Agricultural District and WHEREAS, Schuyler County did hold a public hearing on the inclusion of these parcels in District #2 on July 12, 2010, after duly notifying the Town of Dix and publishing a notice of public hearing in the paper of record, and WHEREAS, the previous SEQR review, having been properly completed, still stands with a negative declaration of significant environmental impact related to these inclusion requests. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature does accept these requested inclusions into Schuyler County Agricultural District and requests that the Commissioner of the New York State Department of Agriculture and Markets certifies these inclusions. Vote 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 80 RESOLUTION NO. 203 Motion by Karius, Second by Larison. RE: TWO-YEAR APPOINTMENT BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below board for the term January 1, 2010 through December 31, 2011, to wit: PLANNING COMMISSION Joe Sevier, Town of Tyrone Vote 8-0. RESOLUTION NO. 204 Motion by Karius, Second by Larison. RE: ACCEPT AND ESTABLISH THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT FOR OCTOBER 1, 2010 – SEPTEMBER 30, 2011 – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Children with Special Health Care Needs Grant will be $15,818 for the period October 1, 2010 through September 30, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2010-2011 Children with Special Health Care Needs budget accordingly in cooperation with Public Health. Vote 8-0. RESOLUTION NO. 205 Motion by Yuhasz, Second by Halpin. RE: AUTHORIZE CONTRACT WITH CORNING COMMUNITY COLLEGE AND THE SCHUYLER COUNTY HOME HEALTH/PUBLIC HEALTH AGENCY AS A NURSING EDUCATION FACILITY – PUBLIC HEALTH WHEREAS, the Public Health Department wishes to contract with Corning Community College so they can utilize our clinical facilities of the Public Health Agency for their Nurse Education Program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Corning Community College for the term August 1, 2010 through July 31, 2011, for the Nursing Education Facility, at no cost to the County, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 206 Motion by Yuhasz. Second by Halpin. RE: RECOGNIZE AUGUST 2010 AS NATIONAL IMMUNIZATION AWARENESS MONTH – PUBLIC HEALTH WHEREAS, immunization is one of the most significant public health achievements of the 20th century and vaccines have eradicated smallpox and eliminated wild poliovirus in the United States, and WHEREAS, immunizations have significantly reduced the number of cases of measles, diphtheria, rubella, pertussis and other diseases, but people in the U.S. still die from these and other vaccine-preventable diseases, and WHEREAS, vaccines offer safe and effective protection from infectious diseases and by staying up-to- date on the recommended vaccines, individuals can protect themselves, their families, friends and their communities from serious, life-threatening infections, and WHEREAS, because children are particularly vulnerable to infection, most vaccines are given during the first five to six years of life and other immunizations are recommended during adolescent or adult years and, for certain vaccines, booster immunizations are recommended throughout life. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes August 2010 as National Immunization Awareness Month and recommends that all Schuyler County residents receive the appropriate vaccinations at appropriate times to ensure their protection and the protection of our community from preventable diseases. Vote 8-0. RESOLUTION NO. 207 Motion by Yuhasz, Second by Halpin. RE: AUTHORIZE AN AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE OPERATION OF A SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) – SOCIAL SERVICES WHEREAS, Schuyler County has an interest in the employment and economic well-being of its residents, including youth, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 81 WHEREAS, NYS Office of Temporary and Disability Assistance (OTDA) will release $19,345 in TANF funds to Schuyler County for the purpose of providing a Summer Youth Employment Program, and WHEREAS, the Schuyler County Youth Bureau has significant experience and expertise in youth programming and has in previous years successfully contracted with the Schuyler County Department of Social Services to provide employment and training services to eligible youth and along with administrative oversight, has operated the SYEP for the Department in prior years, and WHEREAS, in anticipation of the TANF SYEP funding from OTDA, the Schuyler County Youth Bureau has been taking applications from potentially eligible youth and canvassing possible work-sites for summer employment, and WHEREAS, the Department of Social Services proposes to contract with the Schuyler County Youth Bureau for the operation of a Summer Youth Employment Program for approximately 6 weeks, from May to September, and WHEREAS, the total cost of the 2010 Schuyler County SYEP shall be no more than $19,345, with no local share. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to accept $19,345 in TANF SYEP funds from the State of New York, and BE IT FURTHER RESOLVED, that the Department of Social Services be authorized to enter into an agreement with the Schuyler County Youth Bureau for the operation of the 2010 Summer Youth Employment Program in an amount not to exceed $19,345 (with no local cost to the County), subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 208 Motion by Larison, Second by Field. RE: AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM –YOUTH BUREAU WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau through a contract with the Department of Social Services, will implement the Summer Youth TANF Employment program, and WHEREAS, the program will employ up to 20 youth with the wages for the youth and supervisors paid through the TANF money. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from May 1, 2010 through September 30, 2010 for youth ages 14 – 21. Vote 8-0. RESOLUTION NO. 209 Motion by Larison, Second by Field. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR DEVELOPMENT OF THE CATHARINE VALLEY TRAIL– BUILDINGS AND GROUNDS WHEREAS, Resolution 48-07 authorized the design work to be done to complete the Catharine Valley Trail into Seneca Harbor Park. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Schuyler County Legislature is directed to advertise for bids of the development of Trail to Trailhead improvements and signage, upon completion of the Design & Bid specifications by Hunt Engineers, Architects and Surveyors. Vote 8-0. RESOLUTION NO. 210 Motion by Larison, Second by Field. RE: AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE - HIGHWAY WHEREAS, a project for the replacement of BIN 3332400, Bower Road over Bolter Creek, Town of Hector, Schuyler County, PIN 6754.54 (“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 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 82 WHEREAS, the County of Schuyler desires to advance the project by making a commitment of 100% of the non-federal share of the costs of the replacement of BIN 3332400, Bower Road over Bolter Creek, Town of Hector, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project and authorizes the County of Schuyler to pay in the first instance 100% of the Federal and non-Federal share of the cost of design and right of way incidental work for the project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $150,000.00 will be appropriated in upcoming budgets, account number 5020.400 and made available to cover the cost of participation in the above phase of the project, 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 County of Schuyler 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 Chairman of the Schuyler County Legislature be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler 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 and the municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid-eligible project costs and all project costs within 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, this Resolution shall take effect immediately. Vote 8-0. RESOLUTION NO. 211 Motion by Fagan, Second by Field. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Department 5781 Dell Computer CX280 1QT2J61 Highway 4417 Xerox 3001 Engr. Copier W4E016157 Real Property SURPLUS Asset # Description Department 4464 2000 Jeep Cherokee 1J4FF28S4YL214293 Health Services N/A 4-Dwr File Cabinet Real Property N/A Various Cell Phones/Accessories Purchasing N/A Various Printer Cartridges OFA Vote 8-0. RESOLUTION NO. 212 Motion by Fagan, Second by Field. RE: AUTHORIZE AMENDING THE SCHUYLER COUNTY FIXED ASSETS POLICY CHANGING THE FIXED ASSET (INVENTORY) THRESHOLD FROM $500 TO $1,000 – PURCHASING WHEREAS, Resolution No. 127-04 authorized equipment fixed assets to be a minimum value of $500 to meet GASB 34 requirements, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 83 WHEREAS, most municipalities in New York State currently now use $1,000 as a fixed asset threshold, and WHEREAS, the County’s Auditing Firm, Ciaschi, Dietershagen, Little & Mickelson has recommended increasing the threshold amount from $500 to $1,000 for (inventory) fixed assets (excluding laptops, computer, etc.) in conjunction with the Purchasing Specialist who concurs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts and approves the change in the Schuyler County Fixed Asset threshold from $500 to $1,000, and BE IT FURTHER RESOLVED, that amendment(s) will be made to the Fixed Asset Policy and Procedure Manual reflecting this change. Vote 8-0. RESOLUTION NO. 213 Motion by Fagan, Second by Field. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER WHEREAS, the State of New York has offered Employers a Retirement Incentive Program, which must be implemented by a Local Law to be enacted on or before August 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2010 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on August 9, 2010 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. PART A OPTION LOCAL LAW INTRO NO. 2 OF THE YEAR 2010 A LOCAL LAW electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler. BE IT ENACTED by the Schuyler County Legislature of the County of Schuyler as follows: 1. The County of Schuyler hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the retirement incentive program shall be August 10, 2010. 3. The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 60 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the County of Schuyler for each employee who receives the retirement benefits payable under this local law. 5. This act shall take effect August 10, 2010. Vote 8-0. RESOLUTION NO. 214 Motion by Fagan, Second by Field. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER WHEREAS, the State of New York has offered Employers a Retirement Incentive Program, which must be implemented by a Local Law to be enacted on or before August 31, 2010. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of the year 2010 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on August 9, 2010 at 6:55 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. PART B OPTION LOCAL LAW INTRO NO. 3 OF THE YEAR 2010 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 84 A LOCAL LAW electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler. BE IT ENACTED by the Schuyler County Legislature of the County of Schuyler as follows: 1. The County of Schuyler hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the retirement incentive program shall be October 1, 2010. 3. The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the County of Schuyler for each employee who receives the retirement benefits payable under this local law. 5. This act shall take effect August 10, 2010. Vote 8-0. RESOLUTION NO. 215 Motion by Field, Second by Yuhasz. RE: AUTHORIZE APPLICATION AND AGREEMENT FOR EARLY RETIREE REINSURANCE PROGRAM - HUMAN RESOURCES WHEREAS, the United States Department of Health & Human Services has funds available to employers for a portion of the cost of health benefits for early retirees and their spouses, surviving spouses and dependents. Plans may be reimbursed for certain claims between $15,000 and $90,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an application and any necessary agreements relative to the Early Retiree Reinsurance Program, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 216 Motion by Field, Second by Yuhasz. RE: STANDARD WORK DAY AND REPORTING RESOLUTION WHEREAS, the New York State and Local Employees’ Retirement System established §315.4, a new regulation on retirement reporting for elected and appointed officials which became effective august 12, 2009, and WHEREAS, the new regulation adds additional requirements for both employers and elected and appointed officials, including an expanded record of work activities, a more detailed resolution and specific time frames within which requirements must be completed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establishes the following below as standard work days for certain elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of the Legislature, and BE IT FURTHER RESOLVED, that the below list reflects only those elected and appointed officials with term of office commencing after August 12, 2009, as stipulated in the new regulation, and BE IT FURTHER RESOLVED, that elected and appointed officials who are not members of the State Retirement System are not subject to the provisions of this law, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the New York State Comptroller. TITLE NAME STANDARD WORKDAY (HRS/DAY) TERM BEINGS/ENDS PARTICIPATES IN EMPLOYER’S TIME KEEPING SYSTEM (Y/N) DAYS/MONTH (BASED ON RECORD OF ACTIVITIES) Elected Officials Legislator District III Doris L. Karius 7 01/01/2010 – 12/31/2013 N 9.65 Legislator District III Glenn R. Larison 7 01/01/2010 – 12/31/2013 N 10.31 Legislator District III Barbara J. Halpin 7 01/01/2010 – 12/31/2013 N 5.28 Sheriff William E. Yessman, Jr. 8 01/01/2010 – 12/31/2013 Y N/A ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 85 District Attorney Joseph G. Fazzary 7 01/01/2010 – 12/31/2013 Y N/A County Clerk Linda M. Compton 7 01/01/2010 – 12/31/2013 N 20 Appointed Officials Undersheriff Breck A. Spaulding 8 01/01/2010 – 12/31/2013 Y N/A Chief Asst. District Atty. Matthew C. Hayden 7 01/01/2010 – 12/31/2013 Y N/A Asst. District Attorney Joshua C. Navone 7 01/01/2010 – 12/31/2013 Y N/A Deputy County Clerk Joy L. Ector 7 01/01/2010 – 12/31/2013 Y N/A Highway Superintendent Gregory S. Mathews 8 01/01/2010 – 12/31/2013 Y N/A Dept. Highway Supt. Rodney S. Jaynes 8 01/01/2010 – 12/31/2013 Y N/A Vote 7-1. No: Halpin. DISCUSSION: Legislator Halpin explained that she would be voted no on this Resolution because she feels this is just another unfunded mandate from the State. She feels they should not be reporting someone else’s time and believes there should be a signed affidavit and have the person send that into the State themselves. RESOLUTION NO. 217 Motion by Field, Second by Yuhasz. RE: AUTHORIZE ADDENDUM TO NTS DATA SERVICES CONTRACT ADDING CORNING- PAINTED POST SCHOOL DISTRICT AND A LETTER AGREEMENT BETWEEN THE COUNTY, NTS DATA SERVICES AND CORNING PAINTED POST SCHOOL DISTRICT – BOARD OF ELECTIONS WHEREAS, the Board of Elections currently has a contract with NTS Data Services for TEAM Voter Registration software for the purposes of maintaining voter registration data related to Schuyler County voters, and WHEREAS, NTS is providing Corning-Painted Post School District with TEAM-Ed software that will allow the District to manage budget votes including issuing absentee ballots, determining which voters actually reside within the District and printing poll books for the conduct of the budget votes, and WHEREAS, a small number of Corning-Post School District residents reside within Schuyler County, and WHEREAS, NTS and Corning-Painted Post School District have requested the Board of Elections to provide in an electronic format with voter data necessary for the District to conduct their budget vote in an accurate and efficient manner, and WHEREAS, said request requires an amendment to the current NTS agreement. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Board of Elections be, and hereby is authorized to enter into such an addendum to the NTS Data Services contract adding Corning-Painted Post School District, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign such an addendum and letter agreement between the County of Schuyler, NTS Data Services and Corning-Painted Post School District, subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 218 Motion by Barnes, Second by Larison. RE: APPOINTMENT TO SPECIAL COMMITTEES WHEREAS, Legislator Paul Marcellus has resigned effective June 28, 2010, and WHEREAS, Philip C. Barnes has been appointed to the Legislature to fill his unexpired term, and WHEREAS, Chairman Thomas M. Gifford has elected to appoint Legislator Philip C. Barnes to a number of Special Committees. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Philip C. Barnes to the following boards, committees, agencies, for the term July 12, 2010 through December 31, 2010, to wit: AUDITING COMMITTEE COMMUNITY SERVICES CRIMINAL JUSTICE ADVISORY BOARD ENVIRONMENTAL MANAGEMENT COUNCIL FIRE SAFETY ADVISORY QUEEN CATHARINE ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 86 Vote 8-0. RESOLUTION NO. 219 Motion by Barnes, Second by Larison. RE: APPOINTMENT TO SPECIAL COMMITTEES WHEREAS, Legislator Paul Marcellus has resigned effective June 28, 2010, and WHEREAS, his retirement leaves a vacancy on a Special Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Stewart F. Field, Jr. to the following boards, committees, agency for the term July 12, 2010 through December 31, 2010, to wit: SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD AGRICULTURAL & FARMLAND PROTECTION BOARD Vote 8-0. RESOLUTION NO. 220 Motion by Barnes, Second by Larison. RE: APPOINTMENT WITH NO TERM WHEREAS, Legislator Paul Marcellus has resigned effective June 28, 2010, and WHEREAS, his retirement leaves a vacancy on a Special Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Stewart F. Field, Jr. to the following boards, committees, agency with no term. HEALTH INSURANCE REVIEW COMMITTEE Vote 8-0. RESOLUTION NO. 221 Motion by Barnes, Second by Larison. RE: RESOLUTION CELEBRATING JULY 18-24, 2010 AS PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK WHEREAS, Probation is an essential part of the New York State justice system, and WHEREAS, Probation Professionals uphold the law with dignity, while recognizing the right of the public to be safe-guarded from criminal activity, and WHEREAS, Probation Professionals are responsible for supervising adult and juvenile offenders in the community, and WHEREAS, Probation Professionals work in partnership with community agencies and groups, and WHEREAS, Probation Professionals promote crime prevention, intervention and public advocacy, and WHEREAS, Probation Professionals provide services, support, and protection for victims of crime, and WHEREAS, Probation Professionals advocate community and restorative justice, and WHEREAS, Probation Professionals serve an important role in the betterment of life to their communities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby celebrates July 18-24, 2010 as Probation, Parole and Community Supervision Week, and encourages all New York State citizens to honor these Probation Professionals and to recognize their achievements in the communities they serve. Vote 8-0. RESOLUTION NO. 222 Motion by Barnes, Second by Larison. RE: AUTHORIZE AN AGREEMENT WITH PROACT, INC. FOR A COUNTY DISCOUNT PRESCRIPTION DRUG CARD PROGRAM WHEREAS, the Schuyler County Legislature recognizes that there are families and individuals residing within the County who do not have health insurance coverage or are underinsured, and WHEREAS, ProAct, Inc., a subsidiary of Kinney Drugs, Inc. offers a Discount Prescription Drug Program that could be used by all Schuyler County residents regardless of age or income, and WHEREAS, ProAct, Inc., provides a discount prescription drug card at no cost to the County and at no cost to the residents of the County, and WHEREAS, Schuyler County residents could realize a 10- 20% discount on brand name prescription drug costs and a 20-50% discount on generic prescription drug costs, and WHEREAS, this program will enhance the prescription plans of those families and individuals who have prescription drug coverage when prescribed drugs are not covered under their present plan, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 87 WHEREAS, the discount prescription drug card can be used at any participating pharmacy in Schuyler County and across the United States. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby endorses the establishment of a County Discount Prescription Drug Program through ProAct, Inc., a subsidiary of Kinney Drugs, Inc., and BE IT FURTHER RESOLVED, the Chairman of the Legislature is hereby authorized to enter into an agreement with ProAct, Inc., for the purposes of administering a Discount Prescription Drug Program to all of the residents of Schuyler County, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to ProAct, Inc., 443 Electronics Parkway, Building One, Suite 200, Liverpool, NY 13088 and to the New York State Association of Counties (NYSAC) who endorses this program. Vote 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None COUNTY ADMINISTRATOR’S REPORT: None PUBLIC PARTICIPATION: Sue Brill wished to thank Legislator Barnes, Chairman of the Public Safety/Criminal Justice Committee and Stacy Husted, Clerk of the Legislature for expediting the Probation Resolution on the Agenda from CSEA on such short notice. The Meeting adjourned at 6:51 P.M. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING AUGUST 9, 2010 The August 9, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. 6:45 P.M. PUBLIC HEARING ON THE PROPOSED MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT None. 6:50 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER (OPTION Debbie Perkins, an employee of the Office for the Aging, said she is considering the early retirement incentive. If the she does take it, she will clear on or about $100.00 per month. She would receive about $857.00 per month, of which $600.00 would go for medical insurance through the County, leaving $100.00 per month for taxes. She lacks about seven months for having twenty-five years with the County. The twenty-five years would add about two years to her retirement package. She hopes the Legislature will be voting yes on these local laws tonight. She knows a number of people will be retiring and this will open up new positions for younger people to come in. She also feels this is a good influx and will save the County money because of the starting salaries versus current pay of the employees that will retire. 6:55 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER (OPTION None. RESOLUTION NO. 223 Motion by Larison, Second by Field. RE: APPROVE THE MINUTES OF THE JULY 12, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 88 BE IT RESOLVED, that the minutes of the July 12, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 224 Motion by Larison, Second by Barnes. RE: AUTHORIZE GRANT APPLICATION FOR FY2010 COMPANION ANIMAL SHELTERING EQUIPMENT (CASE) GRANT PROGRAM– EMERGENCY MANAGEMENT WHEREAS, the New York State Department of State, Office of Homeland Security is requesting applications for Regional Projects, and WHEREAS, the Regional Project is designed to enhance regional collaboration and regional preparedness, and WHEREAS, working together regionally, can request up to $60,000 to develop an animal sheltering capability, and WHEREAS, the Emergency Management Office along with Steuben County EMO and Chemung County EMO wishes to submit an application, and WHEREAS, Funding will be allocated competitively, with no local share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the FY2010 Companion Animal Sheltering Equipment Grant Program, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 225 Motion by Larison, Second by Barnes. RE: APPOINTMENT – COUNTY CORONER WHEREAS, Philip C. Barnes has resigned from his position as County Coroner effective June 29, 2010, and WHEREAS, Blanche Borzell, M.D., Chief Coroner, has recommended Dr. Jagmohan Singh, M.D. to fill said vacancy until such time a general election can be held to fill the unexpired term. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Dr. Jagmohan Singh, M.D. as County Coroner to fill the vacancy of Philip C. Barnes, effective immediately until December 31, 2010. Vote 8-0. RESOLUTION NO. 226 Motion by Larison, Second by Barnes. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2010 REPEALING AND REPLACING LOCAL LAW NO. 4 OF THE YEAR 1973 TITLED PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATION/LICENSING WHEREAS, outdoor public musical entertainment, amusements and assemblies have occurred in Schuyler County and elsewhere on previously undeveloped sites, attended by assemblies exceeding 100,000 persons who camp on the site during the event in tents, trailers and other similar facilities usually furnished by the individual, and WHEREAS, the mass assembly of persons in Schuyler County for such events in number of 20,000 or more has and would temporarily substantially increase the number of persons residing within the County of Schuyler beyond its normal population, thereby causing problems and demands considerably beyond the capability of existing municipal services and facilities now available in Schuyler County, and WHEREAS, in order to prepare for such an event, it would be necessary to provide a temporary community with all the services required for the health, welfare and safety of the persons in attendance. Adequate provision must be assured for sanitation and sanitary facilities and services; water supply; food service; garbage and refuse collection and disposal; hospital, medical, nursing and ambulance service; policing and traffic control; parking facilities and control; and communications and power systems, all of which are normally subject to governmental regulation and licensing, and WHEREAS, the temporary furnishing of such services and facilities for outdoor public musical entertainment, amusement or assembly intended to be attended by 20,000 or more persons similarly requires municipal approval and regulation, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 89 WHEREAS, the conduct of such events would create a mass movement of people through the County of Schuyler, principally upon its public streets and highways, of a magnitude not usually experienced by the County of Schuyler with the likelihood of damage and injury to persons and property within the County of Schuyler, and WHEREAS, it is believed necessary that persons, corporations, organizations, landowners and lessees conducting such events must provide adequate financial assurance to protect persons and public and private property within the county, and WHEREAS, the Schuyler County Legislature, therefore, finds and declares that it is necessary for the government, protection, order, conduct, safety, health and well being of persons and property within the County of Schuyler, in regard to outdoor public entertainments, amusements and assemblies catering to the general public, that certain rules and regulations be established, and, WHEREAS, that there is danger to the people attending or taking part in such events if proper sanitary, police and other health and safety measures are not adequately provided for, and WHEREAS, it is necessary to adopt under the police power of the county a local law to regulate and license the holding of such outdoor public musical entertainments, amusements and assemblies. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2010 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on September 13, 2010 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO NO. 4 OF THE YEAR 2010 A Local Law to repeal and replace Local Law No. 4 of 1973 Titled Public Entertainment (outdoor) - Regulation/Licensing Be it enacted by the Legislature of the County of Schuyler as follows: § 1-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: DAY Any 24 consecutive hours or less; EVENT Any outdoor public entertainment, amusement, or assembly of individuals within the County of Schuyler catering to the general public, but does not include a parade. LICENSEE Any person to whom a license has been issued and remains in effect pursuant to this chapter. PERMANENT VENUE A permanent structure or facility for the conduct of events, which has been built and maintained in accordance with the New York State Fire Prevention and Building Code; PERSON Any individual, corporation, organization or entity of any kind. § 1-3 Prohibitions; permit required. It shall be unlawful for any person to organize, promote, conduct or cause to be conducted an event within the County of Schuyler, catering to the general public, which said person believes or has reason to believe will attract 20,000 or more persons unless a permit has first been obtained pursuant to this chapter for the operation of said outdoor public entertainment, amusement or assembly as provided by this chapter. Such permit shall be required for each such outdoor event. § 1-4 Filing of application; determination. Written application for a permit for such outdoor event shall be made to the Schuyler County Legislature at least 90 days or more prior to the first day upon which said event is to be held. Determination granting or denying permits as herein provided for shall be made within 60 days after application therefor. No permits shall be granted unless the applicant complies with all requirements of this chapter and unless such permit is granted at least 30 days before the event. A determination of the application by the Schuyler County Legislature shall be in writing. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 90 § 1-5 Contents of application. A. Applications for such permit shall be by verified petition addressed to the Schuyler County Legislature and shall be filed in compliance with the provisions of § 1-4 of this chapter. B. Such application shall include the following material: A statement of the name, age and residence address of the applicant; if applicant is a corporation, the name of the corporation, the names and addresses of directors, officers and stockholders owning 5% or more of the number of shares outstanding of each class of stock; if the applicant is a partnership or other organized group of individuals, the names, addresses and ages of each and every individual associated with the partnership or other entity. A statement containing the name and address of the record owner of the property upon which the event is to occur and the nature and interest of the applicant therein; the names and addresses of all adjoining property owners; the proposed dates and hours of such event; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; the purpose of the function, including the nature of the activities to be carried on and admission fees to be charged, if any. An occupational survey map prepared by a professional engineer licensed by the State of New York showing the size of the property, the names of the record owners of the adjoining properties; the streets or highways abutting said property; the size and location of any existing building, buildings or structures or other facilities to be erected thereon for the purpose of the assembly; the placement of the proposed distribution system of water; the location of any parking areas for automobiles and other vehicles and the means of ingress and egress to such parking area; all service and other roads serving the camping area, food services, toilet facilities, garbage and refuse collection facilities and entertainment and performance areas; and the names and addresses of all concessionaires and other persons providing any service or facilities under contract, lease or other arrangement for the event. A detailed plan and statement with drawings showing the methods to be used for the disposal of sanitary sewage. A detailed plan and statement with drawings showing the distribution and supply system for supply, storage, treatment and distribution of drinking water. A detailed plan and statement with drawings showing the layout of any parking area for automobiles and other vehicles and the methods of traffic control to be used thereon. Such parking area shall provide parking space of acceptable size for one motor vehicle for every four persons in attendance. A detailed plan and statement with drawings showing the facilities for the preparation, storage, sale and distribution of food and the means of servicing such area. Such plan shall also detail the method and means of disposing of any garbage, trash, rubbish or other refuse. A detailed plan and statement fully describing any private security personnel who will be engaged by the applicant to serve on or about the site during the event and the qualifications and source of such personnel. A detailed plan and statement providing for fire protection, specifying the location of fire lanes, water supply and equipment or apparatus to be available for such purposes. (10) ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 91 A detailed plan and statement specifying the facilities to be available for medical, surgical, nursing and ambulance service. Applicant shall furnish to the Schuyler County Legislature the addresses of all doctors, nurses, pharmacists and ambulance services applicant will provide for event, prior to issuance of a permit. (11) A detailed description of all insurance policies and surety bonds to be provided by the application for the protection of the general public, the County of Schuyler and its various public bodies, and the town and village within which such event is to be held. (12) A verified statement from the landowner and the applicant to the town and village within which the event is held and the County of Schuyler to permit the town, village and county and their lawful agents to go upon the property for the purpose of inspecting the same to determine if there is compliance with the requirement of this chapter and the permit, if granted; providing adequate police and fire protection; and protecting persons and property from danger. (13) A verified statement that the applicant will specify in all advertising and promotional endeavors the limitation of the number of tickets to be sold or otherwise issued as specified in the permit. § 1-6 Insurance and sureties. A. A person wanting to conduct an event shall, no later than 45 days before the first scheduled day of the event, provide the county with a policy of insurance showing comprehensive liability coverage of not less than $1,000,000 per occurrence and $3,000,000 in the aggregate and naming the County and the town and village in which the event is to be held as additional insured. Each policy of insurance shall contain clauses to the effect that such insurance shall be primary without right of contribution of any other insurance made by or on behalf of the County with respect to its interest, and that it shall not be canceled, including, without limitation, for nonpayment of premium, or materially amended, without 30 days' prior written notice to the County, directed to the County Administrator’s office. B. A person wanting to conduct an event shall, no later than 45 days before the first scheduled day of the event, deposit with the Schuyler County Treasurer cash or good surety company bond, approved by the County of Schuyler, in a sum not less than $100,000 as the Legislature may reasonably require, to insure that no damage will be done to any public or private property and that the person conducting the event will not permit any litter, debris or other refuse from the event to remain upon any public or private property. The cash shall be refunded or surety company bond canceled upon certification by the County Administrator that all conditions of this chapter have been complied with following the event. Such surety bond or cash shall serve as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the County of Schuyler and the town and village within which such event is to be held, and any other town and village within the county, from any and all damage that may be caused by vehicles, employees or participants in such event and to be used, if necessary, to restore the ground where such event is held to a sanitary condition and pay all charges and losses to the County and its respective towns and villages for damages to streets, pavements, bridges and other property, including reimbursement for Schuyler County Sheriff personnel. No such bond may be cancelable unless on 30 days' written notice to the county; and no such bond shall be cancelable or canceled until a replacement or equivalent bond or better is in effect prior to the cancellation. In no event shall any bond be canceled or cancelable less than thirty days prior to the first day of the event. If the event or its preparation, termination, clean-up or other consequences of the event necessitate the employment of county, town or village personnel or equipment or outside personnel or equipment by such county, town or village, such expense shall be recoverable from the principal and/or its surety. The deposit or its balance is to be returned when the County Administrator has determined that no such damage has been done and that the County did not incur such additional expense due to the event or that the costs of the above have been paid by the person conducting the event. § 1-7 Granting of permit. A. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 92 If a permit is approved by the Schuyler County Legislature, such permit shall set forth the maximum number of persons to be permitted to attend the event. The Schuyler County Legislature, in determining such maximum limit, shall take into consideration the capacity of the site and of available public highways, and parking facilities, and other means of transportation to and from the site. The applicant shall limit all ticket sales to such maximum number and shall include such limitation in all advertising. Applicant shall specify in all advertising and promotional endeavors the limitation on number of tickets to be sold or otherwise issued. A permit must be approved by resolution of the Schuyler County Legislature and signed by the County Administrator and County Attorney. B. A permit will be approved by the Schuyler County Legislature if the application provides the materials mandated by this chapter and if, no later than 30 days prior to the first scheduled day of the event, the applicant files with the Schuyler County Legislature the following: All required New York State Department of Health permits. Proof that the applicant has complied with the New York State Environmental Quality Review Act. Proof that the applicant has complied with all other applicable New York State, federal and local laws and regulations. Proof that the applicant complies with the requirement that the event will be held on a parcel or parcels of property adequately sized to accommodate the individuals anticipated to attend the event. § 1-8 Fees. A. The application form required by § 1-5 of this chapter shall be accompanied by a nonrefundable fee as stated herein below. Such fee may be changed from time to time by resolution of the County Legislature. B. If the County is the lead agency for SEQRA purposes for any event, the person filing the application form shall, upon receiving notification from the county that the county is the lead agency, pay the county the sum of $25,000 to compensate the county for expenses incurred in processing the application and in acting as lead agency, and shall reimburse the County for any such expenses incurred above that amount through use of the county's own personnel, through consultants for legal, engineering, public safety, technical or other matter relating to the SEQRA process, or other related expenses. C. If the county is not the lead agency, then the applicant shall be required to pay to the county the sum of $5,000 to compensate the county for its expenses in processing the application, and shall reimburse the county for any such expenses incurred above that amount through use of the County's own personnel or through consultants for legal, engineering, public safety, technical or other matters relating to the SEQRA process, or other related expenses. § 1-9 Indemnification. A person conducting an event shall, not less than 45 days prior to the first scheduled day of the event, sign an agreement to defend and indemnify the county and the town and village in which the event is to take place against all claims that may arise as a result of the event. § 1-10 Denial of permit. The permit shall not be granted if any of the items set forth in said application are determined by the Schuyler County Legislature to be insufficient to properly safeguard the safety, health, welfare and well being of persons or property, or do not comply with any of the requirements of this chapter, or are knowingly false, misleading or fraudulent. § 1-11 Suspension or revocation of permit. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 93 If, after a permit is issued, the Schuyler County Legislature determines that any of the items required as a condition of the permit is not adhered to or accomplished within the required time limits, or if any of the contracts, leases or other arrangements for provision of services and facilities, or any insurance or surety bond, shall become insufficient or terminated prior to completion of the event, or if the application is found to be false, misleading or fraudulent, in whole or in part, or if it is determined to be necessary to preserve the health, safety and/or welfare of persons or property, then this permit may immediately thereupon be suspended or revoked by resolution of the Schuyler County Legislature. § 1-12 Enforcement; penalties for offenses. A. Any person, persons, corporation, organization, landowner or lessee who shall organize, promote, conduct or cause to be conducted an outdoor event within the County of Schuyler catering to the general public for which said person, persons, corporation, organization, landowner or lessee believes or has reason to believe will attract 20,000 or more persons or which does in fact attract 20,000 or more persons, without having a current, written permit, issued in accordance with the provisions of this chapter, shall be deemed to have violated this chapter. Any person who commits or permits any act in violation of any of the provisions of this chapter shall be deemed to have violated this chapter and shall be liable for the penalties provided. A separate offense against this chapter shall be deemed committed on each day during or on which the violation occurs or continues. A separate penalty may be imposed for each separate offense. B. Each violation of a provision of this chapter shall be subject to a fine of up to $10,000 for each occurrence. C. The civil penalty and/or fine may be deducted from the bond or cash deposit, at the county's discretion. D. In addition to the above-provided penalties, the Schuyler County Legislature may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by temporary restraining order and/or by injunction the violation of this chapter. E. County officials shall have the right to inspect the premises at any time to ensure proper issuance of the permit, and at all times thereafter. § 1-13 Series permit. The county may issue a single permit for a series of events in one calendar year by an applicant, upon compliance with this within local law, plus a showing that all of the events scheduled or anticipated to be scheduled will comply with the statute and will not deviate from the representations filed with the Schuyler County Legislature in the application form. § 1-14 Permanent venues. A. Information to be submitted. An applicant for a permanent venue permit shall comply with the application process hereinabove or, in lieu thereof, shall provide the County Administrator with copies of all submissions made to state and local agencies during the approval and SEQRA process and shall submit proof to the County Attorney that: All required New York State permits, including, but not limited to, New York State Department of Health permits, have been obtained and are in effect; All required town or village permits or approvals, including, but not limited to, permits or approvals that may be required from a Planning Board or Zoning Board of Appeals, have been obtained and are in effect. Such permits or approvals must contain a finding that operation of the permanent venue is consistent with the health, safety and welfare of the municipality; The appropriate local agency has complied with the New York State Environmental Quality Review Act; ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 94 Any other applicable New York State or federal laws or regulations have been complied with; The events are conducted on a parcel or parcels of property adequately sized to accommodate the persons anticipated to attend such events; and Insurance has been obtained and is and will remain in effect. The County will be named as an additional insured (and a declaration page will be issued) for all events for 20,000 persons or more. Submission of the approval and SEQRA materials and the required proof shall be deemed in compliance with 1-5, 1-6 and 1-9 of this chapter and shall entitle the permanent venue operator to the issuance of a permit hereunder. The permit, once issued, will be permanent unless and until it is suspended or revoked. B. For each calendar year after the issuance of the permanent venue permit, the applicant shall file an affidavit with the Schuyler County Legislature, with copies to the County Administrator and the County Attorney, that details the events scheduled for that calendar year or anticipated to be scheduled, as well as documentation demonstrating that all of the information supplied to the county that lead to the issuance of the permanent venue permit are substantially the same, detailing any changes, and documentation demonstrating that all required approvals from any other municipality or agency have been reissued or are still in force and effect and that all insurance and sureties have been reissued or are still in force and effect. Upon submission of said documents, the County Administrator shall confirm in writing if the applicant is in continuing compliance with this within statute, said writing to be countersigned by the County Attorney. All required insurance and sureties, New York State permits, town or village permits or approvals and any other applicable New York State or federal laws, rules or regulations must be updated, obtained and/or complied with. C. The conduct of events under a permanent venue permit are subject to an annual review fee of $1,500, which must be paid no later than 45 days prior to the first event of the calendar year. Said fee may be changed from time to time by resolution of the Schuyler County Legislature. D. This law hereby repeals and replaces Local Law No. 4 of the year 1973 in its entirety. § 1-15 Effective Date A. The effective date of this Local Law shall be January 1, 2011. Vote 8-0. RESOLUTION NO. 227 Motion by Field, Second by Yuhasz. RE: AUTHORIZE A ONE-TIME ADVANCE PAYMENT TO THE WATKINS GLEN AREA CHAMBER OF COMMERCE AS THE TOURIST PROMOTION AGENCY (TPA) WHEREAS, the current 2010 contract between the Watkins Glen Area Chamber of Commerce and the County as the TPA states that payments will be made by the Treasurer within thirty days of receipt of all lodging taxes per quarter, and WHEREAS, the Chamber of Commerce is in a position where they are requesting a one-time advance of $50,000 prior to the scheduled third quarter payment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Treasurer to make an advance payment of $50,000 effective immediately from account no. 6410.436-Room Tax-Chamber of Commerce. Vote 8-0. RESOLUTION NO. 228 Motion by Field, Second by Yuhasz. RE: ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR THE SEPTEMBER 25, 2010 HOUSEHOLD HAZARDOUS WASTE DAY WHERAS, the Planning Office of Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 95 WHEREAS, no other bids were received. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, that the Schuyler County Legislature hereby accepts proposal from Clean Harbors Environmental Services, Inc., in an amount not to exceed $7,500.00 for a Household Hazardous Waste Collection Day to be held September 25, 2010, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and all documents necessary to carry out the above-referenced proposal acceptance, funding available in grant funds; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 229 Motion by Field, Second by Yuhasz. RE: ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY FOR THE SEPTEMBER 25, 2010 USED ELECTRONICS RECYCLING DAY WHEREAS, the County has budgeted $300 for a Used Electronics Recycling Day with grant funding, and WHEREAS, the Planning Office of Cornell Cooperative Extension has issued a Request for Proposals for said program with the approval of the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, and the Schuyler County Legislature hereby accepts the proposal from Regional Computer Recycling & Recovery (RCR&R), in an amount not to exceed $300, for a Used Electronics Recycling Day to be held September 25, 2010, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to execute any and all documents necessary to carry out the above referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 230 Motion by Karius, Second by Barnes. RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR COVERAGE AND SUPERVISON IN THE FAMILY PLAY AND RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau has received $3,500 from the Triangle Fund and the Department of Social Services provides additional funds of up to $12,000 for coverage and supervision, at the Family Play and Resource Center (FPRC), and WHEREAS, Catholic Charities has agreed to provide staff to provide coverage and supervision of the FPRC for 10 hours a week in the facility. NOW, THEREFORE, BE RESOLVED, that the Chairman of the legislature be hereby authorized to execute the contract with Catholic Charities to provide staff for coverage and supervision in the FPRC from September 1, 2010 through August 31, 2011. DISCUSSION: Legislator Halpin said she would be voting yes on this Resolution, however, after hearing Legislator Larison’s comments at the August 4, 2010 Legislative Resolution Review Committee meeting how this was not to cost the County anything when it started, she would like further discussion in the next month. Vote 8-0. RESOLUTION NO. 231 Motion by Karius, Second by Barnes. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA) FUNDING– OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging has a Health Insurance Information Counseling and Assistance Program (HIICAP), and WHEREAS, the HIICAP program offers information and assistance regarding Medicare, Medicaid and other health insurance issues, and WHEREAS, on July 15, 2008, the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) was approved by Congress and became law, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 96 WHEREAS, Section 119 of this legislation provides for beneficiary outreach and includes funding for Area Agency on Aging designees along with other entities to reach Medicare beneficiaries likely to be eligible for the Medicare Part D Low-Income Subsidy (LIS) Program or Medicare Savings Program (MSP), and WHEREAS, funding is also provided for direct application assistance to these beneficiaries with an emphasis on Medicare Part D outreach to rural areas of our State, and WHEREAS, the Schuyler County Office for the Aging has been allocated the sum of $6,000 to provide outreach and application assistance for MIPPA under the HIICAP program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging to implement the MIPPA program under the existing HIICAP program effective immediately through May 31, 2011, said agreement subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 232 Motion by Karius, Second by Barnes. RE: RECOGNIZE SEPTEMBER 10, 2010 AS WORLD SUICIDE PREVENTION DAY – HEALTH SERVICES WHEREAS, in 2006, which is the latest year for which national statistics are available, there were 33,300 suicides in the US, which is 91.2 per day or 1 every 15.8 minutes, and WHEREAS, suicide is the eleventh leading cause of death, and since 1990 rates have ranged between 12.4 and 10.7 per 100,000 people, and WHEREAS, males complete suicide at a rate four times that of females, but females attempt suicide three times more often than males, and WHEREAS, relative to those younger, rates of completed suicide are highest among the elderly (age 80 and over), and elderly adults have rates of suicide close to 50% higher than that of the nation as a whole, and WHEREAS, youth (ages 15-24) suicide rates remained stable between the late 1970’s and the mid 1990’s and since then have decreased, but suicide ranks third as a cause of death among young (15-24) Americans behind accidents and homicides, and WHEREAS, firearms remain the most commonly utilized method of completing suicide by essentially all groups although males used it more often than their female counterparts, and WHEREAS, suicide rates have traditionally decreased in times of war and increased in times of economic crisis, and WHEREAS, there are warning signs that a person is at risk for suicide. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize September 10, 2010 as World Suicide Prevention Day and notes that there is a relationship between depression, alcohol and suicide and training is available to learn the warning signs for all Schuyler County residents to help prevent suicide. Vote 8-0. RESOLUTION NO. 233 Motion by Larison, Second by Karius. RE: RECOGNIZE SEPTEMBER 2010 AS NATIONAL CHOLESTEROL EDUCATION MONTH – HEALTH SERVICES WHEREAS, September is National Cholesterol Education Month and is a good time to get your blood cholesterol checked and take steps to lower it if it is high, and WHEREAS, National Cholesterol Education Month is also a good time to learn about lipid profiles and about food and lifestyle choices that help you reach personal cholesterol goals, and WHEREAS, high blood cholesterol is a serious condition that increases your risk for heart disease and the higher your cholesterol level, the greater the risk, and WHEREAS, you can have high cholesterol and not know it so checking your level and taking steps to reduce it, if necessary, can reduce your risk of developing heart disease and the chance of having a heart attack or dying of heart disease, and WHEREAS, heart disease is the number one killer of women and men in the United States, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 97 WHEREAS, too much cholesterol (a fat-like substance) in your blood will build up in the walls of the arteries and over time, this causes “hardening of the arteries” so blood flow to the heart is slowed down or blocked. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes September 2010 as National Cholesterol Education Month and recommends that people find out what their cholesterol number is and lower it to prevent future risk of heart disease. Vote 8-0. RESOLUTION NO. 234 Motion by Larison, Second by Karius. RE: AUTHORIZE AGREEMENT WITH McBEE ASSOCIATES, INC. FOR MEDICARE REVENUE RECOVERY SERVICES – PUBLIC HEALTH WHEREAS, Schuyler County Public Health bills Medicare for Home Health care services, and WHEREAS, Schuyler County Public Health would like to ensure that full reimbursement is received for all claims, and WHEREAS, McBee Associates, Inc. provides Medicare Revenue Recovery services for Home Health Care Agencies, and WHEREAS, the fee for such services is based upon the amount recovered. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract with McBee Associates, Inc. for Medicare Revenue Recovery Services, at no local share cost, for the cases beginning October 1, 2008 through December 31, 2009, subject to the approval of the County Attorney. Vote 8-0. RESOLUTION NO. 235 Motion by Larison, Second by Karius. RE: AUTHORIZATION FOR INCREASE IN FAMILY FOSTER CARE AND ADOPTION SUBSIDY RATES – SOCIAL SERVICES WHEREAS, rates paid to Schuyler County foster parents have not kept pace with rising costs and increases associated with caring for children, and WHEREAS, the last rate increase was for 3.2% effective April 1, 2008, and WHEREAS, the proposed rates, which reflect a 5% increase, are still less than the maximum rates authorized by New York State, and WHEREAS, funds to cover the increase will be included in the Department’s 2011 budget, account no. 6109.400 and account no. 6119.400. NOW, THEREFORE, BE IT RESOLVED, that the following daily foster care rates be adopted effective January 1, 2011: MAXIMUM STATE AGE GROUP FROM TO AID RATE (MSAR) 0-3 years $14.80/day $15.54/day (diapers incl.) $17.39 4-5 years $13.02/day $13.67day $15.58 6-11 years $14.70/day $15.44/day $18.77 12+ years $17.11/day $17.97/day $21.70 Special Rate $28.64day $30.07/day $37.48 Exceptional Rate $42.29/day $44.40 day $56.84, and BE IT FURTHER RESOLVED, that the clothing rates shall continue to be paid at the MSAR, which is the current rate paid by Schuyler County and is paid in three equal installments in April, August and December: AGE GROUP RATE INSTALLMENT 0-5 years $358.92/annually $119.64 6-11 years $501.84/annually $167.28 12-15 years $778.08/annually $259.36 16+ $951.84/annually $317.28 Vote 8-0. RESOLUTION NO. 236 Motion by Larison, Second by Yuhasz. RE: AUTHORIZATION TO UPGRADE THE MOBILE WORK CREW (MWC) SUPERVISOR TO GRADE 6 – SOCIAL SERVICES ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 98 WHEREAS, the MWC Supervisor is currently a grade 5 in the County’s wage grade structure, and WHEREAS, a review of his duties and responsibilities was recently completed by the Directors of Civil Service and Human Resources and management personnel from the Department of Social Services (DSS), and WHEREAS, the job review determined the MWC Supervisor is responsible for not only supervising the DSS clients assigned to the MWC in performing their work activities but is also responsible for training the clients in the safe and proper techniques for completing work assignments, the proper use of hand and power tools as well as the most efficient and effective way to complete work assignments, and WHEREAS, because of the scope of the job responsibilities, minimum qualifications were changed to include adding the requirement for graduation from a two year college with an Associate Degree in construction, building maintenance technology, or a related field and three years experience in one of the building construction trades, commercial building maintenance, or a related field (acceptable substitute is a high school diploma or GED and five years experience as described above), and WHEREAS, the job review determined that the MWC Supervisor should be a wage grade 6 and the County Administrator has approved of the change, and WHEREAS, the MWC Supervisor currently makes $15.40 an hour and will receive $16.24 an hour when reclassified into wage grade 6, which will be a $1753.92 annual increase based on a 40-hour workweek. NOW, THEREFORE, BE IT RESOLVED, that the Personnel Officer be authorized to reclassify the MWC Supervisor from grade 5 to grade 6 effective August 16, 2010 at an annual increased cost of $1753.92, funds available in the Department’s 2010 budget, line 6010.100. Vote 8-0. RESOLUTION NO. 237 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE TWO-YEAR TERM AGREEMENTS WITH HUNT ENGINEERS AND FISHER ASSOCIATES - HIGHWAY BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term agreements with Hunt Engineers and Fisher Associates for various engineering services for the County Highway Department for the term August 1, 2010 through July 31, 2012; said agreements subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Fagan said surprisingly enough, the rates from Fischer this year are lower than they have been in the past. In general there are increases but he is satisfied with what he saw. Vote 8-0. RESOLUTION NO. 238 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH EBS BENEFIT SOLUTIONS FOR ACTUARIAL SERVICES FOR COMPLIANCE WITH GAS 43/45 – HUMAN RESOURCES WHEREAS, the County contracted with EBS Benefit Solutions in 2008 for actuarial services in order to be in compliance with GAS 43/45 for post-employment medical benefits, and WHEREAS, it is recommended that a full actuarial be done every two years. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with EBS Benefit Solutions for actuarial services for compliance with GAS 43/45 at a cost of $7,250, funding available in budget account no. 1430.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 239 Motion by Field, Second by Barnes. RE: AUTHORIZE ADMINISTRATION FEE RATE RENEWAL WITH EBS-RMSCO, INC. FOR SELF FUNDED VISION PLAN FOR THE YEAR 2011 WHEREAS, EBS-RMSCO, Inc. has requested an increase in their fee to administer the County’s self- funded vision plan from $2.00 per month per enrollee to $2.25 per month per enrollee, and WHEREAS, the last time EBS-RMSCO, Inc. requested a rate increase was in 2003. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an administrative fee renewal agreement with EBS-RMSCO, Inc. for the Schuyler County self-funded vision plan for the term January 1, 2011 through December 31, 2011, at the rate of $2.25 per month per enrollee; subject to the approval of the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 99 Vote 8-0. RESOLUTION NO. 240 Motion by Field, Second by Barnes. RE: RESOLUTION URGING NEW YORK STATE TO SIGNIFICANTLY CUT THE UNFUNDED MANDATES THAT CAUSE LOCAL PROPERTY TAX INCREASES BEFORE IMPOSING A CAP ON LOCAL PROPERTY TAXES WHEREAS, Governor David Paterson and many State Legislators are supportive of a cap on local property tax levies of or 120% of inflation, whichever is less, and WHEREAS, little or no action has been taken by New York State to decrease or control the costs of unfunded State mandates, which have been driving county property tax levels for decades, and WHEREAS, without mandate reform, such a cap would be impossible because State mandates make up as much as 75 to 85 percent of a county budget, and these State costs increase substantially each year, well over the proposed 4% cap. Some examples: • County payments to the NYS Retirement System are expected to rise 50% in 2011. • The local cost of Medicaid rises 3% each year. • The State continues to shift its costs to counties in the 2009-10 and 2010-11 State budgets. • New York State currently owes Schuyler County almost $1million, overdue for State services rendered by Schuyler County. • During the 2010 legislative session, the State shifted over $100 million in costs to counties for delivering state services locally in child welfare and youth detention programs, representing yet another unfunded mandate, and WHEREAS, counties are mandated by the State to use local tax dollars to pay for State programs such as Medicaid, early intervention services, pre-school special education services, public assistance, child welfare, youth detention, jails and numerous other programs, and WHEREAS, the property tax cap proposal does nothing to reduce or eliminate the current mandates, and WHEREAS, the property tax cap proposal allows local boards to override the cap with a two-thirds majority vote, thereby not only shifting costs to local governments, but also unfairly shifting blame to local leaders for tax increases that are actually caused by the State, and WHEREAS, the Schuyler County Legislature has, through responsible financial and budgetary actions and policies, stabilized and decreased generic property tax rates from $10.50 to $8.17 per thousand since 2004, despite the recession, and without the “benefit” of a State-imposed property tax cap. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the State not to impose a local property tax cap unless it is coupled with significant cuts to the State mandated programs that cause local property tax increases, and BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to Governor David Paterson, State Senator George H. Winner, Jr., Thomas F. O’Mara, the Temporary President of the New York State Senate, the Speaker of the New York State Assembly, to the Minority Leaders of the Assembly and Senate, the Inter-County Association of Western New York, and the New York State Association of Counties (NYSAC). Vote 8-0. RESOLUTION NO. 241 Motion by Field, Second by Barnes. RE: RESOLUTION IN SUPPORT OF A “PEOPLE’S CONVENTION TO REFORM NEW YORK” WHEREAS, tough economic times and New York State’s tremendously high tax burden are causing families and businesses to struggle, while state government has been paralyzed by questions of gubernatorial succession, leadership fighting and political dysfunction, and WHEREAS, our State Constitution was originally meant to be a vibrant, living and breathing document, reflective of the times in which we live that holds up to the political dynamic of the day, and WHEREAS, our current State Constitution was adopted 115 years ago in 1894 and modified at a constitutional convention in 1938 and at various other times by Legislative action, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 100 WHEREAS, our State, our nation and the world have changed dramatically in the past forty-two years as the information age has transformed communications, business and government in ways that could not even have been imagined when our State constitution was adopted, and WHEREAS, recent events in State government involving gubernatorial succession, legislative stalemates and appointments to statewide elected offices have exposed flaws and weaknesses in our current constitution on these issues, and WHEREAS, families and businesses have been forced to cut back, while New York State government continues to spend beyond its means and force unfunded mandates on already overburdened local Governments and taxpayers, and WHEREAS, in the face of the most challenging economic environment since the Great Depression, the people of New York have little confidence that the State government, as currently structured, is responsive to their wants, needs, or principal concerns, and WHEREAS, the people of New York have expressed their desire to hold a “People’s Convention” to reform State government, as evidenced by recent Quinnipiac University and Siena College Research polls, showing more than 60 percent of voters supporting a People’s Convention to Reform New York, and WHEREAS, the people must act now to thwart the dysfunction in Albany, and convene a People’s Convention to take New York State government back, and WHEREAS, members of the state Legislature have introduced “The People’s Convention to Reform New York Act”, which grants the people the opportunity to hold a constitutional convention, establishes a procedure for the non-partisan election of delegates, restricts political parties, campaign committees and special interests’ influence over delegates, and requires state or local elected officials and officers or party officials to vacate their post upon being elected delegate, and WHEREAS, while the constitution empowers the elected delegates to set the convention agenda for “The People’s Convention to Reform New York’, we ask that the delegates consider Government reforms such as State spending cap and property tax cap, restrictions on unfunded mandates, debt reform and absolute ban on backdoor borrowing, public authorities reform, a clear line of succession to the governorship and lieutenant governorship and elections to fill elected state office vacancies. NOW, THEREFORE, BE IT RESOLVED, that this Legislative Body pause in its deliberations to acknowledge the need for true state government reform and urge the immediate passage and chaptering of the “People’s Convention to Reform New York Act”, which will allow for the creation of a more accountable and responsive State government by the people to serve the people, and BE IT FURTHER RESOLVED, that a copy of this Resolution, suitably engrossed, be transmitted to the Governor of the State of New York, State Senator George H. Winner, Jr., Thomas F. O’Mara, the Temporary President of the New York State Senate, the Speaker of the New York State Assembly, to the Minority Leaders of the Assembly and Senate, the Inter-County Association of Western New York, and the New York State Association of Counties (NYSAC). Vote 8-0. RESOLUTION NO. 242 Motion by Karius, Second by Field. RE: RESOLUTION TO MODIFY SCHUYLER COUNTY AGRICULTURAL DISTRICT #3 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an eight year review of each of the three Agricultural Districts within the County, and WHEREAS, Schuyler County Agricultural District #3 was certified on February 15, 2001 and has been under review since late 2008 by the Schuyler County Agriculture and Farmland Protection Board, and WHEREAS, an initial public hearing was duly noticed for December 9, 2008, and WHEREAS, a review of the current district boundaries, inquiry to landowners, and public feedback resulted in a proposed modification of District #3 through the addition of 162 acres and removal of 1,852 acres, and WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County must review the potential environmental impacts of the modification of District #3 and upon doing so the Legislature found that there were no significant negative environmental impacts on June 14, 2010, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 101 WHEREAS, Schuyler County has held a final public hearing on the proposed modification of Schuyler County Agriculture District #3 on August 9, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the proposed modification of Schuyler County Agricultural District and requests that said changes be certified by the Commissioner of the New York State Department of Agriculture and Markets. Vote 8-0. RESOLUTION NO. 243 Motion by Larison, Second by Barnes. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER WHEREAS, Local Law Intro. No. 2/Local Law No. 2 of the Year 2010 Electing a Retirement Incentive Program as authorize by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 9, 2010 at 6:50 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. 2 of the Year 2010, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 2 of the Year 2010, together with the required text thereof in the official county newspaper. PART A OPTION LOCAL LAW INTRO NO. 2/LOCAL LAW NO. 2 OF THE YEAR 2010 A LOCAL LAW electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler. BE IT ENACTED by the Schuyler County Legislature of the County of Schuyler as follows: 1. The County of Schuyler hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the retirement incentive program shall be August 10, 2010. 3. The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 60 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the County of Schuyler for each employee who receives the retirement benefits payable under this local law. 5. This act shall take effect August 10, 2010. Vote 8-0. RESOLUTION NO. 244 Motion by Larison, Second by Barnes. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER WHEREAS, Local Law Intro. No. 3/Local Law No. 3 of the Year 2010 Electing a Retirement Incentive Program as authorize by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 9, 2010 at 6:55 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. 3 of the Year 2010, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 102 BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 3/Local Law No. 3 of the Year 2010, together with the required text thereof in the official county newspaper. PART B OPTION LOCAL LAW INTRO NO. 3/LOCAL LAW NO. 3 OF THE YEAR 2010 A LOCAL LAW electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler. BE IT ENACTED by the Schuyler County Legislature of the County of Schuyler as follows: 1. The County of Schuyler hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the retirement incentive program shall be October 1, 2010. 3. The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the County of Schuyler for each employee who receives the retirement benefits payable under this local law. 5. This act shall take effect August 10, 2010. DISCUSSION: Legislator Fagan said the preliminary analysis shows that it will cost more for the pensions, but with the combination of reduction in the salaries of the new employees, they will net a savings to the County correct? Administrator O’Hearn said yes, with the current numbers they have. Vote 8-0. RESOLUTION NO. 245 Motion by Barnes, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS TO INSTALL/REPAIR A NEW GENERATOR FOR FIRE SERVICES – EMERGENCY MANAGEMENT WHEREAS, the generator at the Terry Hill Tower site has failed, and WHEREAS, the UPS batteries that power the 911 center are failing, and WHEREAS, both are critical to the operation of the 911 center, and WHEREAS, Emergency repairs are needed, and WHEREAS, the County currently has a generator that can be installed, and WHEREAS, funds are available in the E911 reserve fund for such repairs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $32,000.00 from account no. A883, E-911 Reserve to account no. 3020.0200-Equipment for the installation/repair of a new generator and UPS batteries. Vote 8-0. RESOLUTION NO. 246 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR RESEARCH SERVICES –COUNTY ATTORNEY WHEREAS, the New York Civil Liberties Union (NYCLU) litigation is again moving through the appeals process and will be productive of significant further research effort, and WHEREAS, Rachael Boruchowitz, J.D., formerly employed by the County Attorney’s Office as an Intern for this purpose in the past has now graduated law school and is again available at a rate of $20 an hour, not to exceed $2,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Rachael Boruchowitz, J.D., for the above-referenced purpose, for the term August 12, 2010 through December 31, 2010, funding available from encumbered 2009 funds in account no. 1420.435- Professional Fees & Services; subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Fagan requested an update on the law suit from Attorney Coleman. Attorney Coleman said the piles of papers on the Assistant County Attorney’s desk is about three feet high. There are lots of folks involved with this law suit. There is an appeal in the process now and it is in the highest court of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 103 the State now. Schuyler County took the lead with this lawsuit. The alleged proper counsel rate is less than 1% in Schuyler. Legislator Fagan asked what type of research will Rachael be doing. Attorney Coleman said anything that is thrown at them, but mostly the pleadings are off the wall. The proposition defense attorney will be available twenty-four seven. Vote 8-0. RESOLUTION NO. 247 Motion by Karius, Second by Field. RE: MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one additional Resolution be brought to the floor. Vote 8-0. RESOLUTION NO. 248 Motion by Karius, Second by Larison. RE: AUTHORIZE REQUESTS FOR INSURANCE CONTRACTS - HEALTH SERVICES WHEREAS, the Public Health and Mental Health departments provide services that result in billings to insurance companies, and WHEREAS, there is a credentialing mechanism that allows payments to be made directly to the provider of such services per contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign said contracts, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that Schuyler County Health Services be authorized to respond to certification and credentialing requests to enable insurance payments to be paid directly to the departments of Public Health and Mental Health as the request are made. Vote 8-0. RESOLUTION NO. 200A Motion by Larison, Second by Field. RE: MOTION TO AMEND RESOLUTION NO. 200 TO REMOVE WORDING RELATIVE TO THE TOWN OF CATHARINE NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 200 be amended to remove wording from the second from the last Whereas clause and a portion from the Now, Therefore, Be It Resolved clause as follows: “WHEREAS, the Humane Society is now planning an expansion of their facility on County Route 10 in the Town of Catharine that will combine the spay/neuter clinics, the cat shelter and the County Dog Shelter into one modern facility, improving conditions for the animals, increasing adoptions and serving as one point of contact for the community, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the Humane Society’s Shelter Project and urges the Planning Board and Town Board of the Town of Catharine and all Schuyler County residents to support this project as well. Vote 8-0. DISCUSSION: Chairman Gifford suggested that they strike the Town of Catharine from the Resolution. Legislator Larison said if they amend it to remove the Town of Catharine, he will then support it. The Clerk stated that the Public Safety/Criminal Justice Committee had suggested just removing the location from the body of the Resolution. Legislator Halpin said she would be okay with that amendment. Legislator Fagan requested that the Clerk re-read the Resolution as it would be amended. She did so. Legislator Fagan said he also has a problem with the fact that they originally tabled this in July in order for the Town and Planning Department to be involved. The Resolution is still urging them to support the project. He feels they need to render their local opinion first. He recommends they amend the last Whereas clause and the Now, Therefore, Be It Resolved, clause to remove the location all together and the urging of the Planning board and Town board to support the project. The Clerk did so and re-read the Resolution as amended. RESOLUTION NO. 200 Motion by Field, Second by Barnes. RE: RESOLUTION IN SUPPORT OF THE SCHUYLER COUNTY HUMANE SOCIETY’S SHELTER PROJECT – AS AMENDED WHEREAS, the Humane Society of Schuyler County has been supporting county residents by supplying low cost spay/neuter services to county dogs and cats since 2001, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 104 WHEREAS, to date, over 5,500 dogs and cats have been altered, eliminating many thousands of unwanted kittens and puppies, many of which would have ended up in area shelters at tax payer expense, and WHEREAS, the Humane Society collaborates with the Schuyler County Legislature and Sheriff’s Department by staffing and managing the County Dog Shelter, administering the Legislature’s canine spay/neuter certificate program, supporting free County rabies clinics, all of which result in a significant sayings to County taxpayers, and WHEREAS, the Humane Society operates an adoption service placing in permanent homes 831 cats since 2005, and WHEREAS, since taking over operation of the County Dog Shelter in August 2009, the Humane Society has taken in 147 lost, abandoned or seized dogs, and adoption efforts have placed 58 dogs in permanent homes without a single euthanasia, and WHEREAS, the Humane Society is now planning an expansion of their facility that will combine the spay/neuter clinics, the cat shelter and the County Dog Shelter into one modern facility, improving conditions for the animals, increasing adoptions and serving as one point of contact for the community, and WHEREAS, eliminating the Town of Dix County Dog Shelter will substantially reduce costs to the County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the Humane Society’s Shelter Project. Vote 8-0. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the FMAP funding has been a rollercoaster ride. A few weeks ago it looked doomed. The Senate passed a down scaled version last Wednesday. They now estimate two hundred and thirty three thousand ($233,000). This is now pending house action. Then it will need to be signed by the President. On the State Budget front, the adoption revenue included sales tax on clothing effective October 1, 2010. No County can opt out on this. The sales tax returns and is scheduled to expire April 1, 2011, but with a cap at $55.00. It would exempt purchases of clothing up to $55.00. Then in 2012 it is exempt up to $110.00 again. The Legislature will need to plan for this in the 2011 Budget. He will discuss it at the Management & Finance Committee this month. Legislator Fagan requested an update on the new Transit service and the Buses. Administrator O’Hearn said he is planning a kick off Monday, August16th. He is not sure the buses will have the graphics on them at this point as they are still being worked on. Legislator Halpin said she is not a Chairman of a Standing Committee, but does have a few comments to make tonight. She explained that before she was elected, she had requested copies of the By Laws from our SCOPED office, and received no response. It wasn’t until she threatened to go public that she finally received them. Then about four months ago she asked for a copy of the planning documents and has heard nothing about her request. She was not denied at the time. She asked Chairman Gifford if it seems she is going to be denied. She said SCOPED was created by the Schuyler County Legislature and was to be funded by public tax dollars and private donations. This was intended to be an equal amount. Now it appears that SCOPED is funded more heavily by the taxpayer’s dollar. They have asked for more funding and it appears as though they are going to get it. She wanted to know why she would have to FOIL this information as it should be available to any tax payer, and especially to a Legislator. There seems to be a perception of why she is asking for this information and that she does not appreciate SCOPED. This is wrong. She has some ideas and wants to bring them back to this Legislature and to the SCOPED Board. She will end up filling out a Freedom Of Information Law (FOIL) request if she has to. Chairman Gifford said you cannot FOIL SCOPED. He told Legislator Halpin she needs to request this information from the SCOPED Board. Legislator Halpin said the two things she requested should not be denied. She will FOIL this. She feels they should be happy to share these documents with her. She feels she thinks everyone knows the answer to this. She feels Chairman Gifford should be able to answer her as he is the legislative representative on the SCOPED Board. Legislator Field said he does not appreciate the disrespect of Legislator Halpin of this board and of the SCOPED board and office to bring this issue up with the media present tonight. Legislator Halpin said she feels a month is plenty of time to come up with less than ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 105 one-hundred pages she requested. Legislator Field explained that the SCOPED office is very busy and under staffed. Legislator Halpin said there is no reason why she should not have this information and feels it is un- heard of if she is denied copies. She will pursue it legally if she has to. Legislator Barnes reported that over the weekend, with the large number of vendors in town for the NASCAR event, the New York State Department of Taxation and Finance checked all vendors for sales tax compliance and determined that they were all in compliance. He felt that was good news to share. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:05 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING SEPTEMBER 13, 2010 The September 13, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and County Administrator Timothy O’Hearn were also present. RESOLUTION NO. 249 Motion by Larison, Second by Yuhasz. RE: APPROVE THE MINUTES OF THE AUGUST 9, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 9, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 250 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE STOP DWI PLAN FOR 2011 – SHERIFF’S OFFICE WHEREAS, the County of Schuyler is participating in the New York State Stop D.W.I. Program, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby adopts and approves the 2011 STOP DWI Program Plan, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said Plan, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLTUION NO. 251 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE PAYMENT TO CHANDRA RUSSELL, LICENSED MASSAGE THERAPIST FOR SERVICES FOR CAREGIVER WORKSHOP – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides education, counseling and training services to Schuyler County residents functioning as informal caregivers, and WHEREAS, the Schuyler County Office for the Aging has been providing annual Caregiver retreats as a means to provide such training and education, and WHEREAS, pursuant to the County’s Administrative Manual, any reimbursement for presenters in excess of seventy-five dollars must be approved by Resolution of the entire Legislature, and WHEREAS, Massage Therapist, Chandra Russell, has agreed to provide a discussion on Relaxation Techniques & a demonstration of Therapeutic Touch as part of the retreat scheduled for August 25, 2010, and WHEREAS, the cost of the presentation includes $30.00 for travel, handouts and the presentation as well as $1.00 per minute for chair massage with an estimated 5 minutes per client, and WHEREAS, the cost of the presentation and chair massages would be covered by the Title III-E Caregiver grant for a total not to exceed $105.00 with a required 10% match not to exceed $10.50, and WHEREAS, there is sufficient funding available under the Title III-E Caregiver Grant, and WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for the Aging, the cost of the presentation could be minimized or covered by the donations requested and collected from participants. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 106 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes payment to Chandra Russell, Licensed Massage Therapist, for services rendered during the Caregiver Retreat August 25, 2010, through the budget account no. 6772.0401. Vote 8-0. RESOLUTION NO. 252 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE NATIONAL LEAD POISONING PREVENTION WEEK OCTOBER 24 – 30, 2010 – PUBLIC HEALTH WHEREAS, childhood lead poisoning is considered the most preventable environmental disease among young children, yet an estimated 250,000 U.S. children have elevated blood-lead levels, and WHEREAS, a simple blood test can prevent permanent damage that will last a lifetime, and WHEREAS, the U.S. Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), is committed to eliminating this burden to public health, and WHEREAS, the CDC and HHS share the goal of eliminating childhood lead poisoning in the United States by 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes October 24 – 30, 2010 as National Lead Poisoning Prevention Week and would like to raise awareness about lead poisoning, stress the importance of screening the highest risk children younger than 6 years of age (preferably by ages 1 and 2) if they have not been tested yet, highlight partner’s efforts to prevent childhood lead poisoning and urge people to take steps to reduce lead exposure. Vote 8-0. RESOLUTION NO. 253 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE SUBCOMMITTEE NAME CHANGE AND APPOINTMENT TO THE PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE – MENTAL HEALTH WHEREAS, the Office of Mental Retardation/Developmental Disabilities (OMRDD) has changed their name to Office of People with Developmental Disabilities (OPWDD), and WHEREAS, our subcommittee, Mental Retardation/Developmental Disabilities should change accordingly, and WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and Subcommittee members, and WHEREAS, there is a vacancy on the People with Developmental Disabilities Subcommittee, formerly Mental Retardation/Developmental Disabilities Subcommittee, and WHEREAS, Nan Woodworth-Shaw has expressed interest in serving on this subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the name change of the Mental Retardation/Developmental Disabilities Subcommittee and authorizes the appointment of Nan Woodworth-Shaw to the People with Developmental Disabilities Subcommittee to complete the term October 10, 2010 through December 31, 2012. Vote 8-0. RESOLUTION NO. 254 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR HVAC REPAIR & MAINTENANCE CONTRACTS - BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Department needs to have qualified HVAC technicians to make repairs on an as needed basis. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for HVAC repair & maintenance bids for the 2011 budget year, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. Vote 8-0. RESOLUTION NO. 255 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTURAL MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 107 WHEREAS, the county’s bridge, culvert and guiderail system is extensive, and WHEREAS, the county receives structural damage notification which requires repairs on various structures throughout the county due to emergencies, State Flag reports, natural disasters, etc., and WHEREAS, work on these structures may require services from private firms to assist county forces, and WHEREAS, the Highway Department has term agreements in place for engineering services to develop plans and design any needed repairs. NOW, THEREFORE, BE IT RESOLVED, that the Clerk to the Legislature, in coordination with the Highway Superintendent, be hereby authorized to advertise for bids on an hourly basis from private firms to assist county forces for repairs on various structures throughout the county. Vote 8-0. RESOLTUION NO. 256 Motion by Barnes, Second by Larison. RE: AUTHORIZATION FOR SCHUYLER COUNTY TO PARTICIPATE IN PURCHASE BIDS FROM OTHER NEW YORK STATE COUNTIES - PURCHASING WHEREAS, pursuant to New York State General Municipal Law Section 103, subdivision 3, section 1, County agencies are permitted to utilize other County agency bids for material, equipment or supplies, subject to certain rules, and WHEREAS, utilizing such bids would result in additional cost savings to the County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Purchasing Department may utilize other County bids, whenever such purchases are deemed by the Purchasing Specialist to be in the best interest of the county. Vote 8-0. RESOLUTION NO. 257 Motion by Barnes, Second by Larison. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial Number Department NA Dell Computer GX520 H1RYC81 Mental Health 5008 Dell Computer GX240 Mental Health 5205 Dell Computer Latitude 9CLB721 Mental Health 5249 Dell Computer Latitude BGRK121 Mental Health 5170 Dell Computer Latitude DGRK121 Mental Health 5050 Dell Computer Latitude GX67B11 Mental Health 5169 Dell Computer Latitude CGRK121 Mental Health 4814 Dell Computer Latitude 7Y0X801 Mental Health 4815 Dell Computer Latitude 9Y0X801 Mental Health NA Dell Computer C600/500 55F0M01 Public Health NA Dell Computer Latitude V58C4 Public Health NA Dell Computer Latitude Public Health 5204 Dell Computer Latitude 903C721 Public Health 5153 Dell Computer Latitude D4DZX11 Public Health SURPLUS Asset # Description Serial Number Department 0989 Metal Cabinet, 12 unit173 Real Property NA 2002 Chevrolet Impala 2G1WF55K629315211 Sheriff NA 1992 Chevrolet Caprice 1G1BL5370NW140942 Sheriff ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 108 NA 1994 Chevrolet Caprice 1G1BL52P7RR167254 Sheriff 6201 2001 Ford Crown Victoria 2FAFP71W61X180627 Sheriff 6747 2003 Ford Crown Victoria 2FAHP71W43X208047 Sheriff 6744 2003 Ford Crown Victoria 2FAFP71W03X121821 Sheriff 4943 2001 Chevrolet Impala 2G1WF55K019321620 Sheriff Vote 8-0. RESOLUTION NO. 258 Motion by Barnes, Second by Larison. RE: AUTHORIZE CONTRACT WITH AUCTIONS INTERNATIONAL FOR DISPOSAL OF SURPLUS EQUIPMENT – PURCHASING WHEREAS, the Management & Finance Committee has agreed with the Purchasing Department, in cooperation with the Highway Department, to advertise surplus items through an online auction service, and WHEREAS, Auctions International will provide this service at no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a two-year agreement, effective upon signing, with Auctions International for an online auction of surplus equipment, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 259 motion by Larison, Second by Yuhasz. RE: AUTHORIZE PROCEDURE FOR ADVERTISEMENT OF HIGHWAY MATERIAL BIDS – PURCHASING – AS AMENDED WHEREAS, in accordance with Section 103 of the General Municipal Law, all contracts for public works involving an expenditure of more than $35,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section, and WHEREAS, Highway Material Bids for the County are bid, accepted and rejected on a yearly basis by Resolution, and WHEREAS, to streamline the process and make it more efficient, the Purchasing Specialist, in cooperation with the Highway Superintendent, wish to change the procedure for Highway Material bids. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby directs the Clerk of the Legislature to advertise Highway material bids as needed, and the Highway Department will compile the actual bids for the material bids on a continual basis, to satisfy the yearly bidding procedures, and BE IT FURTHER RESOLVED, that the Highway Department shall bring the recommendations to the Public Works Committee for acceptance and/or rejection consistent with the food, milk and paper products bids by committee motion only. Vote 8-0. RESOLUTION NO. 260 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH BIDNET FOR AN ONLINE BIDDING SERVICE – PURCHASING WHEREAS, BidNet offers an online bidding service that will improve and streamline the bidding process for the County, and WHEREAS, utilizing such bid service would also result in additional cost savings to the County by increasing competition, and WHEREAS, BidNet will provide this service at no cost to the County, (with the exception of minimal mailing costs at initial setup, with funds available in account no. 1660.433). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a one-year agreement with BidNet for an online bidding service, effective upon signing, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 261 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE PURCHASING POLICIES AND PROCEDURES MANUAL - PURCHASING WHEREAS, the Schuyler County Purchasing Policies and Procedures Manual has been updated to reflect procedural changes and bidding thresholds, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 109 WHEREAS, the County Attorney has reviewed and approved of these changes. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves amending the Purchasing Policies and Procedures as revised in the attachment to be on file in the Purchasing Department. Vote 8-0. RESOLUTION NO. 262 Motion by Fagan, Second by Halpin. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES WHEREAS, the Management/Confidential Salary Plan (M/CSP) states that the salary ranges may be increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal Government over a 12-month period, and WHEREAS, the COLA has been determined to be 1.4 and WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature adopt a 1.4% COLA for Management/Confidential Salary Plan purposes, especially given the fact that a COLA was not applied to the salary ranges for the year 2010. NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall be amended to reflect this change as per attached chart, effective January 1, 2011. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 76,485 86,766 97,070 951 – 1025 L 70,597 80,892 91,187 876 – 950 K 64,712 75,010 85,305 801 – 875 J 58,829 69,127 79,422 726 – 800 I 52,950 63,244 73,538 651 – 725 H 47,065 56,626 66,185 576 – 650 G 42,653 52,950 63,244 501 – 575 F 39,710 49,270 58,829 426 – 500 E 36,769 45,592 54,418 351 – 425 D 33,828 41,919 50,008 276 – 350 C 30,886 38,240 45,592 202 – 275 B 27,945 35,299 42,653 Vote 8-0. RESOLUTION NO. 263 Motion by Fagan, Second by Halpin. RE: AUTHORIZE PAYMENT TO SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD FOR SCHUYLER COUNTY’S PORTION OF A LOCAL MATCH FOR DEVELOPMENT OF A REGIONAL GIS DATA WAREHOUSE PROJECT – INFORMATION TECHNOLOGY WHEREAS, Schuyler County has an interest in developing a regional GIS data warehouse to host an authoritative data set, and WHEREAS, various Schuyler County departments would be able to share different data layers with other agencies, and WHEREAS, the total cost of the project including Software, Hardware and a GIS Consultant is $64,000, and WHEREAS, the Southern Tier Central Regional Planning and Development Board has grant funds available to fund eighty five percent of the cost for this project for all three counties, Chemung, Steuben, and Schuyler, with fifteen percent of the balance to be paid by local match from each County, and WHEREAS, the Southern Tier Central Regional Planning and Development Board has requested Schuyler County to commit matching funds not to exceed $2,000, with Chemung and Steuben counties committed to paying the remaining balance of the local match. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 110 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the payment of matching funds, in the amount not to exceed $2,000, payable to for a local share of the Regional GIS Data Warehouse project, funding available in the 2010 Information Technology budget account no. 1680.400. Vote 8-0. RESOLUTION NO. 264 Motion by Fagan, Second by Halpin. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR ASSISTANT DEPUTY COUNTY CLERK POSITION – COUNTY CLERK BE IT RESOLVED, that this Legislature acknowledge the appointment by Linda M. Compton, County Clerk, of Scott G. Little as Assistant Deputy County Clerk, at an annual salary of $33,361, effective September 20, 2010, said position is in Grade Level D of the Management/Confidential Salary Plan. Vote 8-0. RESOLUTION NO. 265 Motion by Fagan, Second by Field. RE: ACCEPT RAIL LINE RELOCATION AND IMPROVEMENT CAPITAL GRANT AND AUTHORIZE AGREEMENT WITH FEDERAL RAILROAD ADMINISTRATION (FRA) FOR IMPROVEMENTS TO THE FINGER LAKES RAILWAY LINE WHEREAS, by letter of intent in 2008, the Legislature applied for funding to the Federal Railroad Administration (FRA) for a Rail Line Relocation and Improvement Capital Grant for improvements to the Finger Lakes Railway line in Watkins Glen, and WHEREAS, the County has been notified that they have been awarded the grant in the amount of $349,680.00 and will be the lead agent for said funding on behalf of the Finger Lakes Railway. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts said grant award in the amount of $349,680.00 to be forwarded to the Finger Lakes Railway for improvements to the Railway line in Watkins Glen, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said grant, at no cost to the County, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 266 Motion by Fagan, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR PAST INSURANCE CLAIM EXPENSES – COUNTY ADMINISTRATOR WHEREAS, Clarendon National Insurance Company was our previous insurance carrier for general liability coverage, and WHEREAS, accident/incident/legal claims were submitted to E.C. Cooper Insurance Agency on behalf of Schuyler County, and WHEREAS, Schuyler County had not been updated on expenses paid towards said claims for over 5 years, and WHEREAS, Schuyler County has been receiving Collection Notices since March, 2010, for these expenses that were not previously known, and WHEREAS, the County Attorney’s Office demanded a proper audit trail for the several Notices served and thus far has received the audit trail on four of the Notices, and WHEREAS, the County Attorney has approved these four of Notices for payment and gratefully acknowledges the assistance of Peggy Tomassi, Confidential Secretary to the County Administrator, in resolving the same. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $17,192.51 from Contingency account no. 1990.0500 into account no. 1910.0423 Insurance – SMP to pay for four said claims. Vote 8-0. RESOLUTION NO. 267 Motion by Fagan, Second by Field. RE: AUTHORIZE PURCHASE AND LEASE OF AN ADDITIONAL BUS WITH THE ARC OF SCHUYLER COUNTY FOR PUBLIC TRANSPORTATION ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 111 WHEREAS, the Arc of Schuyler County has been authorized by the Department of Transportation to retire a 5310 bus (current bus and WHEREAS, it would be to the County’s benefit to purchase this bus for $1.00 from the Arc to be leased back to them for $1 for use in the new public transit system implemented in August. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes this purchase and the lease of an additional bus with the Arc of Schuyler County for $1.00, and BE IT FURTHER RESOLVED, that the Chairman is authorized to sign any and all agreements for execution of said purchase and lease, subject to the approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 268 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH VENESKY & COMPANY FOR HOME CARE CONSULTING SERVICES – PUBLIC HEALTH WHEREAS, a Request for Proposals (RFP) is required to present the County’s Certified Home Health Agency (CHHA) Certificate of Operation for sale, and WHEREAS, Jack Venesky, CPA is qualified to do so, as well as prepare the financial and statistical data required, and WHEREAS, the fee for this project is $9,500, including out-of-pocket expenses and will include the preparation of the RFP, 1 onsite visit to begin the process and 1 onsite visit to review the final proposal, and WHEREAS, any other activities that require on site visits will be charged an additional fee of $1,000 per visitation. NOW, THEREFORE, BE IT RESOLVED, that the Chair of the Legislature be hereby authorized to execute a contract with Jack Venesky, CPA for the Public Health department for an RFP to present the CHHA Certificate of Operation for sale, effective immediately through the distribution of the Request for Proposal and Valuation Study, funding available in the Public Health 2010 budget, account no. 4010.490, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 269 Motion by Barnes, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of 75 individuals to be appointed as election inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of the following individuals as Schuyler County Election Inspectors for a one year term commencing July 15, 2010 through July 14, 2011: REPUBLICANS Karen Allen; Diana Clugstone; Susan Baker; Virginia Beebe; Janice Brew; Sonraeanna Carubia; Teresa A. Cope; Michael Dinkins; Carol Ann Evans; Doris H. Fazzary; Judy Forney; Michelle Gee; Mae Harrison; Elizabeth J. Hollis; Mary Ellen Hoose; John D. Hunt; Robert James; Darla Kimmey; Florence M. Klopf; Gretchen Leuze; Jamee Mack; Patricia Macnanara; Cathy-Rae Mathews; Frederick Mockler; Lisa Orr; Greta Preston; Helen M. Sipperley; Ida Smalley; Beatrice Smyder; Joyce Soule; Elizabeth J. Sullivan; Jolene Swick; Beverly VanAmburg; Catherine VanZile; Joyce VanVleet; Linda Wager; Cheryl Warner; P. Welshans; Harry G. Lockwood, Maureen N. Colunio; Margaret T. Herrick; DEMOCRATS Debra Albro; Darlene K. Bingham; Geraldine Boyce; Patricia L Butler; Judith Caruso; Susan Cecce; Beverly Clickner; Elizabeth Cole-Fagan; Shannon A. Cornish; Nancy L. Crouch; Vera Franzese; Vera Giasi; Jean M. Grandizio; Jean Hubsch; Sally J. Human; Virginia Jensen; Edith J. Jones; Diane Koi-Thompson; Suzanne Learn; Jacqueline Leidenfrost; Susanne Lipari; Elizabeth Martin; Neal Melveney; Madalyn B. Morgan; Kathleen D. Mayo; Marion Nicastro; Meghan Orbin; Jean Parker; Rosemary Paterson; Nona Schimizzi; Catherine Sirrine; Karen Solomon; Carlene L. Swick; Sandra Teeter; Elizabeth Underdown; Francis VanDyke; Melisa Zeoke. Vote 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 112 RESOLUTION NO. 270 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR THE PURCHASE OF PATROL RIFLES – SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office receives funds from drug case forfeitures that must be used for specific purposes, such as purchasing equipment to enhance the law enforcement mission, and WHEREAS, the Schuyler County Sheriff’s Office finds the need to utilize these funds to purchase patrol rifles to enhance the ability to deliver quality services to the residents of the county, and WHEREAS, said funds are available in the Seized Assets Reserve Account and need to be transferred into the Police Supplies account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $6,000 from the A885 Seized Assets Reserve Account into account no. 3110.432-Police Supplies. Vote 8-0. RESOLUTION NO. 271 Motion by Barnes, Second by Fagan. RE: AUTHORIZE CONTRACT WITH SANDRA TEETER FOR DEMOCRATIC DEPUTY ELECTION COMMISSIONER ASSISTANCE - BOARD OF ELECTIONS WHEREAS, Carolyn Elkins, Democratic Deputy Commissioner, will not be able to work the primary election September 14, 2010 due to a death in the family, and WHEREAS, there is funding in the Board of Election’s 2010 budget to pay someone to take her place on a contractual basis if this occurs, for work leading up to, and on the day of, both the Primary Election and the General Election in November if need be, and WHEREAS, Sandra Teeter, a former Democratic Deputy Election Commissioner, has agree to contract with the County for this purpose, as needed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Sandra Teeter for Democratic Deputy Election Commissioner services for the Board of Elections for the term September 9, 2010 through November 30, 2010, at an hourly rate of $15.00, on an as needed basis, funding available in the 2010 Board of Elections budget account no. 1450.435-Election Services; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 272 Motion by Larison, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2010 REPEALING AND REPLACING LOCAL LAW NO. 4 OF THE YEAR 1973 TITLED PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATION/LICENSING WHEREAS, Local Law Intro. No. 4/Local Law No. 4 of the Year 2010 Repealing and Replacing Local Law No. 4 of the Year 1973 titled Public Entertainment (Outdoor) – Regulation/Licensing was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held September 13, 2010 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4/Local Law No. 4 of the Year 2010, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 4/Local Law No. 4 of the Year 2010, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2010 A Local Law Repealing and Replacing Local Law No. 4 of the Year 1973 titled Public Entertainment (Outdoor) – Regulation/Licensing. Be it enacted by the Legislature of the County of Schuyler as follows: § 1-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: DAY Any 24 consecutive hours or less; ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 113 EVENT Any outdoor public entertainment, amusement, or assembly of individuals within the County of Schuyler catering to the general public, but does not include a parade. LICENSEE Any person to whom a license has been issued and remains in effect pursuant to this chapter. PERMANENT VENUE A permanent structure or facility for the conduct of events, which has been built and maintained in accordance with the New York State Fire Prevention and Building Code; PERSON Any individual, corporation, organization or entity of any kind. § 1-3 Prohibitions; permit required. It shall be unlawful for any person to organize, promote, conduct or cause to be conducted an event within the County of Schuyler, catering to the general public, which said person believes or has reason to believe will attract 20,000 or more persons unless a permit has first been obtained pursuant to this chapter for the operation of said outdoor public entertainment, amusement or assembly as provided by this chapter. Such permit shall be required for each such outdoor event. § 1-4 Filing of application; determination. Written application for a permit for such outdoor event shall be made to the Schuyler County Legislature at least 90 days or more prior to the first day upon which said event is to be held. Determination granting or denying permits as herein provided for shall be made within 60 days after application therefor. No permits shall be granted unless the applicant complies with all requirements of this chapter and unless such permit is granted at least 30 days before the event. A determination of the application by the Schuyler County Legislature shall be in writing. § 1-5 Contents of application. A. Applications for such permit shall be by verified petition addressed to the Schuyler County Legislature and shall be filed in compliance with the provisions of § 1-4 of this chapter. B. Such application shall include the following material: A statement of the name, age and residence address of the applicant; if applicant is a corporation, the name of the corporation, the names and addresses of directors, officers and stockholders owning 5% or more of the number of shares outstanding of each class of stock; if the applicant is a partnership or other organized group of individuals, the names, addresses and ages of each and every individual associated with the partnership or other entity. A statement containing the name and address of the record owner of the property upon which the event is to occur and the nature and interest of the applicant therein; the names and addresses of all adjoining property owners; the proposed dates and hours of such event; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; the purpose of the function, including the nature of the activities to be carried on and admission fees to be charged, if any. An occupational survey map prepared by a professional engineer licensed by the State of New York showing the size of the property, the names of the record owners of the adjoining properties; the streets or highways abutting said property; the size and location of any existing building, buildings or structures or other facilities to be erected thereon for the purpose of the assembly; the placement of the proposed distribution system of water; the location of any parking areas for automobiles and other vehicles and the means of ingress and egress to such parking area; all service and other roads serving the camping area, food services, toilet facilities, garbage and refuse collection facilities and entertainment and performance areas; and the names and addresses of all ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 114 concessionaires and other persons providing any service or facilities under contract, lease or other arrangement for the event. A detailed plan and statement with drawings showing the methods to be used for the disposal of sanitary sewage. A detailed plan and statement with drawings showing the distribution and supply system for supply, storage, treatment and distribution of drinking water. A detailed plan and statement with drawings showing the layout of any parking area for automobiles and other vehicles and the methods of traffic control to be used thereon. Such parking area shall provide parking space of acceptable size for one motor vehicle for every four persons in attendance. A detailed plan and statement with drawings showing the facilities for the preparation, storage, sale and distribution of food and the means of servicing such area. Such plan shall also detail the method and means of disposing of any garbage, trash, rubbish or other refuse. A detailed plan and statement fully describing any private security personnel who will be engaged by the applicant to serve on or about the site during the event and the qualifications and source of such personnel. A detailed plan and statement providing for fire protection, specifying the location of fire lanes, water supply and equipment or apparatus to be available for such purposes. (10) A detailed plan and statement specifying the facilities to be available for medical, surgical, nursing and ambulance service. Applicant shall furnish to the Schuyler County Legislature the addresses of all doctors, nurses, pharmacists and ambulance services applicant will provide for event, prior to issuance of a permit. (11) A detailed description of all insurance policies and surety bonds to be provided by the application for the protection of the general public, the County of Schuyler and its various public bodies, and the town and village within which such event is to be held. (12) A verified statement from the landowner and the applicant to the town and village within which the event is held and the County of Schuyler to permit the town, village and county and their lawful agents to go upon the property for the purpose of inspecting the same to determine if there is compliance with the requirement of this chapter and the permit, if granted; providing adequate police and fire protection; and protecting persons and property from danger. (13) A verified statement that the applicant will specify in all advertising and promotional endeavors the limitation of the number of tickets to be sold or otherwise issued as specified in the permit. § 1-6 Insurance and sureties. A. A person wanting to conduct an event shall, no later than 45 days before the first scheduled day of the event, provide the county with a policy of insurance showing comprehensive liability coverage of not less than $1,000,000 per occurrence and $3,000,000 in the aggregate and naming the County and the town and village in which the event is to be held as additional insured. Each policy of insurance shall contain clauses to the effect that such insurance shall be primary without right of contribution of any other insurance made by or on behalf of the County with respect to its interest, and that it shall not be canceled, including, without limitation, for nonpayment of premium, or materially amended, without 30 days' prior written notice to the County, directed to the County Administrator’s office. B. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 115 A person wanting to conduct an event shall, no later than 45 days before the first scheduled day of the event, deposit with the Schuyler County Treasurer cash or good surety company bond, approved by the County of Schuyler, in a sum not less than $100,000 as the Legislature may reasonably require, to insure that no damage will be done to any public or private property and that the person conducting the event will not permit any litter, debris or other refuse from the event to remain upon any public or private property. The cash shall be refunded or surety company bond canceled upon certification by the County Administrator that all conditions of this chapter have been complied with following the event. Such surety bond or cash shall serve as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the County of Schuyler and the town and village within which such event is to be held, and any other town and village within the county, from any and all damage that may be caused by vehicles, employees or participants in such event and to be used, if necessary, to restore the ground where such event is held to a sanitary condition and pay all charges and losses to the County and its respective towns and villages for damages to streets, pavements, bridges and other property, including reimbursement for Schuyler County Sheriff personnel. No such bond may be cancelable unless on 30 days' written notice to the county; and no such bond shall be cancelable or canceled until a replacement or equivalent bond or better is in effect prior to the cancellation. In no event shall any bond be canceled or cancelable less than thirty days prior to the first day of the event. If the event or its preparation, termination, clean-up or other consequences of the event necessitate the employment of county, town or village personnel or equipment or outside personnel or equipment by such county, town or village, such expense shall be recoverable from the principal and/or its surety. The deposit or its balance is to be returned when the County Administrator has determined that no such damage has been done and that the County did not incur such additional expense due to the event or that the costs of the above have been paid by the person conducting the event. § 1-7 Granting of permit. A. If a permit is approved by the Schuyler County Legislature, such permit shall set forth the maximum number of persons to be permitted to attend the event. The Schuyler County Legislature, in determining such maximum limit, shall take into consideration the capacity of the site and of available public highways, and parking facilities, and other means of transportation to and from the site. The applicant shall limit all ticket sales to such maximum number and shall include such limitation in all advertising. Applicant shall specify in all advertising and promotional endeavors the limitation on number of tickets to be sold or otherwise issued. A permit must be approved by resolution of the Schuyler County Legislature and signed by the County Administrator and County Attorney. B. A permit will be approved by the Schuyler County Legislature if the application provides the materials mandated by this chapter and if, no later than 30 days prior to the first scheduled day of the event, the applicant files with the Schuyler County Legislature the following: All required New York State Department of Health permits. Proof that the applicant has complied with the New York State Environmental Quality Review Act. Proof that the applicant has complied with all other applicable New York State, federal and local laws and regulations. Proof that the applicant complies with the requirement that the event will be held on a parcel or parcels of property adequately sized to accommodate the individuals anticipated to attend the event. § 1-8 Fees. A. The application form required by § 1-5 of this chapter shall be accompanied by a nonrefundable fee as stated herein below. Such fee may be changed from time to time by resolution of the County Legislature. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 116 B. If the County is the lead agency for SEQRA purposes for any event, the person filing the application form shall, upon receiving notification from the county that the county is the lead agency, pay the county the sum of $25,000 to compensate the county for expenses incurred in processing the application and in acting as lead agency, and shall reimburse the County for any such expenses incurred above that amount through use of the county's own personnel, through consultants for legal, engineering, public safety, technical or other matter relating to the SEQRA process, or other related expenses. C. If the county is not the lead agency, then the applicant shall be required to pay to the county the sum of $5,000 to compensate the county for its expenses in processing the application, and shall reimburse the county for any such expenses incurred above that amount through use of the County's own personnel or through consultants for legal, engineering, public safety, technical or other matters relating to the SEQRA process, or other related expenses. § 1-9 Indemnification. A person conducting an event shall, not less than 45 days prior to the first scheduled day of the event, sign an agreement to defend and indemnify the county and the town and village in which the event is to take place against all claims that may arise as a result of the event. § 1-10 Denial of permit. The permit shall not be granted if any of the items set forth in said application are determined by the Schuyler County Legislature to be insufficient to properly safeguard the safety, health, welfare and well being of persons or property, or do not comply with any of the requirements of this chapter, or are knowingly false, misleading or fraudulent. § 1-11 Suspension or revocation of permit. If, after a permit is issued, the Schuyler County Legislature determines that any of the items required as a condition of the permit is not adhered to or accomplished within the required time limits, or if any of the contracts, leases or other arrangements for provision of services and facilities, or any insurance or surety bond, shall become insufficient or terminated prior to completion of the event, or if the application is found to be false, misleading or fraudulent, in whole or in part, or if it is determined to be necessary to preserve the health, safety and/or welfare of persons or property, then this permit may immediately thereupon be suspended or revoked by resolution of the Schuyler County Legislature. § 1-12 Enforcement; penalties for offenses. A. Any person, persons, corporation, organization, landowner or lessee who shall organize, promote, conduct or cause to be conducted an outdoor event within the County of Schuyler catering to the general public for which said person, persons, corporation, organization, landowner or lessee believes or has reason to believe will attract 20,000 or more persons or which does in fact attract 20,000 or more persons, without having a current, written permit, issued in accordance with the provisions of this chapter, shall be deemed to have violated this chapter. Any person who commits or permits any act in violation of any of the provisions of this chapter shall be deemed to have violated this chapter and shall be liable for the penalties provided. A separate offense against this chapter shall be deemed committed on each day during or on which the violation occurs or continues. A separate penalty may be imposed for each separate offense. B. Each violation of a provision of this chapter shall be subject to a fine of up to $10,000 for each occurrence. C. The civil penalty and/or fine may be deducted from the bond or cash deposit, at the county's discretion. D. In addition to the above-provided penalties, the Schuyler County Legislature may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by temporary restraining order and/or by injunction the violation of this chapter. E. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 117 County officials shall have the right to inspect the premises at any time to ensure proper issuance of the permit, and at all times thereafter. § 1-13 Series permit. The county may issue a single permit for a series of events in one calendar year by an applicant, upon compliance with this within local law, plus a showing that all of the events scheduled or anticipated to be scheduled will comply with the statute and will not deviate from the representations filed with the Schuyler County Legislature in the application form. § 1-14 Permanent venues. A. Information to be submitted. An applicant for a permanent venue permit shall comply with the application process hereinabove or, in lieu thereof, shall provide the County Administrator with copies of all submissions made to state and local agencies during the approval and SEQRA process and shall submit proof to the County Attorney that: All required New York State permits, including, but not limited to, New York State Department of Health permits, have been obtained and are in effect; All required town or village permits or approvals, including, but not limited to, permits or approvals that may be required from a Planning Board or Zoning Board of Appeals, have been obtained and are in effect. Such permits or approvals must contain a finding that operation of the permanent venue is consistent with the health, safety and welfare of the municipality; The appropriate local agency has complied with the New York State Environmental Quality Review Act; Any other applicable New York State or federal laws or regulations have been complied with; The events are conducted on a parcel or parcels of property adequately sized to accommodate the persons anticipated to attend such events; and Insurance has been obtained and is and will remain in effect. The County will be named as an additional insured (and a declaration page will be issued) for all events for 20,000 persons or more. Submission of the approval and SEQRA materials and the required proof shall be deemed in compliance with 1-5, 1-6 and 1-9 of this chapter and shall entitle the permanent venue operator to the issuance of a permit hereunder. The permit, once issued, will be permanent unless and until it is suspended or revoked. B. For each calendar year after the issuance of the permanent venue permit, the applicant shall file an affidavit with the Schuyler County Legislature, with copies to the County Administrator and the County Attorney, that details the events scheduled for that calendar year or anticipated to be scheduled, as well as documentation demonstrating that all of the information supplied to the county that lead to the issuance of the permanent venue permit are substantially the same, detailing any changes, and documentation demonstrating that all required approvals from any other municipality or agency have been reissued or are still in force and effect and that all insurance and sureties have been reissued or are still in force and effect. Upon submission of said documents, the County Administrator shall confirm in writing if the applicant is in continuing compliance with this within statute, said writing to be countersigned by the County Attorney. All required insurance and sureties, New York State permits, town or village permits or approvals and any other applicable New York State or federal laws, rules or regulations must be updated, obtained and/or complied with. C. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 118 The conduct of events under a permanent venue permit are subject to an annual review fee of $1,500, which must be paid no later than 45 days prior to the first event of the calendar year. Said fee may be changed from time to time by resolution of the Schuyler County Legislature. D. This law hereby repeals and replaces Local Law No. 4 of the year 1973 in its entirety. § 1-15 Effective Date A. The effective date of this Local Law shall be January 1, 2011. Vote 8-0. DISCUSSION: Legislator Fagan wanted confirmation that this new Local Law will not pass along any undo burden for the NACSAR Weekend or the Wine Festival. Administer O’Hearn said that is correct. NEW BUSINESS: The Clerk of the Legislature announced that Saint John’s Episcopal Church in Catharine is celebrating their 200th year anniversary in October. The office received a letter requesting a Resolution acknowledging this celebration from the church on Friday and their celebration will be held on October 3rd. It was too short notice to do a Resolution for tonight’s agenda. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEE: None. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn said this is the first time technology harnessed Elections. We managed to have the Elections results posted on the Board of Elections web page. Real time results where available. He also reported that the County has been successful with receiving funding for the Main Street Grant for the Rural Urban Center and the Community Development Block Grant for Septic work on homes in the County. The Federal Railroad Grant also has been approved for the Finger Lakes Railway project in Watkins Glen. PUBLIC PARTICIPATION: Legislator Halpin mentioned that she participated in a meeting held by the New York State Economic Development Council (NYEDC). The NYSEDC is partnering with the New York Press Association and NYCOM to encourage New York Residents to spend $25 on September 25, 2010. She encouraged everyone present to participate in this event and support a local business. The Meeting adjourned at 6:46 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING OCTOBER 12, 2010 The October 12, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present except Legislator Halpin, who was excused. County Attorney James Coleman and County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: Former Legislator Mr. Paul Marcellus thanked the Legislature for putting up with him publically this evening. He then handed out a possible Resolution for action in the future and some supporting information he asked be copied and distributed to all of the Legislators. He requested that they consider passing a Resolution in support of the Compassionate Access Act of 2010. He also suggested the Legislature or County Administrator subscribe to a Health magazine and perhaps leave copies in the break rooms for employees to read. He also spoke about gas drilling. He said he finally had a chance to watch the documentary called Gas Land. He felt it was very interesting. He now knows and understands the financial benefits. The documentary is pretty straight forward. It talks about the quality of life that has been affected. He asked that they take the time and watch Gas Land and be aware of the industrialization that comes along with it. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 119 Mr. John Olin, from the Town of Orange, asked about the new method for SCOPED appropriations and how the sales tax distribution formula is figured and distributed. Chairman Gifford explained that it is a percentage of what is collected at the county level and that the numbers are not in yet for this year. Legislator Fagan explained that it is a maximum of 4% of the collections. Mr. Olin said then the Town Board will receive 4% like last year? Legislator Fagan stated that it will not always be what has been received in the past. Mr. Olin wanted to know how it would affect the town budget. Legislator Fagan said that this is all premature as the numbers are not in yet from the State. Mrs. Angeline Franzese said she recently attended the Management & Finance Committee budget workshop meeting last week and there was a draft budget handed out. Will the 4% additional clothing tax be added and be put in the budget? Will the Legislature taken action on that, or have you already? Will you be adding additional revenue for this tax, or is it in there now? Are any of the two emergency Resolutions taking action on this? The Clerk said the two emergency Resolutions are on the table and do not have anything to do with clothing tax. Legislator Fagan stated that the full board has not discussed the action on the clothing tax revenue. Mrs. Franzese asked if there will be. She also asked if there will be action taken on this before it goes to the public. Legislator Fagan said they will know that upon the final adoption of the budget. Mrs. Franzese asked when that might be. Legislator Fagan said the adoption of the budget will not be until after the Public Hearing. Chairman Gifford said the repealing of the clothing sales tax Resolution would have to occur by December 1, 2010 for an effective date of March 1, 2011. Mrs. Franzese said people need to know if it is in the budget or not. RESOLUTION NO. 273 Motion by Larison, Second by Field. RE: APPROVE THE MINUTES OF THE SEPTEMBER 13, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 13, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 274 Motion by Barnes, Second by Field. RE: AUTHORIZE AGREEMENT WITH POLICE REPORTS.US FOR ONLINE ACCESS TO MOTOR VEHICLE ACCIDENT REPORTS – SHERIFF’S OFFICE WHEREAS, the demand for timely access to motor vehicle accident reports has increased, and WHEREAS, Police Reports.US, has an internet based system for citizens and insurance companies to access and receive copies of these reports online twenty four hours a day, and WHEREAS, Police Reports.US, charges a nominal fee for motor vehicle accident reports, and Schuyler County will receive $1.00 from Police Reports.US for every report that is distributed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement for 2011, 2012, and 2013 with Police Reports.US for online access to motor vehicle accident reports, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 275 Motion by Barnes, Second by Field. RE: MODIFY THE EXISTING CONTRACT TO REFLECT A REDUCTION IN STATE AID FOR ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2010 - PROBATION DEPARTMENT WHEREAS, Schuyler County and the New York State Office of Probation and Correctional Alternatives (OPCA) have entered into contract #T480600 for the year 2010 which states that Schuyler County Probation will maintain Alternatives to Incarceration programs of community service and pre-trial release, and the OPCA will provide reimbursement aid in the amount of $4,324 for said programs, and WHEREAS, Schuyler County Probation has received notice through the Division of Criminal Justice Services that the aid for contract #T480600 for the year 2010 has been reduced by 10% under the New York State budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the modified 2010 Alternatives to Incarceration Service Plan and Budget, with a reduction of 10% to the proposed ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 120 state aid, and that the Chairman of the Legislature is hereby authorized to sign the same, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 276 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT WITH BURLINGTON LABORATORIES OF SARATOGA TO PERFORM LABORATORY URINE SCREENS AND SCREEN CONFIRMATIONS - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has identified the need to determine if a client whom is restricted from using alcohol and or illicit drugs has consumed either type of substance at anytime during their probation supervision term, and WHEREAS, Burlington Laboratories of Saratoga offers a lab urine screen called the Street Screen, that can test for Ethyl Glucuronide (ETG) indicating alcohol use up to 80 hours after alcohol is consumed, and WHEREAS, Burlington Laboratories of Saratoga has submitted a proposal to the Schuyler County Probation Department to provide the following services: • Street Screen including ETG/AMP/Barb/COC/OPI/OXI/THC at $20 each • Plain ETG Screen at $16 each • Confirmations at $10 each, and WHEREAS, the Schuyler County Stop DWI program is providing the Probation Office with additional funds, of which $2,000 will be designated to these specialized screens, and WHEREAS, the Schuyler County Probation Department has also developed a contract in which probationers would agree to pay for any positive screen results from such a test in an effort to reduce the cost to the county. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Burlington Laboratories of Saratoga, for the use of Street Screens, ETG Screens and confirmations for the above rates, for the term of October 31, 2010 to October 31, 2013, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 277 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH MEDTOX LABORATORIES INC. TO PERFORM ONSITE URINE SCREEN LABORATORY CONFIRMATIONS - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has the need to confirm positive testing results of instant onsite drug screens performed in the probation office for clients that are restricted from using illicit drugs while under probation supervision, and WHEREAS, Medtox Laboratories offers confirmations for results of instant onsite urine screen tests through laboratory procedures, as well as providing instant onsite urine screens to the probation department, and WHEREAS, Medtox Laboratories has submitted a proposal to the Schuyler County Probation Department to provide confirmation of urine drug screens at a price of $20 each which includes sample cups, established chain of custody, overnight transportation, GC/MS limit of quantization for each drug, email and fax reporting, 24 hour service, 48-72 hour turnaround time. Confirmations for onsite screens include cocaine, amphetamines, benzodiazepines, THC and expanded opiates, and WHEREAS, the Schuyler County Probation Department has also developed a contract in which probationers would agree to pay for any positive confirmed screen results in an effort to reduce the cost to the county. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Medtox Laboratories Inc., to authorize laboratory confirmation testing of onsite urine screens, at a cost of $20 each, for the term of October 31, 2010 to October 31, 2013, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 278 Motion by Larison, Second by Barnes. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 121 RE: AUTHORIZE GRANT ACCEPTANCE AND RENEWAL FOR A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau in collaboration with the Chemung County Youth Bureau, Catholic Charities of Schuyler County, Catholic Charities of Chemung County, Pro Action of Steuben & Yates County, Inc., and Workforce New York is filling an employment gap with youth specially challenged and considered difficult to serve, and WHEREAS, this is the fourth year of the grant, offered to Youth Bureaus only, and they must collaborate with existing Workforce Investment Act Programs, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the $116,900 allocation for the program with up to 5% of the grant to be designated for administrative responsibility, and WHEREAS, the Youth Bureau will contract with Pro Action and Catholic Charities to provide the WIA program aspects and Workforce New York for the program monitoring, and WHEREAS, the Youth Bureaus have been designated to provide the youth development aspects for the programs and youth. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for the APY Grant funding and any subsequent contracts; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 279 Motion by Larison, Second by Barnes. RE: AUTHORIZE APPOINTMENT TO THE YOUTH BOARD – YOUTH BUREAU BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Susie Switzer, Member at Large, to the Schuyler County Youth Board, for the term January 1, 2010 through December 31, 2012. Vote 7-0. RESOLUTION NO. 280 Motion by Karius, Second by Yuhasz. RE: APPROVAL OF THE 2011 ANNUAL IMPLEMENTATION PLAN - OFFICE FOR THE AGING WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan, which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Expanded In-Home Services for the Elderly Program (EISEP) Community Services for the Elderly Program (CSE) Congregate Services Initiative Program (CSI) Supplemental Nutrition Assistance Program (SNAP) The Weatherization Referral & Packaging Program (WRAP) Health Insurance Information, Counseling and Assistance Program (HIICAP) Medicare Improvements for Patients and Providers Act (MIPPA) Transportation New York Connects, and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan no later than December 1, 2010, and WHEREAS, the Public Hearing on the Annual Implementation Plan will be held, as required, on October 15, 2010 at 10:00 AM in the Silver Spoon Café at the Human Services Complex, and WHEREAS, no Federal and/or New York State funding will be available until the Plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 122 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Plan/funding application necessary to carry out the services provided by the Schuyler County Office for the Aging for the term of January 1, 2011 through December 31, 2011, said Plan/funding application subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 281 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH VOLLMER, OT FOR PRESCHOOL SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Preschool Services for children, and WHEREAS, Vollmer is approved as a provider for Preschool Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Contract with Vollmer, OT for Preschool Services, effective September 1, 2010 through June 30, 2011, at the rate of $65.00 per half hour session, to be renewed annually, funds available in the Public health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 282 Motion by Karius, Second by Yuhasz. RE: RECOGNIZE NOVEMBER 2010 AS NATIONAL DIABETES MONTH - PUBLIC HEALTH WHEREAS, more than 18 million Americans have diabetes and another 41 million Americans are at risk of developing diabetes, and WHEREAS, the key to early diagnosis and treatment, as well as prevention of diabetes and its complications, is awareness and education, and WHEREAS, diabetes is the fifth-leading cause of death by disease in the United States, and WHEREAS, the of diabetes include frequent urination, excessive thirst, extreme hunger, unusual weight loss, increased fatigue, irritability and blurry vision. NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognizes November 2010 as National Diabetes Month and encourages all residents to be aware of the of diabetes. Vote 7-0. RESOLUTION NO. 283 Motion by Larison, Second by Karius. RE: AUTHORIZE CONTRACT WITH KINNEY MANAGEMENT SERVICES, LLC – PUBLIC HEALTH WHEREAS, Public Health is required to do Medicaid Excluded Provider checks on all county employees and contractors, and WHEREAS, Kinney Management Services, LLC provides the software to conduct the Medicaid Excluded Provider checks, and WHEREAS, the license to use the software needs to be purchased. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Kinney Management Services, LLC for Public Health for Medicaid exclusion checks for the term October 13, 2010 through December 31, 2011, in the amount of $600 per year, funding available in the 2010 – 2011, Public Health budget account no. 4010.435; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 284 Motion by Larison, Second by Karius. RE: AUTHORIZE CONTRACT WITH KINNEY MANAGEMENT SERVICES, LLC – COMMUNITY SERVICES WHEREAS, Community Services is required to do Medicaid Excluded Provider checks on all county employees and contractors, and WHEREAS, Kinney Management Services, LLC provides the software to conduct the Medicaid Excluded Provider checks, and WHEREAS, the license to use the software needs to be purchased. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Kinney Management Services, LLC for Community Services for Medicaid exclusion checks for the term October 13, 2010 through December 31, 2011, in the amount of $600 per year, funding ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 123 available in the 2010 - 2011 Community Services budget account no. 4310.435; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 285 Motion by Larison, Second by Karius. RE: AUTHORIZE AMENDMENT TO CONTRACT WITH STAFKINGS PERSONNEL SYSTEMS – HEALTH SERVICES WHEREAS, Schuyler County Public Health has a contract with Stafkings Personnel Services, and WHEREAS, the Mental Health Clinic is in need of nursing services to serve the clients. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2010 contract with Stafkings Personnel Systems for nursing services, at the current rates, subject to the approval of the County Attorney. Vote 7-0. RESOLUTION NO. 286 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH GREAT EXPECTATIONS PHYSICAL, OCCUPATIONAL AND SPEECH THERAPY, PLLC – PUBLIC HEALTH WHEREAS, Schuyler County is required to provide Preschool Special Education Services and Related Therapy Services to children determined to be in need of such services, and WHEREAS, Great Expectations Physical, Occupational and Speech Therapy, PLLC is able to provide the Related Therapy Services for children residing in Schuyler County, and WHEREAS, the rate for Related Therapy Services will be $60.00 per half hour session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Great Expectations Physical, Occupational and Speech Therapy, PLLC for the provision of Children’s Preschool Therapy Services, effective July 1, 2010 through June 30, 2011 at the rate of $60.00 per half hour session, to be renewed annually, funds available in the Public Health budget, account no. 2960.400, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 287 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE INCREASE IN HOURS OF A SENIOR REGISTERED PROFESSIONAL NURSE POSITION – COMMUNITY SERVICES WHEREAS, Resolution No. 151-10 authorized the reduction in hours for a Senior Registered Professional Nursing position from 35 to 27, and WHEREAS, the Senior Registered Professional Nurse will be vacated through retirement effective October 7, 2010, and WHEREAS, permission has been received to fill the position, and WHEREAS, the Director of Community Services and Public Health requests that the position be returned to 35 hours per week. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes increasing the hours of the Senior Registered Professional Nurse position in Community Services from 27 hours to 35 per week, effective October 12, 2010. Vote 7-0. RESOLUTION NO. 288 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE A TEMPORARY INCREASE IN HOURS OF A LESS THAN FULL TIME PUBLIC HEALTH NURSE POSITION – PUBLIC HEALTH WHEREAS, Schuyler County Public Health has a less than full time Public Health Nurse position, and WHEREAS, this position is currently at 20 hours per week, and WHEREAS, Public Health has the need of more hours to provide mandated services, and WHEREAS, the Director of Community Services and Public Health requests that the position be temporarily increased to 27 hours per week through the end of the fiscal 2010 year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes a temporary increase in the hours of a less than full time Public Health Nurse position from 20 hours to 27 per week, effective October 12, 2010 through the end of the fiscal 2010 year. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 124 Vote 7-0. RESOLUTION NO. 289 Motion by Larison, Second by Field. RE: AUTHORIZE CERTIFICATION OF 2009 COST ALLOCATION PLAN – SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2009 Cost Allocation Plan prepared by Venesky and Company for Schuyler County Department of Social Services claiming of county- wide administrative costs and maintenance in lieu of rent in 2011, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign and certify the plan to the NYS Office of Temporary and Disability Assistance. Vote 7-0. RESOLUTION NO. 290 Motion by Larison, Second by Field. RE: AUTHORIZATION TO ENTER INTO AGREEMENT WITH SCHUYLER COUNTY OFFICE FOR THE AGING FOR THE HEAP PROGRAM - SOCIAL SERVICES WHEREAS, the Department of Social Services has funding available through the New York State Office of Temporary & Disability Services for the provision of heat for qualified residents of Schuyler County, and WHEREAS, the Schuyler County Office for the Aging has experience with the HEAP process and has agreed to provide assistance with the program so senior residents of Schuyler can be serviced quickly. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement between Social Services and the Schuyler County Office for the Aging for the period of November 4, 2010 through January 13, 2011 at the rate of $10.00 per assisted application and $250.00 for accepting completed applications and forwarding to the Social Services HEAP unit, for a maximum of $1,500.00 subject to the approval of the Schuyler County Attorney, and subject to the 2011 Social Services budget being passed by the Schuyler County Legislature. Vote 7-0. RESOLUTION NO. 291 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH UNIFIRST CORPORATION FOR UNIFORM RENTAL/CLEANING SERVICE – HIGHWAY WHEREAS, the Highway Department has a need for rental/cleaning services for coveralls and shop towels, and WHEREAS, current supplier Cintas’s contract expires November, 2010, and WHEREAS, three quotes had been received for said service through the Purchasing Department, and WHEREAS, Unifirst Corporation is able to provide this service at the lowest cost, and WHEREAS, funds are available in account no. 5130.441 to pay for said contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a three-year contract from December 2010 through November 2013 with Unifirst Corporation for rental/cleaning services, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 292 Motion by Fagan, Second by Field. RE: ACCEPT/REJECT BIDS FOR STRUCTURE MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for assistance when the county receives structural damage which requires repair on various structures throughout the county due to emergencies, State Flag reports, natural disasters, etc., and WHEREAS, Resolution No. 255-10 authorized the Highway Superintendent to advertise for bids for said projects, and WHEREAS, bids were received and opened October 12, 2010 and reviewed with the recommendation being made by the Highway Superintendent to accept the low bid from Silverline Construction, Inc in the following amounts: Classifications Towns of Catharine, Cayuta, Towns of Dix, Orange, Hector & Montour Hourly Rate Reading & Tyrone Hourly Rate Foreman $73.00 $73.000 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 125 Journey Man Carpenter 72.00 72.00 Iron Worker 77.50 77.00 Laborer 65.00 64.00 Equipped Field Truck 21.00 21.00 15 Cu. Yd. Dump Truck 85.00 85.00 15,000 lb. Crawler Dozer 100.00 100.00 30,000 lb. 3 yd. Wheeled Loader 110.00 110.00 45,000 lb. Excavator w/ Thumb 140.00 140.00 Bid to be used within budgeted funds for a given year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract as set forth above, for the term of one year with an effective date of October 1, 2010; subject to the approval of the Schuyler County Attorney. BE IT FURTHER RESOLVED, bid submitted from Vector Construction Corporation be rejected due to electronic submission. Vote 7-0. RESOLUTION NO. 293 Motion by Fagan, Second by Field. RE: AUTHORIZE AGREEMENT WITH AES GREENIDGE, LLC FOR BOTTOM ASH/CINDERS – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need for the Highway Department to purchase Bottom Ash/Cinders and WHEREAS, AES Greenidge, LLC requires a signed agreement before any municipality can enter the power plant in Dresden to load the bottom ash. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with AES Greenidge, LLC for the Highway Department to purchase approximately 1,000 tons of bottom ash at $5.15 per ton if municipality loads, for the period October 4, 2010 through October 3, 2011; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 294 Motion by Fagan, Second by Field. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2011 WHEREAS, a public hearing in respect to the 2011 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2011 County Budget will be held in Room 120 at the Human Service Complex, 323 Owego Street, Montour Falls, NY on November 8, 2010 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2011 Budget, and BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359. Vote 7-0. RESOLUTION NO. 295 Motion by Fagan, Second by Field. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO AMEND SECTION III, PERFORMANCE APPRAISALS WHEREAS, since the County implemented a Performance Based Budget process, and performance appraisals have had no correlation to wage increases for a number of years now, the Performance Appraisal process has become redundant and unnecessarily time consuming, and WHEREAS, the Administrative Council recommends that an option be given to the management/confidential employees to either have a formal performance appraisal annually, or to have an ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 126 informal annual review process with their respective department head/Supervisor, in combination with the Performance Based Budget process. NOW, THEREFORE, BE IT RESOLVED, that Section III, Performance Appraisals, of the Management/Confidential Salary Plan, be amended to add the following language, effective immediately: Performance Appraisals may be conducted in one of two ways, either formally using the forms available in the Management/Confidential Salary Plan, or informally with a meeting. Vote 7-0. WITHDRAWN RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE - WITHDRAWN WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a foreclosure sale. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set Saturday, as a tax auction sale date, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is, authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and BE IT FURTHER RESOLVED, that said Notice to Vacate be sent by registered mail to the most recent owners of record as shown in the property description, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the agreement with David A. Matson for auctioneer services for the year 2010, at a cost of 6% of the sale; subject to the approval of the Schuyler County Attorney. RESOLUTION NO. 296 Motion by Fagan, Second by Field. RE: AUTHORIZE CONTRACT WITH STATE UNIVERSITY OF NEW YORK (SUNY) UPSTATE MEDICAL UNIVERSITY – MENTAL HEALTH WHEREAS, SUNY Upstate Medical University is requesting an affiliation Agreement between SUNY Upstate Medical University and Schuyler County Mental Health for a clinical fieldwork experience for students from their Physician Assistant Program, and WHEREAS, SUNY Upstate Medical University has developed and established an education program in Physician Assistant Studies and desires to have students receive a supervised clinical fieldwork experience to support the objectives of the program, and WHEREAS, Schuyler County Mental Health has qualified professionals and clinical facilities for clinical fieldwork experience and is willing to make its facilities available for this purpose to SUNY Upstate Medical University. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with SUNY Upstate Medical University for the Mental Health Clinic for providing supervised clinical fieldwork experience for their Physician Assistant Program, for the term September 1, 2010 through August 31, 2015, no funding being required, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 297 Motion by Fagan, Second by Field. RE: AUTHORIZE ONGOING AGREEMENT WITH SCHUYLER HOSPITAL TO PROVIDE HEALTHCARE SERVICES TO SCHUYLER COUNTY RESIDENTS WHEREAS, Schuyler Hospital is requesting an Affiliation Agreement between Schuyler Hospital and Schuyler County so Schuyler Hospital can provide health care services to low-income individuals who are neither entitled to benefits under Title XVIII of the Social Security Act nor eligible for assistance under the State plan of Title XIX, and WHEREAS, Schuyler Hospital wishes to participate in the drug discount program established under Section 340B of the Public Health Services Act (the “340B Program), and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 127 WHEREAS, Schuyler Hospital desires to make such a formal commitment to Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an ongoing agreement with Schuyler Hospital to enable them to participate in the 340B Program to provide health care services to low-income individuals, for an indefinite term effective immediately, no funding being required, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 298 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT WITH LINDSY HYER, ST FOR PRESCHOOL SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Preschool services for children, and, WHEREAS, Lindsy Hyer is approved as a provider for Preschool services, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Lindsy Hyer, ST for Preschool services, effective September 1, 2010 through June 30, 2011, at the rate of $65.00 per half hour session, to be renewed annually, funds available in the Public health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 299 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT WITH NANCY DASH FOR EMS BALLOT LAYOUT - BOARD OF ELECTIONS WHEREAS, the unforeseen change in dates by the MOVE Act (Military Ballots) has resulted in the Board of Election having to provide to the State Board of Elections a Schuyler County Ballot Layout by October 4, 2010, and WHEREAS, Schuyler County’s trained personnel was unavailable and inaccessible (due to vacation commitment) to complete the necessary programming associated with formatting the military ballot prior to the implementation date, and WHEREAS, the Schuyler County Election Commissioners have reached out to neighboring Seneca County to request technical assistance from trained personnel, and WHEREAS, Seneca County has agreed to allow their technician to enter into an independent contract to provide this service to Schuyler County, and WHEREAS, there is funding in the Board of Election’s 2010 budget to pay Custodian/Tech personnel, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with Nancy Dash for services to the Board of Elections, at an hourly rate of $20.00 plus travel expenses, on an as needed basis, not to exceed $500.00, funding available in the 2010 Board of Elections budget account no. 1450.435-Election Services; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 300 Motion by Karius, Second by Larison. RE: RECOGNIZE NATIONAL BUSINESS WOMEN’S WEEK OCTOBER 18-22, 2010 WHEREAS, there are 71 million working women striving to serve their communities, their states and their nation in professional, civic and cultural capacities, and WHEREAS, 40% of privately-held U.S. firms were at least 50% owned by women employing 13 million people and generated $1.9 trillion in sales, and WHEREAS, the major goal of Southern Finger Lakes Women, a Chapter of New York State Women, Inc. is to promote equality for all women and to help create better conditions for working women through the study of social, educational, economic and political problems; all of us are proud of their leadership in these many fields of endeavor, and WHEREAS, Southern Finger Lakes Women (formerly known as the Watkins Glen Business and Professional Women), founded in 1940, is a local organization of Women helping Women and is proud to be celebrating its 70th year as a Chapter of New York State Women, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize the week of October 18-22, 2010 as National Business Women’s Week in Schuyler County, New York and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 128 urges all citizens, all civic and fraternal groups, all educational associations, all news media and other community organizations to join this salute to working women to encourage and promote the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic and cultural purposes. Vote 7-0. RESOLUTION NO. 301 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2010 CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. – COUNTY ATTORNEY’S OFFICE WHEREAS, Resolution No. 246-10 authorized a contract with Rachael Boruchowitz for additional legal research in the case of Hurrell-Harring, et al. vs The State of New York, Gov. David Paterson, Schuyler County, et al., and WHEREAS, this litigation is again moving through the appeals process and will be productive of significant further research effort, and WHEREAS, the original contract with Rachael Boruchowitz was in an amount not to exceed $2,000 of research in August 2010, and WHEREAS, additional research is necessary to continue the case and the County Attorney wishes to expend additional encumbered funds to pay Rachael for additional services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the contract with Rachael Boruchowitz, J.D., for an additional $700.00, funding available from encumbered 2009 funds in account no. 1420.435-Professional Fees & Services; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 302 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE REIMBURSEMENT TO THE TOWN OF HECTOR FOR HEALTH INSURANCE – HUMAN RESOURSES WHEREAS, the Town of Hector terminated its agreement with the County for health insurance effective January 1, 2010, and WHEREAS, under the terms of the agreement, the Town of Hector paid two months’ worth of premium ($50,006.26) to cover claims run out, and WHEREAS, the claims run out at the end of June totaled $10,846.66, and WHEREAS, it is the recommendation of the County Administrator that the Town of Hector be reimbursed the remaining amount of premium paid after the claims run out is applied. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County Treasurer to reimburse the Town of Hector $39,159.60 in unspent health insurance premium. Vote 7-0. RESOLUTION NO. 303 Motion by Larison, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF SOUTH GENESEE STREET BRIDGE PROJECT – HIGHWAY WHEREAS, Resolution No. 80-10, authorized the advertising for bids for construction of South Genesee Street Bridge Replacement, and WHEREAS, bids were received and opened on October 5, 2010 and reviewed with the recommendation being made by Fisher Associates Engineers to accept the low bid from Silverline Construction, and WHEREAS, funding for the said project is in the 2010/2011 budget and fully reimbursed, 80% Federal, 15% State, and 5% Town of Montour. NOW THEREFORE, BE IT RESOLVED, that the Chairman be authorized to sign the contract with Silverline Construction, for the South Genesee Street Bridge Replacement at the low bid price of $ 834,315.00, pending approval of funding available in the 2011 budget in account no. 002.5120.545, and BE IT FURTHER RESOLVED, the other bids be rejected, with a note of appreciation for their participation. Vote 7-0. RESOLUTION NO. 304 Motion by Larison, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 129 RE: AUTHORIZE CONTRACT AMENDMENT WITH KVS INFORMATION SYSTEMS, INC. FOR SOFTWARE AND TRAINING – TREASURER WHEREAS, the Treasurer’s Office has an existing contract with KVS for the County’s Financial System, and WHEREAS, there is an upgrade to the software available that will allow the Treasurer’s Office to enhance the performance of duties in the office, with the only cost being training for the staff. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said amendment to the original contract, at a cost not to exceed $500, funding available in the 2010 Treasurers budget account no. 1325.459-Training,subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 305 Motion by Larison, Second by Field. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 306 Motion by Fagan, Second by Field. RE: ACCEPT AND ESTABLISH THE EARLY INTERVENTION GRANT FOR OCTOBER 1, 2010 – SEPTEMBER 30, 2011 – PUBLIC HEALTH WHEREAS, Schuyler County’s annual Early Intervention Grant will be $28,755 for the period of October 1, 2010 through September 30, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2010- 2011 Early Intervention Grant Budget accordingly in cooperation with Public Health. Vote 7-0. RESOLTUION NO. 307 Motion by Fagan, Second by Field. RE: APPROVE APPLICATION FOR CREDIT OF REAL PROPERTY TAXES IN THE TOWN OF ORANGE – REAL PROPERTY TAX SERVICE WHEREAS, application for credit of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 71.00-1-48, owned by the Boys & Girls Club of Harlem, Inc., in the Town of Orange, and WHEREAS, the owner is a tax exempt organization that acquired the property prior to the Taxable Status Date of March 1, 2009, and WHEREAS, it is the recommendation of the Real Property Tax Director that the application be approved. NOW, THEREFORE BE IT RESOLVED, that the application is approved, and BE IT FURTHER RESOLVED, that the 2010 taxes be expunged from the roll, including the relevied 2009 Bradford school tax and all other penalties, fees and interest incurred, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby directed to charge back the appropriate amounts to both the Town of Orange and the Bradford Central School District. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison passed a map around that shows the coverage of Inter County Association of Western New York and expressed his feelings of the importance of belonging to this organization. He also congratulated Chairman Gifford on his completion of the Pelletier Program through New York Association of Counties (NYSAC). COUNTY ADMINISTRATOR’S REPORT: Administrator Timothy O’Hearn reported that Linda Compton, County Clerk and Kathy Walruth, Records Management Director and himself were in Albany today to accept a State Archives Award. This award ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 130 recognized Shared Public Records Management Facility as being a model in the State of New York. I was proud to represent Schuyler and be there for this award. Administrator O’Hearn then showed the Legislature a few pictures of the Lake Front project that is being worked on. He informed the Legislators that these are also available on the SCOPED web page. There will be a final Public Hearing scheduled for this project at a future date. He stated he is very excited to think that our lakefront could even begin to look like these pictures. This extends from Seneca Harbor Park to Tank Beach. PUBLIC PARTICIPATION: Mr. Paul Marcellus from the Town of Dix, he has shared with the Legislature that he has a son that after 911 had been deployed to Iraq. His son has had some issues dealing with that and Mr. Phil Smith, Schuyler Director of Veteran’s Services, has developed quite a good repore with his son. He also wished to extend congratulations to SCOPED for kicking off a new Leadership Schuyler Program for 2010-2011. He then discussed the Marchellus Shale issue again and advocated about the vitality of the economy now. The shale is the deepest to our east. Legislator Fagan stated he also had attended a quorum and listened to a very experienced petroleum engineer. This engineer confirmed his suspicions of the Finger Lakes Region. He does not feel there will be economic feasibility north of the Southern Tier. Mrs. Angeline Franzese asked about the Resolution setting the Public Hearing on the Budget. This date is six days after the election. She wanted to know why you are not doing it before then. She also asked when the 100 copies of the tentative budget will be available. Legislator Fagan stated that when the preliminary budget becomes tentative. Mrs. Franzese asked why it would not be copied prior to the Public Hearing and will she have to FOIL it? Legislator Fagan said it is a public document and we cannot charge for it, by county Law we are to make it available. The Meeting adjourned at 7:05 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk SPECIAL MEETING OCTOBER 27, 2010 The October 27, 2010 Special Meeting was called to order by Acting Chairman Karius at 11:00 a.m. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Chairman Gifford and Legislator Field who were excused. County Attorney James Coleman and County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 308 Motion by Larison, Second by Halpin. RE: RATIFICATION OF SPECIAL MEETING BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Acting Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business: 1. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2010 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER UNDER PART A OPTION TO EXTEND THE ENROLLMENT PERIOD TO 90 DAYS 2. ALTERATIONS OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 Vote 6-0 RESOLUTION NO. 309 Motion by Larison, Second by Halpin. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2010 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER UNDER PART A OPTION TO EXTEND THE ENROLLMENT PERIOD TO 90 DAYS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 131 WHEREAS, Local Law No. 2 of the Year 2010 elected a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler with a enrollment period of 60 days, under Part A Option, and WHEREAS, the Schuyler County legislature wishes to amend that enrollment period and extend it to be 90 days. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2010 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 8, 2010 following the Public Hearing on the 2011 tentative budget, to be held at the Schuyler County Human Services Complex, in Room 120 at 323 Owego Street, Montour Falls, NY LOCAL LAW INTRO NO. 5 OF THE YEAR 2010 A LOCAL LAW amending Local Law No. 2 of the Year 2010 electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler under Part A Option to extend the enrollment period to 90 days. BE IT ENACTED by the Schuyler County Legislature of the County of Schuyler that the open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 90 days in length. This act shall take effect immediately upon filing with the State. Vote 6-0. RESOLUTION NO. 310 Motion by Larison, Second by Halpin. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HOSPITAL & MEDICAL INSURANCE FUNDS BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$300,[PHONE REDACTED].807 Health Insurance Expense +$300,[PHONE REDACTED].900 Transfers to Health Insurance Expense +$300,[PHONE REDACTED].807 Health Insurance Expense +300,[PHONE REDACTED].5031 Interfund Transfers Revenue Vote 6-0. RESOLUTION NO. 311 Motion by Larison, Second by Karius. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HIGHWAY MACHINERY FUND BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$42,[PHONE REDACTED].446 Rent Expense Vote 6-0. RESOLUTION NO. 312 Motion by Larison, Second by Karius. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HIGHWAY COUNTY ROAD FUND BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$1,[PHONE REDACTED].446 Rent Expense Vote 6-0. RESOLUTION NO. 313 Motion by Larison, Second by Karius. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CENTRAL GARAGE BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$2,[PHONE REDACTED].446 Rent Expense Vote 6-0. RESOLUTION NO. 314 Motion by Larison, Second by Karius. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 132 RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – STATUTORY INSTALLMENT BONDS BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$65,000 9720.600 Debt Service – Principal Expense +$49,294 9720.700 Debt Service – Interest Vote 6-0. RESOLUTION NO. 315 Motion by Larison, Second by Karius. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – CONTINGENCY BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$100,000 1990.500 Contingency Expense Vote 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 11:04 a.m. Stacy B. Husted, Clerk REGULAR MEETING NOVEMBER 8, 2010 The November 8, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present except Legislator Field who was excused. County Attorney James Coleman and County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: Karen Radenburg questioned the process and what the Public Hearing was for tonight. Chairman Gifford explained that there is 30 minutes of public participation for the regular meeting agenda and then there will be a public hearing on the 2011 tentative budget to follow. Angie Franzese asked if the Legislature was planning to adopt the 2011 budget this evening and is there an agenda? The Clerk directed her to the table upfront where copies of the agenda were available and explained that the Resolutions to adopt the budget were on the agenda for possible action this evening following the public hearing. Wendy Treat from Burdett explained that the bulk of the people in attendance tonight are riders on the TCAT bus system and want to know why this bus transportation is being cut from the budget. They are wondering if other options have been researched. The service has been in existence for twenty six years and she feels there is a need for it. She has lived in Schuyler County for two years now and other counties provide this service. Administrator O’Hearn explained that at this time it is public participation and not time for budget public hearing comments, however he did point out that in the tentative budget discussions it was proposed to reduce service and look at increasing fares. TCAT was not beneficial on the operation side. There were no other proposals on the table. Ms. Treat then asked if using the ARC of Schuyler County for bus service has this been explored? O’Hearn said not at this point. The public transportation has expanded locally and is running with no local share cost, not the case with TCAT. Gerry Reynolds asked if the County looked into expanding its service to TCAT. O’Hearn explained what has been done and what the Legislature wanted. This County Transit service is a pilot program at this point and it may expand in the future. Karen Radenburg had some questions relative to the Code of ethics and completing a financial form. She also felt it was in the County’s best interest to consider term limits for the legislator and to discontinue voting yourself a raise and to obey the Constitution. 6:41 P.M. PUBLIC HEARING ON THE 2011 TENTATIVE BUDGET: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 133 Administrator O’Hearn gave a presentation regarding the 2011 Budget. This document is on file in the Legislative Office. Diane Sheridan asked that the fifty people in attendance tonight that take the bus please stand so the Legislature can see who they are. A number of folks stood. She said these people do not just ride to work, they use the bus services for Doctor appointments and other trips. They wanted to put a face to the people that the Legislature is taking the bus away from. She feels they will be putting some of them out of work and she is asking the Legislature to reconsider this cut from the 2011 budget. Angie Franzese said she is concerned about the sales tax figures based on this same time last year and wanted to know if the County Administrator was concerned also. She feels they are running short by $725,000 this year compared to what is budgeted. With the economy not being great she does not feel the sales tax figure you have reflects the real numbers. She feels the $50,000 cut for the bus service is nothing and that they could immediately take $150,000 from the contingency account. That would cover the $50,000 for TCAT. She then made some suggestions of items to cut. She stated that in the year 1991 the Legislature ran out of fund balance. She urged them to pull back on the budget, use $50,000 for the bus service and cut elsewhere. She also urged them to not pass this budget tonight, make more cuts. Legislator Fagan explained that the sales tax figures need to take into account that the State made a mistake on the contribution and there was a $250,000 bust last year. Through the first three quarters the sales tax was at 98% of the budgeted amount. Mrs. Franzese said the budget does not reflect that. Chris Pelletier said he moved to Schuyler County last February and the main reason they chose Schuyler County was for the bus service. Otherwise he would not have moved to the area. This will be a hardship on his family. Joey Gates, a Mecklenburg resident, said he walks to the bus and can afford to live where he does because of the bus service and the money he saves. He explained how they improved their property because of using the bus. The money it saved them allowed for home improvements. He is asking the Legislature to reconsider. Tom Marano expressed how important the bus is to them. It is not easy being in their shoes. He wonders about other options. The Administrator said the County buildings are energy efficient, well eliminating the bus service adds cars to the road. Are there possible State or Federal Grants available to help subsidize the cost? Maybe the runs could be shortened, rather than eliminated. Administrator O’Hearn said yes on both counts. He stated that Joe Turcotte from TCAT is here tonight and could possible speak to the issue. Joe Turcotte stated that he had short notice on this change. They could certainly cut the service in half for $25,000. However two things would then happen. Buses will be crowed and basically it would run from Schuyler County to Ithaca. It cannot then pick up in Tompkins. He understands the concerns and TCAT is looking at solutions, but everything they came up with hit a wall. Karen Radenburg said she was present at the budget workshop meeting when the transportation was discussed and removed from the budget. One legislator motioned and another one seconded it and there was no discussion about it. I even spoke up and said they were cutting money from people. She does not understand why there are no cuts for Cornell Cooperative Extension. Her figures spread out for all of their budgets are about $329,000 with no measurables. She feels Cornell Cooperative Extension need measures. She looked at contractual services in the budget and looking at the presentation Mr. O’Hearn gave, she read off some figures and asked where the funds go. She talked about the Sheriff’s budget and Jail budget also. There are only 18,000 people in Schuyler County, do we really need this amount in the budget to protect them? She also questioned the expenses for mutual aid to Watkins Glen International (WGI). Mr. Michael Printup from WGI was present and explained that they pay for all expenses related to those events. Sue Brill spoke up in defense of Cooperative Extension stating that they provide training on health and nutrition and also provide education to Social Services clients. She gave some examples. Jim Mack, a TCAT bus rider said he heard Schuyler County participates in a State flyover look at the surrounding country side and that the Legislature wanted a higher resolution for a different increment cost of $41,000. Is that true? Administrator O’Hearn explained that the flyover project is a Council of Governments (COG) discussion only at this point. The Soil & Water Conservation District wanted the COG to consider an ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 134 enhanced resolution. This is only done once every seventy five years. The Legislature has not heard anything about this yet. Soil & Water, Montour Falls and Watkins Glen have all contributed a total of $63,000 and there is a $41,000 gap left. There has been no further action and there are no funds committed to this project in this 2011 tentative budget. Lois Brown from Bennettsburg said she appreciates the bus service. With parking fees at Cornell, it would cost riders $900.00 a year just to obtain a parking permit that does not guarantee a parking space. The Park and Ride service will not accommodate the extra cars. She feels her willingness to work qualifies the need for decent service. Donna Lodge from Burdett said the snow plows and snow removal is terrible out there in Burdett and asked if the plows are going to be out earlier to resolve the fact that several people will now need to take this route to work. She stated that with her working in Ithaca, her tax dollars will be spent in Tompkins County, not Schuyler County. The County is sharing services with Chemung County, so why not go back to a shared transportation service with Chemung County? Legislator Fagan spoke up and explained that the First Transit service from Chemung County was going to cost them twice as much and it is really not shared services. Tom Marano asked if it was safe to assume that other options are to be considered or has the decision been made. Is this final? O’Hearn said the decision is up to the Legislature. Legislator Barnes asked Legislator Fagan what the percentage increase in the tax levy would be if they included the $50,000 for transportation back into the budget. O’Hearn said it would go from 1.96% to approximately 2.4%. Susan Argetsinger said she has used the bus service for twenty six years. She feels this is short sided to let it go so quickly. She feels it is a good deal and a good service. Some have made some very good points here tonight. She asked if the Legislature would please adjust the revenues to make the transportation still available. The public hearing closed at 7:55 p.m. 8:00 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO NO. 5 OF THE YEAR 2010 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIRMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER UNDER PART A OPTION TO EXTEND THE ENROLLMENT PERIOD TO 90 DAYS. None. Public Hearing closed at 8:01 p.m. RESOLUTION NO. 316 Motion by Larison, Second by Yuhasz. RE: APPROVE THE MINUTES OF THE OCTOBER 12, 2010 REGULAR MEETING AND THE OCTOBER 27, 2010 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the October 12, 2010 Regular Meeting and the October 27, 2010 Special Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 317 Motion by Barnes, Second by Larison. RE: AUTHORIZE GRANT APPLICATION FOR WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT WHEREAS, the Department of State has offered counties money for the Local Enhanced Wireless 911 Grant Program, and the reimbursement for prior year costs incurred between April 1, 2010 and March 31, 2013 Schuyler County is in the amount of $9,927, and WHEREAS, the Emergency Management Office wishes to apply for said funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Local Enhanced Wireless E-911 Grant; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 318 Motion by Barnes, Second by Larison. RE: AUTHORIZE AGREEMENTS WITH TOWNSHIPS FOR DOG CONTROL SERVICES – SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office has contracts with each township in the county for dog control services, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 135 WHEREAS, due to changes in the New York State Agriculture and Markets Law concerning dog licensing and dog control, the townships have needed to make changes in their procedures for this purpose, therefore changing their contracts with the county, and WHEREAS, the current agreements expire December 31, 2010 and new agreements must be renewed and in place for the period of January 1, 2011 until December 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign Dog Control Agreements with each township for the period stated above, upon the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 319 Motion by Barnes, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENY TO JAIL BUDGET – SHERIFF’S OFFICE WHEREAS, there were significant unanticipated expenses involving overtime and part time personnel accounts for the jail, due to unanticipated staffing shortages due to non work related injuries, which have caused the 2010 Sheriff’s Office budget to be depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $25,000.00 from Contingency account no. 1990.500 to the following accounts below: AMOUNT ACCOUNT NO. DESCRIPTION +$15,000 3150.101 Overtime Personnel +$10,000 3150.102 Part-time Personnel Vote 7-0. RESOLUTION NO. 320 Motion by Larison, Second by Karius. RE: A RESOLUTION OF THE SCHUYLER COUNTY LEGISLATURE EXPRESSING OPPOSITION TO THE CHESAPEAKE BAY TOTAL MAXIMUM DAILY LOAD (TMDL) REGULATORY PROPOSAL BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) WHEREAS, clean water and healthy watersheds are a priority for New York farmers, which play a critical role in proven and successful local efforts to conserve and protect New York’s natural resources, and WHEREAS, the U.S. Environmental Protection Agency Region 3 is implementing a Chesapeake Bay TMDL which imposes new and costly federal regulations on approximately 19 counties, 650,000 residents and 2,000 New York family farms within the NY portion of the Chesapeake Bay watershed area, and WHEREAS, New York accounts for 10% of the total watershed area which is mostly forested is home to 4% of the total population in the watershed with agriculture (21%) being the dominant business sector, and WHEREAS, the federally-designed TMDL, intended to limit nitrogen, phosphorous and sediment discharges into the Chesapeake Bay watershed, is now projected to cost New York State as much as $250 million over the next 15 years, without being able to satisfy EPA’s regulatory goal, and WHEREAS, the best way to achieve the important public benefit of clean water at a regional level is through locally led conservation efforts, rather than a top-down federal, one-size-fits-all regulatory approach such as EPA’s TMDL for the Chesapeake Bay watershed, and WHEREAS, EPA’s proposed TMDL regulation imposes disproportionately heavier restrictions for water quality in New York in order to help other states meet their overall TMDL goal, ignores New York’s excellent record of environmental accomplishments over the past 25 years using state and local conservation efforts and forces unrealistic costs on the businesses, governments and residents within the watershed area, and WHEREAS, even if the other states achieve their EPA mandated allocations by 2025, their water would still contain higher nutrient loads per acre than New York’s current 2010 load per acre because of progressive natural resource management programs like New York State’s Agricultural Environmental Management Program, and WHEREAS, even with the elimination of animal agriculture and utilizing every best management practice available in the watershed area, New York would still not be able to meet EPA’s TMDL allocation, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 136 WHEREAS, the Schuyler County Legislature objects to EPA’s discriminatory regulatory process that disproportionately burdens our farm communities with costly mandates, weakens our rural economies, disrupts local food systems and provides no additional water quality protection for the Chesapeake Bay watershed, and WHEREAS, the Legislature opposes EPA increasing its federal regulatory control and usurping state and local jurisdiction and authority in order to impose their TMDL, instead of working collaboratively with State agriculture and environmental protection agencies, Soil and Water Conservation Districts and local communities to address Bay watershed water quality concerns, and WHEREAS, the Legislature objects to the fact that in order to satisfy EPA’s regulatory goals without confirmation of water quality improvement, EPA has not ensured realistic delivery of needed funding and technical assistance and has not provided regulatory flexibility to allow for implementation of continually improving on-farm practices in response to site-specific environmental variables, and WHEREAS, each and every day farmers across New York work to improve their environmental sustainability recognizing that appropriate natural resource management is critical to maintaining success of their businesses for future generations; supporting farmers in these endeavors is how government can best aid agriculture in protecting water quality, and WHEREAS, the Legislature supports state and locally driven collaborative initiatives which effectively use federal environmental funds and specifically address areas of high environmental risk and employ a farm- specific focus, such as NYS Department of Agriculture and Market’s Agricultural Environmental Management Program, and WHEREAS, the Legislature supports NYS Department of Environmental Conservation’s recommendations in their draft Phase I Watershed Implementation Plan which recognizes the environmental stewardship of New York farmers and inherent inequality of the current EPA proposal, and NOW, THEREFORE, BE IT RESOLVED, that while the Schuyler County Legislature fully supports responsible efforts to improve water quality in the Chesapeake Bay watershed and protect our State’s environment and natural resources, they object to the unfair and unattainable mandate the Chesapeake Bay TMDL forces upon our local governments, local communities and family farms, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges its Congressional and State representatives to intercede with EPA, and enact superseding legislation if required, to delay implementation of the Chesapeake Bay TMDL and request that EPA report to them on their response and adaptations regarding the aforementioned concerns, and BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to our two United States Senators, the Honorable Charles Schumer and the Honorable Kirsten Gillibrand; to our United States Congressional Office; to the Honorable Governor David Paterson; to our New York State Senator, the Honorable George H. Winner, Jr.; to our New York State Assembly Representative, the Honorable Thomas F. O’Mara; to the Commissioner of the NYS Department of Agriculture and Markets; to the Commissioner of the NYS Department of Environmental Conservation and to EPA Region 2 Administrator Judith Enck. Vote 7-0. RESOLUTION NO. 321 Motion by Larison, Second by Karius. RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY FOR 2011 WHEREAS, the New York State Matching Grants Program is designated to encourage tourism promotion throughout the regions of New York State, and WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce Department budget, and WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional Tourist Promotion Agency, and WHEREAS, the Watkins Glen Area Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and WHEREAS, the Watkins Glen Area Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 137 WHEREAS, the Watkins Glen Area Chamber of Commerce has requested to be designated as the County’s Tourism Agency for the 2011 State Program Year. NOW, THEREFORE, BE IT RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2011 State Program Year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said act, and BE IT FURTHER RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for 2011, and BE IT FURTHER RESOLVED, that said designation is subject to review of the Watkins Glen Area Chamber of Commerce’s Strategic Plan, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Watkins Glen Area Chamber of Commerce. Vote 7-0. RESOLUTION NO. 322 Motion by Larison, Second by Karius. RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR LEGAL SERVICES FOR OFFICE FOR THE AGING CLIENTS FOR 2011- OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging (OFA) has been directed by the New York State Office for the Aging to request proposals for legal services for OFA clients, and WHEREAS, legal services to OFA clients is authorized under Title IIIB of the Older Americans Act (OAA). NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Office for the Aging Director to solicit proposals for legal services for OFA clients as set forth under the Older Americans Act. Vote 7-0. RESOLUTION NO. 323 Motion by Karius, Second by Yuhasz. RE: RECOGNIZE DECEMBER 2010 AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH – HEALTH SERVICES WHEREAS, according to the Centers for Disease Control and Prevention, impaired driving will affect one in three Americans during their lifetimes, and WHEREAS, 41 percent of all traffic crashes are alcohol-related, and WHEREAS, nearly 600,000 Americans are injured in alcohol-related traffic crashes each year, and WHEREAS, someone dies in an alcohol-related traffic crash every 30 minutes and every 2 minutes someone is hurt (non-fatally injured) in an alcohol-related accident, and WHEREAS, three out of every 10 Americans face the possibility of being directly involved in an alcohol- related traffic crash during their lifetime, and WHEREAS, each year, alcohol-related crashes in the United States cost about $51 billion (Blincoe et al. 2002), and WHEREAS, most drinking and driving episodes go undetected, and WHEREAS, drugs other than alcohol have been identified as factors in 18 percent of motor vehicle driver deaths. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize December 2010 as National Drunk and Drugged Driving Prevention Month. Vote 7-0. RESOLUTION NO. 324 Motion by Karius, Second by Yuhasz. RE: ACCEPT AND ESTABLISH THE BIOTERRORISM/PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH WHEREAS, the Public Health Department has received a grant from Health Research Institute (HRI) Bioterrorism/Public Health Emergency Preparedness (PHEP) in the amount of $60,750.00, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 138 WHEREAS, the grant will be for the period August 10, 2010 through August 9, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the Bioterrorism/Public Health Emergency Preparedness grant, in cooperation with the Public Health Department. Vote 7-0. RESOLUTION NO. 325 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACTS FOR ADDITIONAL COMPENSATION PROGRAM FOR CERTIFIED HOME HEALTH AGENCY NURSES – PUBLIC HEALTH WHEREAS, the Certified Home Health Agency (CHHA) is in the process of having Request for Proposals done to sell the Agency, and WHEREAS, the current staffing of the Home Health Agency is exceedingly low, and WHEREAS, the Director of Community Services & Public Health has suggested offering an incentive program to encourage nursing staff to stay in the CHHA until such time as the responsibility for patient care changes to another provider, and WHEREAS, the proposed incentive program will consist of a contractual one-time bonus payment to each Home Health nurse in the amount of $2,000, if the responsibility for patient care changes to another provider before March 8, 2011, or a bonus payment in the amount of $5,000 if the responsibility for patient care changes to another provider after March 8, 2011, pro-rated for any part time nurses, and WHEREAS, said one-time payment is for this special circumstance and shall not set a precedent for any future negotiations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the proposed Incentive Program to each Home Health Nurse, funding available in the 2011 Public Health Budget Account No. 4010.100, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorize to sign contracts with each Home Health Nurse for the above Incentive Program with the above stated amounts at the time of the sale, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 326 Motion by Larison, Second by Barnes. RE: AUTHORIZE SUBMISSION OF OBJECTION TO NEW YORK STATE DEPARTMENT OF HEALTH, PUBLIC HEALTH FORUM, ON CERTAIN LANGUAGE INCLUDED IN THE PROPOSED ADDITION OF SECTION 505.28 TO PART 505 OF TITLE 18 WHEREAS, the Department of Health is proposing adding Section 505.28 to part 505 of Title 18 regarding the Consumer Directed Personal Assistance Program, publicized on September 29, 2010 with a comment period expiration of November 15, 2010, and WHEREAS, the Consumer Directed Personal Assistance Program is a Medicaid funded home care program administered and prior authorized by the local social services districts, and WHEREAS, the Consumer Directed Personal Assistance Program allows for personal care to be provided in the consumers home if the personal care services are medically necessary and is intended to permit chronically ill or physically disabled individuals receiving home care services under the medical assistance program greater flexibility and freedom of choice in obtaining such services as long as the health and safety of the consumer can reasonably be met through these services, and WHEREAS, the current social services assessment process includes determining the hours and level of care that can be provided by family members or other informal supports to lessen the amount of services that will be provided under the Medicaid funded Consumer Directed Personal Assistance Program, and WHREAS, the Consumer Directed Personal Assistance Program is currently operating under the Personal Care Services regulations at Section 505.14 of Title 18 which bar a consumer’s spouse, parent, son, son-in-law, daughter or daughter-in-law from providing Medicaid funded services to the consumer, and WHEREAS, the proposed addition of Section 505.28 includes the following language: “A consumer’s spouse, parent or designated representative may not be the consumer directed personal assistant for that ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 139 consumer; however, a consumer directed personal assistant may include any other adult relative of the consumer who does not reside with the consumer or any other adult relative who resides with the consumer because the amount of care the consumer requires makes such relative’s presence necessary,” and WHEREAS, this proposed language would allow the consumer’s children and children-in-laws to become consumer directed personal assistants and receive compensation from the Medicaid funded Consumer Directed Personal Assistance Program to care for their parent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to submit a copy of this Resolution to the New York State Department of Health, Public Health Forum, objecting to the addition of any language in the proposed addition of Section 505.28 to Part 505 of Title 18 that would allow any immediate family member of a consumer under the Consumer Directed personal Assistance program (regardless of whether or not they reside in the consumer’s home) to receive compensation under this Medicaid funded program. Vote 7-0. RESOLUTION NO. 327 Motion by Larison, Second by Barnes. RE: AUTHORIZE INTER MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE SCHUYLER COUNTY DIRECTOR OF WEIGHTS & MEASURERS A POSITION WHEREAS, New York State law has changed and now allows municipalities to share the Weights and Measures Director position, and WHEREAS, Chemung County is desirous of entering into an inter-municipal agreement for a Shared Director of Weights & Measurers A with Schuyler County, and WHEREAS, the agreement essentially retains the Weights and Measures Director as a Schuyler County employee, but shares said position with Chemung County for a payment by Chemung County in the amount of $45,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an Inter Municipal agreement with Chemung County for shared services of the Schuyler County Director of Weights & Measurers A position as set forth above, said agreement to run from January 1, 2011 through December 31, 2011, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 328 Motion by Larison, Second by Barnes. RE: SET SALARY WEIGHT & MEASURERS DIRECTOR A WHEREAS, the Legislature has authorized an inter-municipal agreement to share the services of our Weights and Measures Director, and WHEREAS, said sharing of services justifies an increase in compensation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby sets the salary for Clifford Boyce, Weights and Measures Director, at $48,000, effective January 1, 2011. Vote 7-0. RESOLUTION NO. 329 Motion by Fagan, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR NEW ROOF ON THE SENECA HARBOR PARK PIER BUILDING– BUILDINGS AND GROUNDS WHEREAS, the Seneca Harbor Park Pier Building is in need of a new roof, and WHEREAS, there are funds available in Buildings Maintenance account no. 1620.427. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $1,000 from Buildings Maintenance account no. 1620.427 to Seneca Harbor Park Maintenance account no. 7110.427. Vote 7-0. RESOLUTION NO. 330 Motion by Fagan, Second by Larison. RE: AUTHORIZE CONTRACT WITH FISHER ASSOCIATES FOR CONSTRUCTION INSPECTION SERVICES OF SOUTH GENESEE STREET BRIDGE PROJECT - HIGHWAY WHEREAS, Resolution No. 303-10, authorized the contract with Silverline Construction for the South Genesee Street Bridge Replacement, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 140 WHEREAS, Fisher Engineers has proposed Construction Inspection Engineering Services for the bridge replacement in the amount of $124,000, and WHEREAS, funding for the said project is in the 2010/2011 budget and fully reimbursed, 80% Federal, 15% State and 5% Town of Montour. NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the proposal price of $124,000 for engineering services from Fisher Engineers for the Construction Inspection of the South Genesee Street Bridge Replacement, and BE IT FURTHER RESOLVED, that the Chairman be authorized to sign the contract with Fisher Engineers, for the South Genesee Street Bridge Replacement at the price of $124,000, pending approval of the funding available in the 2011 budget account no.002.5020.400, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 331 Motion by Fagan, Second by Larison. RE: AUTHORIZE INTERMUNICIPAL AGREEMENT WITH CHEMUNG COUNTY FOR HEALTH, DENTAL AND VISION INSURANCE WHEREAS, Chemung County has offered Schuyler County the option of joining their Health Insurance Consortium, and WHEREAS, this change will result in significant premium savings, while still providing high quality benefits to the employees, and WHEREAS, the County Administrator and Human Resources Director have met with the union leadership and they are willing to cooperate with the County in making this transition, and WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that Schuyler County join Chemung County’s Health Insurance Consortium. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an Inter-Municipal Agreement with Chemung County for the provision of health, dental and vision insurance, for the term January 1, 2011 through December 31, 2011, there being no additional cost other than premium; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 332 Motion by Fagan, Second by Halpin. RE: AUTHORIZE AMENDMENT TO THE ADMINISTRATIVE MANUAL DEPARTMENT ADMINISTRATOR LEAVE POLICY WHEREAS, it is the recommendation of the County Administrator that the Department Administrator Leave Policy be amended to clarify the provision relative to Exempt Employee Discretionary Time. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the Schuyler County Administrative Manual, Policy 1.1, effective immediately, as follows: 1.1 Department Administrator Leave Policy County policy requires Department Administrators to provide the County Administrator’s Office with the necessary form outlining their request to take vacation, sick, personal days and Exempt Employee Discretionary Time (EEDT) (See EEDT below). This form should be completed in advance whenever possible. Sick leave days should also be reported in advance if possible or immediately upon return to work. See “Personnel Leave Form” in Forms Appendices-Available Electronically. EXEMPT EMPLOYEE DISCRETIONARY TIME (EEDT) The County is aware that it is the responsibility of Management/Confidential employees to perform the work necessary for the efficient operation of their departments, which at times requires extra hours of service. Management/Confidential employees are those non-union employees who are exempt from the overtime provisions of the Fair Labor Standards Act. EEDT will be granted to those employees who are required to work in excess of 40 hours per week for special projects or during weekends or any normally scheduled time off. In recognition of this fact, The County shall allow these exempt employees to exercise professional discretion in using EEDT in increments of no more than one full work day upon approval. This work day may be used in conjunction with other leave time such as vacation, personal or holiday, however, only one day of EEDT per ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 141 week shall be allowed used during any period of leave. EEDT taken in segments of less than 4 hours does not need to be reported to the County Administrator’s Office. Vote 7-0. RESOLUTION NO. 333 Motion by Fagan, Second by Halpin. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2010 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2011 WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6 of the year 2010 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 13, 2010 at 6:45 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2010 A Local Law Setting Salaries for Certain Public Officers for the Year 2011. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2011. 2. The following public officers are subject to the provisions hereof: Highway Superintendent $65,087 Deputy Highway Superintendent $52,517 Chief Asst. District Attorney $74,973 Deputy County Treasurer $38,588 Asst. District Attorney $49,597 Undersheriff $55,569 Comm. Of Social Services $72,822 Personnel Officer $47,807 County Attorney $60,793 Clerk of the Legislature $47,487 Asst. County Attorney $81,032 Deputy Clerk of the Legislature $39,174 Asst. County Attorney $73,452 Public Defender $83,018 Conf. Sec’y. to County Attorney $46,128 Asst. Public Defender $42,848 Real Property Tax Director $77,222 Deputy County Clerk $39,337 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. Vote 7-0. RESOLUTION NO. 334 Motion by Fagan, Second by Halpin. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, REPEALING AN EXEMPTION FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK Be it enacted by the Legislature of the County of Schuyler, as follows: SECTION 1. Paragraph (13) of subdivision of section six of Resolution No. 140, of November 27, 1967, as amended, is hereby REPEALED. SECTION 2. This resolution shall take effect March 1, 2011 and shall apply in accordance with applicable transitional provisions of the New York Tax Law Vote 7-0. RESOLUTION NO. 335 Motion by Fagan, Second by Halpin. RE: AUTHORIZE AN APPLICATION WITH THE LOCAL RECORDS MANAGEMENT IMPROVEMENT FUND FOR ASSEMBLY OF SHELVING UNITS – RECORDS MANAGEMENT – AS AMENDED WHEREAS, there are no funds available in the records management budget to re-assemble the shelving units acquired from St. Joseph’s hospital, and WHEREAS, said grant application requires no local share costs. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 142 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a grant application, and any and all documents relative to, with the State Education Department for Records Management for the Local Records Management Improvement Fund for the term June 1, 2011 – June 30, 2012, in an amount not to exceed $20,000, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 336 Motion by Fagan, Second by Halpin. RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 5 OF THE YEAR 2010 AMENDING LOCAL LAW NO. 2 OF THE YEAR 2010 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 105, LAWS OF 2010 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF SCHUYLER UNDER PART A OPTION TO EXTEND THE ENROLLMENT PERIOD TO 90 DAYS WHEREAS, Local Law Intro. No. 5/Local Law No. 5 of the Year 2010 amending Local Law No. 2 of the Year 2010 electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler under Part A Option to extend the enrollment period to 90 days was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 8, 2010 following the Public Hearing on the 2011 tentative budget, to be held at the Schuyler County Human Services Complex, in Room 120 at 323 Owego Street, Montour Falls, NY, and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5/Local Law No. 5 of the Year 2010, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 5/Local Law No. 5 of the Year 2010, together with the required text thereof in the official county newspaper. LOCAL LAW NO. 5 OF THE YEAR 2010 A Local Law amending Local Law No. 2 of the Year 2010 electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the County of Schuyler under Part A Option to extend the enrollment period to 90 days. BE IT ENACTED by the Schuyler County Legislature of the County of Schuyler that the open period, during which eligible employees may retire and receive the additional retirement benefits, shall be 90 days in length. This act shall take effect immediately upon filing with the State. Vote 7-0. RESOLUTION NO. 337 Motion by Fagan, Second by Halpin. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – YOUTH BUREAU BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$11,200 7310.2389 Other Home & Community Service Revenue -$8,255 7310.1289 Other Gen Govern. Dept Income Revenue -$8,255 7310.495 Youth Programs Expense Vote 7-0. RESOLUTION NO. 338 Motion by Larison, Second by Fagan. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$10,000 6010.552 TANF Services Plan Expense +$10,000 6010.435 Professional Fees and Services Expense Vote 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 143 RESOLUTION NO. 339 Motion by Larison, Second by Fagan. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY ATTORNEY BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$10,000 1420.1265 Attorney Fees Revenue +$10,000 1420.401 Contractual Overload Attorney for abuse and neglect (DSS) Vote 7-0. RESOLUTION NO. 340 Motion by Larison, Second by Fagan. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$874.00 1010.100 Personnel Services – Legislature Vote 7-0. RESOLUTION NO. 341 Motion by Larison, Second by Fagan. RE: ALTERATION OF 2011 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – COUNTY ADMINISTRATOR BE IT RESOLVED, that the Tentative Budget for 2011 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$1,020 1230.444 Car Operation & Expense +$1,020 1230.100 Personnel Services – County Administrator Vote 7-0. RESOLUTION NO. 342 Motion by Larison, Second by Fagan. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2011 WHEREAS, a notice was published in the official newspaper of the County of Schuyler that a Public Hearing on the Tentative Budget of the County of Schuyler for 2011 would be held at 6:30 P.M. on November 8, 2010, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and WHEREAS, the above-mentioned Public Hearing was held on November 8, 2010 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2011 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $9,860,513.00 by tax levy, be adopted. DISCUSSION: Legislator Halpin stated that she will be voting no on the Resolution to adopt the Budget. She wanted to thank everyone for attending tonight. She said it is always nice to see so many people at one of our meetings. The Legislature has worked hard on this budget. Revenues are down and there are a lot of things they do not have control over. However, she does not feel they should be raising the tax levy at all. This they do have control over. She thinks they should decrease spending and get the tax levy down to zero. She is also concerned about balancing the budget with a one-time half of a million dollar revenue from selling the CHHA. She said there are other reasons the TCAT service is coming out of the budget. She does understand the economics of this and this is never an easy decision. She feels the Legislature should spend more time having additional discussions to look at other options. She does not think they spent enough time looking for additional cuts. Legislator Fagan said this has been a very difficult year. Next year will not be any easier. He would like to thank Administrator O’Hearn and all of the Department Heads for their hard work. He would like to acknowledge the staff for their efforts with added workload with less also. The Legislature appreciates the fact of doing more with less. He discussed the performance over the past five years with the tax levy and the fund balance. He feels they have taken steps in the right direction. They do have the one time revenue with the sale of the CHHA to help balance the budget. They have had staff reduction in the order of about 10%. They are running very lean in our operations. In regards to the bus service, he wanted them to know that when he first became a Legislator seven years ago, he was told that this service did not cost the County anything. He was told that the revenue from the State and fares covered the cost. This was not the case. The local share ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 144 increased by 15-20 % up $30,000 then $50,000 with projections of $100,000 next year, with a ridership of sixty five to seventy riders per month on average. With figures they received now, there is an average of about thirty five to forty riders on a basis. They would be spending $50,000 local share on this. They do not spend money to get people to Corning or the Elmira direction for their jobs or travel. He cannot agree to spend this where tax payers dollars subsidies so few individuals. Vote 6-1. No: Halpin. RESOLUTION NO. 343 Motion by Larison, Second by Fagan. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2011" WHEREAS, the Schuyler County Legislature by Resolution No. 342-10, dated November 8, 2010, has adopted a budget for fiscal year 2011. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2011" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2011. Vote 7-0. RESOLUTION NO. 344 Motion by Larison, Second by Fagan. RE: 2011 BUDGET OF $43,391,247.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of the Laws of 1985, that this Legislature by December 31, 2010, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2010 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. Vote: 7-0. NEW BUSINESS: None. OLD BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Halpin said she is not on any standing committees, but would like to report on the Youth Board. Michelle Hide runs the Summer Recreation Program in Watkins Glen and she hopes there will be a bus stop there next summer for that program. Also, she sits on the Human Services Committee under the direction of the Southern Tier Central Regional Planning & Development Board. They are updating their regional plan. In doing so, along with other items, they see a need for jobs. The budget presentation the Administrator gave was a very rosy picture with all of the potential and the new business in the community. She recognizes this and is grateful for them, but she feels they still need jobs in community. The County has an Economic Development Agency that she feels needs to be creating jobs. Full-time year round, good paying jobs. They need to keep that in mind. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: Karen Radenburg said fifty people are not worth $50,000, but the County can spend thousands on child care. Chairman Gifford explained that child care is mandated by the state. The County has to provide these services. Lois Brown said she wonders about the actual numbers of riders. If there are two runs in the morning and night and the buses are full with people standing and not enough seats, what does that prove? She said the legislators have been voted in by the electorate. She asked them if they work for them or does the electorate work for them? Legislator Fagan said he is from the western part of the County and he has had half a dozen people come up to him and tell him that they are doing the right thing by cutting the TCAT service. There are always two sides to every coin. Lois said there are riders from Dundee and his side of the lake. Legislator Fagan feels they will find alternate means of transportation. Mark Rondenaro from Watkins Glen asked if the budget is avail on line. He feels getting it there sooner ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 145 would allow tax payers time to review it and have a list of questions available for tonight’s public hearing. Not all of them can attend day meetings. Chairman Gifford said the budget is worked on and discussed all year in committee meetings. The minutes of the Legislative meetings are available on line. The budget is on line once it becomes tentative. Mark asked if it could be made available earlier. They need the maximum amount of information available to the public. Chairman Gifford said he is all for transparency. However, the preliminary budget would not be worth anything to the public as it is a working document. He explained the issues that can keep the budget as preliminary and cannot be revealed to the public, such as negotiations. Legislator Halpin agreed and said the preliminary document can be seen by the public as long as no negotiations are in the process that would be detrimental to the County. She does not agree that the preliminary budget is not worth anything to the public. David Cray asked if the Administrator’s power point presentation is available on line. O’Hearn said he will put it there if possible or at least make it available upon request. The Meeting adjourned at 8:31 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk REGULAR MEETING DECEMBER 13, 2010 The December 13, 2010 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present. County Attorney James Coleman and County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: George Kellog was present to inform the Legislature about the Seneca Lake Scenic Byway status. See Resolution from the New York State Advisory Board along with a New York State map, on file in the Legislative Office. The Resolutions needs to pass at the House level yet. Legislator Larison thanked and congratulate all of the volunteers involved with this project for their hard work and efforts. 6:45 P.M. PUBLIC HEARING LOCAL LAW INTRO. NO. 6 OF THE YEAR 2010 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2011 None. RESOLUTION NO. 345 Motion by Karius, Second by Larison. RE: APPROVE THE MINUTES OF THE NOVEMBER 8, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 8, 20100 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 346 Motion by Larison, Second by Barnes. RE: AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT, LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF & LOCAL HEALTH DEPARTMENT PROGRAM – HEALTH DEPARTMENT WHEREAS, the New York State (NYS) Division of Homeland Security offered counties money for Homeland Security Preparedness, and WHEREAS, the Emergency Management Office wishes to apply for $44,143 under the State Homeland Security Program (SHSP), and WHEREAS, the Sheriff wishes to apply for $22,607 under the State Law Enforcement Terrorism Prevention Program (SLETPP), and WHEREAS, the Health Department wishes to apply for $14,250 under the State Local Health Department Program and WHEREAS, these funds are 100% with no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the State Homeland Security Program, State Law Enforcement Terrorism Prevention Program Grants & State Local Health Department Program; subject to the approval of the Schuyler ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 146 County Attorney. Vote 8-0. RESOLUTION NO. 347 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDING THE 2010 BUDGET FOR ADDITIONAL INDIGENT LEGAL SERVICES FUNDING – PUBLIC DEFENDER WHEREAS, the Schuyler County Public Defender’s Office is in receipt of extra funding from the Indigent Legal Services Fund, and WHEREAS, the funding is to be used to improve the quality of services provided pursuant to article eighteen-B of the County law to “supplement and not supplant” any local funds which Schuyler County would otherwise have had to expend for the provision of counsel and expert, investigative and other services pursuant to article eighteen-B of the county law. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2010 Public Defender’s budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $5,727.42 1170.3389 Other Public Safety Revenue + $5,727.42 1170.605 Assigned Counsel - Criminal Court Vote 8-0. RESOLUTION NO. 348 Motion by Larison, Second by Barnes. RE: RESOLUTION AUTHORIZING HOST JURISDICTION APPROVAL OF THE ISSUANCE OF REVENUE BONDS BY THE CENTRAL BRADFORD PROGRESS AUTHORITY AM) DECLARING THAT IT IS DESIRABLE FOR THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THIS HOST JURISDICTION FOR THE CENTRAL BRADFORD PROGRESS AUTHORITY TO FINANCE AND REFINANCE CERTAIN FACILITIES SERVING THE PEOPLE OF THIS HOST JURISDICTION WHEREAS, the Central Bradford Progress Authority (the “Authority”) has requested the assistance of this Host Jurisdiction in providing “host approval” under section 147(f) of the Internal Revenue Code, as amended (the “Code”) in connection with the issuance by the Authority of its revenue bonds in a principal amount not to exceed $300,000,000 (the “Bonds”) for the purpose of making a loan to Guthrie Health, a nonprofit corporation (the “Borrower”), to finance and refinance the costs of acquisition, construction, renovation, equipping, furnishing and installation of land, buildings, equipment, furnishings, fixtures, and software for the provision of clinical, hospital, inpatient, outpatient, diagnostic, treatment, ancillary, support and or other health care related services provided by members of the health care system headed by the Borrower at various locations, including locations in this Host Jurisdiction, and WHEREAS, section 147(f) of the Code requires the approval of the governing body or chief elected representative of each state or local government jurisdiction in which bond- financed facilities are located, following a public hearing by an authorized representative of the state or local government jurisdiction, and WHEREAS, in accordance with the above-mentioned requirement, a public hearing was held by or on behalf of this Host Jurisdiction respecting the proposed issuance of the Bonds to finance and refinance facilities that are located within this Host Jurisdiction, after notice of the hearing (the “Hearing Notice”) was published not less than 14 days prior to the hearing date in a newspaper of general circulation in this Host Jurisdiction. A copy of the Hearing Notice and proof of publication thereof is attached to and made a part of these resolutions as Exhibit A hereto. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The issuance of the Bonds to finance and refinance costs of facilities described in the Hearing Notice that are located in this Host Jurisdiction is hereby approved in accordance with section 147(f) of the Code. This approval does not impose any liability on this Host Jurisdiction or in any way involve this Host Jurisdiction in the issuance of the Bonds, nor shall the credit or taxing power of this Host Jurisdiction be pledged in any way for the issuance of the Bonds or the financing and refinancing of any projects with respect thereto. 2. It is hereby declared desirable for the health, safety and welfare of the people in this Host Jurisdiction to have the Authority issue the Bonds for the purpose of, among other things, financing and refinancing Costs of facilities located in this Host Jurisdiction. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 147 3. The proper officers, authorized representatives or designees of this Host Jurisdiction are hereby authorized, directed and empowered to execute and deliver a copy of these resolutions and such other documents or certifications as may be required of this Host Jurisdiction for the host approval Without limiting the generality of the foregoing authorization, this Host Jurisdiction is authorized and empowered to execute and deliver a Certificate of Approval in the form attached hereto as Exhibit B. 4. These resolutions shall be effective immediately upon adoption. All prior resolutions inconsistent herewith are hereby - rescinded to the extent of such inconsistency. Vote 8-0. RESOLUTION NO. 349 Motion by Halpin, Second by Field. RE: AUTHORIZE RENEWAL OF AGREEMENT WITH CATHOLIC CHARITIES TO PROVIDE CRISIS AND PREVENTION WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF SUPERVISION (PINS) DIVERSION PROGRAM -YOUTH BUREAU WHEREAS, there is a need for Crisis And Prevention (CAP) workers in the Families First program to administer the Persons in Need of Supervision (PINS) Diversion program, and WHEREAS, the Department of Social Services contracts with the Youth Bureau to oversee the PINS Diversion program and has funds available through the Flexible Fund for Family Services to pay for the agreement, and WHEREAS, the Youth Bureau contracted with Catholic Charities for the two CAP workers in 2010. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a renewal agreement with Catholic Charities at a cost not to exceed $110,000 for the term of January 1, 2011 through December 31, 2011, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 350 Motion by Halpin, Second by Field. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2011 AND RELATED CONTRACTS – YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Legislature has approved a Resource Allocation Plan for the year 2011 and recommends approval thereof. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2011 within budgeted allocations, subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension Catholic Charities of the Southern Tier Community Dispute Resolution Center Vote 8-0. RESOLUTION NO. 351 Motion by Halpin, Second by Field. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their County’s approved allocation plan, and WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature. Vote 8-0. RESOLUTION NO. 352 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWALS FOR 2011 WITH PROBATION, PUBLIC HEALTH, MENTAL HEALTH, OFFICE FOR THE AGING AND SOCIAL SERVICES FOR THE FAMILIES FIRST PROGRAM - YOUTH BUREAU ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 148 WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and WHEREAS, each of the following departments, Social Services, Mental Health, Public Health, and Probation have money in their respective budgets to support the Families First program for the year 2011. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into contract renewals with the following departments for the year 2011, subject to the approval of the Schuyler County Attorney: Department of Social Services Mental Health Public Health Probation Office for the Aging Vote 8-0. RESOLUTION NO. 353 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF A PUBLIC HEALTH NURSE POSITION AND ABOLISH A REGISTERED PROFESSIONAL NURSE POSITION – PUBLIC HEALTH WHEREAS, the Director of Community Services and Public Health has reviewed the nursing needs of the Certified Home Health Agency, and WHEREAS, the position of Public Health Nurse more appropriately covers the tasks required and the Personnel Officer concurs and recommends said title, and WHEREAS, the position of Registered Professional Nurse will be abolished to allow the recruitment of a Public Health Nurse, and WHEREAS, the Public Health Department is requesting to create this position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2010 budget. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services/Public Health is hereby authorized to create and fill the Public Health Nurse position at an hourly rate of $24.53 to be placed in Grade 13, as set forth in the Administrative Contract, effective immediately, and BE IT FURTHER RESOLVED, that a position of Registered Professional Nurse be abolished from this department. Vote 8-0. RESOLUTION NO. 354 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH MCBEE ASSOCIATES, INC. FOR MEDICARE REVENUE RECOVERY SERVICES – PUBLIC HEALTH WHEREAS, Schuyler County Public Health bills Medicare for Home Health care services, and WHEREAS, Schuyler County Public Health would like to ensure that full reimbursement is received for all claims, and WHEREAS, McBee Associates, Inc. provides Medicare Revenue Recovery services for Home Health Care Agencies, and WHEREAS, the fee for such services is based upon the amount recovered. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract with McBee Associates, Inc. for Medicare Revenue Recovery Services, at no local share cost, for the cases beginning January 1, 2010 through December 31, 2010, subject to the approval of the County Attorney. Vote 8-0. RESOLUTION NO. 355 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING THE 2010 BUDGET FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH WHEREAS, services required by the Early intervention program are running ahead of estimates, and WHEREAS, there is an increase in revenue, associated with these costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2010 Early Intervention budget, as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 149 AMOUNT ACCOUNT NO. DESCRIPTION +$30,000 4054.490 Contractual Expense +$30,000 4054.1621 Revenue Vote 8-0. RESOLUTION NO. 356 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING THE 2009 – 2010 BIOTERRORISM / PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH WHEREAS, the Public Health Department has received a grant from Health Research Institute (HRI) Bioterrorism / Public Health Emergency Preparedness (PHEP) in the amount of $87,688.00, and WHEREAS, the grant period was August 10, 2009 through August 9, 2010, and WHEREAS, HRI desires to amend the grant contract end date to August 30, 2010, and WHEREAS, this change is agreeable to Schuyler County Public Health. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to approve and sign this amendment extending the date of the grant period to August 30, 2010, subject to the approval of the County Attorney. Vote 8-0. RESOLUTION NO. 357 Motion by Larison, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services needs to transfer funds for Foster Care, Child Welfare, and NYS OCFS Institutions. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2010 budget as follows: Expenses 7,000 6070.396, Services for Recipients – Preventive +$15,000 6070.572, Services for Recipients - Protective +$70,000 6119.400, Foster Care + $4,300 6129.400, State Training Schools - $96,300 6123.400, Juvenile Delinquency Revenue + $ 9,000 6070.3670, State Aid – Purchase of Services + $15,000 6119.3619, State Aid –Foster Care + $20,000 6119.4619, Federal Aid –Foster Care - $44,000 6123.3623, State Aid – Juvenile Delinquency Vote 8-0. RESOLUTION NO. 358 Motion by Larison, Second by Field. RE: ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 254-10 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for HVAC Repair and Maintenance support. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept all bids received for HVAC Repair and Maintenance. CONTRACTOR Bouille Electric, Inc. Collins and Walton, Inc. Crosby-Brownlie, Inc HMI Mechanical Systems Kimble, Inc. Postler & Jaeckle, Corp, and BE IT FURTHER RESOLVED, that the costs are to be paid from the account no. 1620.490, and, ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 150 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contracts with the above, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 359 Motion by Larison, Second by Field. RE: AUTHORIZE THREE YEAR CONTRACT WITH ALL-MODE COMMUNICATIONS, INC. FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDING AND GROUNDS WHEREAS, it is important to protect the telephone system investment with appropriate service and maintenance, and All-Mode Communications, Inc. provides technical support, two-hour response for major systems malfunctions and quarterly preventive maintenance for Schuyler Counties telephone systems, and All- Mode Communications, Inc. has provided this service in the past, and WHEREAS, All-Mode Communications, Inc. has proposed to provide the Premium Economy Service and Support Plan for all Schuyler County telephone systems at a cost of $66,060 for three years as follows. 2010 2011 2012 2013 Premium Economy Service $24,430 $22,020 $22,020 $22,020 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with All-Mode Communications, Inc. to provide service and support for county telephone systems for the period of January 1, 2011 through December 31, 2013, at a total cost of $66,060, funding available in account no. 1610.400, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 360 Motion by Larison, Second by Field. RE: AUTHORIZE THREE YEAR CONTRACT RENEWAL WITH DAVIS-ULMER FOR QUARTERLY FIRE SPRINKLER INSPECTIONS AT THE COURTHOUSE COMPLEX AND HUMAN SERVICES COMPLEX – BUILDINGS & GROUNDS WHEREAS, New York State Division of Code Enforcement and Administration Fire Code requires quarterly inspections of fire sprinkler systems, and WHEREAS, Davis-Ulmer currently inspects the sprinkler system at the County Courthouse Complex and Humans Services Complex quarterly, and WHEREAS, Davis-Ulmer has agreed to enter into contracts for quarterly inspections at the Courthouse Complex and Human Services Complex for three years from January 1, 2011 to December 31, 2013, and WHEREAS, the increased cost of these services is as follows: LOCATION 2010 2011 2012 2013 County Courthouse Complex $ 740 $ 740 $ 755 $ 770 Human Services Complex $ 900 $ 912 $ 936 $ 960 YEARLY TOTAL $1,640 $1,652 $1,691 $1,730 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign contracts with Davis-Ulmer to provide quarterly fire sprinkler inspections for the County Courthouse Complex and Human Services Complex for the period of January 1, 2011 through December 31, 2013, at a total cost of $5,073, funding available in account no. 1620.400, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 361 Motion by Larison, Second by Field. RE: AUTHORIZE THREE YEAR CONTRACT WITH DAY AUTOMATION SYSTEMS, INC. FOR MAINTEANCE AND SUPPORT OF SECURITY ALARM SYSTEM – BUILDINGS & GROUNDS WHEREAS, the County Wide Access Control/Video Surveillance Multiple Site System is currently being used in four County Buildings, and WHEREAS, this system requires the services of a trained software engineer, licensed to own and use headend supervision and programming software and WHEREAS, Day Automation Systems, Inc. has agreed to provide a three year contract for these services, and WHEREAS, the cost of these services are as follows: 2010 2011 2012 2013 $5,565 $5,648 $5,648 $5,648 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 151 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Day Automation Systems, Inc. 7931 Rae Boulevard, Victor, NY 14564 for the term of January 1, 2011 to December 31, 2013 at a cost of $16,944, with funding available in Buildings and Grounds account no. 1620.400; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 362 Motion by Larison, Second by Field. RE: ACCEPT/REJECT QUOTES FOR THREE YEAR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, Quotes were received for Fire Alarm Testing and Maintenance for January 1, 2011 to December 31, 2013, and WHEREAS, said quotes were opened November 12, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the following low quote from, CPE Communications & Security, Inc. d/b/a: InterLink, 357 East 5th Street, Elmira, NY 14901, for the Fire Alarm Testing and Maintenance contract at the low quote of $13,200 for the term of January 1, 2011 to December 31, 2013, and that funding is available in Buildings and Grounds budget account no. 1620.400, and BE IT FURTHER RESOLVED, that the following quotes be rejected: Fire Alarm Service Technology $21,671.59 Simplex Grinnell $75,900.00, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with CPE Communications & Security, Inc. d/b/a: InterLink, 357 East 5th Street, Elmira, NY 14901, at a cost of $13,200 for three years, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 363 Motion by Larison, Second by Field. RE: ACCEPT/REJECT QUOTES FOR FIVE-YEAR CONTRACT FOR ELEVATOR REPAIR, MAINTENANCE AND TESTING – BUILDINGS AND GROUNDS WHEREAS, only one quote was received for Elevator Repair, Maintenance and Testing for January 1, 2011 through December 31, 2015, and WHEREAS, said quote was opened November 22, 2010 in the Buildings and Grounds Office, and WHEREAS, the Building Maintenance Supervisor recommends acceptance of this quote from Otis Elevator Company, 2 Townline Circle, Rochester, NY 14623. NOW, THEREFORE, BE IT RESOLVED, that the low quote of $23,400 for five years from Otis Elevator Company, 2 Townline Circle, Rochester, NY 14623 be accepted, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Otis Elevator Company, 2 Townline Circle, Rochester, NY 14623 for the term of January 1, 2011 to December 31, 2015 at a cost of $23,400, with funding available in Buildings and Grounds account no. 1620.400; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 364 Motion by Larison. Second by Field. RE: ACCEPT/REJECT QUOTES FOR THREE YEAR UPS AND GENERATOR TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, Quotes were received for UPS and Generator Testing and Maintenance for January 1, 2011 to December 31, 2013, and 2011 2012 2013 Courthouse Complex $1,100.00 $1,100.00 $1,100.00 District Attorney & Sheriff’s Office $ 850.00 $ 850.00 $ 850.00 Shared Services Building $ 950.00 $ 950.00 $ 950.00 Mill Creek Center $ 650.00 $ 650.00 $ 650.00 Human Services Complex $ 850.00 $ 850.00 $ 850.00 Yearly Total $4,400.00 $4,400.00 $4,400.00 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 152 WHEREAS, said quotes were opened November 19, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the following low quote from, Bouille Electric, Inc., 154 East 5th Street, Elmira, NY 14902, for the UPS and Generator Testing and Maintenance contract at the low quote of $21, 372, as set forth below, for the term of January 1, 2011 to December 31, 2013, and that funding is available in Buildings and Grounds budget account no. 1620.400, and BE IT FURTHER RESOLVED, that the following quote be rejected: Emergency Power System, LLC, 300 Mile Crossing Blvd., Rochester, NY 14624, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Bouille Electric, Inc., 154 East 5th Street, Elmira, NY 14902, at a cost of $21, 372 for three years, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 365 Motion by Larison, Second by Field. RE: ACCEPT/REJECT QUOTES FOR THREE YEAR ELEVATOR INSPECTION AND TESTING – BUILDINGS AND GROUNDS WHEREAS, quotes were received for Elevator Inspection and Testing for January 1, 2011 to December 31, 2013, and WHEREAS, said quotes were opened November 5, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the low quote from American Loss Prevention Services, Inc., 303 King Peterson Road, Buffalo, NY 14204, for the Elevator Inspection and Testing contract at the low quote of $1,488, as set forth below, for the three year term of January 1, 2011 to December 31, 2013, and that funding is available in Buildings and Grounds budget account no. 1620.400, and 2011 2012 2013 Annual Cost $496 $496 $496 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with American Loss Prevention Services, Inc., 303 King Peterson Road, Buffalo, NY 14204, at a total cost of $1,488 for three years, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 366 Motion by Larison, Second by Field. RE: AUTHORIZE THREE YEAR CONTRACT RENEWAL WITH SENTRY ALARMS/CPE COMMUNICATIONS, INC. – BUILDINGS & GROUNDS WHEREAS, Schuyler County’s Human Services Complex and Shared Services Complex require fire alarm monitoring, and WHEREAS, Sentry Alarms/CPE Communications, Inc has agreed to provide these services with no increase in cost for three years at a total cost of $1,800, as set forth below as follows: NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Sentry Alarms/CPE Communications, Inc., 40 Chenango Street, Binghamton, NY 2011 2012 2013 Generator Sheriff’s Department 012 $1,052 $1,096 Generator Shared Services Bldg 012 $1,052 $1,096 Generator Highway Department $ 1, 012 $1,052 $1,096 Generator Terry Hill $ 1, 012 $1,052 $1,096 Human Services Complex $ 1, 784 $1,856 $1,932 Yearly Total $6,844 $7,116 $7,412, 2010 2011 2012 2013 Human Services Complex $300 $300 $300 $300 Shared Services Complex $300 $300 $300 $300 Yearly Total $600 $600 $600 $600 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 153 13901, for the term of January 1, 2011 to December 31, 2013 at a total cost of $1,800, funding available in the Buildings and Grounds account no. 1620.400; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 367 Motion by Barnes, Second by Field. RE: AUTHORIZE TEMPORARY LEASE AGREEMENT WITH VILLAGE OF WATKINS GLEN - BUILDINGS AND GROUNDS WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and WHEREAS, the Village of Watkins Glen is seeking temporary office space to rent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a Temporary, Month-to-Month, Lease Agreement with the Village of Watkins Glen for use of Rooms No. 302, 302A, 303 and 304 at a cost of $625 per month at 105 Ninth Street, Watkins Glen, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 368 Motion by Barnes, Second by Field. RE: AUTHORIZE TEMPORARY CONTRACT WITH VILLAGE OF WATKINS GLEN FOR PHONE SERVICE – BUILDINGS AND GROUNDS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a temporary contract with the Village of Watkins Glen for telephone service in the Schuyler County Court House Complex at a cost to include a line charge to be determined per Resolution 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to approval of the County Attorney. Vote 8-0. RESOLUTION NO. 369 Motion by Barnes, Second by Field. RE: URGING THE STATE LEGISLATURE TO CLARIFY THE ENVIRONMENTAL CONSERVATION LAW TO EXPRESSLY AUTHORIZE MUNICIPALITIES TO PROTECT THEIR ROADS FROM DAMAGES AS A RESULT OF GAS DRILLING OPERATIONS – HIGHWAY DEPARTMENT WHEREAS, Section 23-0303 of the Environmental Conservation Law provides that the State Oil Gas and Solution Mining Law superseded all local laws relating to the regulation of oil and gas development except for local government jurisdiction over local roads and rights of local governments under Real Property Tax Law, and WHEREAS, the New York State Department of Environmental Conservation issued a draft generic environmental impact statement which advises local municipal governments to “be proactive in exercising their authority under New York State Highway Vehicle Traffic Laws” to ensure the appropriate “maintenance and improvement” of local roads (DSGEIS p 7-109), and WHEREAS, the draft GEIS provides that drilling companies “should attempt to obtain a road use agreement with the municipality” to ensure appropriate maintenance and improvement of local roads (p 7-110), and WHEREAS, it is clear from the draft GEIS that the DEC contemplates that local municipalities will govern the use of their roads through agreements with mining companies and regulation through State Highway and Vehicle Traffic Laws but neither the New York State Highway Law nor the State Vehicle and Traffic Laws provide such clear authority. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler requests that the New York State Legislature clarify Section 2303 of the Environmental Conservation Law to read as follows: “Provisions of this Article shall superseded all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under real property tax law. Local governments are authorized to establish reasonable rules and regulations to protect local roads from damage and require well operators to post reasonable bonds or other security to ensure that local roads are adequately maintained and improved to handle traffic associated with oil, gas and solution mining activities.” BE IT FURTHER RESOLVED, that the Clerk to the Legislature forward certified copies of this Resolution to Senator Elect, Honorable Thomas F. O’Mara and Elect, Honorable Christopher S. Friend. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 154 Vote 8-0. RESOLUTION NO. 370 Motion by Fagan, Second by Larison. RE: AUTHORIZE EMERGENCY REPLACEMENT OF BOILER UNIT IN DISTRICT ATTORNEY’S BUILDING – BUILDINGS AND GROUNDS WHEREAS, the boiler in the District Attorney’s building has failed and needs to be replaced, and WHEREAS, Collins and Walton has agreed to do the project on an emergency turn-key basis. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept Collins and Walton, Inc. proposal in the amount not to exceed $10,524, with the additional cost of removal of any asbestos which may be discovered during the cost of the project: 1. American Standard steam boiler replacement, labor and material, not to exceed: $8,760 2. Removal of 15 feet of asbestos material by Sunstream Corporation, per OSHA requirements: $1,764 3. Removal of any asbestos which may be discovered during the course of the project will be an additional cost. BE IT FURTHER RESOLVED, that funding is available in Buildings and Grounds Capital account 004.1620.209, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisors is authorized to enter into a purchase order agreement with Collins and Walton, Inc., P.O. Box 205, 1525 Lake Street, Elmira, NY 14902 in the amount not to exceed $10,524, with the additional cost of removal of any asbestos which may be discovered during the course of the project, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 371 Motion by Fagan, Second by Larison. RE: RESOLUTION AUTHORIZING THE CREATION OF A REGIONAL LOCAL DEVELOPMENT CORPORATION AND TO PROVIDE THE REQUIRED LOCAL SHARE FUNDING NEEDED TO SUPPORT THE ESTABLISHMENT OF A REGIONAL OPEN ACCESS FIBER OPTIC BACKBONE WHEREAS, the Southern Tier Central Regional Planning Development Board has developed a regional plan for a public open access telecommunications network that will enhance public safety, community, and business access to broadband optical fiber telecommunications service beyond that presently available to many parts of our county, and WHEREAS, this plan envisions creating open access points of presence at which private vendors could connect to the regional network at an affordable cost to provide the direct service to customers at a competitive price, and WHEREAS, the Southern Tier Central Regional Planning and Development Board, will receive funding from private and public sources to begin implementation of said plan and has engaged ECC Technologies to oversee and manage the startup and construction for this purpose, and WHEREAS, it is intended that as part of this public open access network development, service will be provided to support long term upgrades to individual county emergency services E-911 communication systems, support provided for future business development, and support advances in telemedicine throughout the counties of the Southern Tier Central Region, and WHEREAS, the Southern Tier Central Regional Planning and Development Board has agreed to serve as the lead agency to establish this Local Development Corporation and WHEREAS, Southern Tier Central Regional Planning and Development Board shall Secure sufficient funds that when matched with the Local Share will be sufficient to build and operate the Open Access Fiber Network. The local share is $188,370 which can be covered in part by in-kind services toward the Project as well as prepayment on contracts for fiberoptics capacity being made available to Public safety towers and 911 centers in each County. This will result in a reduction in any current telecommunications services being replaced by service associated with the Project; NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby commits that the County will support development of and participate in the oversight of the Project in such a manner as may be provided through a joint memorandum of understanding between the participating counties, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 155 BE IT FURTHER RESOLVED, that in the event Southern Tier Central should secure the necessary funding that the County shall contribute to the Local Development Corporation such local matching share as is required, through commitments of in-kind services to be provided to the Project, prepayment for direct telecommunications services to be provided by the Local Development Corporation under the Project to the County and its various Departments, and such other sources as the County may deem appropriate, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this action takes the place of Resolution No. 110-10 authorizing the Southern Tier Central (STC) and Southern Tier East (STE) Regional Planning and Development Boards development of a multi-county, multi-regional Open Access fiber based telecommunications and broadband grant application that was not successful. Vote 8-0. RESOLUTION NO. 372 Motion by Fagan, Second by Larison. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler County Highway Unit CSEA (“the Association”), and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2010 through 2014 was reached with respect to employees in the Association. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Highway Unit CSEA, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute the aforementioned agreement, upon ratification by the Association. Vote 8-0. RESOLUTION NO. 373 Motion by Fagan, Second by Halpin. RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ROAD PATROL ASSOCIATION WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler County Road Patrol Association (“the Association”), and WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2011 through 2015 was reached with respect to employees in the Association, and WHEREAS, the Association duly ratified the tentative agreement on November 17, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Road Patrol Association, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute the aforementioned agreement. Vote 8-0. RESOLUTION NO. 374 Motion by Fagan, Second by Halpin. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2010-2011 WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 of the Real Property Tax Law, a certified list of unpaid school taxes as of November 30th, which will be assessed and relevied, and WHEREAS, pursuant to Section 1330 of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified. NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2010-2011, as they appear on said certified list be, and the same hereby are, approved as of December 13, 2010, and the Real property named in said certification any items of unpaid taxes therein set forth. Vote 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 156 RESOLUTION NO. 375 Motion by Fagan, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO COMMUNITY COLLEGES- TREASURER’S OFFICE WHEREAS, the New York Education Law requires Counties to pay part of the tuition for County residents to attend a Community College, and WHEREAS, there has been an increase in the registration of Residents utilizing the Community Colleges, which has caused the Community College budget to become depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $10,000 from Contingency Account no. 1990.500 to Community College Account no. 2490.400. Vote 8-0. RESOLUTION NO. 376 Motion by Fagan, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO THE CORONER BUDGET WHEREAS, there has been an increase in Coroner expenses this year which has caused the Coroner’s budget to become depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $6,000 from Contingency Account no. 1990.500 to the Coroner’s Account no. 1185.400-Contractual. Vote 8-0. RESOLUTION NO. 377 Motion by Fagan, Second by Halpin. RE: AUTHORIZATION TO AMEND RESOLUTION NO. 335-10 – RECORDS MANAGEMENT WHEREAS, Resolution No. 335-10 authorized the Records Management Department to apply for a grant with the State Education Department and the Local Records Management Improvement Fund to re- assemble the shelving units acquired from St. Joseph’s Hospital in an amount not to exceed $15,000, and WHEREAS, additional construction costs will be incurred due to reconfiguration of said shelving units and additional flooring to be installed in an amount not to exceed $5,000. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 335-10 be amended to read in an amount not to exceed $20,000. Vote 8-0. RESOLUTION NO. 378 Motion by Fagan, Second by Halpin. RE: LOCAL LAW INTRO. NO. 6 THE YEAR 2010/LOCAL LAW NO. 1 OF THE YEAR 2011 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2011 WHEREAS, Local Law Intro. No. 6 of the Year 2010/Local Law No. 1 of the Year 2011 Setting Salaries for Certain Public Officers for the Year 2010 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 13, 2010 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6 of the Year 2010/Local Law No. 1 of the Year 2011, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 6 of the Year 2010/Local Law No. 1 of the Year 2011, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2010/LOCAL LAW NO. 1 OF THE YEAR 2011 A Local Law Setting Salaries for Certain Public Officers for the Year 2011. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2011. 2. The following public officers are subject to the provisions hereof: Highway Superintendent $65,087 Deputy Highway Superintendent $52,517 Chief Asst. District Attorney $74,973 Deputy County Treasurer $38,588 Asst. District Attorney $49,597 Undersheriff $55,569 Comm. Of Social Services $72,822 Personnel Officer $47,807 County Attorney $60,793 Clerk of the Legislature $47,487 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 157 Asst. County Attorney $81,032 Deputy Clerk of the Legislature $39,174 Asst. County Attorney $72,421 Public Defender $83,018 Conf. Sec’y. to County Attorney $46,128 Asst. Public Defender $42,848 Real Property Tax Director $77,222 Deputy County Clerk $39,337 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. Vote 8-0. RESOLUTION NO. 379 Motion by Fagan, Second by Halpin. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period April 1, 2010 through September 30, 2010, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit attached hereto. Vote 8-0. EXHIBIT MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES APRIL 1, 2010 THROUGH SEPTEMBER 30, 2010 TOWNS Amount Due VILLAGES Amount Due Catharine $4,738.91 Burdett $871.10 Cayuta $1,572.96 Montour Falls $2,803.23 Dix $16,047.14 Odessa $871.80 Hector $40,767.12 Watkins Glen $7,752.48 Montour $6,836.18 Orange $5,015.38 Reading $11,269.95 Tyrone $9,530.54 TOTALS $95,778.17 $12,298.62 APPROVED BY COMMITTEE: Dennis A. Fagan ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 158 Glenn R. Larison Michael A. Yuhasz Stewart F. Field RESOLUTION NO. 380 Motion by Fagan, Second by Halpin. RE: SET DATE - 2010 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2010 for the Schuyler County Legislature be held on Wednesday, December 29, 2010, in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote 8-0. RESOLUTION NO. 381 Motion by Fagan, Second by Halpin. RE: SET DATE - 2011 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2011 Organizational Meeting of the Schuyler County Legislature shall be held on Wednesday, January 5, 2011 in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote 8-0. RESOLUTION NO. 382 Motion by Fagan, Second by Halpin. RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2010, for the budget year of 2011, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on December 29, 2010 at 9:05 a.m. in the Legislative Chambers, 105 9th Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to Brenda Mori, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. Vote 8-0. RESOLUTION NO. 383 Motion by Fagan, Second by Halpin. Error! Bookmark not defined.RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2011 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County equalization rates pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2010 Assessment Roll be adopted and the 2010 County equalization rates to be used for the general levy and apportionment of the 2011 county tax levy from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 100.00 TOWN OF MONTOUR 100.00 TOWN OF CAYUTA 100.00 TOWN OF ORANGE 100.00 TOWN OF DIX 100.00 TOWN OF READING 100.00 TOWN OF HECTOR 100.00 TOWN OF TYRONE 100.00 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 159 Vote 8-0. RESOLUTION NO. 384 Motion by Fagan, Second by Halpin. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2011, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and water bills, and WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water bills be charged on the 2011 Town and County tax bills as shown in the Town of Reading Resolution No. 55. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading be added to the January, 2011, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 Vote 8-0. RESOLUTION NO. 385 Motion by Fagan, Second by Barnes. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2011, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2011 Town and County tax bill, per Town resolution No. 152, as a separate item for the amount of the arrears. NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be added to the January, 2011, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. Vote 8-0. RESOLUTION NO. 386 Motion by Fagan, Second by Barnes. RE: AUTHORIZE CONTRACT WITH MICHAEL WOLAK FOR PART TIME REAL PROPERTY RESEARCH SERVICES – REAL PROPERTY TAX WHEREAS, the County Real Property Tax Service is in need of a researcher to resolve tax map and other real property related issues on an as needed basis. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Michael Wolak for the Real Property Tax Service Agency for research services for the term January 1, 2011 through December 31, 2011, on an as needed basis at a rate of $20 per hour, not to exceed $14,000, funding available in the 2011 Real Property Tax budget account no. 1355.400, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 387 Motion by Fagan, Second by Barnes. RE: AUTHORIZE TEMPORARY AGREEMENT WITH VILLAGE OF WATKINS GLEN FOR ROAD RUNNER SERVICE – INFORMATION TECHNOLOGY WHEREAS, Village of Watkins Glen is in need of temporary Road Runner service at the Schuyler County Courthouse and is interested in integrating with the County’s Road Runner Internet service, and WHEREAS, the Road Runner service will be provided at cost of $30 a month, and WHEREAS, it is the recommendation of the Director of Information Technology that this agreement be allowed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a temporary agreement with Village of Watkins Glen for use of the County’s Road Runner Internet access; subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 388 Motion by Fagan, Second by Halpin. RE: ACKNOWLEDGE APPOINTMENT OF SCHUYLER COUNTY VOTING MACHINE TECHNICIAN/CUSTODIAN – BOARD OF ELECTIONS WHEREAS, Election Law Section 3-226 requires that Counties are responsible for obtaining and maintaining all election materials, equipment and appliances, including voting machines and that all expenses ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 160 connected with elections and matters preliminary relating thereto, including compensation, shall be a county charge, and WHEREAS, Election Law Section 3-302 provides for the Board of Election to appoint as many voting machine technicians/custodians as shall be necessary for the proper preparation and repair of voting machines. It has been determined by the Schuyler County Board of Elections that in order to properly prepare, test and repair the machines in accordance with Section 6210.2, Routine Maintenance and Testing of Voting Systems, it is necessary to have two Democrats and two Republican Technician/Custodians, and WHEREAS, the Schuyler County Board of Elections has appointed two Democrat Technician/Custodians and only one Republican Technician/Custodians, and WHEREAS, the Board of Elections anticipates an increased need for technical services to accommodate requests from Schuyler County Villages to manage or assist with their elections due to recent regulatory changes, and WHEREAS, the Board of Elections has set the rate of pay for said Technicians/Custodians at $20.00 per hour, with an additional stipend of $100 for the Chief Technician/Custodian, who is responsible for scheduling, organizing and overseeing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of Mark P. Taylor as Technician/Custodian at the rate of $20.00 per hour payable with the voucher for payment after the election services are provided, effective immediately for the remainder of the year 2010. Vote 8-0. RESOLTUION NO. 389 Motion by Fagan, Second by Halpin. RE: AUTHORIZE QUITCLAIM DEED WHEREAS, title to certain premises known as 131-133 Monroe Street, Village of Watkins Glen, is encumbered by a 1943 tax deed, and WHEREAS, the premises in question were conveyed by the County of Schuyler to one Margaret S. Biener in 1946, but the deed was never recorded, and WHEREAS this situation constitutes a purely artificial cloud on title and impedes the stream of commerce in real estate. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a Quitclaim Deed and allied documents to the current owner, Wayne Nyre, in such form as may be approved by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 390 Motion by Fagan, Second by Halpin. RE: APPOINTMENT TO THE MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) BOARD OF DIRECTORS TO FILL AN UNEXPIRED TERM - LEGISLATURE WHEREAS, Daryl Slusser has retired and relocated in the south, and WHEREAS, there now is a vacancy on the MEGA Board of Directors, and WHEREAS, Mark Taylor has expressed an interest in filling this unexpired term. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledges the appointment of Mark Taylor to the MEGA Board of Directors to fill the unexpired term from December 14, 2010 through March 31, 2011. Vote 8-0. RESOLUTION NO. 391 Motion by Fagan, Second by Halpin. RE: AUTHORIZE APPOINTING THE WATERSHED INSPECTOR AS THE CERTIFYING OFFICIAL AND AUTHORIZED SIGNATORY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) WHEREAS, Resolution No. 102-10 authorized the grant application, and WHEREAS, the CDBG requires a signatory for the State Environmental Quality Review (SEQR) as a certifying Official and signatory for all CDBG forms and correspondence except those specifically requiring the Chairman of the Legislature to sign them. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 161 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints the Watershed Inspector as the Certifying Official and Authorized Signatory for all forms and environmental reviews including the State Environmental Quality Review (SEQR) and the National Environmental Protection Act, and BE IT FURTHER RESOLVED, after certifying the SEQR and NEPA reviews, the Watershed Inspector may request a release of funds from the Office of community renewal. Vote 8-0. RESOLUTION NO. 392 Motion by Fagan, Second by Halpin. RE: AUTHORIZE APPOINTING CONTACTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BE IT RESOLVED, the Schuyler County Legislature herby appoints Tim Hicks, Watershed Inspector as the local grant contact for the CDBG program, and Patrick Morris, Morris Associates, 341 Central Avenue, Salamanca, NY 14779 as the grant administration contact. Vote 8-0. NEW BUSINESS: The Clerk to the Legislature informed the Legislators that they need to approve of the Election Commissioners two-year appointments. Appointment of Elections Commissioners by Respective Party Legislators. All eight Republican Legislators were in favor of re-appointing Joseph Fazzary as the Republican Board of Elections Commissioner and John Vona as the Democratic Board of Elections Commissioner for the term January 1, 2011 through December 31, 2012. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATORS REPORT: Nothing to report. PUBLIC PARTICIPATION: None. The Meeting adjourned at 6:50 P.M. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk YEAR END MEETING DECEMBER 29, 2010 The December 29, 2010 Year End Meeting was called to order by Acting Chairman Karius at 9:00 a.m. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Chairman Gifford who was excused. County Attorney James Coleman and County Administrator Timothy O’Hearn were also present. PUBLIC PARTICIPATION: None. 9:05 A.M.: PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE YEAR 2010 FOR THE BEDUGET YEAR OF 2011 FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT No public present for comment. RESOLUTION NO. 393 Motion by Larison, Second by Halpin. RE: APPROVE THE MINUTES OF THE DECEMBER 13, 2010 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 13, 2010 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLTUION NO. 394 Motion by Fagan, Second by Field. RE: DEDICATION OF 2010 PROCEEDINGS WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County Legislature to employees who retire from county service or elected officials who leave office, as recognition for their dedication and service. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 162 NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the County of Schuyler for the year 2010" contain a tribute to Sue Lynd (deceased, Senior Clerk-County Clerk/DMV), Diane Schmidt (Staff Social Worker-Community Services), Dorothy Regensburg (Secretary II- Social Services), Sandra Rhodes (Staff Development Coordinator-Social Services), David Lisk (Building Maintenance Supervisor-Buildings and Grounds), Geraldine Arenal-Koch (Account Clerk Keyboard Specialist- Community Services), Bonnie Mowry (Principal Social Welfare Examiner-Social Services), Debra Perkins (Meal Deliverer-Office for the Aging), Suzanne Fingler (Senior Registered Professional Nurse-Community Services), Onalee Stamp (Caseworker-Social Services), James Barrett (Heavy Equipment Operator-Highway), Sally Neumire (Motor Vehicle Bureau Supervisor-County Clerk/DMV), Vicki Kosthorst (Senior Caseworker- Social Services), Jill Wicker (Secretary I-Social Services), Michael Wolak (Real Property Technician-Real Property), Charles Bleiler (Heavy Equipment Operator-Highway), subject to any other retirements effective by December 31, 2010. Vote 7-0. RESOLUTION NO. 395 Motion by Fagan, Second by Field. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2010 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK Pursuant to Sections 270 and 271 of the County Law of the State of New York. WHEREAS, the assessment roll for the year 2010 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York for the budget year 2011 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the Legislative Chambers, 105 9th Street, Watkins Glen, NY on December 29, 2010 at 9:05 a.m. to hear and consider any objections pertaining to said assessment roll, and WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has been filed in the Office of the Clerk of the Legislature, and WHEREAS, the aforesaid Public Hearing was duly held on the 29th day of December, 2010, and any persons appearing in regard to the said assessment roll having been heard. NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2010 for the Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax Service Agency, and BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Director of Real Property Tax Service Agency, the County Treasurer and the Clerk of the Steuben County Legislature. Vote 7-0. RESOLUTION NO. 396 Motion by Fagan, Second by Field. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2011 Pursuant to Article 5-D of the County Law of the State of New York. BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes’ District Commission of the several amounts of taxes due January 2011, levied upon the various parcels of land in the said Lakes’ Protection and Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 163 Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with said report, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director of Real Property Tax Service Agency, the Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the Steuben County Legislature. Vote 7-0. RESOLUTION NO. 397 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT WHEREAS, it is vital to have service available 24 hours a day, in the event of a failure, and WHEREAS, Mid-State Communications has agreed to provide this service for $658.50 per month, and WHEREAS, 911 consoles and radio infrastructure repair, labor and semi-annual preventive maintenance will be covered under this agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Mid-State Communications for the Emergency Management Department for 911 Console Maintenance for the total amount of $7,902.00, for the term January 1, 2011 to December 31, 2011, funding available in the 2010 Emergency Management budget account no. 3689.435, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 398 Motion by Barnes, Second by Halpin. RE: AUTHORIZE ONGOING AGREEMENT AND DESIGNATE THE HUMANE SOCIETY OF SCHUYLER COUNTY AS THE LOCAL PROGRAM TO ADMINISTER POPULATION CONTROL FUNDS IN REGARDS TO CATS AND DOGS WITHIN SCHUYLER COUNTY – SHERIFF’S OFFICE WHEREAS, the State of New York has changed the regulations for Dog Control, and WHEREAS, due to changes in the New York State Agriculture and Markets Law concerning population control fees , Schuyler County has the authority to appoint a local organization to provide these population control services, such as spaying and neutering of cats and dogs, and WHEREAS, the Humane Society of Schuyler County currently provides these services to the residents of Schuyler County, and WHEREAS, fees collected from dog licensing include $3.00 for unaltered dogs, and $1.00 for altered dogs to fund a population control program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby designates the Humane Society of Schuyler County as the local organization to administer a population control plan program, and the Chairman of the Schuyler County Legislature is authorized to sign an ongoing agreement with the Humane Society of Schuyler County, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 399 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENT OF THE RADIO COMMUNICATION SYSTEM – SHERIFF’S OFFICE WHEREAS, it is vital to have service available 24 hours a day, in the event of a failure, and WHEREAS, Mid-State Communications has agreed to provide this service for $570.50 per month, and WHEREAS, radio infrastructure, and mobile units repair, labor and semi-annual preventive maintenance will be covered under this agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Mid-State Communications for the Sheriff’s Office Maintenance for the total amount of $6,846.00, for the term January 1, 2011 to December 31, 2011, funds available in the 2011 Sheriff’s budget account no. 3110.453, subject to approval of the Schuyler County Attorney. Vote 7-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 164 RESOLUTION NO. 400 Motion by Karius, Second by Larison. RE: AUTHORIZE USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU WHEREAS, the Youth Bureau oversees the Family Play and Resource Center program, and WHEREAS, there is a need in Schuyler County for supervised visitations in an appropriate place for children and parents, and WHEREAS, Catholic Charities of Schuyler County is looking to fill this need through an agreement with the YWCA of Chemung County, but requires a place to hold the visitations, and WHEREAS, the Family Play and Resource Center is not open for use on Mondays and could be utilized for this purpose, and WHEREAS, this would be on a trial basis for six months beginning January 1, 2011 until June 30, 2011 at no cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned contract with Catholic Charities for the use of the Family Play & Resource Center for supervised visitation; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 401 Motion by Karius, Second by Larison. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA) FUNDING– OFFICE FOR THE AGING AND FAMILIES FIRST/NY CONNECTS WHEREAS, the 2010 Patient Protection and Affordable Care Act authorized the Administration on Aging (AoA) and Centers for Medicare and Medicaid Services (CMS) to release funding to states to expand and enhance Aging and Disability Resource Centers (NY Connects) by providing MIPPA outreach activities, and WHEREAS, Section 119 of the MIPPA law provides for beneficiary outreach which includes funding for Area Agency on Aging designees along with other entities to reach Medicare beneficiaries likely to be eligible for the Medicare Part D Low-Income Subsidy (LIS) Program or Medicare Savings Program (MSP), and WHEREAS, the Schuyler County Office for the Aging has been allocated the sum of $13,419 to provide outreach and application assistance for MIPPA in collaboration with the NY Connects program, and WHEREAS, Office for the Aging and Families First have agreed to collaborate to provide MIPPA outreach activities through the Health Insurance Information Counseling and Assistance Program (HIICAP) within OFA. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging to implement the MIPPA program under the existing HIICAP program effective immediately through September 29, 2011, said agreement subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 402 Motion by Karius, Second by Larison. RE: AUTHORIZATION TO ENTER INTO AGREEMENT WITH FAMILIES FIRST/NY CONNECTS FOR THE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT PROGRAM - OFFICE FOR THE AGING WHEREAS, the Office for the Aging has been awarded funding under the 2010 Affordable Care Act for MIPPA funding for the purpose of outreach to potentially eligible individuals for the Medicare Part D Low- Income Subsidy (LIS) or Medicare Savings Program (MSP), and WHEREAS, this grant funding is to specifically enhance the NY Connects program to streamline and coordinate access for help, and WHEREAS, as a component of the MIPPA and NY Connects programs, counties will be required to provide information to Medicare beneficiaries on Medicare preventive services and wellness programs, and WHEREAS, counties will be required to report out all activities utilizing these specified MIPPA funds through the NY Connects program, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 165 WHEREAS, the Schuyler County Office for the Aging has experience with the MIPPA process so are best suited to provide information and assistance. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature authorize an agreement between Families First/NY Connects and the Office for the Aging for the period of September 30, 2010 through September 29, 2011 for MIPPA services funded in the amount of $13,419 subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 403 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH SIBLEY’S NURSING PERSONNEL SERVICES, INC. – PUBLIC HEALTH WHEREAS, the Schuyler County Health Department is in need of home health and personal care aides, as well as nursing hours, and WHEREAS, Sibley’s Nursing Personnel Service Inc. is willing to contract with the Health Department to make available these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Sibley’s Nursing Personnel Service, Inc. for the Health Department for listed services for the term January 1, 2011 through December 31, 2011, funding available in the 2011 Public Health budget account no. 4010.0490; subject to approval of the Schuyler County Attorney. RN $49.25 per hour LPN $36.75 per hour HHA $19.50 per hour PCA $19.00 per hour Vote 7-0. RESOLUTION NO. 404 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY SHERIFF’S DEPARTMENT – SOCIAL SERVICES WHEREAS, the Department of Social Services is required to provide 24 hour coverage for those citizens who may require assistance with housing (homelessness), food, no-heat situations or other emergencies, and WHEREAS, the Department previously contracted with the American Red Cross in Elmira via their Schuyline telephone number to assist those in need after normal business hours, and WHEREAS, there have been fewer than 30 calls annually in the last two years for after-hours assistance, and WHEREAS, the Schuyler County Sheriff has agreed to provide after-hours information and referral services to those who call for assistance, using the Sheriff’s Department Dispatchers, and WHEREAS, the cost of the contract will be $8,000, of which approximately 70% is reimbursed with federal and state funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Sheriff’s Department for the Department of Social Services for after-hours information and referral services for the term January 1, 2011 through December 31, 2011 in the amount of $8,000, funding available in the 2011 Department of Social Services budget, account no. 6010.590; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 405 Motion by Larison, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers in order to balance out the 2010 accounts, to wit: Department To From 1010.631 $101,952.80 1165.100 $422.79 1165.101 $229.60 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 166 1165.400 $2,191.95 1165.407 $427.32 1165.416 $1,112.24 1170.200 $473.62 1170.400 $75.75 1170.407 $458.44 1170.409 $20.49 1170.439 $16.67 1170.563 $5,280.65 1170.603 $10,063.00 1185.400 $5,993.20 1185.409 $890.00 1185.430 $421.50 1185.431 $200.00 1230.410 $37.49 1230.439 $37.49 1325.100 $1,190.05 1325.431 $4.31 1325.433 $5.21 1325.435 $24,309.55 1325.439 $150.64 1325.459 $1,350.21 1355.101 $25.29 1355.400 $17,471.37 1355.433 $7.90 1362.400 $1,465.53 1410.100 $15,195.61 1410.434 $2.40 1410.439 $2.40 1420.207 $830.78 1420.431 $52.00 1420.443 $882.78 1450.100 $1,262.10 1450.101 $77.94 1450.200 $43,400.00 1450.400 $10,043.48 1450.402 $1,187.57 1450.409 $1,016.13 1450.433 $110.50 1450.435 $753.16 1620.100 $21,940.44 1620.101 $444.49 1620.400 $1,878.01 1620.410 $16.69 1620.439 $409.00 1620.442 $30,551.46 1620.446 $26,246.37 1620.490 $2,409.12 1622.100 $16,604.29 1622.427 $3.36 1622.444 $3.36 1640.400 $20.00 1640.457 $20.00 1680.100 $659.53 1680.200 $11,013.40 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 167 1680.335 $659.53 1990.500 $191,807.49 2490.400 $7,300.37 2960.400 $42,954.39 2960.440 $23,058.30 3110.100 $20,838.02 3110.204 $27,851.91 3110.309 $55.53 3110.317 $90,638.04 3110.439 $55.53 3150.100 $52,060.55 3150.101 $8,632.69 3150.102 $11,326.39 3150.200 $2,764.89 3150.400 $2,045.94 3150.401 $2,320.42 3150.410 $961.12 3150.411 $1,545.63 3150.418 $1,402.00 3150.429 $1,803.64 3150.431 $654.34 3150.433 $1,014.80 3150.434 $44.66 3150.439 $1,342.43 3150.441 $747.03 3150.442 $7,398.97 3150.445 $1,500.00 3150.449 $179.65 3150.454 $2,686.02 3150.456 $11,932.00 3150.457 $663.47 3150.459 $2,016.11 3150.501 $1,500.00 3150.539 $185.10 3315.101 $599.19 3315.542 $599.19 3412.403 $33.00 3412.409 $600.00 3412.431 $100.00 3412.435 $733.00 3510.100 $1,025.74 3510.101 $1,025.74 3689.101 $18.05 3689.328 $120.71 3689.407 $693.40 3689.458 $554.64 4010.100 $62,854.91 4010.101 $13,775.39 4010.204 $15,168.75 4010.328 $109.57 4010.439 $1,257.10 4010.470 $26.69 4010.490 $64,881.70 4042.380 $500.00 4042.429 $788.49 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 168 4042.546 $288.49 4050.100 $1,589.83 4050.444 $1,589.83 4054.490 $15,686.00 4310.100 $24,267.68 4310.385 $2,543.22 4310.435 $82,888.00 4310.534 $2,543.22 4322.327 $299.59 4322.550 $299.59 5630.400 $94,619.32 6010.100 $28,693.84 6010.115 $11,800.00 6010.435 $122,305.30 6010.484 $48,888.34 6010.592 $241.49 6055.400 $89,932.98 6070.396 $17,187.73 6070.572 $5,128.41 6101.400 $14,889.01 6109.400 $146,705.09 6110.400 $428,414.00 6119.400 $29,157.58 6123.400 $168,270.16 6129.400 $4,260.79 6140.400 $7,404.26 6141.400 $13,516.68 6410.436 $29,670.35 6510.100 $192.77 6510.426 $192.77 6610.100 $28,000.01 6610.200 $89.13 6610.409 $15.00 6610.410 $50.00 6610.426 $20.00 6610.431 $54.84 6610.435 $0.75 6610.438 $211.39 6610.439 $46.99 6610.442 $82.03 6610.444 $200.00 6610.446 $243.84 6610.487 $420.39 6610.603 $889.00 6772.100 $28,477.65 6772.101 $1,406.82 6772.328 $0.71 6772.401 $6,403.44 6772.433 $34.73 6772.438 $495.46 6772.439 $33.85 6772.440 $461.94 6772.444 $1,449.57 6772.457 $1,374.89 7110.427 $41.07 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2010 169 7110.449 $41.07 7310.100 $5,581.41 7310.101 $807.62 7310.308 $6,389.03 7510.100 $0.59 7510.400 $0.59 9040.803 $25,187.96 9730.600 $1,700,000.00 9730.700 $37,974.22 $2,145,342.98 $2,145,342.98 , and BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund balance as determined by the Schuyler County Treasurer. Vote 7-0. RESOLUTION NO. 406 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH INTERNATIONAL MOTOR RACING RESEARCH CENTER – RECORDS MANAGEMENT WHEREAS, the International Motor Racing Research Center has a need for storage space for its records, and WHEREAS, the Shared Document Facility has space to accommodate said records and the Records Management Director recommends accepting said records. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with The International Motor Racing Research Center for the Records Management Department for storage use, at a rate of $3.50 per cubic foot box, with a $500 minimum charge, for the term January 1, 2011 through December 31, 2011, subject to the approval of the Schuyler County Attorney. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:07 a.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk ---PAGE BREAK--- ALL FUNDS TOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $40,902,199 INTERFUND TRANSFERS $2,489,048 TOTAL APPROPRIATIONS $43,391,247 LESS: ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $29,541,686 INTERFUND TRANSFERS $2,489,048 APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $750,000 TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS $32,780,734 ALL FUNDS General Fund 750,000 County Road 0 Machinery 0 Stop DWI Reserve 0 REAL ESTATE LEVY REVENUE $9,860,513 SUMMARY OF BUDGET 2011 ---PAGE BREAK--- Summary of Budget ALL FUNDS TOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $40,342,906 INTERFUND TRANSFERS $4,830,994 TOTAL APPROPRIATIONS $45,173,900 LESS: ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $29,165,071 INTERFUND TRANSFERS $4,830,994 APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $750,000 TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS $34,746,065 ALL FUNDS General Fund 750,000 County Road 0 Machinery 0 Stop DWI Reserve 0 REAL ESTATE LEVY REVENUE $9,677,835 SUMMARY OF BUDGET 2010 ---PAGE BREAK--- INDEX A Abolish Full Time Lead Cleaner, 18 Senior Clerk Position, 21 Adoption Revised Fee Home Health Services, 30 Revised Fee Scale Public Health, 48 Salary Schedule, 2 Ag District Acceptance 2009 Annual Enrollment, 81 Establishing Lead Agency, District 3, 47 Inclusion of Parcel District 2, 68 Modification District 3, 102 Neg Declaration Environmental Impact Modification District 2, 68 Parcel Addition District 2 Neg SEQR, 68 Public Hearing District 3, 80 Public Hearing, Annual Enrollment, 65 Re Authorize 2009 Annual Enrollment, 69 SEQR Annual Enrollment for 2010, 46 Agreement/Contract/Proposal 5311 Transit Operating Assistance, 74 Additional Bus, 113 Additional Compensation, Nurses, 141 AES Greenidge, 128 All Mode Communications, Inc, 153 Alternatives to Incarceration Modification, 122 Alternatives to Incarceration Plan, Probation, 5 Behavioral Interventions, Inc, 79 Beverly Morley, 63 BidNet, 111 Black Creek Integrated Systems, 14 Blue Wing Professional Consulting, 13 Burlington Laboratories, 122 C.P. Ward. Inc., 19 Catholic Charities, Family Play & Resource Center, 97, 167 Catholic Charities, PINS Diversion, 150 Chemung County Health Insurance, 143 Chemung County Weights & Measures Shared Services, 142 Clean Harbors, 96 Community Garden Lease Amendment, 50 Concord Change Order, 31 Corning Community College, Nursing Education Facility, 82 Correction Officers Benevolent Assoc., 46 Vollmer, 124 Dan F. Bizzell, 23 Davis Ulmer, 153 Day Automation Systems, Inc, 154 Dog Control Services, 137 EBS Benefits Solutions, Actuarial Services, 100 EBS-RMSCO, Self Funded Vision Plan, 100 Eleanor Liebson, 49 Families First Program, 151 Families First/NY Connects, Medicare Improvements, 168 Fazzi Associates, Inc, 70 Fisher Associates, Genesee Bridge Replacement, 7 Fisher Associates, Inspection Services South Genesee Bridge, 143 Ford Motor Credit Company, 14, 46 Georgianna Price, 6 Great Expectations, 125 Harmony Information Systems, 16, 72 Hazardous Material Response, 67 HEAP Program, Social Services, 126 Highway Lease Agreement, 20 HSBC Bank USA, NA, 52 Humane Society, Administer Population Control Funds, 167 Hunt & Fisher, Engineering Services, 100 Insurance Contracts, Health Services, 105 International Motor Racing Research Center, 173 James P. Elkins, 75 Julie Kinsman, 70 Kinney Management Services, Community Services, 125 Kinney Management Services, Public Health, 125 KVS Information Systems, Amendment, 131 L-1 Idenity Solutions, 23 Lindsy Hyer, 130 McBee Associates, 151 Medtox Laboratories, 123 Mental Health Clinic, Public Health, 60 Michael Wolak, 163 Mid-State Communications, 25, 26, 167 MIPPA Funding, OFA, 97 Monterey Fire Dept., 6 NACCHO, Public Health, 71 Nancy Dash, 130 Nancy Fuhr Bonn, 59 New York State Office for the Aging, Medicare Improvements, 168 New York State Parks Amendment, 62 NTS Data Services Addendum, 87 NYS Office of Children & Family Services, 16 Office for the Aging - HEAP, 17 Police Reports.us, 122 ProAct, Inc, 88 Public Health Emergency Planning, Health Services, 60 Rachael Boruchowitz, 104 Rachael Boruchowitz, Amendment, 131 Regional Computer Recycling, 97 RMSCO Addendum, 38 Road Runner Service, Village Watkins Glen Police, 163 Ronald Liso, 70 Sandra Teeter, 114 Schuyler ARC, Public Transportation, 74 Schuyler County Volunteer Ambulance, Lease Extension, 46 Schuyler Hospital, 129 Sentry Alarms/CPE Communications, 156 Sheriff's Department, Social Services, 169 Sibley's Nursing Personnel Services, Inc., 169 Silverline Construction Extension, 32 Soil & Water Conservation District, 51 Stafkings Personnel Amendment, 125 State University of New York, 129 Temporary Village Watkins Glen Police Phone Service, 156 Tourist Promotion Agency, 139 Unifirst Corporation, 127 Venesky & Company, Home Care Consulting, 113 Village Watkins Glen Lease Amendment, 19, 20 Village Watkins Glen Police Temp Lease Agreement, 156 Village Watkins Glen, Police Vehicles, 32 Watershed Lease Amendment, 19 Water-Wise, Inc, 61 ---PAGE BREAK--- INDEX Watkins Glen Area Chamber of Commerce, 40 Watkins Glen Central School, Therapy Services, 59 Watkins Glen International Youth Employment, 29 Weights & Measures Lease Agreement, 20 Youth Bureau, Social Services Summer Youth Employment, 82 Appointment Assistant Deputy County Clerk, 112 Chairman, 1 Chief Coroner, 2 Community Home Care Professional Advisory Committee, 59 Community Services Board, 15 County Administrator, 57, 63 County Coroner, 90 County Historian, 2 Deputy Highway Superintendent, 3 Elected Officials, 2 Election Inspectors, 114 Environmental Management Council, 23 Fill Unexpired Legislative Term, 78 Finger Lakes Resource & Conservation, 39 Finger Lakes Tourism Alliance, 15 Health Insurance Review Committee, 88 Highway Superintendent, 3 Historical Society Board of Trustees, 63 MEGA, 164 Mental Health Subcomittee, 15 Office for the Aging Advisory Council, 49 People with Developmental Disabilities, 108 Planning Commission, 81 Southern Tier Central Regional Planning & Development Board, 64 Special Committee, 7, 9, 10, 11, 87 Voting Machine Technician/Custodian, 3, 163 Youth Board, 29, 123 Appropriate Amounts 2011 Budget, 147 Approval/Authorization/Amendment 2009 Cost Allocation Plan, Social Services, 126 2010 Seasonal Rate, Marina, 17 2011 Annual Implementation Plan, Office for the Aging, 124 Advance Payment TPA, 96 Assessor Salary, 64 Collective Bargaining Unit, Highway, 158 Collective Bargaining Unit, Road Patrol, 159 Contacts Community Development Block Grant, 165 Conveyance Yacht Club Property, 22 Decreasing Hours, Assessor, 11 Decreasing Hours, Senior Registered Nurse, 61 Early Retiree Reinsurance Program, 86 Emergency Replacement Boiler Unit, 157 Family Foster Care & Adoption Subsidy Rates, 99 Federal Aid and State Marchiselli Program, 83 Insurance Standards, 21, 41 Management/Confidential Salary Plan, 111, 128 Mobil Work Crew Supervisor Grade Level, 100 Mortgage Tax Distribution, 160 Participation Other County’s Bids, 109 Payment County Wide Registration Drive, 65 Payment GID Data Warehouse Project, 112 Payment, Chandra Russell, 107 Probation Policy & Procedural Manual, 54 Regional Open Access Fiber Optic Backbone, 157 RFP Dental Insurance, 140 Seneca Harbor Park SEQR, 62 Senior Registered Professional Nurse Increase Hours, 126 STOP DWI Plan, 107 TANF Summer Youth Employment, 83 Temporary Increase Hours, Public Health Nurse, 126 Town of Hector, Insurance Reimbursement, 131 Watershed Inspector, Authorized Signatory, 164 Youth Bureau Resource Allocation Plan, 150 B Bid Accept/Reject Asphalt Emulsions, 33 Cold Mix Stock Pile, 34 Crushed Stone, 34 Elevator Inspection and Testing, 155 Elevator Repair Maintenance and Testing, 155 Fire Alarm Testing, 154 Galvanized Pipe, 36 Guiderail, 36 Hot Mix Asphalt Concrete, 52 Ice Control Sand, 37 Repair/Maintenance HVAC Units, 153 Replacement Windows Pier Building, 50 South Genesee Street Bridge, 131 Structural Maintenance, Highway, 127 Transportation Preschool Children with Disabilities, 71 UPS and Generator Testing and Maintenance, 155 Used Steel Pipe, 38 Bid Advertisement Catharine Valley Trail Development, 83 Genesee Street Bridge, 32 Highway Material Bids 2010, 7 HVAC Repairs & Maintenanace, 109 Structural Maintenance, Highway, 109 Transportation Children with Disabilities, 30 Window Replacement Pier, 41 Bid Extension Bank Run Gravel, 36 New & Used Steel Plate, 35 Ready Mix Concrete, 37 Sign Posts, 35 Tires, 35 Tree & Stump Removal, 37 Budget Adoption, 146 Set Public Hearing Date, 128 Budget Alteration Central Garage, 134 Contingency, 135 County Administrator, 146 County Attorney, 146 County Road Highway, 134 Highway Machinery, 134 Installment Bonds, 135 Legislature, 146 Social Services, 146 Budget Amendment 2010 HIICAP Funds, 16 County Administrator, 33 Public Defender, 149 ---PAGE BREAK--- INDEX Public Health, Early Intervention, 152 C Continuity Local Government, 1 D Dedication Proceedings, 165 Delegate Authority Real Property Tax Director, Corrections, 3 Youth Bureau, Sign Amendments, 151 Designation Depositories, 1 Legal Newspaper, 1 F Filling Position Board of Elections, 76 Deputy Election Commissioner Trainee, 65 Full Time Cleaner, 18 Full Time Senior Motor Vehicle Clerk, 21 Public Health Nurse, 151 Staff & Workforce Development Coordinator, 31 Temp. Building & Grounds Maintenance Supervisor, 62 Fund Transfer Contingency Jail Budget, 138 Contingency, Coroner, 159 Contingency, Past Insurance Claims, 112 Sale of Timber, Hector, 63 Seneca Harbor Park Pier Roof, 142 Shared Public Works Facility, 74 Sheriff, Rifles, 114 Social Services, 152 Various Departments Year End, 169 G Grant Acceptance Bioterrorism Public Health Emergency Preparedness, 140 Children with Special Health Care Needs, 81 Early Intervention, 132 Federal Railroad Association, 112 Partnership for Youth, 123 Grant Amendment 2010 Bioterrorism Public Health Emergency Preparedness, 152 Records Management, 160 Grant Application 2010 -2011 NYS Aid to Prosecution, District Attorney, 67 2010 Byrne Jag Recovery, Sheriff, 58 2010 Governors Traffic Safety Child Safety Seat Program, Sheriff, 67 2010 New York Street Grant, 33 2010/2011 Violence Against Woman, 14 Community Development Block, 40 Companion Animal Shelter, Emergency Management, 90 Emergency Management Terrorism Prevention, 148 Farm and Ranch Land Protection, 21 Hazardous Material, Emergency Management, 56 Records Management Improvement Funds, 145 Safe Havens Supervised Visitation, 31 Triangle Fund, Youth Bureau, 47 United Way for Family Play & Resource Center, 15 Waste Reduction & Recycling Project, 69 Wireless E-911 Services, 137 Grant Establishment 2010 LEAD, Public Health, 60 2010-2011 Immunization, Public Health, 59 H Humane Society Shelter, 106 J Jurisdiction Approval Issuance Revenue Bonds, 149 L Lamoka/Waneta Lakes Completion and Filing Rehabilitation District, 166 Directing the Levy, 166 Public Hearing Completion and Filing District, 162 Local Law Amending Early Retirement Incentive, 145 Amending Local Law 2 of 2010, 133 Early Retirement, Option A, 103 Early Retirment, Option B, 103 Mass Gathering Repeal & Replace, 90 Public Entertainment Outdoor Regulation, 115 Rescind Sex Offender Law, 15 Retirement Incentive, 85 Setting Salaries Public Officials, 144 M Medicaid Supporting Temporary Extension, 73 Mortgage Tax Distribution, 75 Multi County Fiber Initiative, 43 N Nominations Chairman, 1 NYS Legislation Amending County Law Section 215, 27 Finance Auto Racing, 42 Leandra's Law, 57 Protect Roads from Damage Due to Gas Drilling, 156 Seneca Harbor Park Easement, 54 Unfunded Mandates & Property Tax Cap, 101 Verification Medicaid Requirements, 53 O Opposition Amending Public Officers Law, 64 Anti Firearms Legislation, 58 Chesapeake Bay Total Maximum Daily Load, 138 IDA Tax Imposed, 26 ---PAGE BREAK--- INDEX NYS Dept. of Health Public Health Forum, 141 September 2011 Terrorist Trial, 28 P Park & Historic Park Closure, 44 Peoples Convention to Reform New York, 101 Policy Adoption/Change/Amendment Administrative Leave Policy, 143 Arson Control Plan, 79 Fixed Asset Policy, 84 Highway Material Bid Advertisement, 110 Purchasing Policy & Procedure, 2 Purchasing Policy & Procedures, 111 Q Quit Claim Property, 41, 164 R Repealing Clothing Tax, 144 Rescind, 39 Rules of Procedure Conform, 2 S Set Date 2010 Organizational Meeting, 162 Year End Meeting, 161 Set Salary Weights & Measurers Director A, 142 Sewer & Water Bills Town of Hector, 163 Town of Reading, 162 Shared Public Works Facility, 74 Soil & Water Natural Gas Exploration, 5 Special Meeting Ratification, 78, 133 Standard Work Day, 86 Surplus/Junk Equipment Multiple Departments, 22, 84, 109, 110 Various Departments, 52 T Tabled/Failed, 6, 26, 80 Tax 2011 Equalization Rates, 162 Auction, Treasurer, 129 Tax Roll Correction, 12, 132 Town Contribution, 147 Unpaid School, 159 W Wine/Liquor Revitilization Act, 42