Document Schuylercountyny_doc_66a931ef57

PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2006 MEMBERS OF THE LEGISLATURE DISTRICT SHARON S. BINGELL DENNIS A. FAGAN DISTRICT THOMAS M. GIFFORD MICHAEL A. YUHASZ DARYL L. SLUSSER DISTRICT DORIS L. KARIUS DELMAR F. BLEILER GLENN R. LARISON OFFICERS THOMAS M. GIFFORD STACY B. HUSTED DEPUTY SHARLENE A. PARKER COUNTY JAMES P. COLEMAN ---PAGE BREAK--- PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2006 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 2005, pursuant to Section 211 of the County Law. THOMAS M. GIFFORD Chairman, Schuyler County Legislature STACY B. HUSTED Clerk, Schuyler County Legislature ---PAGE BREAK--- ---PAGE BREAK--- DEDICATIONS 2005 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Janet S. Meaney Janet was hired in May of 1996 as a Staff Social Workre. Janet wad promoted to a Senior Staff Social Worker in June of 1999. Janet was also promoted to a couple other positions during her employment with us. Such as, Clinician and as our Acting Director of Community Services until this position was filled on a permanent basis. Francis retired in June of 2006. James D. Howell, Jr. James (Jim)was hired in February of 1975 as our Wateshed Inspector. Jim remained with the Watershed throughout his employment with us. Jim retired in March of 2006. Judith A. Croft Judity (Judy) was hired in November of 1994 as our Service Aide for the Office for the Aging. Judy remained with the Office for the Aging though out her employment with us. Judy retired in November of 2006. Francis A. Gingrich, Jr. Francis was hired in May of 1994 as a Medicaid Supervisor/Managed Care Coordinator for our Social Services Department. Francis remained with the Social Services Department throughout his employment with us. Francis retired in December of 2006. ---PAGE BREAK--- TABLE OF CONTENTS Resolutions – 2006 (Numerical, By REGULAR AND SPECIAL MEETINGS: Organizational Meeting January Regular Meeting January Regular Meeting February Regular Meeting March Special Meeting Regular Meeting April . Special Meeting Regular Meeting May Regular Meeting June Regular Meeting July Special Meeting Regular Meeting August Special Meeting Regular Meeting September Regular Meeting Special Meeting Regular Meeting Regular Meeting Year End Meeting December Annual Budget Summary of 2007, County of Schuyler………..……………………191 Annual Budget Summary of 2006, County of Schuyler Mortgage Tax Distribution: October 1, 2005 through March 31, 2006 April 1, 2006 through September 30, 2006 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I RESOLUTIONS BY NUMBER – 2006 ORGANIZATIONAL MEETING JANUARY 3, 2006 1. CLOSE NOMINATIONS - 2006 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE 2. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2006 3. "CONTINUITY OF LOCAL GOVERNMENT" FOR 2006 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 2006 8. APPOINTMENT – COUNTY HISTORIAN 9. SCHEDULE OF SALARIES FOR 2006 10. APPOINTMENT - COUNTY AUDITOR FOR 2006 AND 2007 11. APPOINTMENT – DEPUTY COUNTY CLERK – 2006-2009 REULAR MEETING JANUARY 9, 2006 12. APPROVE MINUTES OF THE DECEMBER 28, 2005 YEAR END MEETING AND THE JANUARY 3, 2006 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 13. AUTHORIZE CONTRACT WITH DENISE ROSS, DVM FOR VETERINARY SERVICES FOR 2006 - PUBLIC HEALTH 14. AUTHORIZE CONTRACT WITH SUE COLLINS, DVM FOR VETERINARY SERVICES FOR 2006 - PUBLIC HEALTH 15. AUTHORIZE CONTRACT WITH HEATHER L. MURLEY, DVM FOR VETERINARY SERVICES FOR 2006 - PUBLIC HEALTH 16. AUTHORIZE AGREEMENT WITH COMMUNITY HEALTH & HOME CARE FOR PERSONAL NURSING SERVICES – SOCIAL SERVICES 17. MOTION TO TABLE RESOLUTION NO. 17 18. AUTHORIZE ADVERTISEMENT AND/OR PURCHASE OF EQUIPMENT/VEHICLES - HIGHWAY DEPARTMENT 19. RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT 20. AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2006 ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 21. AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH HUNT ENGINEERS FOR THE DESIGN OF STILLWELL ROAD BRIDGE REPLACEMENT – HIGHWAY 22. AUTHORIZE AGREEMENT WITH COURT APPOINTED SPECIAL ADVOCATE (CASA) FOR 2006 23. 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 24. ONE-YEAR APPOINTMENTS 25. TWO-YEAR APPOINTMENTS 26. THREE-YEAR APPOINTMENTS 27. FOUR-YEAR APPOINTMENTS 28. ONE TO FOUR YEAR APPOINTMENTS 29. TWO-YEAR APPOINTMENTS 30. MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR 31. ESTABLISH A CAPITAL IMPROVEMENT RESERVE ACCOUNT 32. AMEND THE ADOPTED 2006 SALARY SCHEDULE 33. AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE FOR MILEAGE TO BE PAID TO ALL VOLUNTEERS PROVIDING TRANSPORTATION ON BEHALF OF COUNTY DEPARTMENTS 34. APPROVE MINUTES OF THE JANUARY 9, REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 35. RECOGNIZE MARCH 2006 AS NATIONAL COLORECTAL CANCER AWARENESS MONTH – PUBLIC HEALTH 36. AUTHORIZE CONTRACT RENEWAL WITH STAFKINGS FOR HOME HEALTH SERVICES – PUBLIC HEALTH 37. APPOINTMENTS – COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH 38. AUTHORIZE AGREEMENT WITH CHASE BANK FOR THE COMMERCIAL CARD PROGRAM – TREASURER’S OFFICE 39. AUTHORIZE 2006 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS 40. AUTHORIZE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST POSITION/ABOLISH ACCOUNT CLERK TYPIST POSITION – BUILDINGS AND GROUNDS 41. AUTHORIZE CONTRACT RENEWAL WITH COTT SYSTEMS FOR INDEXING SERVICES FOR THE YEARS 2006–2009 - COUNTY CLERK 42. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING THAT NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM WASTE ENERGY SYSTEM ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 43. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO CONVEY LANDS TO THE STATE IN RETURN OF LAND FOR RADIO TOWER PLACEMENT 44. AUTHORIZE CREATION AND FILLING OF A PART-TIME COOK POSITION IN THE JAIL – SHERIFF’S DEPARTMENT 45. AUTHORIZATION TO APPLY FOR 2006 BYRNE ANTI-DRUG FUNDS – SHERIFF’S DEPARTMENT 46. AUTHORIZE CHAIRMAN TO SIGN THE AQUATIC INVASIVE SPECIES ERADICATION GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT (SCHUYLER COUNTY) FOR LAMOKA LAKE 47. AUTHORIZE CHAIRMAN TO SIGN THE AQUATIC INVASIVE SPECIES ERADICATION GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT (SCHUYLER COUNTY) FOR WANETA LAKE 48. AUTHORIZE APPLICATION FOR 2005-2006 SECTION 5311 ANNUAL OPERATING ASSISTANCE 49. SUPPLEMENTAL AGREEMENT FOR THE CONSTRUCTION INSPECTION AND ROW OF CR-06 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 50. AUTHORIZE CONTRACT RENEWAL WITH DIANE HABECK – HEALTH SERVICES 51. ONE-YEAR APPOINTMENTS 52. TWO-YEAR APPOINTMENTS 53. THREE-YEAR APPOINTMENTS 54. AUTHORIZE APPOINTMENT TO THE DISTRICT MANAGEMENT ASSOCIATION 55. AUTHORIZE APPOINTMENT TO MENTAL HEALTH SUBCOMMITTEE AND MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES COMMITTEE 56. AUTHORIZE AMENDMENT OF RESOLUTION NO. 94-04 FOR THE APPOINTMENT TO THE INFORMATION ADVISORY COMMITTEE 57. ACCEPT/REJECT BIDS FOR THE PURCHASE OF TWO NEW 16' STAINLESS STEEL MATERIAL/SALT SPREADERS – HIGHWAY DEPARTMENT 58. ACCEPT/REJECT BIDS FOR ONE EXCAVATOR – HIGHWAY DEPARTMENT 59. DECLARE EQUIPMENT SURPLUS AND SELL TO TOWN OF READING – HIGHWAY DEPARTMENT 60. AUTHORIZE CONTRACT WITH NATIONAL EMPLOYERS COUNCIL, INC. FOR UNEMPLOYMENT COST CONTROL SERVICES – HUMAN RESOURCES 61. AMEND RESOLUTION NO. 28-06 TITLED “ONE TO FOUR YEAR APPOINTMENTS” 62A. MOTION TO AMEND RESOLUTION NO. ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 62. APPOINTMENT – HEALTH INSURANCE REVIEW COMMITTEE – AS AMENDED 63. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 64. APPROVING A PARTIAL RELEASE OF MORTGAGE FOR PROPERTY CONVEYED BY SCHUYLER REDEVELOPMENT, LLC TO CHICONE BUILDERS, LLC 65. AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR CONTINUED ENGINEERING SERVICES – BUILDINGS AND GROUNDS 66. ACCEPT RESIGNATION AND AUTHORIZE SEPARATION AGREEMENT 67. APPROVE MINUTES OF THE FEBRUARY 13, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 68. APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD 69. AUTHORIZE ADDITIONAL COMPENSATION FOR DEPUTY OFFICE FOR THE AGING DIRECTOR 70. RESOLUTION TO ACCEPT $226,468 IN SETTLEMENT OF MEDICAID OVERPAYMENTS FROM NEW YORK STATE 71. RECOGNIZE MARCH 2006 AS NATIONAL PROFESSIONAL SOCIAL WORK MONTH - COMMUNITY SERVICES 72. AMEND 2005 – 2006 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT BUDGET – PUBLIC HEALTH 73. AUTHORIZE ADOPTION OF A REVISED FEE SCHEDULE FOR HOME HEALTH SERVICES – PUBLIC HEALTH 74. ESTABLISH 2006-2007 IMMUNIZATION GRANT – PUBLIC HEALTH 75. ESTABLISH 2006-2007 LEAD GRANT – PUBLIC HEALTH – AS AMENDED BY RES. NO. 76-07 76. AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AMEND 2006 COUNTY BUDGET - COMMUNITY SERVICES 77. AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2006 BUDGET - COMMUNITY SERVICES 78. AUTHORIZE CREATION AND FILLING OF A BOOKKEEPER POSITION – TREASURER’S OFFICE 79. AUTHORIZE BIDDING FOR 457 DEFERRED COMPENSATION MODEL PLAN AND CREATION OF DEFERRED COMPENSATION COMMITTEE 80. ADOPT POLICY ESTABLISHING AN ORIENTATION/EXIT PROCESS FOR INDEPENDENT CONTRACTS, VOLUNTEERS OR INTERNS 81. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE DEPUTY SHERIFF’S ASSOCIATION 82. AMEND TRAVEL POLICY RELATIVE TO VOLUNTEER TRAINING AND REIMBURSEMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 83. AUTHORIZE LEASE AGREEMENT WITH CHICONE BUILDERS, INC. FOR PARKING LOT USE – BUILDINGS AND GROUNDS 84. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE ELECTRIC AND GAS (NYSEG) FOR THE PURCHASE OF TWO ADDITIONAL STREET LIGHTS FOR A NEW ROAD IN THE TOWN OF DIX – HIGHWAY DEPARTMENT 85. ACCEPT/REJECT BIDS FOR STEEL BELTED RADIAL TIRES – HIGHWAY DEPARTMENT 86. ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT 87. ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT/* 88. ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL BLOCKS – HIGHWAY DEPARTMENT 89. ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS – HIGHWAY DEPARTMENT 90. ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL – HIGHWAY DEPARTMENT 91. ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT 92. ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT 93. ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT 94. ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT 95. ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL 96. ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS 97. AUTHORIZE APPLICATION FOR SENATE INITIATIVE GRANT FOR PURCHASING EQUIPMENT AND AMEND THE 2006 MACHINERY BUDGET – HIGHWAY DEPARTMENT 98. AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN ANY AND ALL DOCUMENTS RELATIVE TO PROPERTY ACQUISITION ASSOCIATED WITH THE COUNTY ROUTE 06 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT 99. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2006 PROVIDING THAT NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM WASTE ENERGY SYSTEM 100. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2006 PROVIDING THAT NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR JURISDICTION WITH ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM WASTE ENERGY SYSTEM 101. AMEND RESOLUTION NO. 268-05 TITLED – AUTHORIZE AGREEMENTS WITH ONTARIO AND CHEMUNG COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT 102. AUTHORIZE CONTRACT WITH THE TOWN OF HECTOR FOR COURT SECURITY SERVICES – SHERIFF’S DEPARTMENT 103. AMEND THE 2006 BUDGET – EMERGENCY MANAGEMENT 104. RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN ENACTING A BILL TO PROVIDE FOR AN INCOME TAX EXEMPTION FOR EMERGENCY SERVICE VOLUNTEERS 105. AUTHORIZE APPLICATION WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE 2006-2007 OPERATION IMPACT GRANT - DISTRICT ATTORNEY 106. RESOLUTION DESIGNATING THE AG AND FARMLAND PROTECTION BOARD AS THE LEAD AGENT FOR THE 2006 AG DISTRICT ANNUAL ENROLLMENT AND ASSOCIATED SEQR 107. RESOLUTION PROVIDING A LOCAL MATCH TO THE SCHUYLER COUNTY AGRICULTURE AND FARMLAND PROTECTION BOARD FOR A NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS GRANT 108. AUTHORIZE AGREEMENT WITH ANN CLARKE FOR CONSULTANT SERVICES FOR A SCHUYLER COUNTY TRANSPORTATION STUDY 109. AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT 110. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION (CSEA) HIGHWAY UNIT 111. APPOINTMENTS – ENVIRONMENTAL MANAGEMENT COUNCIL 112. RESOLUTION IN SUPPORT OF PRESERVING COUNTIES’ ROLE IN THE FUTURE OF OFF TRACK BETTING 113. AUTHORIZE AGREEMENT WITH ALLARDICE & ASSOCIATES, INC. FOR THE OFFICE REALLOCATION CAPITAL PROJECT - TREASURER’S OFFICE 114. ACKNOWLEDGE APPOINTMENT AND SET SALARY OF PART- TIME ASSISTANT DISTRICT ATTORNEY – DISTRICT ATTORNEY’S OFFICE 115. RATIFICATION OF SPECIAL MEETING 116. DEDICATION OF THE MICHAEL J. MALONEY PUBLIC SAFETY BUILDING 117. APPROVE MINUTES OF THE MARCH 13, 2006 REGULAR MEETING AND THE MARCH 17, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 118. AUTHORIZE AN AMENDMENT TO THE COURT SECURITY AGREEMENT WITH THE UNIFIED COURT SYSTEM – SHERIFF’S DEPARTMENT 119. AUTHORIZE CONTRACT WITH GOVERNMENT PAYMENT SERVICES (GPS) – SHERIFF’S DEPARTMENT 120. AUTHORIZE THE APPOINTMENT OF JAMES P. COLEMAN, III, M.D. AS VOLUNTEER MEDICAL DIRECTOR – SHERIFF’S DEPARTMENT 121. AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT 122. ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR THE 2006 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY 123. ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY, LLC., FOR THE 2006 USED ELECTRONICS COLLECTION DAY 124. AUTHORIZE GRANT APPLICATION FOR A SCHUYLER COUNTY UNITED WAY GRANT – YOUTH BUREAU 125. AUTHORIZE GRANT APPLICATION FOR THE WEYERHAEUSER CHILDREN’S INITIATIVE - YOUTH BUREAU 126. AUTHORIZE GRANT APPLICATION FOR PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS GRANT – YOUTH BUREAU 127. AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AGREEMENT – YOUTH BUREAU 128. AMEND RESOLUTION NO. 423-05 TITLED - AUTHORIZE 2005-2006 AGREEMENT WITH THE WATKINS GLEN YOUTH CENTER (CATHOLIC CHARITIES) FOR AN AFTER SCHOOL PROGRAM – SOCIAL SERVICES 129. RECOGNIZE MAY 2006 AS MENTAL HEALTH MONTH - COMMUNITY SERVICES 130. AUTHORIZE CONTRACT WITH BARBARA HISLOP, SPEECH THERAPIST FOR PRESCHOOL SERVICES -PUBLIC HEALTH 131. RECOGNIZE MAY 6 - 12, 2006 AS NATIONAL NURSES WEEK - HEALTH SERVICES 132. AUTHORIZE CONTRACT WITH HONEYWELL HOMMED LLC FOR MEDPARTNER EQUIPMENT LEASE / PURCHASE - PUBLIC HEALTH 133. AUTHORIZE AGREEMENT WITH COORDINATED CARE SERVICES (CCSI), INC. OF ROCHESTER FOR PLANNING SUPPORT SERVICES – COMMUNITY SERVICES 134. RECOGNIZE WEEK OF APRIL 23, 2006 THROUGH APRIL 29, 2006 AS “NATIONAL VOLUNTEER WEEK” 135. AUTHORIZE REQUEST FOR PROPOSALS AND FOR GRANT FUNDING FOR A COUNTY-WIDE TRANSIT NEEDS ASSESSMENT ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 136. AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON FEDERALLY OWNED ENTITLEMENT LAND 137. AMEND 2006 BUDGET FOR MEDICAL SUPPLIES & EXPENSE – HUMAN RESOURCES 138. AUTHORIZE AGREEMENT WITH ROY TEITSWORTH AUCTION SERVICES – HIGHWAY DEPARTMENT 139. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROUTE 5 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 140. AUTHORIZE SUPPLEMENTAL AGREEMENT WITH BARTON & LOGUIDICE FOR THE CONSTRUCTION INSPECTION OF COUNTY ROUTE 5 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 141. AUTHORIZE ADVERTISEMENT FOR BIDS FOR REPAIRS OF THE COUNTY ROUTE 14 BRIDGE OVER HOOKER CREEK – HIGHWAY DEPARTMENT 142. AUTHORIZE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST POSITION/ABOLISH ACCOUNT CLERK TYPIST POSITION – HIGHWAY DEPARTMENT 143. APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION 144. PROCLAIM APRIL 23–29, 2006 AS NATIONAL COUNTY GOVERNMENT WEEK 145. AMEND 2006 BUDGET FOR WATERSHED PROTECTION DISTRICT 146. AUTHORIZE APPOINTMENT – OFFICE FOR THE AGING DIRECTOR 147. AUTHORIZE CREATION AND FILLING OF A FULL-TIME TEMPORARY LABORER POSITION – BUILDINGS AND GROUNDS 148. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE WATERSHED INSPECTOR POSITION – PUBLIC HEALTH 149. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 150. AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS 150A. MOTION TO TABLE RESOLUTION NO. 151 151. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS – TABLED 152. RATIFICATION OF SPECIAL MEETING 151B. MOTION TO AMEND RESOLUTION NO. 151 – FAILED 151. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS RECINDED BY RES. 171-06 153. APPROVE MINUTES OF THE APRIL 10, 2006 REGULAR MEETING AND THE APRIL 12, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 154. AUTHORIZE AGREEMENT WITH SWANSON SERVICES CORPORATION FOR COMMISSARY SERVICES – SHERIFF’S DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 155. AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH MONROE COUNTY FOR INPATIENT TREATMENT – SHERIFF’S DEPARTMENT 156. AUTHORIZE CONTRACT RENEWAL WITH MIKE POWERS FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY 157. AUTHORIZE APPLICATION FOR THE NEW YORK STATE CRIME VICTIM’S BOARD GRANT - DISTRICT ATTORNEY 158. RESOLUTION RECOMMENDING THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER COUNTY AGRICULTURAL DISTRICTS 159. AUTHORIZE CONTRACT RENEWAL WITH STANLEY CLARK – VETERANS SERVICE AGENCY 160. AUTHORIZE MAINTENANCE AGREEMENTS WITH TECHNOLOGY SOLUTIONS, INC. – SOCIAL SERVICES 161. AUTHORIZE MAINTENANCE AGREEMENT WITH EASTMAN KODAK COMPANY FOR I260 SCANNER – SOCIAL SERVICES 162. RECOGNIZE JUNE 12 - 18, 2006 AS NATIONAL MEN’S HEALTH WEEK - PUBLIC HEALTH 163. AUTHORIZE AMENDING THE 2006 BUDGET FOR MEDICATIONS - COMMUNITY SERVICES 164. DECLARE EQUIPMENT SURPLUS FOR VARIOUS DEPARTMENTS – PURCHASING 165. RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER PROVIDING 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 166. RULES OF PROCEDURE MODIFICATION - ONE MONTH’S NOTICE 167. AUTHORIZE GRANT APPLICATION FOR PURCHASE OF LAND AND IMPROVEMENTS RELATIVE TO THE CATHARINE VALLEY TRAIL – BUILDINGS AND GROUNDS 168. AUTHORIZE CONTRACT WITH SUIT-KOTE FOR COURTHOUSE COMPLEX PARKING LOT RESTORATION – BUILDINGS AND GROUNDS 169. RESOLUTION OFFICIALLY DEFINING THE SENECA HARBOR PARK AS A SEASONAL PARK AND SET THE HOURS OF OPERATION – BUILDINGS AND GROUNDS 170. ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN-PLACE PROJECTS – HIGHWAY 171. RESCIND RESOLUTION NO. 151-06 TITLED “ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS” 172. APPOINTMENT – ENVIRONMENTAL MANAGEMENT COUNCIL 173. AUTHORIZE OUT OF STATE TRAVEL FOR TRAINING IN SOUTH CAROLINA – DISTRICT ATTORNEY’S OFFICE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 174. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COUNTY TREASURER POSITION – TREASURER’S OFFICE 175. ACKNOWLEDGE THE SCHUYLER COUNTY VETERANS MEMORIAL PARK 176. APPOINTMENT – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY 177. AUTHORIZE OUT OF STATE TRAVEL FOR INSPECTION OF MOBILE COMMAND TRAILER IN – EMERGENCY MANAGEMENT OFFICE 178. MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR 179. DESIGNATE THE GOVERNMENTAL OPERATIONS COMMITTEE AS THE COMMITTEE TO REVIEW FINANCIAL DISCLOSURE FORMS ON BEHALF OF THE COUNTY BOARD OF ETHICS 180. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2006 – JUNE 30, 2007 – HEALTH SERVICES 181. PROCLAIM THE MONTH OF MAY 2006 AS COMMUNITY ACTION MONTH 182. RATIFICATION OF SPECIAL MEETING 183. ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION – BUILDINGS AND GROUNDS 184. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS 185. APPROVE MINUTES OF THE MAY 8, 2006 REGULAR MEETING AND THE MAY 22, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 186. AMEND THE 2006 BUDGET FOR INDIGENT LEGAL SERVICES FUNDS – PUBLIC DEFENDER 187. AUTHORIZE AN AGREEMENT WITH THE VILLAGE OF MONTOUR FALLS FOR PATROL SERVICES – SHERIFF’S DEPARTMENT 188. APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD 189. AUTHORIZE TRIANGLE GRANT APPLICATION FOR THE FAMILY PLAY AND RESOURCE CENTER – YOUTH BUREAU 190. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 191. ADOPT SCHUYLER COUNTY ADMINISTRATIVE MANUAL – HUMAN RESOURCES 192. ADOPT REVISED SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL – HUMAN RESOURCES 193. RULES OF PROCEDURE MODIFICATION 194. AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES BOARD 195. AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR COORDINATOR OF SCHOOL SUPPORT SERVICES FOR 2006-2007 – COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 196. AUTHORIZE CONTRACT RENEWAL WITH RICHARD KWITEK FOR OUTCOME EVALUATION OF HOMMED MONITORING SYSTEM – PUBLIC HEALTH 197. ADOPT OPERATIONS AND PROCEDURES MANUAL - HIGHWAY DEPARTMENT 198. AMEND THE 2006 COUNTY ROAD FUND BUDGET – HIGHWAY DEPARTMENT 199. AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN DOCUMENTS FOR PROPERTY ACQUISITION RELATIVE TO THE CR 05 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT 200. AUTHORIZE INTERMUNICIPAL AGREEMENT FOR CHARGEBACK OF ELECTION EXPENSES WITH ALL EIGHT TOWNS PURSUANT TO ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW AND THE HELP AMERICA VOTE ACT (HAVA 2002) – AS AMENDED BY RES. NO 317-06 201. RESOLUTION IN OPPOSITION TO SENATE BILL S2164 AND ASSEMBLY BILL A4253 - AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW, THE STATE FINANCE LAW AND THE GENERAL BUSINESS LAW, IN RELATION TO REGULATING BOARDING KENNELS AND GROOMING ESTABLISHMENTS 202. RECOGNIZE THE TOP DRAWER 24 RECIPIENTS 203. 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 THEREOF – HIGHWAY DEPARTMENT 204. AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP SERVICES – REAL PROPERTY TAX AGENCY 205. ACCEPT OFFER FOR SURPLUS/ABANDONED COUNTY HIGHWAY RIGHT-OF-WAY 206A. MOTION TO AMEND RESOLUTION NO.206 206. SET PARKING REGULATIONS FOR SENECA HARBOR PARK – AS AMENDED 207. RECOGNIZE THE WATKINS GLEN STATE PARK’S 100TH ANNIVERSARY CELEBRATION 208. AUTHORIZE THE CONTINUATION OF 35 HOURS A WEEK FOR THE YOUTH PROGRAM COORDINATOR’S POSITION -YOUTH BUREAU 209. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 210. APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 211. APPROVE MINUTES OF THE JUNE 12, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 212. AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES TO ACCEPT THE OPERATION IMPACT GRANTS FUNDS FOR 2006-2007 – DISTRICT ATTORNEY’S OFFICE 213. AUTHORIZE APPLICATION AND CONTRACT FOR 2006-2007 NEW YORK STATE AID TO PROSECUTION GRANT FUNDS – DISTRICT ATTORNEY’S OFFICE 214. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NARCOTICS CONTROL GRANT – DISTRICT ATTORNEY’S OFFICE – AS AMENDED BY RES. NO. 265-0 215. AUTHORIZE THE CREATION AND FILLING OF A SR. TYPIST/KEYBOARD SPECIALIST POSITION/ABOLISH KEYBOARD SPECIALIST POSITION – EMERGENCY MANAGEMENT 216. AUTHORIZE AGREEMENT WITH GOVERNMENT PAYMENT SERVICES (GPS) FOR COLLECTION SERVICES – PROBATION DEPARTMENT 217. AUTHORIZE AGREEMENT WITH BI, INC. FOR ELECTRONIC HOME MONITORING (EHM) SERVICES- PROBATION DEPARTMENT 218. RESOLUTION IN SUPPORT OF THE VILLAGE OF WATKINS GLEN’S TRANSPORTATION ENHANCEMENTS PROGRAM (TEP) GRANT APPLICATION FOR CATHARINE VALLEY TRAIL 219. RESOLUTION TO DECLARE A NEGATIVE SEQR FOR THE AG DISTRICT 220. AMEND THE 2006 BUDGET FOR AN INCREASE IN HEAP – DEPARTMENT OF SOCIAL SERVICES 221. AUTHORIZE AN AGREEMENT WITH THE BUILDINGS AND GROUNDS DEPARTMENT FOR MAINTENANCE IN LIEU OF RENT – DEPARTMENT OF SOCIAL SERVICES 222. AUTHORIZE AGREEMENT WITH CATHOLIC CHARITIES, SCHUYLER OUTREACH FOR EMERGENCY SERVICES – DEPARTMENT OF SOCIAL SERVICES 223. AUTHORIZE AN INCREASE IN THE MILEAGE REIMBURSEMENT RATE FOR FOSTER CARE PARENTS MILEAGE TO BE THE ESTABLISHED INTERNAL REVENUE SERVICES (IRS) RATE – DEPARTMENT OF SOCIAL SERVICES 224. AUTHORIZE THE CREATION AND FILLING OF A KEYBOARD SPECIALIST – DEPARTMENT OF SOCIAL SERVICES 225. AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE AND COMMUNITY SERVICES BOARD – COMMUNITY SERVICES 226. AUTHORIZE CREATION AND FILLING OF A STAFF SOCIAL WORKER POSITION – COMMUNITY SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 227. ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2006-2007 – PUBLIC HEALTH 228. AUTHORIZE APPOINTMENT TO COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH 229. AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY WATER QUALITY COORDINATING COMMITTEE AND AMEND THE 2006 BUDGET – PUBLIC HEALTH 230. AUTHORIZE PERFORMANCE OF SEPTIC SYSTEM INSPECTIONS AND INCREASE SALARY FOR WATERSHED STAFF – PUBLIC HEALTH 231. ABOLISH CHIEF ACCOUNTANT AND SENIOR ACCOUNT CLERK TYPIST POSITIONS – TREASURER’S OFFICE 232. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE RESIDENTIAL-COMMERCIAL URBAN EXEMPTION 233. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION 234. AUTHORIZE THE CREATION OF AN INFORMATION TECHNOLOGY DIRECTOR POSITION 235. AUTHORIZE APPLICATION TO THE NEW YORK STATE OFFICE FOR THE AGING FOR A NYCONNECTS SCHUYLER LONG TERM CARE POINT OF ENTRY PROGRAM – OFFICE FOR THE AGING 236. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – AS AMENDED BY RES. NO 264-06 237. AUTHORIZE INCREASING THE PART TIME ASSISTANT DISTRICT ATTORNEY POSITION TO FULL TIME - DISTRICT ATTORNEY 238. APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION 239. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 240. AUTHORIZATION TO CONTRACT WITH INDUSTRIAL MEDICINE ASSOCIATES FOR CONSULTATIVE MEDICAL EXAMINATIONS 241. RATIFICATION OF SPECIAL MEETING 242. ACCEPT/REJECT BIDS FOR COUNTY ROUTE 6 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT 243. APPROVE MINUTES OF THE JULY 10, 2006 REGULAR MEETING AND THE JULY 20, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 244. AUTHORIZE CONTRACT RENEWAL WITH WTH TECHNOLOGY GROUP FOR GIS MAPPING AND THE CAD SYSTEM – EMERGENCY MANAGEMENT 245. RESOLUTION TO ADD A PARCEL TO THE SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 246. RESOLUTION TO SET A PUBLIC HEARING DATE TO REVIEW AND RECEIVE PUBLIC COMMENTS ON THE SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN 10-YEAR UPDATE 247. AUTHORIZE AMENDING THE 2006 BUDGET FOR THE WATERSHED PROTECTION DISTRICT 248. AUTHORIZE AMENDING THE 2006 BUDGET FOR THE SOUTHERN TIER TOBACCO AWARENESS GRANT – BUILDINGS AND GROUNDS 249. AUTHORIZE AN AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR THE PLACEMENT OF A STORM WATER RUN OFF AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS 250. RECOGNIZE SEPTEMBER AS CHOLESTEROL EDUCATION MONTH – PUBLIC HEALTH 251. RECOGNIZE SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH – PUBLIC HEALTH 252. AUTHORIZE THE CREATION AND FILLING OF A TEMPORARY PART-TIME KEYBOARD SPECIALIST POSITION – CIVIL SERVICE 253. AUTHORIZE INCREASING THE ESTABLISH STIPEND FOR CIVIL SERVICE EXAM MONITORS – CIVIL SERVICE 254. ADOPT REVISED SCHUYLER COUNTY SUBSTANCE ABUSE POLICY/DRUG AND ALCOHOL TESTING PROGRAM – HUMAN RESOURCES 255. APPOINTMENTS – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ADMINISTRATIVE OVERSIGHT COMMITTEE – HUMAN RESOURCES 256. AMEND DRUG-FREE WORKPLACE POLICY 257. AUTHORIZE AGREEMENT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEM GRANT – YOUTH BUREAU 258. APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD 259. AUTHORIZE INCREASE IN FAMILY FOSTER CARE RATES – DEPARTMENT OF SOCIAL SERVICES 260. AUTHORIZE AGREEMENT WITH WORK-FORCE NEW YORK FOR OPERATING THE WATKINS GLEN ONE-STOP CAREER CENTER – DEPARTMENT OF SOCIAL SERVICES 261. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF DIX – REAL PROPERTY TAX 262. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE RESIDENTIAL- COMMERCIAL URBAN EXEMPTION 263A. MOTION TO TABLE RESOLUTION NO. 263 263. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION – TABLED 264. AMEND RESOLUTION NO. 236-06 TITLED “APPOINT SCHUYLER COUNTY ELECTION INSPECTORS” AND ACKNOWLEDGE ADDITIONAL APPOINTMENTS – BOARD OF ELECTIONS 265. AMEND RESOLUTION NO. 214-06 TITLED “AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NARCOTICS CONTROL GRANT – DISTRICT ATTORNEY’S OFFICE” 266. AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2006-2007 267. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES 268. AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR 269. AUTHORIZE AGREEMENT WITH ANN CLARKE FOR ADDITIONAL CONSULTANT SERVICES FOR A SCHUYLER COUNTY TRANSPORTATION STUDY 270. ACCEPT PROPOSAL AND AUTHORIZE AGREEMENT WITH NELSON/NYGAARD FOR A TRANSIT NEEDS ASSESSMENT 271. RESOLUTION APPROVING THE FORMATION OF A LOCAL DEVELOPMENT CORPORATION TO SPONSOR A PROPOSED OFFICE BUILDING CONSTRUCTION PROJECT AND APPOINTING INITIAL DIRECTORS 272. MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR 273. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2006 AUTHORIZING A LEASE PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT 274. AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE CRIME VICTIMS BOARD GRANT FUNDS FOR 2006-2009 - DISTRICT ATTORNEY’S OFFICE 275. AUTHORIZE INCREASING THE PART TIME CRIME VICTIMS COORDINATOR POSITION TO FULL TIME - DISTRICT ATTORNEY’S OFFICE 276. RATIFICATION OF SPECIAL MEETING 277. ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF THE COUNTY ROUTE 5 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT 278A. MOTION TO AMEND RESOLUTION NO. 278 278. ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF ELECTIONS – AS AMENDED 279. APPROVE MINUTES OF THE AUGUST 14, 2006 REGULAR MEETING, THE AUGUST 22, 2006 PUBLIC HEARING AND THE AUGUST 30, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 280. AUTHORIZE GRANT APPLICATIONS FOR STATE HOMELAND SECURITY PROGRAM–EMERGENCY MANAGEMENT–AND-LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF’S DEPARTMENT 281. AUTHORIZE FEES FOR RECORDS AND BACKGROUND CHECKS – SHERIFF’S DEPARTMENT 282. AUTHORIZE GRANT APPLICATION FOR FFY 06 HOMELAND SECURITY GRANT PROGRAM, CITIZEN CORPS PROGRAM – EMERGENCY MANAGEMENT 283. AUTHORIZE GRANT APPLICATION FOR UNITED STATES HOMELAND SECURITY COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY MANAGEMENT 284. AUTHORIZE CONTRACT WITH OCCUMED OF WESTERN NEW YORK, INC – EMERGENCY MANAGEMENT 285. AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN AGREEMENT ACCEPTING STATE AID FOR DNA COLLECTIONS UNDER NEW STATE LEGISLATION- PROBATION DEPARTMENT 286. RESOLUTION ACCEPTING THE SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN – 10 YEAR UPDATE 287. AUTHORIZE A WASTEWATER DISTRICT INTER-MUNICIPAL AGREEMENT WITH THE TOWNS OF ORANGE AND TYRONE 288. AUTHORIZE A CONTRACT WITH CORNELL COOPERATIVE EXTENSION FOR THE FAMILY PLAY & RESOURCE CENTER COORDINATOR – YOUTH BUREAU 289. APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD 290. AUTHORIZE AMENDING THE 2006 BUDGET FOR NYCONNECTS POINT OF ENTRY FUNDS – YOUTH BUREAU 291. ADOPT A SCHUYLER COUNTY SERVICE AWARD/RETIREMENT RECOGNITION POLICY – HUMAN RESOURCES 292. SCHUYLER COUNTY ADOPTION OF THE STATE OF NEW YORK DEFERRED COMPENSATION PLAN 293. SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE 294. ADOPT PURCHASING POLICIES AND PROCEDURES AS AMENDED 295. AUTHORIZE APPOINTMENT TO THE ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES 296. AUTHORIZE CONTRACT AMENDMENT WITH KELLY FITCH, PHN, FOR NURSING SERVICES - PUBLIC HEALTH AND COMMUNITY SERVICES 297. AUTHORIZE AGREEMENT WITH FLOWERS FOR EARLY INTERVENTION SERVICES FOR 2006 - 2007 - PUBLIC HEALTH 298. AUTHORIZE AGREEMENT WITH FLOWERS FOR PRESCHOOL SERVICES FOR 2006 - 2007 - PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 299. AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTURAL MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT 300. AUTHORIZE TRANSFER OF FUNDS FOR CENTRAL GARAGE EXPENSES – HIGHWAY DEPARTMENT 301. RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT 302. RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT 303. AUTHORIZE CHANGE ORDER NUMBER ONE WITH EDGER ENTERPRISES FOR THE SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS 304. AUTHORIZE AN AGREEMENT WITH ALLEN ROTTO CONSULTANTS, INC. TO PERFORM A TELEPHONE SERVICE AUDIT – BUILDINGS AND GROUNDS 305. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2006 AUTHORIZING A LEASE PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT 306. AUTHORIZE AN AGREEMENT WITH WEBSTER SZANYI, LLP FOR LEGAL SERVICES – COUNTY ATTORNEY W/D AUTHORIZE CONTRACT AMENDMENT WITH IRON MOUNTAIN FOR RECORDS STORAGE – COUNTY CLERK – WITHDRAWN 307. AUTHORIZE A LEASE AGREEMENT FOR ELECTION POLLING SITES – BOARD OF ELECTIONS 308. AUTHORIZE APPOINTMENT OF THE INFORMATION TECHNOLOGY DIRECTOR 309. DENY APPLICATION FOR REFUND OF REAL PROPERTY TAXES – STOUDT - TOWN OF TYRONE – REAL PROPERTY TAX 310. AUTHORIZE AND APPLICATION FOR THE REAL PROPERTY TAX ADMINISTRATION TECHNOLOGY IMPROVEMENT PROGRAM GRANT – REAL PROPERTY TAX 311. AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWNS TO PROVIDE COUNTY WIDE ASSESSING SERVICES – REAL PROPERTY TAX – AS AMENDED BY RESOLUTION NO. 290- 07 312. RESOLUTION SUPPORTING THE COMPLETION OF THE CATHARINE VALLEY TRAIL 313. AUTHORIZE AMENDING THE 2006 COUNTY BUDGET FOR THE BIOTERRORISM GRANT - PUBLIC HEALTH ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 314. AUTHORIZE CONTRACT AMENDMENT WITH HUMAN SERVICE DEVELOPMENT - COMMUNITY SERVICES 315. AUTHORIZE CONTRACT RENEWAL WITH THE CENTER FOR ROCHESTER’S HEALTH, UNIVERSITY OF ROCHESTER - PUBLIC HEALTH 316A. MOTION TO AMEND RESOLUTION NO. 316 316. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – AS AMENDED 317. AMEND RESOLUTION NO. 200-06 – TITLED “AUTHORIZE INTERMUNICIPAL AGREEMENT FOR CHARGEBACK OF ELECTION EXPENSES WITH ALL EIGHT TOWNS PURSUANT TO ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW AND THE HELP AMERICA VOTE ACT (HAVA 2002)” 318. AUTHORIZE AMENDING THE FOOD BID PROCEDURE – PURCHASING 319. AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF DIX, THE VILLAGE OF WATKINS GLEN AND THE WATKINS GLEN CENTRAL SCHOOL DISTRICT 320. MOTION TO BRING ONE RESOLUTION TO THE FLOOR 321. AUTHORIZE AMENDMENT TO THE AGREEMENT WITH NELSON/NYGAARD FOR TRANSIT NEEDS ASSESSMENT SERVICES 322. APPROVE MINUTES OF THE SEPTEMBER 11, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 323. AUTHORIZE STOP DWI PLAN FOR 2007 – SHERIFF’S DEPARTMENT 324. AUTHORIZE INTERGOVERNMENTAL AGREEMENT WITH THE OFFICE OF NEW YORK STATE EMERGENCY MANAGEMENT OFFICE (“SEMO”) – EMERGENCY MANAGEMENT 325. AUTHORIZE AN AGREEMENT ACCEPTING STATE AID FOR LEVEL III SEX OFFENDERS- PROBATION DEPARTMENT 326. AUTHORIZE A MAINTENANCE AGREEMENT WITH STERLING SOLUTIONS, INC. FOR THE VETERAN INFORMATION MANAGEMENT SYSTEM (VIMS) – VETERANS SERVICES 327. AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2007 AND RELATED CONTRACTS 328. AUTHORIZE INCREASING THE HOURS OF THE INSURANCE COUNSELING COORDINATOR POSITION TO FULL-TIME – OFFICE FOR THE AGING 329. AUTHORIZE INCREASE IN THE ADOPTION SUBSIDY RATE – SOCIAL SERVICES 330. AUTHORIZE INCREASE IN MEDICAID TRANSPORTATION REIMBURSEMENT RATE – SOCIAL SERVICES 331. ADOPT POLICY GUIDELINES FOR IMPLEMENTATION OF BREAST CANCER SCREENING LEAVE TIME ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 332. ACKNOWLEDGE APPOINTMENT AND SET SALARY – CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR 333. AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS 334. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS 335. AUTHORIZE AMENDED LICENSE AGREEMENT WITH THE VILLAGE MARINA FOR TEMPORARY WINTER BOAT STORAGE AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS 336. AUTHORIZE GRANT APPLICATION TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO PURCHASE TREES FOR SENECA HARBOR PARK IN COLLABORATION WITH THE VILLAGE OF WATKINS GLEN – BUILDINGS AND GROUNDS 337. AUTHORIZE TRANSFER OF FUNDS FROM SNOW REMOVAL TO MAINTENANCE – HIGHWAY DEPARTMENT 338. ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR REMOVAL OF COON HOLLOW BRIDGE – HIGHWAY DEPARTMENT W/D AUTHORIZE TWO-YEAR AGREEMENTS WITH HUNT ENGINEERS, FISHER ASSOCIATES AND BARTON & LOGUIDICE FOR MISCELLANEOUS ENGINEERING SERVICES – HIGHWAY DEPARTMENT – WITHDRAWN 339. ACCEPT/REJECT BIDS FOR STRUCTURE MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT 340. ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERING FOR FINAL DESIGN SERVICES OF CR-23 CULVERT – HIGHWAY DEPARTMENT 341. AUTHORIZE A GRANT APPLICATION TO THE ENVIRONMENTAL PROJECTION FUND ARTICLE 17-14 ENVIRONMENTAL CONSERVATION LAW NONAGRICULTURAL NON-POINT SOURCE PROJECTS – HIGHWAY DEPARTMENT 342. AUTHORIZE AMENDING THE 2006 MENTAL HEALTH BUDGET FOR MEDICAID FUNDING - COMMUNITY SERVICES 343. AUTHORIZE CONTRACT RENEWAL WITH HEALTH RESEARCH INC. AND ESTABLISH THE 2006 - 2007 BIOTERRORISM GRANT - PUBLIC HEALTH 344. ESTABLISH 2006-2007 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT - PUBLIC HEALTH – AS AMENDED BY RESOLUTION NO. 36-07 & 158-07 345. ACKNOWLEDGE APPOINTMENT OF CHIEF VOTING MACHINE CUSTODIAN 346. AUTHORIZE REAL ESTATE PURCHASE AND SALE AGREEMENT 347. ACCEPT/REJECT 2006 TAX AUCTION BIDS – AS AMENDED BY RESOLUTION NO. 356-06 ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 348. RESOLUTION SUPPORTING A GRANT APPLICATION TO THE NEW YORK STATE DEPARTMENT OF STATE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM FOR A PAVEMENT MARKING TRUCK AND SUPPORT VEHICLE UNDER CATEGORY NUMBER TWO, SHARED HIGHWAY SERVICES INCENTIVE AWARDS 349. RESOLUTION IN OPPOSITION OF STATE MANDATES BEING IMPLEMENTED WITHOUT INPUT OR DISCUSSION AT THE COUNTY LEVEL 350. MOTION TO BRING THREE ADDITIONAL RESOLUTIONS TO THE FLOOR 351. RECOGNIZE NATIONAL BUSINESS WOMEN’S WEEK FROM OCTOBER 16 – 20, 2006 352. AUTHORIZE CONTRACT WITH PHILIP BARNES FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY 353. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2007 354. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION 355A. MOTION TO AMEND RESOLUTION NO. 355 355. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION – AS AMENDED 356. AMEND RESOLUTION NO. 347-06 TITLED “ACCEPT/REJECT 2006 TAX AUCTION BIDS” 357. ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LEGISLATURE 358. ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – REAL PROPERTY TAX 359. ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC HEALTH 360. APPROVE MINUTES OF THE OCTOBER 10, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 361. RESOLUTION SUPPORTING THE U.S. HOUSE OF REPRESENTATIVES IN ENACTING A BILL TO PROVIDE FOR AN INCOME TAX REFUNDABLE CREDIT FOR EMERGENCY SERVICE VOLUNTEERS 362. RESOLUTION TO AUTHORIZE CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY TO SUBMIT AN APPLICATION ON THE COUNTY’S BEHALF TO THE DEPARTMENT OF STATE QUALITY COMMUNITIES PROGRAM (2006) FOR ENVIRONMENTAL PROTECTION FUNDS TO SUPPORT A SCHUYLER COUNTY HOUSING NEEDS ASSESSMENT – AS AMENDED BY RESOLUTION NO. 400-06 ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 363. 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 2009-2011 AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE 364. AUTHORIZE AGREEMENT WITH GRETCHEN A. JACOBS FOR EARLY INTERVENTION SERVICES FOR 2006 - 2007 - PUBLIC HEALTH 365. AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2006 BUDGET - COMMUNITY SERVICES 366. AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND AMEND THE 2006 BUDGET - COMMUNITY SERVICES 367. AUTHORIZE CONTRACT AMENDMENT WITH AFFILIATED CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2006 - COMMUNITY SERVICES 368. AUTHORIZE AGREEMENT AMENDMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC - COMMUNITY SERVICES 369. AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES PARENT NETWORK, INC. – COMMUNITY SERVICES 370. RECOGNIZE NOVEMBER 20, 2006 AS PUBLIC HEALTH THANK YOU DAY – HEALTH SERVICES 371A. MOTION TO TABLE RESOLUTION NO. 371 371. AUTHORIZE GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES ONSITE WASTEWATER SYSTEM IMPROVEMENT PROGRAM – TABLED 372. AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2007 373. AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2007 374. AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM 375. AMEND THE SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL TO PROVIDE LEAVE OF ABSENCE FOR MILITARY SPOUSES 376. AUTHORIZE MEDICAL/DENTAL PLAN CHANGE FOR EXEMPT EMPLOYEES 377. AUTHORIZE CHANGES TO INSURANCE BUY-OUT PROGRAM FOR ALL COUNTY EMPLOYEES – HUMAN RESOURCES – AS AMENDED BY RESOLUTION NO. 145-07 378. RECOGNITION OF THE BIFURCATION OF THE SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION – AS AMENDED BY RESOLUTION NO. 442-06 ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 379. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR UNEMPLOYMENT – TREASURER’S OFFICE 380. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2007 381. ACCEPT/REJECT BIDS FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS 382. AUTHORIZE CHANGE ORDER NUMBER TWO WITH EDGER ENTERPRISES FOR THE SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS 383A. MOTION TO TABLE RESOLUTION NO. 383 383. AUTHORIZE DECREASING THE HOURS OF THE SERVICE AIDE POSITION FROM FULL-TIME TO PART-TIME – OFFICE FOR THE AGING – TABLED 384. AUTHORIZE CONTRACT RENEWAL WITH PACS SECURITY FOR THE DEPARTMENT OF MOTOR VEHICLES (DMV) – COUNTY CLERK 385. SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 386. RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2007 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE 387. AUTHORIZE AN AMENDMENT TO THE IRON MOUNTAIN AGREEMENT FOR RECORDS STORAGE – COUNTY CLERK 388. ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 TO TRANSFER FROM CONTINGENCY TO THE BOARD OF ELECTIONS – FAILED 389. ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2007 390. APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2007" 391. 2007 BUDGET OF $39,305.220.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN 392. RESOLUTION IN SUPPORT OF OFFERING ASSISTANCE TO RESTORE FUNDING TO THE GREATER SOUTHERN TIER BOCES COSMETOLOGY PROGRAM 393. APPROVAL OF THE OFFICE FOR THE AGING 2007 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS – AS AMENDED BY RESOLUTION NO. 181-07 394. AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF WATKINS GLEN, THE TOWN OF DIX, THE TOWN OF HECTOR AND WATKINS GLEN CENTRAL SCHOOL (WGCS) FOR A SHARED RECORDS MANAGEMENT FACILITY 395. APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES – SCRANTON – TOWN OF ORANGE ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 396. MOTION TO BRING ONE ADDITIONAL RESOLUTION TO THE FLOOR 397. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION 398. APPROVE MINUTES OF THE NOVEMBER 8, 2006 SPECIAL MEETING, THE NOVEMBER 13, 2006 PUBLIC HEARING AND THE NOVEMBER 13, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 399. ADOPT STANDARD FOR MANDATORY TRAINING REQUIREMENTS FOR PLANNING COMMISSIONERS - AS AMENDED BY RESOLUTION NO. 66-07 400. AMEND RESOLUTION NO. 362-06 TITLED “RESOLUTION TO AUTHORIZE CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY TO SUBMIT AN APPLICATION ON THE COUNTY’S BEHALF TO THE DEPARTMENT OF STATE QUALITY COMMUNITIES PROGRAM (2006) FOR ENVIRONMENTAL PROTECTION FUNDS TO SUPPORT A SCHUYLER COUNTY HOUSING NEEDS ASSESSMENT” 401. AUTHORIZE AN ADDENDUM TO THE CONTRACT WITH PHILIP C. BARNES TO INCLUDE REIMBURSEMENT FOR MILEAGE – DISTRICT ATTORNEY 402. AUTHORIZE THE CREATION AND FILLING OF ONE FULL TIME CORRECTION OFFICER POSITION – SHERIFF’S OFFICE 403. AUTHORIZE A CONTRACT RENEWAL WITH MOTOROLA TO INCLUDE MAINTENANCE OF THE RADIO CONSOLES – EMERGENCY MANAGEMENT 404. AUTHORIZE GRANT APPLICATION WITH THE STATE EMERGENCY MANAGEMENT OFFICE – EMERGENCY MANAGEMENT 405. AUTHORIZE A GRANT APPLICATION TO THE U.S. TOBACCO COMPANY’S (USSTC), OPERATION RANGER DONATION PROGRAM – EMERGENCY MANAGEMENT 406. AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME ACCOUNT CLERK/KEYBOARD SPECIALIST POSITION – DEPARTMENT OF SOCIAL SERVICES 407. AUTHORIZE THE CREATION AND FILLING OF A KEYBOARD SPECIALIST (PT) POSITION – DEPARTMENT OF SOCIAL SERVICES 408. AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME MEDICAID COORDINATOR POSITION/ABOLISH THE MEDICAID SUPERVISOR/MANAGED CARE COORDINATOR POSITION – DEPARTMENT OF SOCIAL SERVICES 409. AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME CASEWORKER POSITION – DEPARTMENT OF SOCIAL SERVICES ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 410. AUTHORIZE THE INCREASE IN HOURS OF THE PARA-LEGAL POSITION – DEPARTMENT OF SOCIAL SERVICES 411. AUTHORIZE THE INCREASE IN HOURS OF THE INVESTIGATOR POSITION – DEPARTMENT OF SOCIAL SERVICES 412. AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME SUPERVISING CASEWORKER POSITION – DEPARTMENT OF SOCIAL SERVICES 413. AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD RESERVE ACCOUNT – COMMUNITY SERVICES 414. RECOGNIZE JANUARY 2007 AS NATIONAL BLOOD DONOR MONTH – HEALTH SERVICES 415. AUTHORIZE AN AGREEMENT WITH LISA GLASNER, SPEECH PATHOLOGIST, FOR EARLY INTERVENTION SERVICES FOR 2006- 2007 – PUBLIC HEALTH 416. AUTHORIZE AN AGREEMENT WITH LISA GLASNER, SPEECH PATHOLOGIST, FOR PRESCHOOL SERVICES FOR 2006-2007 – PUBLIC HEALTH 417. AUTHORIZE AMENDING THE CONTRACT WITH MILLER ASSOCIATES FOR PRESCHOOL SERVICES – PUBLIC HEALTH 418. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006/LOCAL LAW NO. OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2007 419. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 420. SET DATE - 2006 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE 421. SET DATE - 2007 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 422. AUTHORIZE AMENDING THE 2006 AGREEMENT AND RENEWING THE 2007 AGREEMENT WITH COUGHLIN & GERHART, LLP FOR LEGAL SERVICES AND AUTHORIZE A TRANSFER FROM CONTINGENCY TO PAY FOR ADDITIONAL SERVICES - HUMAN RESOURCES 423. AMEND RULE 25 IN THE RULES OF PROCEDURE TO REDUCE THE NUMBER OF STANDING COMMITTEES – ONE MONTH’S NOTICE 424. 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 THEREOF – HIGHWAY DEPARTMENT 425. AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF MONTOUR RELATIVE TO RECONSTRUCTION, FUNDING, OWNERSHIP AND MAINTENANCE OF A TOWN BRIDGE – HIGHWAY DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 426. AUTHORIZE TWO-YEAR AGREEMENTS WITH HUNT ENGINEERING AND FISHER ASSOCIATES FOR MISCELLANEOUS ENGINEERING SERVICES – HIGHWAY DEPARTMENT 427. AUTHORIZE AMENDING THE 2006 BUDGET TO COVER EXPENSES FOR FEDERAL-AID PROJECTS – HIGHWAY DEPARTMENT 428. AUTHORIZE AMENDING THE 2006 COUNTY ROAD FUND BUDGET/TRANSFER FROM CONTINGENCY TO REFLECT REPAIRS MADE TO THE WILLAMEE ROAD BRIDGE – HIGHWAY DEPARTMENT 429. AUTHORIZE AMENDING THE 2006 MACHINERY PAYROLL BUDGET/TRANSFER FROM CONTINGENCY TO REFLECT AN INCREASE IN WAGES – HIGHWAY DEPARTMENT 430A. MOTION TO TABLE RESOLUTION NO. 430 – FAILED 430. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION - FAILED 431. AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2007, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 432. AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2007, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 433. COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2006 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWN OF TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK 434. DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2007 435. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE AND FILL TWO ASSESSOR POSITIONS – REAL PROPERTY TAX – AS AMENDED BY RESOLUTION NO. 59-07 436. AUTHORIZE CREATION AND FILLING OF AN ASSESSMENT AIDE – REAL PROPERTY TAX – AS AMENDED BY RES. NO. 463-06 437. AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP SERVICES – REAL PROPERTY TAX AGENCY – AS AMENDED BY RESOLUTION NO. 231-07 438. AUTHORIZE AMENDING THE 2006 BUDGET FOR COST ALLOCATION PURPOSES – VARIOUS DEPARTMENTS 439. ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS 440. SET REIMBURSEMENT RATES FOR COUNTY DEMOCRATIC AND REPUBLICAN PARTY INSPECTORS AND CHAIRPERSON INSPECTORS – BOARD OF ELECTIONS ---PAGE BREAK--- RESOLUTION BY NUMBER - 2005 I 441. DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU 442. AMEND RESOLUTION NO. 378-06 TITLED “RECOGNITION OF THE BIFURCATION OF THE SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION” 443. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR FISCAL ADVISORS – TREASURER’S OFFICE 444. MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR 445. TWO-YEAR APPOINTMENTS TO THE SCHUYLER COUNTY PLANNING COMMISSION 446. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR OFFICE FOR THE AGING DEPUTY DIRECTOR 447. APPROVE MINUTES OF THE DECEMBER 11, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE – TABLED 448. APPROVE ALTERNATIVE TO INCARCERATION SERVICE PLAN FOR 2007 – PROBATION DEPARTMENT 449. AUTHORIZE CONTRACT RENEWALS FOR 2007 WITH SOCIAL SERVICES, MENTAL HEALTH, PUBLIC HEALTH, PROBATION AND OFFICE FOR THE AGING FOR THE FAMILIES FIRST PROGRAM- YOUTH BUREAU 450. AUTHORIZE AN APPLICATION TO THE ROYCE HAIGHT BOOTH YOUTH FUND FOR THE FAMILY PLAY AND RESOURCE CENTER – YOUTH BUREAU 451. AUTHORIZE CERTIFICATION OF THE 2005 COST ALLOCATION PLAN – SOCIAL SERVICES 452. AUTHORIZE A CONTRACT AMENDMENT TO THE 2006 ARC MEDICAL TRANSPORTATION AGREEMENT – SOCIAL SERVICES 453. AUTHORIZE AMENDING THE 2006 BUDGET FOR HEAP - DEPARTMENT OF SOCIAL SERVICES 454. AUTHORIZE AMENDING THE 2006 BUDGET FOR PERSONAL SERVICES – COMMUNITY SERVICES 455. AUTHORIZE CONTRACT WITH JESSICA STALICA FOR SPECIAL EDUCATION SERVICES FOR EARLY INTERVENTION - PUBLIC HEALTH 456. AUTHORIZE CONTRACT WITH YATES COUNTY PUBLIC HEALTH FOR REGIONAL PUBLIC HEALTH EMERGENCY PLANNING - PUBLIC HEALTH 457. AUTHORIZE AMENDING THE 2006 BUDGET FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH 458. AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES BOARD 459. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 460. DEDICATION OF 2006 PROCEEDINGS 461. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 462. ACCEPT/REJECT BIDS FOR ONE 2000 CHEVROLET C6500 USED ROLLBACK – HIGHWAY DEPARTMENT ---PAGE BREAK--- RESOLUTION BY NUMBER – 2006 I 463. AUTHORIZE AMENDING RESOLUTION NO. 436-06 TITLED “AUTHORIZE CREATION AND FILLING OF A PART-TIME ASSESSMENT AIDE – REAL PROPERTY TAX” ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 1 ORGANIZATIONAL MEETING JANUARY 3, 2006 The January 3, 2006 Organizational Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn were also present. The Oath of Office was administered by Judge J.C. Argetsinger to Legislators-Elect Doris L. Karius, Delmar F. Bleiler, and Glenn R. Larison. PUBLIC PARTICIPATION: None. The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year 2006. MOTION by Legislator Fagan to nominate Legislator Gifford as Chairman, SECOND by Legislator Slusser. MOTION by Legislator Larison to nominate Legislator Fagan as Chairman. Legislator Larison feels the Chairman should not be a lifelong appointment and in seven years he has seen a lack of leadership and hears the same from the Community, SECOND by Legislator Karius. RESOLUTION NO. 1 Motion by Larison, Second by Yuhasz. RE: CLOSE NOMINATIONS - 2006 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2006 Chairperson of the Schuyler County Legislature be closed. VOTE: 7-0. RESOLUTION NO. 2 Motion by Fagan, Second by Yuhasz. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2006 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 2006. VOTE: 6-1. No: Larison. Legislator Bingell in at 9:40 a.m. RESOLUTION NO. 3 Motion by Fagan, Second by Karius. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2006 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 Delmar F. Bleiler, Jr. #3 Vice-Chairman Glenn R. Larison #4 Vice-Chairman Sharon S. Bingell #5 Vice-Chairman Michael A. Yuhasz #6 Vice-Chairman Daryl L. Slusser #7 Vice-Chairman Dennis A. Fagan VOTE: 8-0. RESOLUTION NO. 4 Motion by Fagan, Second by Karius. 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 Fagan, Second by Karius. 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: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 2 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 303 W. Main Street Montour Falls, NY 14865 $8,000,000.00 TOMPKINS COUNTY 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 Yuhasz, Second by Bingell. 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 and as amended on May 10, 2004, be conformed to. VOTE: 8-0. RESOLUTION NO. 7 Motion by Yuhasz, Second by Bingell. RE: APPOINTMENT - CHIEF CORONER FOR 2006 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 2006, 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 Yuhasz, Second by Bingell. RE: APPOINTMENT – COUNTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2006. VOTE: 8-0. RESOLUTION NO. 9 Motion by Larison, Second by Bingell. RE: SCHEDULE OF SALARIES FOR 2006 BE IT RESOLVED, that the Schedule of Salaries for 2006, as attached hereto, be adopted, effective January 1, 2006, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2006 Salary Schedule. VOTE: 8-0. RESOLUTION NO. 10 Motion by Larison, Second by Bingell. RE: APPOINTMENT - COUNTY AUDITOR FOR 2006 AND 2007 BE IT RESOLVED, that Stacy B. Husted be appointed County Auditor for a two-year term commencing January 1, 2006 through December 31, 2007. VOTE: 8-0. RESOLUTION NO. 11 Motion by Larison, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 3 RE: APPOINTMENT – DEPUTY COUNTY CLERK – 2006-2009 BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by the County Clerk, Linda Compton of Joy Ector as Deputy County Clerk for the period commencing January 1, 2006 and terminating December 31, 2009. VOTE: 8-0. NEW BUSINESS: Chairman Gifford asked if the other Legislator’s had reviewed the “Legislator Goals” handout from the Year 2001. These goals were done several years ago and he suggested that they be done once again for this year to go along with the performance based budget. Legislator Bleiler suggested that all the Legislator’s write a mission statement also. Chairman Gifford reminded that the goals need to be attainable. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:40 A.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING JANUARY 9, 2006 The January 9, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Legislator Karius, acting Chair. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except for Chairman Gifford who was excused. The Assistant County Attorney Morris and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Mr. Gordon Swarthout spoke and requested that a County structure that was on his property be removed. He stated that he was referring to a check dam and if it was not removed then he wanted the County to pay rent. RESOLUTION NO. 12 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE DECEMBER 28, 2005 YEAR END MEETING AND THE JANUARY 3, 2006 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the December 28, 2005 Year End Meeting and the January 3, 2006 Organizational Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 13 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH DENISE ROSS, DVM FOR VETERINARY SERVICES FOR 2006 - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such clinics with qualified personnel, and WHEREAS, Dr. Denise Ross is an established veterinarian qualified to provide services at the vaccination clinics. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Dr. Denise Ross for the provision of veterinary services at the rabies vaccination clinics for the period January 1, 2006 through December 31, 2006, to be renewed annually, at the hourly rate of $25.00, such amount provided for in the 2006 Public Health budget, account no. 4042.435, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 14 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH SUE COLLINS, DVM FOR VETERINARY SERVICES FOR 2006 - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such clinics with qualified personnel, and WHEREAS, Dr. Sue Collins is an established veterinarian qualified to provide services at the vaccination clinics. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 4 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Dr. Sue Collins for the provision of veterinary services at the rabies vaccination clinics for the period January 1, 2006 through December 31, 2006, to be renewed annually, at the hourly rate of $25.00, such amount provided for in the 2006 Public Health budget, account no. 4042.435, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 15 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH HEATHER L. MURLEY, DVM FOR VETERINARY SERVICES FOR 2006 - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide rabies vaccination clinics and staff such clinics with qualified personnel, and WHEREAS, Dr. Heather Murley is an established veterinarian qualified to provide services at the vaccination clinics. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Dr. Heather Murley for the provision of veterinary services at the rabies vaccination clinics for the period January 1, 2006 through December 31, 2006, to be renewed annually, at the hourly rate of $25.00, such amount provided for in the 2006 Public Health budget, account no. 4042.435, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 16 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH COMMUNITY HEALTH & HOME CARE FOR PERSONAL NURSING SERVICES – SOCIAL SERVICES WHEREAS, Social Services districts are authorized pursuant to Section 365-a(2) of the New York Social Services Law and New York State Department of Social Services Regulation 18 505.124 and/or other department regulations to provide personal care services and LPN/RN nursing services to persons eligible to receive said services, and WHEREAS, the Department of Social Services is desirous of obtaining personal care services and LPN/RN nursing services to be rendered to recipients of medical assistance for which reimbursement is available pursuant to Title XIX of the Federal Social Security Act and applicable state law and which are eligible for reimbursement thereto. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between the County’s Department of Social Services and the Community Health and Home Care for the period of January 1, 2006 through December 31, 2006 for personal care services, at no cost to the Social Services Department, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 17A Motion by Bleiler, Second by Fagan. RE: MOTION TO TABLE RESOLUTION NO. 17 BE IT RESOLVED, that Resolution No. 17 is hereby tabled for further discussion. Vote: 6-1. No: Bingell. RESOLUTION NO. 17 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS – BUILDINGS & GROUNDS - TABLED WHEREAS, the security entrance to the Courthouse Complex does not have a second set of doors to create a chamber preventing the direct flow of cold air into the building causing the halls and rooms to be cold in the winter, and WHEREAS, the court offices are going to have a baggage x-ray machine installed which will require some building renovations, and WHEREAS, a new entry addition will improve both the flow of pedestrian traffic in and out of the building as well as save energy by preventing the cold air from blowing in. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Hunt Engineers Architects & Surveyors for Schematic Design and contract documents at a cost of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 5 $18,700 with reimbursable costs not to exceed $1,000 and construction supervision to be done at an hourly rate not to exceed $7,000; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that funding for said work shall be paid from Capital Reserve Account No. 004-0004-0878. DISCUSSION: Legislator Bleiler said he feels the $18,700 does not need to spent right now and he would like to see about the other major building plans first. If we are going to hear about the other building plans in January, why not wait. Legislator Fagan agreed. Legislator Bingell said if they leave our other buildings it is costing them money and she said she thinks they should move ahead. There will be other needs down the road also. If it is left for later then it would not be good. The Justice system will help with this project. Legislator Yuhasz asked for clarification. David Lisk said he had money in his budget for this project, correct? Administrator O’Hearn replied, yes. Legislator Slusser wanted to know when the X-ray machine was expected to be installed. Administrator O’Hearn replied that there was no specific time but it would probably be in the spring. Legislator Slusser said he thought that a month to wait was not that big of a deal. Legislator Yuhasz said he felt that this project would help with saving energy. Legislator Slusser inquired about what the Court had for a timeframe for this project. O’Hearn said that he understood that it was flexible and they had no timetable but if this was not taking place then they will not get the screening machine. RESOLUTION NO. 18 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT AND/OR PURCHASE OF EQUIPMENT/VEHICLES - HIGHWAY DEPARTMENT WHEREAS, in accordance with Section 103 of 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 $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section, and WHEREAS, funding is available in the 2006 Machinery budget for the purchase of the following equipment and the 2006 General Fund Central Garage budget for the following vehicles: a. One One Ton 4 X 2 Roll Back, one Material Spreaders and one Excavator - Highway Department b. Central Garage Purchases as follows: One Pick-up Truck - Sheriff One Pick-up Truck – Buildings and Grounds One 12 Passenger Van – Office for the Aging Two Pick-up Trucks - Highway One Pick-up Truck – Weights and Measures. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to set specifications and to advertise for bids for the preceding equipment and vehicles and/or utilize State Bid Contract Vendors. Vote: 7-0. RESOLUTION NO. 19 Motion by Bingell, Second by Larison. RE: RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT WHEREAS, a Project for the replacement of BIN 3332490, CR 06 over Taughannock Creek, Schuyler County, PIN 6753.25 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the 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 3332490, CR36 over Taughannock Creek, Schuyler County, PIN 6753.25. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 6 BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $136,500 is hereby appropriated in the 2006 budget, 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 NYSDOT 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: 7-0. RESOLUTION NO. 20 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 2006 WHEREAS, in accordance with Section 103 of 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 $20,000 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 County Highway Superintendent be authorized to advertise for bids for materials and supplies for 2006 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: 7-0. RESOLUTION NO. 21 Motion by Bingell, Second by Larison. RE: AUTHORIZE ENGINEERING CONSULTANT AGREEMENT WITH HUNT ENGINEERS FOR THE DESIGN OF STILLWELL ROAD BRIDGE REPLACEMENT - HIGHWAY WHEREAS, the replacement of BIN 3332390, Stillwell Road Bridge over Taughannock Creek is a Federal-aid eligible project, and WHEREAS, there is money available in the 2006 budget account 5020.400 to pay for said services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for engineering services for the replacement of Stillwell Road Bridge over Taughannock Creek, contract subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 22 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH COURT APPOINTED SPECIAL ADVOCATE (CASA) FOR 2006 WHEREAS, Resolution No. 370-05 requested funding for CASA out of the 2006 budget appropriations, and WHEREAS, the budget was passed on November 21, 2005 and allocated $4,500 for CASA. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with CASA in the amount of $4,500 for the term January 1, 2006 through December 31, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 7 2006, funding available in the 2006 budget account no. 6310.401; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 23 Motion by Larison, Second by Bingell. 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 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 2006, 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: 7-0. RESOLUTION NO. 24 Motion by Larison, Second by Bingell. 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, 2006 through December 31, 2006, to wit: BARGAINING UNIT COMMITTEES County Administrator Human Resources Director Co-Chief Negotiators Appropriate Jurisdictional Committee Chairs CHILD CARE COORDINATING COUNCIL Sharon Bingell FINGER LAKES RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL, INC. Jim Ochterski FIRE SAFETY ADVISORY BOARD Brian Hudson/Tim Hudson – Beaver Dams Jason Kelly/Curt Connelly – Burdett Richard Robertson/William Ward – Mecklenburg Bill Mullaney/Larry States – Monterey Tom Carson/Jim Ryan – Montour Falls Robert Franklin/Todd Thoman – Odessa Eric Anderson/Al Buckland – Tyrone Mike Hicks/John Mason – Valois-Logan Hector Robert DeDominick/Charles Smith, Sr. – Watkins Glen Glenn Larison – Legislator INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Thomas M. Gifford ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 8 Glenn R. Larison Stacy B. Husted LOCAL EARLY INTERVENTION COORDINATING COUNCIL David Lambert, NYS Dept. of Health Dawn Calling, WGCS District Greg Conklin, OMCS District Erik Miller, Provider Lisa Crouch, ARC Michelle Myers, Provider Laurie Hanlon, Provider Beverly Clickner, Social Services Arnab Bagchi, Mental Health Nancy Blencowe, Parent JoAnn Carson, Parent Nancy St. Julien, Parent Christine Keough, Parent Michelle Pardee, Parent Pauline Heath, Parent Ken Seaman, Parent Marcia Early Intervention Official Peggy Tomassi, Child Care JoAnn Fratarcangelo, Youth Bureau Michael Yuhasz, Legislator PROFESSIONAL ADVISORY COMMITTEE Terry, MD, Medical Director Elizabeth Hayes, Member at Large Doolittle, Member at Large Pamela Larnard, Mental Health Deputy Director Marcia Deputy Director Public Health Michael Yuhasz, Legislator Michelle Myers, Schuyler Hospital Therapy Ruth Bedient, Member at Large Tom Gifford, Chairman of the Legislature Jill Mental Health Rita Tague, Schuyler Hospital Mary Galvin, Schuyler Hospital Shannon Slater, OFA Sarah Mathews, DSS Lori Phillips, Director of Patient Services Deb Woodard, Americare Michele Fritz, Stafkings Jane Aniskevich, VA Judy Delgotto, Southern Tier Hospice Michael Sandritter, PT Vote: 7-0. RESOLUTION NO. 25 Motion by Bleiler, Second by Bingell. RE: TWO-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, 2006 through December 31, 2007, to wit: EOP BOARD OF DIRECTORS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 9 Sharon S. Bingell FINGER LAKES ASSOCIATION Michael A. Yuhasz FISH & WILDLIFE MANAGEMENT BOARD Wayne Dimmick Glenn R. Larison Delmar F. Bleiler FOREST PRACTICE BOARD Glenn R. Larison HISTORICAL SOCIETY BOARD OF TRUSTEES Doris L. Karius OFFICE FOR THE AGING ADVISORY COUNCIL Sharon S. Bingell Thomas M. Gifford William Anderson, Reading Beverly Vona, Watkins Glen PLANNING COMMISSION Hazel Raplee, Town of Tyrone Donna Kelley, Village of Montour Frank Gigliotti, Town of Reading Dave Quartltere, Business SCHUYLER HEAD START BOARD OF DIRECTORS Sharon Bingell STC REGIONAL PLANNING & DEVELOPMENT BOARD Tom Gifford Dennis Fagan Danielle Hauteniemi Kelsey Jones, Member at Large QUEEN CATHARINE STEERING COMMITTEE Dennis Fagan Vote: 7-0. RESOLUTION NO. 26 Motion by Bleiler, Second by Bingell. 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, 2006 through December 31, 2008, to wit: FOREST PRACTICE BOARD Brian Knox RSVP ADVISORY COUNCIL Glenn Larison SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY Jerry Marvel Carl Taber SCOPED Chairman of the Legislature Chairman of the Community Development & Natural Resources Committee or designee SOIL AND WATER CONSERVATION BOARD Glenn Larison Doug Learn, Grange Doris Karius James Hazlitt, Farm Bureau ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 10 WORKFORCE DEVELOPMENT BOARD Jim Wilson, ARC Michael Gehl, Falls YOUTH BOARD Robert Dunphy, Member at Large Vote: 7-0. RESOLUTION NO. 27 Motion by Bleiler, Second by Bingell. 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, 2006 through December 31, 2009, to wit: ALCOHOLSIM AND SUBSTANCE ABUSE Marcia Bill Yessman William Sullivan AGRICULTURE & FARMLAND PROTECTION BOARD Delmar Bleiler Doris Karius AUDITING COMMITTEE Dennis Fagan Delmar Bleiler COMMUNITY SERVICES BOARD Marcia Cheryl Pruett, PhD Glenn Larison COOPERATIVE EXTENSION Doris Karius MENTAL HEALTH SUBCOMMITTEES Lori Phillips John Hayes MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES Linda Jorgensen Sandra Just Glenn Larison SOUTHERN TIER REGIONAL EMERGENCY MEDICAL SYSTEMS (STREMS) Gerry Gapp Vote: 7-0. RESOLUTION NO. 28 Motion by Bleiler, Second by Bingell. RE: ONE TO 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 FOLLOWING TERMS, to wit: EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Richard Churches 1/01/06 – 12/31/08 William Kennedy 1/01/06 – 12/31/07 Ptl. Richard Pierce 1/01/06 – 12/31/08 Thomas M. Gifford 1/01/06 – 12/31/06 Glenn Larison 1/01/06 – 12/31/07 Greg Mathews 1/01/06 – 12/31/08 William Yessman 1/01/06 – 12/31/08 Robert Michael 1/01/06 – 12/31/07 Charles Franzese 1/01/06 – 12/31/06 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 11 Nicholas Dugo 1/01/06 – 12/31/07 Jason Kelly 1/01/06 – 12/31/07 David Stewart 1/01/06 – 12/31/07 LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICTS APPOINTMENT OF COMMISSIONERS/DIRECTORS Dennis Fagan 1/01/06 – 12/31/07 Melissa Miller 1/01/06 – 12/31/07 Kay Houghtaling 1/01/06 – 12/31/07 Gordon Shafer 1/01/06 – 12/31/09 Vickie 1/01/06 – 12/31/09 Elaine Ex-Official Vote: 7-0. RESOLUTION NO. 29 Motion by Bleiler, Second by Bingell. RE: TWO-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, 2005 through December 31, 2006, to wit: OFFICE FOR THE AGING ADVISORY COUNCIL Beth MacIntyre-Lisk, RSVP Joette McBride, Hector (East) Janine Benjamin-Kuel, Schuyler Hosital Dorothy Huey, Tyrone Verna Shrout, Catherine Marjorie Tewksbury, Montour Falls Doolittle, Consumer Marcia Home Health Marie Scott, ARC Robert Burnside, Dix Charles Young, Orange William Weiss, DSS Ida Landrum, Burdett Vote: 7-0. RESOLUTION NO. 30 Motion by Larison, Second by Bingell. RE: MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three Resolutions be brought to the floor. Vote: 7-0. RESOLUTION NO. 31 Motion by Larison, Second by Bleiler. RE: ESTABLISH A CAPITAL IMPROVEMENT RESERVE ACCOUNT WHEREAS, the County has been allocated the amount of $1,442,582.34 from the New York Counties Tobacco Trust V Bond Refinancing, and WHEREAS, the Schuyler Tobacco Asset Securitization Corporation members have suggested to the Legislature to dedicate those funds towards capital improvements for the county. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to establish a capital improvement reserve account, in the amount of $1,442,582.34 to be used for capital improvements. DISCUSSION: Legislator Fagan asked if this was the full amount of Tobacco money. Administrator O’Hearn replied, yes. Vote: 7-0. RESOLUTION NO. 32 Motion by Larison, Second by Bleiler. RE: AMEND THE ADOPTED 2006 SALARY SCHEDULE WHEREAS, a Cost of Living Adjustment for a management level position in the Office for the Aging ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 12 was erroneously omitted.from the adopted 2006 Salary Schedule. NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2006, as on file, is amended effective January 1, 2006. Vote: 7-0. RESOLUTION NO. 33 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE ESTABLISHED INTERNAL REVENUE SERVICE (IRS) PREVAILING RATE FOR MILEAGE TO BE PAID TO ALL VOLUNTEERS PROVIDING TRANSPORTATION ON BEHALF OF COUNTY DEPARTMENTS WHEREAS, with respect to the high price of fuel, the Management & Finance Committee members recommend all volunteers providing transportation on behalf of County Departments be paid a higher mileage rate reimbursement. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes all volunteers providing transportation on behalf of County Departments, to be paid the established IRS prevailing rate for mileage effective January 1, 2006. Vote: 7-0. NEW BUSINESS: Legislator Fagan mentioned that the Empire Zone Development draft was in the packet and if you would like more information on it, to come to the Community Development & Natural Resources Committee meeting. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported on the Wind Power project. The Resolution was going to be presented this evening, but after meeting with Attorney Coleman and the Real Property Tax Agency director, it was pulled for now and will be reviewed in committee for further discussion. Legislator Fagan asked why it was pulled. Administrator O’Hearn said that there was some confusion on the wording but it should be ready to be adopted next month. He then updated everyone on the Route 414 traffic study. He indicated that there would be more information coming soon. As for an update on the County Building project, he reported that he is still working on plans with David Lisk, the Building Maintenance Supervisor. He would like to give a formal report later this month. He also reported on the draft grant application which was handed out to all Legislators in their meeting packets. After the meeting he will be going to the Watkins Glen School District Board Meeting to provide a presentation on the grant application and the Inter-Municipal Records Management Plan. He indicated that he hoped to have the application in the mail by the next day. The grant award amount can be as much as $500,000, however they would only be applying for $350,000. The application was structured so if it comes up shorter from the State, it would be okay. The Town of Dix board meets later in the week and will be discussing it at that meeting. He then acknowledged Kathy Walruth, Records Management Officer, for her hard work putting the application together. Legislator Fagan asked for clarifications on the cost of $60,000 for salaries in the application. O’Hearn indicated that this was for operational costs, including two staff. He said that he was confident that the grant will fair well and was open to further discussion. Legislator Bleiler asked for clarification if this was going to be a shared facility, then it would also be shared services and staff, correct? O’Hearn replied yes. PUBLIC PARTICIPATION: Mr. George Maylor stood and said he had some questions about Chemung Transit. He wondered if the Senior Citizen discount for riders of the Chemung Transit in Schuyler County was removed in the budget. Administrator O’Hearn said he was not aware of the discount. Mr. Maylor said he was talking about the disabled and senior’s not receiving their discounts anymore. This information came from Chemung Transit workers not riders. Legislator Slusser said that it appears that Chemung Transit was not keeping us in the loop again. Legislator Bleiler replied that Mr. Maylor was saying that this information came from workers. Mr. Maylor clarified that the information actually came from a person that collects the fairs of riders. Administrator O’Hearn said he would look into it. The Meeting adjourned at 6:55 P.M. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 13 Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING FEBRUARY 13, 2006 The February 13, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. 7:00 PM - PRESENTATION BY NATIONAL WEATHER SERVICE ON SCHUYLER COUNTY BEING DECLARED STORM READY: Dave Nicosia who is the Warning Coordination Meteorologist at the National Weather Service forecast office in Binghamton, presented the Schuyler County Emergency Management Director, William Kennedy, with certifications and two highway signs that signify the Emergency Management team has completed a set of criteria to earn the Storm Ready distinction. He explained that it is NOAA’s job is to warn the public of approaching storms and that they need a close relationship with the County Emergency Management office. He stated that Schuyler is one of thirteen Counties in New York State that have been designated as Storm Ready. He continued with stating that in order for a County to be recognized as Storm Ready a community must establish a 24-hour warning point and emergency operations center, have more than one way to receive severe weather forecasts and warnings and ways to alert the public, create a system that monitors local weather conditions, promote the importance of public readiness through community seminars and develop a formal hazardous weather plan which includes training severe weather spotters and holding emergency exercises. He discussed Schuyler’s history of severe weather and said that at least two tornados and forty-three severe thunderstorms had occurred in the last twenty years. There was also some discussion about Schuyler being susceptible to flooding or flash flooding and other winter storms. There was some additional discussion about Seneca Lake being one of the largest Finger Lakes and that it could flood residents in Schuyler County. The presentation went on to stress the importance of being prepared. He also mentioned that only one County in Louisiana is considered Storm Ready, while every County in Florida is Storm Ready. The Storm Ready program started in 1999 and is a voluntary program that helps communities plan to handle severe weather and flooding threats. It provides communities with advice from a partnership between local National Weather Service forecast offices and state and local emergency managers. Legislator Larison Commended William Kennedy for getting Schuyler County Storm Ready. The presentation ended at 7:15 p.m. RESOLUTION NO. 34 Motion by Bingell, Second by Larison. RE: APPROVE MINUTES OF THE JANUARY 9, REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the January 9, 2006 Regular Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 35 Motion by Bingell, Second by Yuhasz. RE: RECOGNIZE MARCH 2006 AS NATIONAL COLORECTAL CANCER AWARENESS MONTH – PUBLIC HEALTH WHEREAS, colorectal cancer is one of the most preventable cancers, and WHEREAS, regular screening can actually prevent the disease and diagnose it in its early more easily treated stages, and WHEREAS, colorectal cancer is preventable, treatable and beatable, and WHEREAS, thousands of lives can be saved through screening. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March 2006 as National Colorectal Cancer Awareness Month Vote: 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 14 RESOLUTION NO. 36 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH STAFKINGS FOR HOME HEALTH SERVICES – PUBLIC HEALTH WHEREAS, the Schuyler County Home Health Agency contracts with Stafkings to provide home health services, and WHEREAS, Stafkings has agreed to continue providing home health services with no increase in rates for 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Stafkings to provide home health services, at the wage rates indicated, and addressing Licensed Practical Nurse (LPN) service rate range and LPN overtime rate range, for the period January 1, 2006 through December 31, 2006, funding available in the 2006 Public Health budget, account no. 4010.490, subject to the approval of the County Attorney. Home Care Nursing Rates: Home Health Aide $16.40 per hour Personal Care Aide $16.40 per hour Homemaker $16.40 per hour Licensed Practical Nurse $21.25 - $23.68 per hour Overtime - LPN $27.54 - $30.60 per hour Registered Nurse $27.28 - $33.55 per hour Overtime - RN $36.72 - $43.35 per hour On Call - RN $2.04 per hour On Call - RN holiday only $3.06 per hour Mileage $0.38 per mile Cell phone / pagers Reimburse actual cost Vote: 8-0. RESOLUTION NO. 37 Motion by Bingell, Second by Yuhasz. RE: APPOINTMENTS – COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH WHEREAS, the Community Home Care Professional Advisory Committee received a resignation from Doolittle, and WHEREAS, Shannon Cunningham of the Falls Home, Camelia Oswald of Public Health and William J. Weiss of DSS should be added to the membership list. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the deletion of Doolittle and the appointment of Shannon Cunningham, Camelia Oswald and William J. Weiss for the term January 1, 2006 through December 31, 2006. Vote: 8-0. RESOLUTION NO. 38 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH CHASE BANK FOR THE COMMERCIAL CARD PROGRAM – TREASURER’S OFFICE WHEREAS, the Purchasing Department has been trying to streamline all payments for County business due to many places no longer accepting Purchase Orders and County Vouchers, and WHEREAS, Chase Bank has a commercial 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 Chase Bank to supply us with commercial cards to be used strictly for County business, at a cost of $50 per month, funding available in account no. 1680.400, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 39 Motion by Larison, Second by Bingell. RE: AUTHORIZE 2006 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS WHEREAS, the Public Works Committee of this Legislature has approved and submitted to this Legislature, Schamel Brothers' proposed Rate Schedule for its consideration and approval, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 15 WHEREAS, this Legislature has considered and concurs with the Public Works Committee's recommendation to accept the proposed rates. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 2006 Seasonal Rate Schedule for its 145 available slips: 2006 SUMMER RATES SLIP WIDTH SLIP FEE WATER & ELECTRIC 8' wide $1,090.00 $100.00 10' wide $1,115.00 $100.00 12' wide $1,150.00 $100.00 14' wide $1,240.00 $100.00 16' wide $1,340.00 $100.00 20 amp Service $100.00 30 amp Service $150.00 Dry Docking w/unlimited use of launch ramp $450.00 2006 TRANSIENT DOCK Without Electric Per hour $ 2.00 Per day $ 40.00 Per week $175.00 Per month $600.00 LAUNCHING RAMP FEES $4.00 per Launch (Tenants: no charge) Unlimited Usage (October 31 through March $45.00 TRUCK CRANE Seasonal Tenants $65.00 per usage plus tax Non-Tenants $75.00 per usage plus tax WINTER STORAGE RATES AT THE DOCK: $15.00 per foot (use of bubbler system is allowed with electrical charges billed additionally) ON LAND: $8.00 per foot HAULING OUT: $3.50 per foot each way MISCELLANEOUS RATES AND CHARGES PUMP OUT: $4.00 per pump out for tenants; $5.00 per pump out for non-tenants TRAILER/CRADLE FEE: Minimum of $30.00 includes handling and storage Vote: 8-0. RESOLUTION NO. 40 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST POSITION/ABOLISH ACCOUNT CLERK TYPIST POSITION – BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Supervisor, the Human Resources Manager and the Personnel Officer have carefully reviewed the job specification of the Account Clerk Typist position in the Buildings and Grounds Department, and WHEREAS, the Account Clerk Typist’s job duties have changed with more emphasis on micro- computers and information processing, and WHEREAS, it is the recommendation of the Public Works Committee, the Human Resources Manager and the Personnel Officer that the Account Clerk Typist title change to Information Processing Specialist to be placed in Grade Level 12, at an hourly rate of $13.32 per hour, for the efficient operation of the Buildings and Grounds Department and to more appropriately reflect the job responsibilities, and the County Administrator concurs with said recommendation, and WHEREAS, there is money in the 2006 Buildings Personal Services budget account no. 1620.100 to cover the cost of said change. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 16 NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby authorized to create the title of Information Processing Specialist to be less than full-time, 20 hours a week in Grade Level 12, at an hourly rate of $13.32, effective immediately, and BE IT FURTHER RESOLVED, that the title of Account Clerk Typist in the Buildings and Grounds Department be hereby abolished. Vote: 8-0. RESOLUTION NO. 41 Motion by Karius, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH COTT SYSTEMS FOR INDEXING SERVICES FOR THE YEARS 2006–2009 - COUNTY CLERK WHEREAS, the County Clerk contracts with Cott Systems for microfilm indexing services, and WHEREAS, the agreement will be a four-year agreement, with an increase in cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with Cott Systems in the amount not to exceed $14,184 annually, for a term of January 1, 2006 through December 31, 2009, funding will be available in the 2006 budget account no. 1410.428-Microfilming; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 42 Motion by Karius, Second by Bingell. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING THAT NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM WASTE ENERGY SYSTEM WHEREAS, Real Property Tax Law §487 provides an exemption from taxation for certain solar or wind energy systems or farm waste energy systems, and WHEREAS, Real Property Tax Law §487(8) permits a county to adopt legislation to provide that no exemption shall be applicable with respect to any solar or wind energy system. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2006 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 13, 2006 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 1 OF THE YEAR 2006 A Local Law providing that no exemption under Real Property Tax Law §487 be applicable within our jurisdiction with respect to any solar or wind energy system or farm waste energy system. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1: LEGISLATIVE INTENT It is the intent of this Local Law to provide no exemption from taxation as authorized in Real Property Tax Law §487. SECTION 2: EXEMPTION FROM TAXATION No exemption from taxation shall be applicable with respect to any solar or wind energy system or farm waste energy system. SECTION 3: EFFECTIVE DATE: This Local Law shall take effect immediately upon passage. Vote: 8-0. RESOLUTION NO. 43 Motion by Karius, Second by Bingell. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION ALLOWING SCHUYLER COUNTY TO CONVEY LANDS TO THE STATE IN RETURN OF LAND FOR RADIO TOWER PLACEMENT WHEREAS, the current Schuyler County Emergency Services Communications System does not provide adequate radio coverage for the emergency response agencies, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 17 WHEAEAS, the Emergency Management Office has been working with the New York State Department of Environmental Conservation (DEC) to acquire land that would provide for a radio tower site suitable to enhance the current communications system, and WHEREAS, Schuyler County owns land on Chambers Road in the Town of Orange that would be conveyed- fifty acres to the State in return for five acres of land on Tower Hill Road in the Town of Tyrone. 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 convey lands as above-described to the State and to receive replacement lands in substitution therefore, 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: 8-0. RESOLUTION NO. 44 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE CREATION AND FILLING OF A PART-TIME COOK POSITION IN THE JAIL – SHERIFF’S DEPARTMENT WHEREAS, an additional part-time Cook position is needed in the jail, and funds are available in the Sheriff’s 2006 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to create and fill one part-time Cook position at an hourly rate of $11.38 per hour effective immediately. Vote: 8-0. RESOLUTION NO. 45 Motion by Fagan, Second by Bleiler. RE: AUTHORIZATION TO APPLY FOR 2006 BYRNE ANTI-DRUG FUNDS – SHERIFF’S DEPARTMENT WHEREAS, money is available each year under the Byrne Anti-Drug Funds, and WHEREAS, $22,500 will be made available with a 25% matching funds from the Sheriff’s Department Budget, which has been budgeted for the year 2006 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to apply for these Byrne Anti-Drug Funds and that the Chairman of the Legislature is authorized to sign any and all applications upon approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 46 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE CHAIRMAN TO SIGN THE AQUATIC INVASIVE SPECIES ERADICATION GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT (SCHUYLER COUNTY) FOR LAMOKA LAKE BE IT RESOLVED, that Thomas M. Gifford, as Chairman of the Schuyler County Legislature, is hereby authorized and directed to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $100,000, and upon approval of said request to enter into an execute a State Assistance Contract with the New York State Department of Environmental Conservation for such financial assistance to the Lamoka/Waneta Lakes Protection and Rehabilitation District (Schuyler County) for Lamoka Lake EWM Eradication Project, and further, to carry out and comply with the terms of such project agreement. Vote: 8-0. RESOLUTION NO. 47 Motion by Fagan, Second by Bingell. RE: AUTHORIZE CHAIRMAN TO SIGN THE AQUATIC INVASIVE SPECIES ERADICATION GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT (SCHUYLER COUNTY) FOR WANETA LAKE BE IT RESOLVED, that Thomas M. Gifford, as Chairman of the Schuyler County Legislature, is hereby authorized and directed to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $20,000, and upon approval of said request to enter into an execute a State Assistance Contract with the New York State Department of Environmental Conservation for such ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 18 financial assistance to the Lamoka/Waneta Lakes Protection and Rehabilitation District (Schuyler County) for Waneta Lake EWM Eradication Project, and further, to carry out and comply with the terms of such project agreement. Vote: 8-0. RESOLUTION NO. 48 Motion by Fagan, Second by Bingell. RE: AUTHORIZE APPLICATION FOR 2005-2006 SECTION 5311 ANNUAL OPERATING ASSISTANCE WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a project to provide for Public Mass Transportation Service for Schuyler County, for the 2005 and 2006 fiscal years, and WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement for a ten-year period, which authorizes the undertaking of the Project and payment of the Federal Share, identified as State Contract No. C003673. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on behalf of the County of Schuyler to sign the annual grant application and process and complete the above named project, and BE IT FURTHER RESOLVED, that the County of Schuyler is contracting with a third party subcontractor for the project described above, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts or agreements between the County of Schuyler and any third party subcontractor necessary to complete the above named Project, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 49 Motion by Fagan, Second by Bingell. RE: SUPPLEMENTAL AGREEMENT FOR THE CONSTRUCTION INSPECTION AND ROW OF CR- 06 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 256-03 authorized an agreement with Hunt Engineers for the design of County Route 06 bridge replacement, and WHEREAS, the replacement of PIN 6753.25, BIN 3332490, CR 06 over Taughannock Creek is a Federal-aid eligible project, and WHEREAS, a supplemental agreement is necessary for additional design, ROW survey and acquisitions, and construction inspection services, necessary, but not assumed in the original agreement., and WHEREAS, Hunt Engineers 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 $188,000.00, funding available in the 2006 budget account no. 5020.400; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 50 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT RENEWAL WITH DIANE HABECK – HEALTH SERVICES WHEREAS, the Coordinator of Fiscal Operations and Budgetary Planning is still in need of consultation with Diane Habeck, and WHEREAS, funds are available in the 2006 County budget account no. 4310.435 to pay for this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Diane Habeck for consultation services at a rate of $75 an hour, in an amount not to exceed $7,500.00, effective January 1, 2006 through December 31, 2006; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 51 Motion by Larison, Second by Bleiler. RE: ONE-YEAR APPOINTMENTS ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 19 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, 2006 through December 31, 2006, to wit: ENVIRONMENTAL MANAGEMENT COUNCIL Amy Fleet, County Planning (replacing Michelle Benjamin – unexpired term through December 31, 2006) PLANNING COMMISSION Debra Cox, Town of Montour (unexpired term for John Q. Smith through December 31, 2006) YOUTH BOARD Charlotte Hall Judah Baker Mel Shroeder Vote: 8-0. RESOLUTION NO. 52 Motion by Larison, Second by Bleiler. RE: TWO-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, 2006 through December 31, 2007, to wit: ENVIRONMENTAL MANAGEMENT COUNCIL Margaret Ball, Student Rita Decker, Village of Odessa Dennis Fagan Andrew Neilson, Student Harold Russell, Town of Dix Dan Teed, Member at Large PLANNING COMMISSION Timothy Benjamin STC HUMAN SERVICES Sharon Bingell Vote: 8-0. RESOLUTION NO. 53 Motion by Larison, Second by Yuhasz. 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, 2006 through December 31, 2008, to wit: YOUTH BOARD Mary Wilson Vote: 8-0. RESOLUTION NO. 54 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE DISTRICT MANAGEMENT ASSOCIATION BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Danielle Hauteniemi, Schuyler County Planning to represent the County at the Watkins Glen District Management Association meetings. Vote: 8-0. RESOLUTION NO. 55 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO MENTAL HEALTH SUBCOMMITTEE AND MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Sue Brill to the Mental Health Committee for the third term January 1, 2004 through December 31, 2006 and Christine Keough to the MR/DD Committee for the unexpired term of January 1, 2006 through December 31, 2008. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 20 Vote: 8-0. RESOLUTION NO. 56 Motion by Bleiler, Second by Karius. RE: AUTHORIZE AMENDMENT OF RESOLUTION NO. 94-04 FOR THE APPOINTMENT TO THE INFORMATION ADVISORY COMMITTEE BE IT RESOLVED, that the Schuyler County Legislature approves the amendment to Resolution No. 94-04 by removing Tim Tostanoski, Board and Bob Wixson, SCT Computing from the Information Advisory Committee and replacing them with Timothy O’Hearn, County Administrator and Loren Cottrell, Danica Computing. Vote: 8-0. RESOLUTION NO. 57 Motion by Bleiler, Second by Karius. RE: ACCEPT/REJECT BIDS FOR THE PURCHASE OF TWO NEW 16' STAINLESS STEEL MATERIAL/SALT SPREADERS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 18-06 authorized advertisement for bids for the purchase of two new stainless steel material salt spreaders, and WHEREAS, bids were opened February 1, 2006 and reviewed with the recommendation being made by the Highway Superintendent to accept the bid from Smart Systems, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Smart Systems, Inc. for the purchase of two 16’ stainless steel material salt spreaders at the bid price of $22,503.00; funds available in the 2006 budget account number 5130.262, and BE IT FURTHER RESOLVED, that all other bids received be hereby rejected, with a note of appreciation for their participation. Vote: 8-0. RESOLUTION NO. 58 Motion by Bleiler, Second by Karius. RE: ACCEPT/REJECT BIDS FOR ONE EXCAVATOR – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 18-06 authorized advertisement for bids for one Excavator, and WHEREAS, bids were opened February 1, 2006 and reviewed with the recommendation being made by the Highway Superintendent to accept the bid from Vantage Equipment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following bid from Vantage Equipment for a 2005 Volvo EW180B in the amount of $152,078.00; funds available in the 2006 budget account number 5130.295, and BE IT FURTHER RESOLVED, that all other bids received are hereby rejected, with a note of appreciation for their participation. Vote: 8-0. RESOLUTION NO. 59 Motion by Larison, Second by Bingell. RE: DECLARE EQUIPMENT SURPLUS AND SELL TO TOWN OF READING – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has one 1990 Cruise-Air Extend-A-Hoe Excavator, Serial #44429254 asset # 529, with one Wrist-O-Twist bucket serial #896 Asset # 532 and one 60”Ditching Bucket asset # 530 which is being replaced, and WHEREAS, the Highway Department requested quotes from all Schuyler County Towns and Villages, and WHEREAS, the Town of Reading is the only municipality that has expressed interest in purchasing this equipment. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment as surplus, and BE IT FURTHER RESOLVED, that the item be sold to the Town of Reading for the sum of $8,500. Vote: 8-0. RESOLUTION NO. 60 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT WITH NATIONAL EMPLOYERS COUNCIL, INC. FOR UNEMPLOYMENT COST CONTROL SERVICES – HUMAN RESOURCES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 21 WHEREAS, the County has averaged almost $24,000 annually on unemployment insurance benefits for the past three years, and WHEREAS, the state’s regulations regarding Unemployment Insurance are numerous and complex, requiring professional guidance, and WHEREAS, it is the recommendation of the Human Resources Director in concurrence with the County Treasurer and with the approval of the County Administrator, that the County contract with National Employers Council, Inc. to administer the county’s unemployment insurance in an effort to reduce costs through:  Data Processing/Auditing of Claims  Representative to the State for processing all unemployment claims and responding to all unemployment related correspondence.  Training of HR Staff on the unemployment compensation program, as well as keeping staff up to date of legislative changes in the law.  Training of other county staff on misconduct, documentation and warnings, absenteeism and other topics.  Consultation Helpline for all Supervisors. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with National Employers Council, Inc. for the provision of Unemployment Cost Control Services as outlined above for a term of March 1, 2006 through February 28, 2007 at a quarterly charge of $450, including an initial workshop and set-up fee of $450, funding available in the 2006 budget, account no. 9050.805-Unemployment Insurance; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 61 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 28-06 TITLED “ONE TO FOUR YEAR APPOINTMENTS” BE IT RESOLVED, the Resolution No. 28-06 be amended to remove Glenn Larison from the Emergency Medical and Highway Safety Committee and replace him with Delmar Bleiler for the term January 1, 2006 through December 31, 2007. Vote: 8-0. RESOLUTION NO. 62A Motion by Bleiler, Second by Bingell. RE: MOTION TO AMEND RESOLUTION NO. 62 BE IT RESOLVED, that Legislator Daryl Slusser not be removed from the Health Insurance Review Committee as the Legislative Representative Vote: 8-0. RESOLUTION NO. 62 Motion by Larison, Second by Bingell. RE: APPOINTMENT – HEALTH INSURANCE REVIEW COMMITTEE – AS AMENDED BE IT RESOLVED, that Legislator Delmar Bleiler be appointed as an additional Legislative Representative to the Health Insurance Review Committee. DISCUSSION: Legislator Slusser suggested not removing him from the Health Insurance Review Committee but to have him and Legislator Bleiler on the Committee. Legislator Bleiler stated that he felt that having two Legislators on the Committee was appropriate Vote: 8-0. RESOLUTION NO. 63 Motion by Larison, Second by Bingell. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. Vote: 8-0. RESOLUTION NO. 64 Motion by Larison, Second by Bingell. RE: APPROVING A PARTIAL RELEASE OF MORTGAGE FOR PROPOERTY CONVEYED BY SCHUYLER REDEVELOPMENT, LLC TO CHICONE BUILDERS WHEREAS, by Resolution No. 161-02 the Schuyler County Legislature applied for the Governor’s Office of Small Cities (GOSC) of up to $750,000 to assist Schuyler Redevelopment, LLC in defraying the costs of redeveloping the former Shepard Niles premises, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 22 WHEREAS, wishes to sell a portion of the former Shepard Niles, Inc. site to Chicone Builders, and WHEREAS, Schuyler County needs to approve of the lien of Schuyler County Industrial Development Agency’s (SCIDA) mortgage released from this property to convey clear title to Chicone Builders, and WHEREAS, approval by Schuyler County as the lead agent is necessary as part of the terms of several grant and loan agreements between the Governor’s Office of Small Cities (GOSC), Schuyler County, SCIDA and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves a partial release of mortgage for property conveyed by to Chicone Builders. DISCUSSION: Legislator Fagan asked specifically where the property was located. Administrator O’Hearn replied that it was located behind the Office for the Aging building and a storage building was located on it. Legislator Fagan wanted to know what impact it would have on the property. Administrator O’Hearn replied that there would not be any impact. Legislator Slusser questioned if this was not included in the loan agreement. Chairman Gifford stated that this must be located on the mortgage and now needs a release. Legislator Slusser also noted that the value determination was not included. Vote: 8-0. RESOLUTION NO. 65 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR CONTINUED ENGINEERING SERVICES – BUILDINGS AND GROUNDS WHEREAS, the Building Maintenance Supervisor is in need of additional engineering services relative to the reallocation study of office space for county offices, and WHEREAS, Hunt Engineers, Architects and Surveyors are the original engineers who provided original drawings for the study in 2005. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with Hunt Engineers for continued engineering services in the amount of $5,800, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, said agreement to be funded from the Buildings and Grounds account no. 1620.435. DISCUSSION: Legislator Karius expressed concern in regard to how much money had already been spent on studies and now there is a need for additional studies. Administrator O’Hearn replied that this particular study is needed in order to move forward with the project. Legislator Karius said she would be voting no on this resolution. Legislator Slusser asked for additional clarification and Legislator Fagan indicated that he had understood that now the project plans had changed to possibly include adding additional Human Service Programs into the mix which would change the original plans making it necessary for this resolution. Vote: 7-1. No: Karius. RESOLUTION NO. 66 Motion by Larison, Second by Bingell. RE: ACCEPT RESIGNATION AND AUTHORIZE SEPARATION AGREEMENT WHEREAS, the Office for the Aging Director has submitted his resignation, effective February 14, 2006, and WHEREAS, upon the recommendation of the County Administrator the Legislature wishes to authorize a separation agreement with the Director. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a separation agreement with the Office for the Aging Director effective February 14, 2006; said agreement drafted and approved by labor counsel. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported that he had recently attended the Fish & Wildlife Committee meeting. They were discussing the deer kill population and how it seems to relate the numbers in correlation with the type of Winter Season that has occurred. He said that 8% of deer licenses go towards nuisance licenses. The ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 23 committee is concerned that area hunter’s seem to be from an older generation and there is a need to get younger hunters introduced to the sport. Attorney Coleman added that the next Hunter Education class was to be held April 5th, 7th and 8th and wanted people to pass the word to others. People can sign up at the County Clerk’s office. Legislator Bleiler shared that he had gone to the Town of Cayuta Board Meeting last week and there was some discussion in regards to the new changes with obtaining dog licenses. Soon they will be able to be purchased at Rabies Clinics and there is now a new Law that allows you to choose either a one or three-year term. Additional research was needed to clarify if the new three-year term was now required but the outcome was that it is only an optional term. Legislator Bingell announced that there would be a mini Health Fair held on February 22nd from 10:00am – 12:00pm at the Montour Falls Pharmacy. There would be Colorectal kits available and they would be taking blood pressures. The Healthy Women Partnership would have information available at the fair and Schuyler Hospital will be checking blood sugar. All of this will be provided free of charge. Bingell also reported that she had received the master plan for Department of Transportation and would provide copies to all the Legislators and the County Administrator. She also obtained an updated organizational chart with names and titles of all employees of the Department of Transportation Leadership contacts. Legislator Fagan said that the ten-year update of the Solid Waste Management Plan for Schuyler County is in draft form and available in the Legislative office for review and for public comment. If anyone had concerns they had until March 15th to submit comments. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported on the Council of Government. They have established a steering committee to discuss a uniform Property assessment and code enforcement in the County. The Council has decided that a task force is the best way to tackle the issues. They are inviting all stakeholders, and the next meeting will be on March 2nd. The group will assess the current process and evaluate its efficiency. The next full meeting for the council will be on April 26th. The Council agendas are getting full and they seem to be getting more and more requests from people to present items to the Council of Governments. The Council group seems to be growing. Administrator O’Hearn gave an update on the Tobacco Asset Securitization Committee (TASC). On January 13th, the Governor signed into act that the task falls under a new guideline, there was a packet from Harris Beach recently received in the Administrator’s office. O’Hearn will provide copies to the members. There will also be a training held in June in Syracuse, but the packet explains the information. Legislator Slusser asked to make sure he received a copy of the information. He said that a committee had not been created yet and felt the members had no where to go right now until they receive more direction. Administrator O’Hearn said that by June they should know more. O’Hearn also reported on a recent meeting with Steve Gillette from the Housing Authority of Jefferson Village. They discussed a proposal for an evaluation to look at suitable housing that Gillette has been involved in developing. The Housing Authority has spent money on developing a survey and now needs to figure out how to get this survey out to the public. The funding is limited and they are looking for help with getting it out into the public. The initiative is to find out what the housing needs are for the County rather than focusing just on Montour Falls or Watkins Glen. They are looking for a partnership to evaluate the entire County’s needs. This is currently a volunteer group that is involved with this project. The group projects a cost of between 5,000 of expenses related to the disbursement of the survey. There may be a way to help facilitate assistance with this surveys disbursement. The County could assist with making everyone aware of the survey and maybe partner in the assessment. Legislator Slusser asked for clarification on what group was involved with this survey. O’Hearn replied that it is the Housing Authority that oversees Jefferson Village. PUBLIC PARTICIPATION: Gordon Swarthout from Beaver Dams stood and stated that he has been talking to the County Administrator about a continued concern for a County structure that he claims to be on his property. Mr. Swarthout states that Mr. O’Hearn has assured him that the issue is being worked out. Mr. Swarthout stated that the structure has been on the property since 1999 and went on to say that he figures the County should be paying him about $10 a day until this issue is worked out. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 24 MOTION by Legislator Larison to go into executive session to discuss employee work history, SECOND by Legislator Bleiler. MOTION by Legislator Larison to come out of Executive Session and to accept a resignation and authorize a separation agreement, SECOND by Legislator Bingell. The Meeting adjourned at 7:38 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING MARCH 13, 2006 The March 13, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present except Legislator’s Gifford and Yuhasz who were excused. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. 7:00P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2006 PROVIDING THAT NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM WASTE ENERGY SYSTEM: Ruth Young, resident of the Town of Orange and former Schuyler County Legislator, stood and asked for further explanation of the proposed Local Law. Administrator O’Hearn explained that the current exemption from real property taxes that solar, wind energy systems or a farm waste energy systems are eligible for in the County is now being reviewed for change. By rescinding the exemptions, it makes it possible for developers to arrange for a payment in lieu of taxes (PILOT) agreement that could be established through the County’s Industrial Development Agency. The motivation for this Local Law has originally come from the Steuben County Legislature, who adopted the same Local Law recently. A Wind Power Development Company has proposed a project in the Town of Hornby (Steuben County) and the Town of Orange (Schuyler County). The Steuben County Industrial Development Agency (SCIDA) has taken the lead role with conducting an environmental review process for the proposed project by the Clipper Wind Power Company. O’Hearn further explained that it is important for Schuyler County and the Town of Orange, where the wind turbines are being proposed, to generate revenue from the development of wind farms because such development can result in negative financial impacts. For example, while officials from Clipperwind have said the company would pay for improvements to town roads leading to areas where construction of turbines is planned, the towns would eventually need additional funds to cover the cost to maintain the roads. O’Hearn also said that the current exemptions are applied to the improvements on the property itself and unless local municipalities rescind them, the exemptions are granted automatically by the state’s real property tax law 487. Legislator Fagan says he looks at the law as a way to mitigate opposition from people that don’t want the wind turbines, solar or farm waste energy systems near their property. By doing this the local municipalities are benefiting from these projects. Ruth Young asked for additional clarification being giving some examples of scenarios. She asked what would happen if someone had a farm and put in a methane generator, would they be able to receive an exemption? O’Hearn replied by answering, “no, not necessarily”. They may be able to receive a 10 yr. Exemption under the AG District. Young then asked how this local law would enhance the development of this type of energy. Legislator Bleiler replied that if we did not do this then the IDA would not be moving ahead. O’Hearn stated that he was not sure this is incentive but this is not a disincentive, this does not seem to discourage the use or development, this is just following the suit of other municipals. Young asked who was loosing the exemption – landowner or the company. O’Hearn- replied the land owner, but that may be one in the same. Young also wanted to know how this is handled in other states. O’Hearn said he was not sure. Young said she did not see where it is causing us to look toward the future and encouraging the use of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 25 renewable energy. She said it seems like this may be like a “Rock in the Road” for the development of fossil fuels. Legislator Fagan said this should help not a detriment to green power and should help with the people that do not want it in their back yards, the PILOT is needed. Young also asked what the landowner would receive? They must have a lease agreement, right? Legislator Fagan replied that they do have agreements or leases and usually make out very well. Young stated that she has been a member of American Wind Energy for twenty years and hopes that this company has been checked out to make sure that this company is reputable. O’Hearn stated that all of this will be evaluated, they will have performance bond in the beginning and they are no risk to the municipalities. He acknowledged the concerns and said that they are appreciated. Young stated that unless we take energy conservation seriously, renewable energy by themselves does nothing for us unless they are attached to conservation of energy. Legislator Fagan said he was aware that this is multi-step program. Young clarified what she was trying to say prior. She said that if we are not using less, what are we doing for energy conservation? If we are using less, then every windmill will make a difference. RESOLUTION NO. 67 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE FEBRUARY 13, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the February 13, 2006 Regular Meeting of the Schuyler County Legislature be approved. Vote: 6-0. RESOLUTION NO. 68 Motion by Larison, Second by Bingell. RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Dan Knapp and Mel Schroeder to the Schuyler County Youth Board, for the term January 1, 2006 through December 31, 2008. Vote: 6-0. RESOLUTION NO. 69 Motion by Larison, Second by Bingell. RE: AUTHORIZE ADDITIONAL COMPENSATION FOR DEPUTY OFFICE FOR THE AGING DIRECTOR WHEREAS, the Office for the Aging Director has tendered his resignation effective February 14, 2006, and WHEREAS, there will be a gap in services between the time the current Director leaves and a replacement is found, and WHEREAS, this gap in service necessitates a significant need for additional administrative oversight and responsibility of the Deputy Director. WHEREAS, it is the recommendation of the County Administrator and the Human Services committee that the Deputy Office for the Aging Director receive additional compensation while taking on the additional duties of the Director. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves of additional compensation for the Deputy Office for the Aging Director, Wendy Wolcott, in the amount of $500 a month for the additional duties and responsibilities, effective February 14, 2006 until such time as a new Director assumes the position or other arrangements are made, funding available in the 2006 Office for the Aging budget account no. 6772.100. Vote: 6-0. RESOLUTION NO. 70 Motion by Larison, Second by Bingell. RE: RESOLUTION TO ACCEPT $226,468 IN SETTLEMENT OF MEDICAID OVERPAYMENTS FROM NEW YORK STATE WHEREAS, Social Services Law (SSL) §365(5) provides that the NYS Department of Health (DOH) is responsible for furnishing benefits to “eligible persons when such person is in need of…medical assistance at the time he is discharged or released or conditionally released from a state department of mental hygiene facility ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 26 pursuant to the mental hygiene law and when such person was admitted to such facility and has been a patient therein for a continuous period of five or more years prior to his discharge or release,”, and WHEREAS, SSL §368-a(1)(f) provides that MEDICAID benefits provided to persons described in SSL §365(5) shall be reimbursed by DOH without regard to a local district contribution, and WHEREAS, beneficiaries identified by SSL §365(5) are commonly referred to as “621-eligibles” after the 1974 chapter law that initially described such persons, and WHEREAS, DOH and/or its predecessor NYS Department of Social Services had designated Schuyler County pursuant to SSL §365(5) to act as an agent in discharging DOH’s and/or responsibility in making the necessary eligibility determinations, and WHEREAS, Schuyler County relied in part on information provided by the Office of Mental Health (OMH) and/or the Office of Mental Retardation and Developmental Disabilities (OMRDD) causing both the categorization of certain 621-eligibles as ineligible on the Welfare Management System (WMS) and the MEDICAID Management Information System (MMIS), and the subsequent improper or erroneous local district financial contribution toward the costs of MEDICAID provided to certain 621-eligibles, and WHEREAS, the DOH conducted an extensive record search to identify 621-eligible clients and generated a list of services provided to these 621-eligible clients and compared them with the local share paid by Schuyler County, ultimately arriving at the amount Schuyler County overpaid due to mis-categorization of 621-eligibles, and WHEREAS, the New York State Department of Health is offering Schuyler County $226,468 in full satisfaction of any liability of the State of New York, DOH, OMH and/or OMRDD for any and all local share overpayments made by Schuyler County as a result of improper or erroneous categorization of 621-eligibles for all dates of payments prior to October 1, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the State’s offer of $226,468 in full satisfaction of any liability of the State of New York or its agencies for any and all MEDICAID local share overpayments made by Schuyler County as a result of improper or erroneous categorization of 621-eligibles, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorizes the Chairman of the Legislature to sign the Stipulation of Settlement accepting the State’s offer of $226,468. Vote: 6-0. RESOLUTION NO. 71 Motion by Bingell, Second by Bleiler. RE: RECOGNIZE MARCH 2006 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 2006 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: 6-0. RESOLUTION NO. 72 Motion by Bingell, Second by Bleiler. RE: AMEND 2005 – 2006 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT BUDGET – PUBLIC HEALTH ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 27 WHEREAS, Resolution 324-05 established the budget for the 2005-06 Early Intervention/Children with Special Health Care Needs grant, and WHEREAS, planned expenditures of the grant monies have changed, and these changes necessitate amendments to the original budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2005 - 2006 Public Health Department budget as follows: CHANGE NEW AMOUNT ACCOUNT NO. DESCRIPTION +$1,857 $ 26,013 4010.100-4012 Personnel 643 $ 9,001 4010.489-4012 Fringe Benefits 2,500 $ 2,500 4010-446-4012 MILR Vote: 6-0. RESOLUTION NO. 73 Motion by Bingell, Second by Bleiler. 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. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department charge and collect fees for home health services provided by the Schuyler County Home Health Agency as follows: Skilled Nursing $145.00/visit (unchanged) Physical Therapy $105.00/visit (unchanged) Speech Therapy $110.00/visit (increase $5/hr.) Occupational Therapy $120.00/visit (increase $15/hr.) Medical Social Worker $105.00/visit (unchanged) Personal Care Aide $34.00/hr. (unchanged) Home Health Aide $34.00/hr. (unchanged) Home Telemonitoring $250.00/month (unchanged), and BE IT FURTHER RESOLVED, that actual charges will be assessed using an income-based sliding fee scale. Vote: 6-0. RESOLUTION NO. 74 Motion by Bingell, Second by Bleiler. RE: ESTABLISH 2006-2007 IMMUNIZATION GRANT – PUBLIC HEALTH WHEREAS, Schuyler County’s annual immunization grant will be $18,900 for the period April 1, 2006 through March 31, 2007, and WHEREAS, this grant is 100% State funded. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2006-2007 Immunization Grant Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $ 11,270 4010.100-4022 Personnel $ 3,730 4010.489-4022 Fringe Benefits $ 1,400 4010.400-4022 Contractual $ 2,500 4010.446-4022 Maintenance In Lieu of Rent $ 18,900 4010.3401-4022 Revenue, and 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: 6-0. RESOLUTION NO. 75 Motion by Bingell, Second by Bleiler. RE: ESTABLISH 2006-2007 LEAD GRANT – PUBLIC HEALTH – AS AMENDED BY RES. NO. 76-07 WHEREAS, Schuyler County’s annual lead grant will be $25,000 for the period April 1, 2006 through March 31, 2007. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 28 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2006-2007 Lead Grant Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION $ 14,327 4010.100-4004 Personnel $ 6,023 4010.489-4004 Fringe Benefits $ 1,750 4010.400-4004 Contractual $ 2,500 4010.446-4004 Maintenance in Lieu of Rent $ 750 4010.579-4004 Lead Testing $ 25,350 4010.4401-4004 Revenue, and 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: 6-0. RESOLUTION NO. 76 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AMEND 2006 COUNTY BUDGET - COMMUNITY SERVICES WHEREAS, the New York State Office of Mental Health is prepared to reimburse counties for Federal Salary Sharing claims not previously distributed, and WHEREAS, the Schuyler County Community Services Department is requesting the distribution of $190,650.00 in Federal Salary Sharing Funds, at no local cost. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Mental Health budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$170,650.00 4310.435-4316 Professional Fees - Federal Salary Sharing 20,000.00 4310.200-4316 Equipment-Federal Salary Sharing +$190,650.00 4310.4490-4316 Federal Salary Sharing Revenue Vote: 6-0. RESOLUTION NO. 77 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2006 BUDGET - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) in an amount not to exceed $154,122 for 2006, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aid letter increasing funding to the Council by $11,775. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with the Council on Alcoholism for alcoholism and substance abuse prevention services, increasing the amount of the contract by $11,775 to an amount not to exceed $165,897, subject to the approval of the County Attorney, BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2006 County Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$11,775 4322.550 Council on Alcoholism +$11,775 4322-3490 State Aid - Mental Health Vote: 6-0. RESOLUTION NO. 78 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF A BOOKKEEPER POSITION – TREASURER’S OFFICE WHEREAS, the Sr. Account Clerk Typist position in the Treasurer’s Office has undergone significant changes in duties due to the vacancy of the Chief Accountant Position, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 29 WHEREAS, it is the recommendation of the Management and Finance Committee and the Personnel Officer that the Sr. Account Clerk Typist title change to Bookkeeper to be placed in Grade Level XVI, at an hourly rate of $14.39 per hour, and the County Administrator concurs with said recommendation, and WHEREAS, there is money in the 2006 Treasurer’s account no. 1320.100-Personnel Services to cover the cost of said change. NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is hereby authorized to create the title of Bookkeeper full-time, 35 hours a week in Grade Level XVI, at an hourly rate of $14.39 per hour, retroactive to January 1, 2006. Vote: 6-0. RESOLUTION NO. 79 Motion by Larison, Second by Bingell. RE: AUTHORIZE BIDDING FOR 457 DEFERRED COMPENSATION MODEL PLAN AND CREATION OF DEFERRED COMPENSATION COMMITTEE WHEREAS, Section 9003.5 of the New York State Deferred Compensation Board Rules and Regulations requires that all Deferred Compensation Model Plan contracts and agreements entered into with a financial organization shall be awarded on the basis of a competitive bid and shall not exceed five years in duration, and WHEREAS, the County’s current contract with Nationwide Retirement Solutions for the provisions of deferred compensation services expires December 31, 2006, and WHEREAS, Section 9001.2 of the NYS Deferred Compensation Board Rules and Regulations also requires the formation of a Deferred Compensation Committee to oversee the competitive bidding process. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby executes the authorization to go out to bid in the New York State Register and local paper for the County of Schuyler’s 457 Deferred Compensation Model Plan, and BE IT FURTHER RESOLVED, that the following individuals be appointed to the Deferred Compensation Committee, to wit: Jerry Mickelson - Ciaschi, Dietershagen, Little & Mickelson Daryl Slusser - Legislative Representative Timothy O’Hearn – County Administrator Patricia Emery – Human Resources Administrator/Benefits Manager Margaret Starbuck – Treasurer Teri Baccile – Union Representative Vote: 6-0. RESOLUTION NO. 80 Motion by Larison, Second by Bingell. RE: ADOPT POLICY ESTABLISHING AN ORIENTATION/EXIT PROCESS FOR INDEPENDENT CONTRACTS, VOLUNTEERS OR INTERNS BE IT RESOLVED, that this Legislature hereby adopts the following policy for orientation/exit of independent contracts, volunteers or interns for safety and security purposes: ORIENTATION/EXIT FOR INDEPENDENT CONTRACTORS, VOLUNTEERS OR INTERNS There are instances wherein independent contractors, volunteers or interns retained by the County will need certain orientation items. It will be the responsibility of the Department Administrator to determine the necessary items and request the same from the Human Resources Department. The Human Resources Department will issue and collect the requested items upon the direction of the Department Administrator. Vote: 6-0. RESOLUTION NO. 81 Motion by Larison, Second by Bingell. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE DEPUTY SHERIFF’S ASSOCIATION BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Memorandum of Agreement with the Deputy Sheriff’s Association, as drafted by the Human Resources Director and approved by the County Administrator. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 30 Vote: 6-0. RESOLUTION NO. 82 Motion by Larison, Second by Bingell. RE: AMEND TRAVEL POLICY RELATIVE TO VOLUNTEER TRAINING AND REIMBURSEMENT WHEREAS, there are times when certain volunteers within the county government structure are providing services on behalf of the county and are required or would benefit from participating in training, conferences, etc., and WHEREAS, the Legislature is desirous of reimbursing said volunteers for said related expenses as if they were a paid employee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Travel policy be amended to include the following provision for volunteers: A Department Administrator must submit a travel request form to the County Administrator for permission to reimburse a volunteer for certain county-related travel expenses. Approved requests shall follow the mileage and meal reimbursement guidelines and requirements as established by the County Legislature outlined in the original policy. Vote: 6-0. RESOLUTION NO. 83 Motion by Bingell, Second by Larison. RE: AUTHORIZE LEASE AGREEMENT WITH CHICONE BUILDERS, INC. FOR PARKING LOT USE – BUILDINGS AND GROUNDS WHEREAS, it is in Schuyler County’s best interest to enter into a lease agreement with Chicone Builders, Inc. for use of an shaped parking lot to be used for Office for the Aging, and WHEREAS, this parking lot was formerly leased from Shepard Niles, and WHEREAS, Chicone Builders, Inc. has requested entering into the same rental agreement of an shaped lot located immediately north of premises now or formerly Hollenbeck, located at the corner of Main Street and Schuyler Street in the Village of Montour Falls, at a cost of One Dollar ($1.00) per year for the lease term of one year beginning March 1, 2006 and ending February 28, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a lease agreement with Chicone Builders, Inc., subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 84 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE ELECTRIC AND GAS (NYSEG) FOR THE PURCHASE OF TWO ADDITIONAL STREET LIGHTS FOR A NEW ROAD IN THE TOWN OF DIX – HIGHWAY DEPARTMENT WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to add two additional street lights for the new Kuhl Winner Way Road in the Town of Dix, and WHEREAS, the annual cost for these lights will be $318.75, funds available in the 2006 budget account no. 5110.520. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to sign the Street Light Authorization form with NYSEG; subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 85 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR STEEL BELTED RADIAL TIRES – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Parmenter Tiremasters, Inc. 103 Railroad Street Odessa, NY 14869 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 31 Twin Tier Tire 3160 Lake Road Horseheads, NY 14845 Copy of this bid is available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 86 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR STEEL PIPE, POLYETHYLENE PIPE, GABION BASKETS, STEEL PLATE & SHOP STEEL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids for: Shop Steel Polyethylene Pipe Used Shop Steel Chemung Supply Corporation PO 527 Elmira, NY 14902 And for Used Steel Pipe: Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Allegany Pipe & Tubular Products 2954 CR 22 Andover, NY 14806 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 87 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR SIGNS, SIGN POSTS, EXTENSIONS AND SIGN BLANKS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids for: Sign Posts and Extensions: Chemung Supply PO Box 527 Elmira, NY 14902 Signs and Sign Blanks: Rocal Inc. PO Box 640 Frankfort, Ohio 45628 Allmac Signs 10 Captain Scott Road Harwich, MA 02645 BE IT FURTHER RESOLVED, that the following bid be rejected: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 32 Eberl Iron 128 Sycamore Street Buffalo, NY 14204-1492 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 88 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR READY MIX CONCRETE, CONCRETE RETAINING WALL BLOCKS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Hanson Aggregates BRD, Inc. P.O. Box 231 Easton, Pa. 18044-0231, and Knight Settlement PO Box 191, Knight Settlement Road Bath, NY 14810 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 89 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids for “PART A” only: M & S Stripping Co. 134 Florence Street Mamaroneck, NY 10543 Zebra Paint Stripping 365 Second Street N. Hornell, NY 14843 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 90 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) CRUSHED GRAVEL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Hanson Aggregates, Inc. Seneca Stone P.O. Box 231 P.O. Box 76 Easton, Pa. 18044-0231, and Fayette, NY 13065 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 33 H.L. Robinson Sand & Gravel Padua Ridge 535 Ithaca Road, PO Box 121 3362 SR 409 Candor, NY 13743 Watkins Glen, NY 14891 Gravel & Contracting Co. Odessa Sand & Gravel 2105 S. Broadway 226 Cecil A Malone Drive Pine City, N.Y.14871 Ithaca, NY 14850 Newfield Gravel Corp. Angelo Sand & Gravel 226 Cecil A Malone Drive 226 Cecil A Malone Drive Ithaca, NY 14850 Ithaca, NY 14850 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 91 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Hanson Aggregates BRD, Inc. Knight Settlement P.O. Box 231 PO Box 191, Knight Settlement Road Easton, Pa. 18044-0231 Bath, NY 14810 Gravel & Contracting Co. Angelo Sand & Gravel 2105 S. Broadway 226 Cecil A Malone Drive Pine City, N.Y.14871 Ithaca, NY 14850 Seneca Stone Odessa Sand & Gravel P.O. Box 76 226 Cecil A Malone Drive Fayette, NY 13065 Ithaca, NY 14850 Narde Paving Padua Ridge 234 Breesport Road 3362 SR 409 Horseheads, NY 14845 Watkins Glen, NY 14891 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 92 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid: ONLY BID RECEIVED Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copies of these bids are available for inspection at the Highway Office. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 34 Vote: 6-0. RESOLUTION NO. 93 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Hanson Aggregates BRD, Inc. Eric Machuga Pit P.O. Box 231 9845 Walton Road Easton, Pa. 18044-0231, and Bradford, NY 14815 Narde Paving Padua Ridge 234 Breesport Road 3362 SR 409 Horseheads, NY 14845, and Watkins Glen, NY 14891 Knight Settlement Odessa Sand & Gravel PO Box 191, Knight Settlement Road 226 Cecil A Malone Drive Bath, NY 14810, and Ithaca, NY 14850 Newfield Gravel Corp. Angelo Sand & Gravel 226 Cecil A Malone Drive 226 Cecil A Malone Drive Ithaca, NY 14850 Ithaca, NY 14850 H.L. Robinson Sand & Gravel 535 Ithaca Road PO Box121 Candor, NY 13743 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 94 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARED END SECTIONS – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bid: Chemung Supply PO Box 527 Elmira, NY 14902 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 95 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL WHEREAS, Resolution No. 20-06 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 9, 2006. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 35 NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Vestal Asphalt 210 Stage Road Vestal, NY 13850 Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891 Seneca Stone PO Box 76 Fayette, NY 13065 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 96 Motion by Bingell, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS WHEREAS, Resolution No. 20-06 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 9, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids: ALL BIDS ACCEPTED Vestal Asphalt 210 Stage Road Vestal, NY 13850 Central Asphalt 20 Fairground Lane Watkins Glen, NY 14891 Penn Can Asphalt PO Box 6501 Syracuse, NY 13217 Copies of these bids are available for inspection at the Highway Office. Vote: 6-0. RESOLUTION NO. 97 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPLICATION FOR SENATE INITIATIVE GRANT FOR PURCHASING EQUIPMENT AND AMEND THE 2006 MACHINERY BUDGET – HIGHWAY DEPARTMENT WHEREAS, the Highway Department would like authorization to apply for financial assistance from Senate Initiative Grant Funds, in the amount of $80,000 to assist with the purchase of a Excavator, $40,000 for the purchase of Portable Message Boards with Trailers, $3,200 for a Plasma Cutter Tool and $36,000 for a Hydro-Seeder, and WHEREAS, to avoid delay in accessing the funds, the Highway Department would like to establish an appropriate account, and WHEREAS, there needs to be an amendment to the Machinery Fund budget for these funds. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Machinery Fund for the expense and revenue as follows: AMOUNT ACCOUNT NO. DESCRIPTION ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 36 +$159,200 5130.299 Equipment +$159,200 0003.3589 State Aid, Other, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the particular agency that will be assigned to this project, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Highway Superintendent be authorized to set specifications and to advertise for bids on the preceding equipment that are non-state contract items or purchase utilizing State Bid Contract Vendors. Vote: 6-0. RESOLUTION NO. 98 Motion by Bingell, Second by Larison. RE: AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN ANY AND ALL DOCUMENTS RELATIVE TO PROPERTY ACQUISITION ASSOCIATED WITH THE COUNTY ROUTE 06 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT WHEREAS, the existing abutments of the CR 06 bridge replacement project are outside the right-of- way which will require some additional documentation and expenditures to allow approval to go to bid under the federal guidelines, and WHEREAS, there needs to be real property appraisal reports, acquisition fees and signatures required for this stage of the project, funds available in the 2006 budget account no. 5020.400. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any pertinent documents that are relevant to the negotiations, appraisals, and fees, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that Schuyler County agrees to pay all costs associated with this stage of the project according to the Federal-Aid Project guidelines. Vote: 6-0. RESOLUTION NO. 99 Motion by Bingell, Second by Larison. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2006 PROVIDING THAT NO EXEMPTION UNDER REAL PROPERTY TAX LAW §487 BE APPLICABLE WITHIN OUR JURISDICTION WITH RESPECT TO ANY SOLAR OR WIND ENERGY SYSTEM OR FARM WASTE ENERGY SYSTEM WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2006 Providing That No Exemption Under Real Property Tax Law §487 Be Applicable Within Our Jurisdiction with Respect to Any Solar or Wind Energy System or Farm Waste Energy System was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held March 13, 2006 at 7:00 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. 1/Local Law No. 2 of the Year 2006, 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. 2 of the Year 2006, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2006 A Local Law providing that no exemption under Real Property Tax Law §487 be applicable within our jurisdiction with respect to any solar or wind energy system or farm waste energy system. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1: LEGISLATIVE INTENT It is the intent of this Local Law to provide no exemption from taxation as authorized in Real Property Tax Law §487. SECTION 2: EXEMPTION FROM TAXATION No exemption from taxation shall be applicable with respect to any solar or wind energy system or farm waste energy system. SECTION 3: EFFECTIVE DATE: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 37 This Local Law shall take effect immediately upon passage. DISCUSSION: Legislator Bleiler stated that he needed to make sure that he understood prior to voting on the local law. By voting yes to the local law this will disallow the exemption, correct? Administrator O’Hearn replied yes. Legislator Bleiler asked if the Legislature does not do this then there is no PILOT, right? O’Hearn replied yes, and if we do approve the local law then the PILOT would encourage the development by this company. Vote: 6-0. RESOLUTION NO. 100 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPLICATION FOR CORRECTED TAX ROLL, TOWN OF MONTOUR, SCHUYLER REDEVELOPMENT, LLC – REAL PROPERTY TAX 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 the 2003 and 2004 tax roll years, and WHEREAS, the Real Property Tax Director has determined that the assessment on parcel 76.19-2-73, owned by Schuyler Redevelopment, LLC, in the Village of Montour Falls, includes the value of an improvement which does not exist, and WHEREAS, this entry constitutes an error in essential fact as defined in RPTL Section 550(3)(b), and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved as outlined below, and BE IT FURTHER RESOLVED, that the 2004 County/Town tax remaining unpaid be subtracted from the amount of the 2003 refund to be issued, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate chargebacks to the town and school district. Original Corrected Original Amount Corrected Remaining Refund Assessment Assessment Tax w/fee Paid Amount Balance Amount 2003 $ 50,700 $ 3,000 $ 780.97 $ 780.97 $ 46.22 $ $ 734.75 2004 $ 50,700 $ 3,000 $ 2,059.16 $ $ 121.84 $ 121.84 2003 Refund: $ 734.75 2004 Unpaid: $ 121.84 Total Refund: $ 612.91 Vote: 6-0. RESOLUTION NO. 101 Motion by Bleiler, Second by Larison. RE: AMEND RESOLUTION NO. 268-05 TITLED – AUTHORIZE AGREEMENTS WITH ONTARIO AND CHEMUNG COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT WHEREAS, Resolution No. 268-05 authorized an agreement with two counties for boarding prisoners at a rate of $65.00 per day for a period of August 1, 2005 through July 31, 2006, and WHEREAS, said contracts are just now being put in place and the amount has changed along with the term. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 268-05 be amended to reflect said change, and BE IT FURTHER RESOLVED, that the Now Therefore Be it Resolved clause now read as follows: “NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Ontario and Chemung County for a period starting February 1, 2006 through December 31, 2006, to be renewed annually on a calendar year, at a cost of $85.00 per day for each boarded inmate, contract subject to approval by the Schuyler County Attorney”. Vote: 6-0. RESOLUTION NO. 102 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CONTRACT WITH THE TOWN OF HECTOR FOR COURT SECURITY SERVICES – SHERIFF’S DEPARTMENT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 38 WHEREAS, the Town of Hector Court wishes to contract with the Schuyler County Sheriff’s Office for Court Security Services, and WHEREAS, the agreement will be a four year contract, with reimbursement for personnel services at actual cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with the Town of Hector for a term of January 1, 2006 through December 31, 2009, subject to approval by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 103 Motion by Bleiler, Second by Larison. RE: AMEND THE 2006 BUDGET – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Public Health has entered an into a agreement with Emergency Management to provide assistance with Bio-terrorism planning and preparation, and WHEREAS, the Schuyler County Public Health has allocated $7,000.00 from Bio-terrorism grant funding for this agreement, and WHEREAS, this funding was not included in the 2006 budget as an expense and revenue. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Emergency Management Budget as follows: AMOUNT ACCOUNT DESCRIPTION +$7,000 3689.0438 Supplies +$7,000 3689-4389 Other Public Safety Aid Vote: 6-0. RESOLUTION NO. 104 Motion by Bleiler, Second by Larison. RE: RESOLUTION SUPPORTING THE NEW YORK STATE LEGISLATURE IN ENACTING A BILL TO PROVIDE FOR AN INCOME TAX EXEMPTION FOR EMERGENCY SERVICE VOLUNTEERS WHEREAS, Senator Winner is introducing a bill to offer an incentive program for emergency services volunteers, and WHEREAS, a provision of the bill would provide a $2,000 annual personal income tax deduction for volunteer firefighters and ambulance workers, and WHEREAS, the Public Safety/Criminal Justice Committee recommends supporting Senator Winner’s bill. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages the New York State Legislature to pass Senator Winner’s Bill to offer an incentive program for emergency services volunteers, and 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, to the Majority and Minority Leaders of the New York State Assembly and Senate, and to the Inter-County Association of Western New York. DISCUSSION: Legislator Slusser was not aware that it was only one option currently. Legislator Bleiler said that there will be more blanks to fill in but this resolution is only for taking it to Inter-County for support. Vote: 6-0. RESOLUTION NO. 105 Motion by Bleiler, Second by Larison. RE: AUTHORIZE APPLICATION WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE 2006-2007 OPERATION IMPACT GRANT - DISTRICT ATTORNEY WHEREAS, New York State Division of Criminal Justice Services has grant funding available for the purpose of assisting the Schuyler County District Attorney’s Office in reducing target crimes in the County, and WHEREAS, this Grant is estimated to be in the amount of $60,000 with no County match. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for a 2006-2007 Operation Impact 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, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 39 estimated to be $60,000 with the New York State Division of Criminal Justice Services, subject to approval by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 106 Motion by Bleiler, Second by Larison. RE: RESOLUTION DESIGNATING THE AG AND FARMLAND PROTECTION BOARD AS THE LEAD AGENT FOR THE 2006 AG DISTRICT ANNUAL ENROLLMENT AND ASSOCIATED SEQR WHEREAS, the Schuyler County Legislature is requesting that the Agricultural and Farmland Protection Board assume lead agency for the project to review the 2006 Annual Ag District Enrollment and report back to the Legislature with its findings. NOW, THEREFORE, BE IT RESOLVED, that the Agricultural and Farmland Protection Board will assume lead agency to review the 2006 Annual Ag District Enrollment, and BE IT FURTHER RESOLVED, that after review, the Agricultural and Farmland Protection Board will determine the environmental significance of the proposed addition of 104 acres in the Town of Dix into the Schuyler County Agricultural District Vote: 6-0. RESOLUTION NO. 107 Motion by Fagan, Second by Larison. RE: RESOLUTION PROVIDING A LOCAL MATCH TO THE SCHUYLER COUNTY AGRICULTURE AND FARMLAND PROTECTION BOARD FOR A NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS GRANT WHEREAS, the Agriculture and Farmland Protection Board has been able to implement over 80% of the current Agriculture and Farmland Protection Plan, and WHEREAS, there is still $5,000 of the original $50,000 Grant available with the New York State Department of Agriculture and Markets, and WHEREAS, said grant requires matching funds of which 20% or $1,000 must be a cash match, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board intends to use the funds to update the Agriculture Farmland Protection Plan of Schuyler County, and WHEREAS, the Agriculture and Farmland Protection Board would like to request the Schuyler County Legislature provide the $1,000 cash match. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby provides a local match in the amount of $1,000 to the Agriculture and Farmland Protection Board, and BE IT FURTHER RESOLVED, that said amount is to be from Contingency account no. 1990.500. Vote: 6-0. RESOLUTION NO. 108 Motion by Fagan, Second by Larison. RE: AUTHORIZE AGREEMENT WITH ANN CLARKE FOR CONSULTANT SERVICES FOR A SCHUYLER COUNTY TRANSPORTATION STUDY WHEREAS, the Community Development and Natural Resources Committee has created a sub committee to study public transportation in Schuyler County, and WHEREAS, said committee recommends hiring Ann Clarke as a consultant to help the sub committee create the study, and WHEREAS, funding is available in the 2006 budget in account no. 5630.400-Transportation to pay for said agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Ann Clarke to provide consulting services, to be paid $70 an hour, in an amount not to exceed $1,000, subject to approval by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 109 Motion by Fagan, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of fluridone on Lamoka Lake and the residual monitoring thereof. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 40 NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for bids for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that bids will be due no later than 2:00 p.m. on Friday, March 31, 2006. Acceptance/rejection of the bids will be done at the April 10, 2006 Regular Meeting of the Legislature. The County of Schuyler reserves the right to accept or reject any and all bids. Vote: 6-0. RESOLUTION NO. 110 Motion by Bingell, Second by Larison. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION (CSEA) HIGHWAY UNIT BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Memorandum of Agreement with the CSEA with the Highway Unit, as drafted by the Human Resources Director and approved by the County Administrator. Vote: 6-0. RESOLUTION NO. 111 Motion by Bingell, Second by Larison. RE: APPOINTMENTS – ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Schuyler County Environmental Management Council for the term January 1, 2006 through December 31, 2007, to wit: Keith T. Pierce - Village of Odessa Mary Huntley – Town of Tyrone Darin Miller – Town of Orange Vote: 6-0. RESOLUTION NO. 112 Motion by Bingell, Second by Larison. RE: RESOLUTION IN SUPPORT OF PRESERVING COUNTIES’ ROLE IN THE FUTURE OF OFF TRACK BETTING WHEREAS, The State's contract with the New York Racing Association to run Aqueduct, Belmont and Saratoga racetracks is expiring at the end of 2007, and WHEREAS, New York State leaders have created an Ad Hoc Committee on the Future of Racing (the Committee) to assist in developing the Request for Proposal (RFP) process for companies wishing to bid on operating the state's thoroughbred racing franchise, and WHEREAS, the Committee has stated that one of the Requests for Proposals (RFPs) could merge the current Off Track Betting Corporation (OTB) structure into the racing franchise operations, which would impact the financial and operational relationship that counties have with OTBs, and WHEREAS, over the past 30 years, 43 counties have received more than $3 billion in revenue from New York's OTB Corporations that have been used to offset local tax increases, and WHEREAS, this revenue has already decreased as a result of the introduction of Video Lottery Terminals (VLTs), and policy changes that have shifted more and more OTB revenues away from counties, and WHEREAS, counties are more than by-standers in any decision that affects OTBs and horse racing in New York State. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature believes counties must be represented on any committee that proposes changing the financial and operational relationship between counties and OTB Corporations, and BE IT FURTHER RESOLVED, that counties' stake in the future of horse racing and OTB Corporations in New York State be preserved, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this Resolution to Governor George E. Pataki, the New York State Legislature, the New York State Association of Counties and all others deemed necessary and proper. Vote: 6-0. RESOLUTION NO. 113 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH ALLARDICE & ASSOCIATES, INC. FOR THE OFFICE ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 41 REALLOCATION CAPITAL PROJECT - TREASURER’S OFFICE WHEREAS, it is necessary for the Treasurer to contract with bond advisors for the development of a financial plan, bond anticipation note borrowings, sales of serial bonds, and other financial services, relative to the Office Reallocation Capital Project, and WHEREAS, said rates are outlined in the proposal and are to be paid from the proceeds of the bond. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Allardice & Associates, Inc., for the Office Reallocation Capital Project bond issue, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 114 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY OF PART-TIME ASSISTANT DISTRICT ATTORNEY – DISTRICT ATTORNEY’S OFFICE WHEREAS, the current part-time Assistant District Attorney, Peter F. Finnerty, is resigning from the District Attorney’s Office as of March 12, 2006, and WHEREAS, the District Attorney would like to hire Holly L. Mosher to fill the vacant part-time Assistant District Attorney position, to begin March 13, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment made by Joseph Fazzary, District Attorney of Holly L. Mosher, to fill the part-time, 17.5 hours a week Assistant District Attorney position, with an annual salary of $22,278. DISCUSSION: Legislator Slusser said that this had been discussed last time, but is there any policy for working for someone that is related within the County guidelines. Attorney Coleman replied that the District Attorney is an elected official and is free to make the appointment. Vote: 5-1. Karius. NEW BUSINESS: None. UNFINISHED BUSINESS: RESOLUTION NO. 17 - AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS – BUILDINGS & GROUNDS - TABLED REPORT ON STANDING COMMITTEES: Legislator Fagan reported that he is planning on attending a sub committee meeting on March 21st in regards to First Transit. He has found out that Albany is okay with subsidizing 100% by the State to do a transportation study. Anne Clark, who is providing Schuyler County with consultant services for a transportation study, is going to prepare a Request for Proposals and the State has indicated that they have funding for this type of study. Announcement of the funding would be available quickly. The purpose of the study will be to do a comprehensive report to evaluate transportation cost, etc. Legislator Slusser provided an Industrial Development Agency (IDA) update from committee. He reported on the Windmill project and said that although Schuyler IDA is not the lead agency they are still involved, but however the Town of Hornby is involved in rezoning, so it is on a moratorium and being looked at again. As far as the New Hotel, there will be another meeting on March 27th and it should be discussed. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that he and several others recently met to discuss the Gordon Swarthout drainage issue in Beaver Dams. O’Hearn met last week with individuals from the Legislature, Soil and Water, County Highway Department and an Engineering firm. O’Hearn and others also visited the property and indicated that they are continuing to talk and when they meet with a conclusion, he would bring it back to the full legislature. O’Hearn also reported that last Friday he visited with Guy Schamel and he shared a plan to expand the Marina Bar & Grill to include outside dining. While reviewing what was involved with making this happen, he found that this proposes a liquor license issue. He also has found that he would be in violation of no outdoor open container law for the Village of Watkins Glen. The Village has notified him that he would need to request a waiver to deviate from the law. The Village has also referred him to the County to see if the County supports this plan seeing how the location is on County owned property. The County would need to initiate the request and O’Hearn explained to Schamel that it would need to go through Committee for review. O’Hearn thought it ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 42 could first be discussed at the regular meeting tonight to see what the reactions were from the Legislature. Attorney Coleman indicated that it would be perfectly legal to be at the Legislative level to make the request for a motion, vote and send a letter in support for the waiver. MOTION by Legislator Larison, SECOND by Legislator Bingell to request a waive from the Village of Watkins Glen for the open container law. Motion carried six ayes to zero noes. Legislator Slusser indicated that he had more discussion. Who is the owner of property? Attorney Coleman replied that the County owns the property, but it is located in the Village. Legislator Slusser replied that it seems like the County land would be separate from Village Law. Attorney Coleman replied no, that it was not like State land, we are in our rights to do this support request. O’Hearn indicated that the Village waives the Open Container Law in Clute Park during festivals and other waivers are subject to approval. O’Hearn thanked the Legislature and will get the request out soon. O’Hearn reported that the Office for the Aging interviews for the new Director are starting next week and final interviews after the following week. They are soliciting groups to be involved with the interviewing process and the final group could be the Legislature. O’Hearn expects two to three of the applicants to be in the final interviewing pool. We have five to interview. The first group will be staff of the Office for the Aging and County. Legislator Larison indicated that he felt that he and Legislator Bingell should be involved. Legislator Slusser asked if O’Hearn was involved in the group interviews. O’Hearn said that he would be involved in all of them. Legislator Fagan asked if they would be involved with the interviews with the last two to three candidates. O’Hearn replied by saying yes. Legislator Karius stated that she would like to say thank you to Administrator O’Hearn for all the hard work he has been doing. She has received a lot of good reports. Legislator Fagan inquired if all grant applications had been made now. O’Hearn replied yes, but not caught up yet. O’Hearn said he would go ahead and schedule the interview sessions at the end of the month in the mornings and let them know the date and time. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:22 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING MARCH 17, 2006 The March 17, 2006 Special Meeting of the Schuyler County Legislature was called to order at 1:30 p.m. by Acting Chairman Karius. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present except Legislator’s Gifford, Yuhasz and Slusser who were excused. County Attorney Coleman was also excused. County Administrator O’Hearn was present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 115 Motion by Fagan, Second by Larison. 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. DEDICATION OF THE MICHAEL J. MALONEY PUBLIC SAFETY BUILDING Vote: 5-0. RESOLUTION NO. 116 Motion by Bingell, Second by Fagan. RE: DEDICATION OF THE MICHAEL J. MALONEY PUBLIC SAFETY BUILDING WHEREAS, Michael J. Maloney was sworn in as the youngest New York State Sheriff in 1973, a title he has held for the past thirty one years until his retirement November 30, 2005, and WHEREAS, his dedication to the profession has been illustrated in many ways, to include being the Coordinator of Police Training for Schuyler, Chemung and Steuben Counties for over twenty-five years, and WHEREAS, during his tenure he helped implement the K-9 Unit, began the Stop DWI Program, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 43 was instrumental in beginning the Drug Awareness Resistance Education (DARE) Program in Schuyler County School Districts, along with establishing a Drug Free School Zone, and WHEREAS, in 1992 Sheriff Maloney was named Law Enforcement Professional of the Year as a recipient of the James Riesbeck Memorial Award given by Corning, Inc., and WHEREAS, without Sheriff Maloney promising and subsequently implementing a safe environment at the race track, WGI may not be what it is today, and WHEREAS, he has also been a member of a number of committees in the county and has developed a well-deserved reputation with police agencies as being responsive and professional to those utilizing the services of the Sheriff’s Department, and WHEREAS, it is the desire of the Schuyler County Legislature to dedicate the jail building and name it the Michael J. Maloney Public Safety Building in recognition of his years of dedication and exemplary service. NOW, THEREFORE, BE IT RESOLVED, that this Legislature, convening in special session, hereby acknowledges and approves the naming and dedication of the jail as the Michael J. Maloney Public Safety Building and commissions that a plaque be displayed on said facility as follows: The Michael J. Maloney Public Safety Building In Honor of Schuyler County Sheriff Michael J. Maloney’s Thirty-One Years of Service 1973-2005 Schuyler County Undersheriff - 1970-1973 Schuyler County Deputy Sheriff - 1968-1970 Vote: 5-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 1:35 p.m. Stacy B. Husted, Clerk REGULAR MEETING APRIL 10, 2006 The April 10, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Gordon Swarthout of Beaver Dams, stood and stated that he had heard that a Bio Fuel Facility was going to be built at the new Industrial Park. He asked if this was true. Chairman Gifford said he was not aware of this happening and it was not true. Mr. Swarthout said he would not like to see this happen. RESOLUTION NO. 117 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE MARCH 13, 2006 REGULAR MEETING AND THE MARCH 17, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the March 13, 2006 Regular Meeting and the March 17, 2006 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 118 Motion by Bleiler, Second by Larison. RE: AUTHORIZE AN AMENDMENT TO THE COURT SECURITY AGREEMENT WITH THE UNIFIED COURT SYSTEM – SHERIFF’S DEPARTMENT WHEREAS, based upon projections, the anticipated funding from the Unified Court System needs to be increased by $5,000.00 to cover reimbursement costs for the current fiscal year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the Court Security Contract with the Unified Court System to be increased from $58,500.00 to $63,500.00 for the current fiscal year, subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 44 Vote: 8-0. RESOLUTION NO. 119 Motion by Bleiler, Second by Larison. RE: AUTHORIZE CONTRACT WITH GOVERNMENT PAYMENT SERVICES (GPS) – SHERIFF’S DEPARTMENT WHEREAS, at certain times persons incarcerated in the Schuyler County Jail must pay fines and bail monies to be released from custody of the Sheriff, and Government Payment Services (GPS) is a company that accepts credit card payment for these monies and forwards payment to the Sheriff’s Office, and WHEREAS, accepting payment from Government Payment Services (GPS) will reduce costs in the Jail by providing the ability to pay fines and bail monies and be released from custody, and WHEREAS, all costs associated with the credit card transaction are paid by the card holder, and there is no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, be authorize to sign a contract with Government Payment Services (GPS), subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 120 Motion by Bleiler, Second by Larison. RE: AUTHORIZE THE APPOINTMENT OF JAMES P. COLEMAN, III, M.D. AS VOLUNTEER MEDICAL DIRECTOR – SHERIFF’S DEPARTMENT WHEREAS, the Schuyler County Sheriff’s Office requires a Volunteer Medical Director to review program content and policies for the Jail and External Defibrillator Program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment by the Sheriff William Yessman, of Dr. James Coleman, III, M.D. as the Volunteer Medical Director of the Schuyler County Sheriff’s Office. Vote: 8-0. RESOLUTION NO. 121 Motion by Fagan, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Emergency Management Performance Grant for Federal Fiscal Year 2006 (FFY06), and WHEREAS, this grant provides matching funds to offset current budgeted expenses for certain personnel and administrative functions associated with our local emergency management program, and WHEREAS, the tentative FFY06 allocation for Schuyler County under this planning program is $8,365. 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: 8-0. RESOLUTION NO. 122 Motion by Fagan, Second by Bingell. RE: ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR THE 2006 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY WHEREAS, the County has budgeted $8,000 for a Household Hazardous Waste Collection Day in 2006, and WHEREAS, the Recycling/Solid Waste 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, upon recommendation of the Community Development and Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and Schuyler County Attorney, this Legislature hereby accepts Proposal Number One from Clean Harbors Environmental Services, Inc., in an amount not to exceed $8,000, for a Household Hazardous Waste Collection Day to be held May 20, 2006, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 45 Vote: 8-0. RESOLUTION NO. 123 Motion by Fagan, Second by Bingell. RE: ACCEPT PROPOSAL FROM REGIONAL COMPUTER RECYCLING & RECOVERY, LLC., FOR THE 2006 USED ELECTRONICS COLLECTION DAY WHEREAS, the County has budgeted $1,000 for a Used Electronics Collection Day in 2006, and WHEREAS, the Recycling/Solid Waste 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, upon recommendation of the Community Development and Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and Schuyler County Attorney, this Legislature hereby accepts Proposal Number One from Regional Computer Recycling & Recovery, LLC., in an amount not to exceed $1,000, for a Used Electronics Collection Day to be held May 20, 2006, at the Schuyler County Highway Department property, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 124 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR A SCHUYLER COUNTY UNITED WAY GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is need for program development and oversight, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program. 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: 8-0. RESOLUTION NO. 125 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR THE WEYERHAEUSER CHILDREN’S INITIATIVE - YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed for program development and oversight, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program and 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: 8-0. RESOLUTION NO. 126 Motion by Larison, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR 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, Steuben County Youth Bureau, Pro Action, Catholic Charities of Schuyler County, Catholic Charities of Chemung County, SCT BOCES, and Workforce New York is filling an employment gap with youth specially challenged and considered difficult to serve, and WHEREAS, the grant is 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 program with up to 5% of the grant to be designated for administrative responsibility, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 46 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 review of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 127 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AGREEMENT – 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 in collaboration with the Watkins Glen International Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and WHEREAS, $4,774 of existing YDDP money will be allocated for supervision and transportation costs, and WHEREAS, the program will employ approximately 40 youth with the wages for the youth and supervisors to be reimburses by Watkins Glen International Raceway, with reimbursement for personnel services at actual cost. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from June 1, 2006 through September 30, 2006 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 review by the County Attorney. Vote: 8-0. RESOLUTION NO. 128 Motion by Larison, Second by Yuhasz. RE: AMEND RESOLUTION NO. 423-05 TITLED - AUTHORIZE 2005-2006 AGREEMENT WITH THE WATKINS GLEN YOUTH CENTER (CATHOLIC CHARITIES) FOR AN AFTER SCHOOL PROGRAM – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has a contract with the Watkins Glen Youth Center (Catholic Charities) for an after school program, and WHEREAS, this contract is currently funded by the Flexible Fund for Family Services (FFFS), allocated for Temporary Assistance for Needy Families, and WHEREAS, under the Flexible Fund for Family Services (FFFS) the same funding can be used for PINS/JD Prevention without regard to family income, and WHEREAS, Schuyler County’s teen pregnancy rate for 15-19 year olds is 58.2/1000, and WHEREAS, the Schuyler County Legislature wishes to reduce the incidents of teenage pregnancy in the County as outlined in it’s Families First Expansion Plan, and WHEREAS, the Watkins Glen Youth Center, (Catholic Charities), a local services facility, provides enhanced programs in such areas as homework assistance, domestic violence prevention, mentoring and other positive role modeling services for children at or at risk of early pregnancy. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amended agreement between the Department of Social Services and the Watkins Glen Youth Center, (Catholic Charities) in the amount of $10,000 for the period September 1, 2005 through June 30, 2006; funding available in the Department of Social Services account no. 6010.552; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 129 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE MAY 2006 AS MENTAL HEALTH MONTH - COMMUNITY SERVICES WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, including Children and Adult Case Management Services, and WHEREAS, mental health is essential to everyone’s overall health and well-being, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 47 WHEREAS, mental health problems do not discriminate between race, creed, age limit or economic status, and WHEREAS, investing in effective mental health programs saves money and lives, whereas not investing leads to unnecessary costs, disability and premature death, and WHEREAS, good mental health is good for workers and the bottom line, and WHEREAS, a positive work environment can decrease stress, improve overall health and boost productivity, and WHEREAS, a good work and life balance will keep you healthier and more productive in all aspects of life, and WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community Services Board are responsible for mental health programming and services in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaim that May is Mental Health Month and offers its support and encouragement to all consumers, clients and their families, and local service providers as they work together to overcome and manage disabilities and achieve and maintain the highest level of participation in our community. Vote: 8-0. RESOLUTION NO. 130 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH BARBARA HISLOP, SPEECH THERAPIST FOR PRESCHOOL SERVICES -PUBLIC HEALTH WHEREAS, the Home Health Agency requires the services of Speech Therapists from time to time, to eligible preschool children, according to section 4410 of the Education Law, and WHEREAS, Barbara Hislop is able to provide speech therapy services as required, and WHEREAS, the Home Health Agency has funds available in the budget for the balance of 2006 and for 2007. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Barbara Hislop, Speech Therapist, effective March 1, 2006 through June 30, 2007, renewable annually, at an hourly rate of $50.00 per half hour, funds available in the Public Health budget account no. 2960.400, covered by the Home Care revenues, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 131 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE MAY 6 - 12, 2006 AS NATIONAL NURSES WEEK - HEALTH SERVICES WHEREAS, the 2.9 million registered nurses in the United States comprise our nation’s largest health care profession, and WHEREAS, the depth and breadth of the registered nursing profession meets the different and emerging health care needs of the American population in a wide range of settings, and WHEREAS, a renewed emphasis on primary and preventive health care will require the better utilization of all of our nation’s registered nursing resources, and WHEREAS, professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients, and WHEREAS, the demand for registered nursing services will be greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology and the explosive growth of home health care services, and WHEREAS, more qualified registered nurses will be needed in the future to meet the increasing complex needs of health care consumers in this community, and WHEREAS, cost-effective, safe and quality health care services provided by registered nurses will be an ever more important component of the U.S. health care delivery system in the future. NOW, THEREFORE, BE IT RESOLVED, that along with the American Nurses Association, this Legislature declares the week of May 6–12, 2006 as National Nurses Week 2006 in celebration of the ways in which registered nurses strive to provide safe and high quality patient care and map out the way to improve our health care system, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 48 BE IT FURTHER RESOLVED, that the community celebrate registered nurses’ accomplishments and efforts to improve our health care system and show our appreciation for all our community’s nurses in Schuyler County Public Health, Schuyler County Home Health, Schuyler County Mental Health Clinic, Schuyler Hospital, The Falls Home, Schuyler Hospital’s Seneca View facility, local Schools and Doctors’ offices. Vote: 8-0. RESOLUTION NO. 132 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH HONEYWELL HOMMED LLC FOR MEDPARTNER EQUIPMENT LEASE / PURCHASE - PUBLIC HEALTH WHEREAS, Public Health leases equipment for the HomMed Monitoring system, and WHEREAS, further equipment is required to increase the number of patients served by these monitors, and WHEREAS, Honeywell HomMed LLC will lease this equipment to Public Health effective immediately for a period of five years under a lease / purchase agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the Contract to lease 15 MedPartner monitors at a rate of $18 per monitor per month for a total of $270.00 per month and a payment of $1.00 per monitor at lease end, for an amount not to exceed $16,215 over the term of the lease, funding being available in the Public Health budget, subject to the approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 133 Motion by Fagan, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH COORDINATED CARE SERVICES (CCSI), INC. OF ROCHESTER FOR PLANNING SUPPORT SERVICES – COMMUNITY SERVICES WHEREAS, a new planning process is required by the New York State Office of Mental Health to develop a Three-Year County Plan for Comprehensive Mental Health Services, and WHEREAS, CCSI, Inc of Rochester is willing to provide such planning services for several Finger Lakes Region counties, including Schuyler County, and WHEREAS, CCSI, Inc. is a not-for-profit management service organization with specific expertise in the areas of behavioral health and human services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a contract with CCSI, Inc. to provide planning services, effective immediately, through December 31, 2006, to be renewed annually on the calendar year, at a cost not to exceed $10,000.00, funding being available in the 2006 budget; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 134 Motion by Fagan, Second by Bingell. RE: RECOGNIZE WEEK OF APRIL 23, 2006 THROUGH APRIL 29, 2006 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 23, 2006 through April 29, 2006 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: 8-0. RESOLUTION NO. 135 Motion by Fagan, Second by Bingell. RE: AUTHORIZE REQUEST FOR PROPOSALS AND FOR GRANT FUNDING FOR A COUNTY- WIDE TRANSIT NEEDS ASSESSMENT WHEREAS, the Community Development and Natural Resources Committee recently created a Transportation Sub Committee to discuss transportation needs in Schuyler County, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 49 WHEREAS, that sub committee is recommending that the County of Schuyler request proposals and grant funds for a county–wide transit needs assessment, and WHEREAS, there are grant funds made available through the New York State Department of Transportation (NYSDOT) for such assessments. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature is hereby authorized to solicit quotes for a County-Wide Transit Needs Assessment for review and recommendation by the Transportation Sub Committee, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to requesting grant funds from the NYSDOT for said study. Vote: 8-0. RESOLUTION NO. 136 Motion by Bingell, Second by Yuhasz. 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 $11,993.71 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 $11,993.71 to the Town of Hector for road maintenance. Vote: 8-0. RESOLUTION NO. 137 Motion by Bingell, Second by Yuhasz. RE: AMEND 2006 BUDGET FOR MEDICAL SUPPLIES & EXPENSE – HUMAN RESOURCES WHEREAS, the Highway Department has agreed to pay the cost of the federally required Drug and Alcohol testing for its employees. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to amend the 2006 Human Resources budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$1,300 1430.429 Medical Supplies & Expense +$1,300 1430-1260 Fees Vote: 8-0. RESOLUTION NO. 138 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH ROY TEITSWORTH AUCTION SERVICES – HIGHWAY DEPARTMENT WHEREAS, the Public Works Committee has agreed with the Highway Superintendent to take surplus items to auction. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be hereby authorized to sign contracts with Roy Teitsworth for auctions in Palmyra and Lansing, at a 10% commission; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 139 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF COUNTY ROUTE 5 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the Replacement of County Road 05 Bridge over Tug Hollow Creek BIN #3332370, and WHEREAS, the project design is completed, it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is available in the 2006 budget account no. 5120.524. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of the County Road 05 Bridge Replacement. Vote: 8-0. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 50 RESOLUTION NO. 140 Motion by Bingell, Second by Larison. RE: AUTHORIZE SUPPLEMENTAL AGREEMENT WITH BARTON & LOGUIDICE FOR THE CONSTRUCTION INSPECTION OF COUNTY ROUTE 5 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, the replacement of PIN 6753.48, BIN 3332370, CR 05 over Tug Hollow Creek is a Federal-aid eligible project, and WHEREAS, a supplemental agreement is necessary for Construction Inspection Services, necessary, but not assumed in the original agreement, and WHEREAS, Barton & Loguidice Engineers have been retained for Construction Inspection 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 $ 65,000.00 funding available in the 2006 budget account no. 5020.400; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 141 Motion by Bingell, Second by Larison. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR REPAIRS OF THE COUNTY ROUTE 14 BRIDGE OVER HOOKER CREEK – HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the Repair of County Road 14 Bridge over Hooker Creek BIN #3332270, and WHEREAS, the project design is completed, it is now necessary to advertise for bids for necessary repairs, and WHEREAS, funding for said project is available in the 2006 budget account no. 5120.545. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for County Road 14 Bridge Repair. Vote: 8-0. RESOLUTION NO. 142 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CREATION AND FILLING OF AN INFORMATION PROCESSING SPECIALIST POSITION/ABOLISH ACCOUNT CLERK TYPIST POSITION – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent, the Human Resources Manager and the Personnel Officer have carefully reviewed the job specification of the Account Clerk Typist position in the Highway Department, and WHEREAS, the Account Clerk Typist’s job duties have changed with more emphasis on micro- computers and information processing, and WHEREAS, it is the recommendation of the Public Works Committee, the Human Resources Manager and the Personnel Officer that the Account Clerk Typist title change to Information Processing Specialist to be placed in Grade Level 12, at an hourly rate of $13.32 per hour, for the efficient operation of the Highway Department and to more appropriately reflect the job responsibilities, and the County Administrator concurs with said recommendation, and WHEREAS, there is money in the 2006 Highway budget to cover the cost of said change. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is hereby authorized to create the title of Information Processing Specialist to be less than full-time, 20 hours a week in Grade Level 12, at an hourly rate of $13.32, effective April 3, 2006, and BE IT FURTHER RESOLVED, that the title of Account Clerk Typist in the Highway Department be hereby abolished. Vote: 8-0. RESOLUTION NO. 143 Motion by Bingell, Second by Yuhasz. RE: APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that Coleen Fabrizi be appointed to the Planning Commission as the Tourism Seat for a term of January 1, 2006 through December 31, 2007. Vote: 8-0. RESOLUTION NO. 144 Motion by Bingell, Second by Yuhasz. RE: PROCLAIM APRIL 23–29, 2006 AS NATIONAL COUNTY GOVERNMENT WEEK ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 51 WHEREAS, each year the National Association of Counties designates one week as National County Government Week as a way to raise awareness about the variety of essential services that our counties provide. This year's National County Government Week will be held from April 23-29, 2006 and focuses on the theme "Protecting Our Communities”, and WHEREAS, America's counties provide a variety of essential services. Right here in New York State, our counties are at the front line of an array of important programs and services, many of which work to protect our communities and families, and WHEREAS, Counties protect residents from natural disasters, terrorist attacks, crime, and drug abuse. Counties are the first to respond to emergency situations and are primarily responsible for planning for disasters. Counties also work to protect families, children and youth, and WHEREAS, there are 3,066 counties in the United States, collectively responsible for the well being of more than 250 million residents, and WHEREAS, in New York State, our 57 counties and the five boroughs of New York City represent thousands of public servants who provide programs and services to New York State's 19 million residents, and WHEREAS, Counties provide services that make all of our communities stronger, safer places to live and raise families. Counties police our roads and streets, save lives in hospitals, keep families healthy, repair bridges, plow snow, help troubled youth, train laid-off workers and perform countless other jobs, and WHEREAS, Counties have a long history of providing critical services. County governments are the citizen's local government voice, providing solutions that bring communities together. NOW, THEREFORE, BE IT RESOLVED, in recognition of the leadership, innovation and valuable service provided by our state's counties, the Schuyler County Legislature hereby proclaims April 23 - 29, 2006 National County Government Week. Vote: 8-0. RESOLUTION NO. 145 Motion by Bingell, Second by Larison. RE: AMEND 2006 BUDGET FOR WATERSHED PROTECTION DISTRICT WHEREAS, Resolution No. 109-06 authorized advertising for bids for chemical application and residual monitoring services for the Lamoka/Waneta Lakes Protection and Rehabilitation District for Lamoka Lake, and WHEREAS, there are no funds available in the 2006 budget for said expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2006 Watershed Protection District budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$5,000 8740.400 Contractual Expense +$5,000 8740-1030 Special Assessments Vote: 8-0. RESOLUTION NO. 146 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENT – OFFICE FOR THE AGING DIRECTOR WHEREAS, the Director of the Office for the Aging position has been vacant since February 14, 2006, and WHEREAS, it is upon recommendation by the Human Resources Director and the County Administrator that Tamre Waite be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that Tamre Waite be appointed Director of the Schuyler County Office for the Aging effective May 1, 2006 at an annual salary of $45,000, Grade H, in the Management/Confidential Salary Plan. Vote: 7-1. Bleiler. RESOLUTION NO. 147 Motion by Bingell, Second by Larison. RE: AUTHORIZE CREATION AND FILLING OF A FULL-TIME TEMPORARY LABORER POSITION – BUILDINGS AND GROUNDS WHEREAS, the Maintenance Mechanic in Buildings and Grounds is out on medical leave for an undetermined length of time, and WHEREAS, there is a need for additional help on a temporary basis, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 52 WHEREAS, the incumbent’s medical leave is unpaid thereby leaving funds to pay someone on a temporary basis. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to create and fill the full-time laborer position on a temporary basis, hours not to exceed 40 hours per week, at an hourly rate of $11.32, in Grade IX, or hire from a temporary agency, within budget; funding available in Buildings and Grounds account no. 1620.100, until such time as the incumbent returns from medical leave. Vote: 8-0. RESOLUTION NO. 148 Motion by Bingell, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE WATERSHED INSPECTOR POSITION – PUBLIC HEALTH WHEREAS, Schuyler County Public Health has a vacant Watershed Inspector position, and the Director of Community Services/Public Health has selected a candidate, and WHEREAS, funding to fill this position is available in the year 2006 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment made by George Roets, Director of Community Services/Public Health, of Timothy Hicks to fill the full-time Watershed Inspector position, and upon recommendation of the Human Resources Director, sets the salary at $35,000, in Grade E in the Management/Confidential Salary Plan, effective April 24, 2006. Vote: 8-0. RESOLUTION NO. 149 Motion by Karius, Second by Larison. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT FURTHER RESOLVED, that two Resolutions be brought to the floor. Vote: 8-0. RESOLUTION NO. 150 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS, ARCHITECTS AND SURVEYORS FOR SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 54-05 authorized advertisement for bids for the Seneca Harbor Park Phase III project, and WHEREAS, all bids received were higher than anticipated therefore they were rejected, and WHEREAS, the County has made some design changes to compensate on the cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a contract with Hunt Engineers, Architects and Surveyors in the amount of $13,000 for design work, bid documents, topographical surveying and construction supervisors upon approval of the County Attorney, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor is authorized to advertise for bids with funding available in the Capital reserve account no. 004.1620.209. DISCUSSION Legislator Fagan stated that seeing how this resolution did not come to committee that he would like clarification on the BID compared to the previous BID that was done. He would like to see the numbers. Administrator O’Hearn said he can not answer a lot of the specifics, but his understanding is that David Lisk, Building Maintenance Supervisor, said he needs this authorization in order to move forward with the new BID. Legislator Fagan requested to make sure Mr. Lisk brings numbers to the next Public Works Committee meeting. O’Hearn said he would request that David do so and understood that there was also a time constraint to get this going. Legislator Fagan said that he did not want to delay this and understood time is of the essence, so he will vote to approve tonight. Vote: 8-0. RESOLUTION NO. 150A Motion by Bleiler, Second by Fagan. RE: MOTION TO TABLE RESOLUTION NO. 151 BE IT RESOLVED, that Resolution No. 151 be tabled for further discussion. Vote: 7-1. Karius. RESOLUTION NO. 151 Motion by Bingell, Second by Karius. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS - TABLED ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 53 WHEREAS, Bonnie G. Herzig, Republican Deputy Commissioner in the Board of Elections, tendered her resignation effective March 16th 2006, and WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Mary H. Suits to replace Bonnie G. Herzig with the endorsement of the Republican Party; subject to a required training probationary period of the Board of Elections. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by Joseph Fazzary, Commissioner, Board of Elections of Mary H. Suits as Deputy Commissioner, Board of Elections effective April 11th, 2006 through December 31st, 2006 at an annual salary of $24,000, prorated to 35 hours per week. DISCUSSION: Legislator Bingell asked for clarification on the middle paragraph, where it says “subject to a required training probationary period of the Board of Elections”. She wanted to know what that meant. It also has an effective date of April 11, 2006. This starting salary will be much higher than the usual $8 per hour that has been past practice for training. This starts her at a full salary at day one which is tomorrow. When does she go to Ithaca for training? Administrator O’Hearn stated the training or probationary period is at the direction of Board of Elections, Commissioner. He understood that there will be a six week training period. This is not County policy and he would defer further questions to County Attorney Coleman. O’Hearn said that if there was money in the budget it is to their discretion and what has been done, is within the powers as Commissioner. Attorney Coleman explained that this is correct and that he could not add to it. The Board of Elections is pretty independent, he is unaware of any restriction constraint to be starting at a training wage. Legislator Bleiler stated that in the past that they have paid up to six weeks at $8 per hour, but it seems unfair that the two commissioners can start deputies at different rates. It also seems like both Commissioners would have to agree on the salaries. Legislator Slusser replied that it seems like we have addressed this in the past and the salary was reflective based on experience. Administrator O’Hearn again stated that the Commissioners have that ability to decide, but was not sure what discussion has taken place between the two Commissioners. Legislator Fagan said that if there is a training period payment, there is no trainer available this time and this is probably the difference from the past practice. Legislator Slusser asked for clarification on how Board of Elections positions are different from County. He wanted to know if they are considered county employees. The Clerk informed Legislator Slusser that they are considered county employees. Attorney Coleman answered that they are a County Employee but a unique one. Legislator Slusser replied that they are an employee with benefits, but in this department they can hire any person they want. Attorney Colemen said he is correct, and this is a unique department. Legislator Bleiler stated that there would not be a trainer and if this person is going somewhere else to get trained that it dumps the work on the other deputy. He was not sure why the two commissioners have not gotten together. Legislator Larison was troubled by the person receiving full salary before being trained and felt that a person untrained should not get the same salary. Legislator Fagan inquired if this is a matter to be decided by Commissioners or does it have to be decided laterally with the Legislature. Legislator Yuhasz said that they had a discussion over this before and from what he remembered, the outcome was that they had no say of what they pay for a salary. Legislator Fagan said he felt that this did not foster a good working environment to start out along side the other Deputy at this salary. Legislator Slusser, do we not have a say and are we wasting time talking about it and maybe should we table it. Legislator Yuhasz said he was certain that this had been discussed before and they had no say. Legislator Karius stated that the Republican Party Chairman, Phil Barnes, gave the recommendation of this individual. She also stated that when you start a new job in any position, you do not know everything. Legislator Larison said that he has no problem with the person, just the salary. Legislator Fagan asked again if the Legislature has any say in the matter. Attorney Coleman advised that this Resolution could be tabled and discussed further with the Commissioners. Legislator Bleiler said the Legislature is able to table it because it is our resolution and we can amend the salary. Attorney Coleman explained that the Legislature could table it, but they ca not have a say on the appointment. Administrator O’Hearn said they could have suggested a lower salary, but opted not to, and by having the Resolution, the Legislature is just acknowledging it as a formality. Attorney Coleman said that is correct, they acknowledge the salary. Legislator Slusser requested that they go into executive session to discuss an employee at the end of the meeting. Legislator Yuhasz said that he just wanted to say again that as far as the Board of Elections goes, the Legislature only controls the money. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 54 Vote: None. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Fish & Wildlife Committee. He recently attended a meeting where they discussed opening lands around NYS Reservoirs/watershed for hunting and cutting timber, which will enhance the hunting because this land will now be open to hunting. He also has run into some questions about the hunting laws and accessibility for individuals with disabilities that are hunting. He is looking into getting some clarification. There were also discussions about the Hudson Valley, Erie Canal and the Niagara River. He discussed the change for pleasure boaters using the canal. There will be no pass charge for pleasure boaters using the canal this year. Legislator Bleiler reported on the Public Safety/Criminal Justice Committee. He spoke about Senator Winner’s Senate Bill amendment for the proposed $2,000 tax deduction for Volunteer Firefighters and Volunteer Ambulance workers. The Schuyler County Legislature took this to the Inter-County Association of Western New York meeting and they agreed to support the Bill but now a few things will have to be changed. This will really be up to Senator Winner because he has sponsored the Bill. The State Budget is saying now that a $220 tax credit is being proposed in the budget and this will be better for some people but not others. This will be better than nothing of course but the Governor has until later in the week to decide if he wants to Veto anything in budget. Although he had not heard that he might veto this particular Bill. Legislator Bleiler also reported that he and Legislator Larison, along with Administrator O’Hearn recently went to Delhi in Delaware County to observe their new wireless network. This is eventually coming to our area and will probably be here in about 2-3 years, but in order for it to happen we need to verify tower locations to make sure that it will be in a good location. The State is going to pay to put in their own towers. Legislator Slusser reported that he attended a Municipal Electric and Gas Alliance (MEGA) annual meeting for Board of Directors. He said he is now better aware of what is going on with MEGA. He also said that Administrator O’Hearn is aware and actively involved. The Legislature needs to get better involved. He handed out a Press Release. He also reported on the Industrial Development Agency (IDA) which is supporting the new Hotel project. There will be empire zone credits first thirteen years. He reported that there were still a few Department of Environmental Conservation (DEC) issues he believed. Legislator Fagan reported that he had heard today that the DEC issues are now being resolved and the project should now be moving forward. As far as an update on the Transportation Subcommittee, they have met and hopefully the Chairman will be signing a proposal soon. The consultant should have a Request for Proposal (RFP) draft available sometime next week. The basis for the meeting on the 25th of April will be for the subcommittee to get consultants for the transportation study. COUNTY ADMININSTRATORS REPORT: Administrator O’Hearn reminded everyone that he was hired one year ago today. He wanted to update everyone on the status of the Intermunicipal agreement for Records Management, and wanted to thank Attorney Coleman for his assistance on a nice draft proposal. He will bring the Legislature the proposal for review when it is ready. There seems to be a lot of excitement and support from everyone. Legislator Slusser wanted to know how many Municipalities want to be involved. O’Hearn said there are currently five Municipalities. The State has received the grant. There were 240 applications received. Legislator Bleiler asked if more municipalities could join in after the fact. O’Hearn said yes, right now they are all in the Watkins Glen District and are the one’s that expressed interest. O’Hearn also updated the Legislature on the Council of Government meetings. The Chamber of Commerce will be doing a presentation on County-Wide Tourism and will be seeking some assistance. He gave an update on the Help Americans Vote Act (HAVA) by reporting that they are still discussing it, but need to execute some agreements with the Municipalities in regards to the voting machines. He also reported that recent Sales Tax changes made at the State level have given Counties the provisions to opt out of their 4% portion if the Governor does not VETO that portion of the State Budget. He reported that there were some additional clarifications listed in the New York State Association of Counties ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 55 (NYSAC) that were emailed. If this gets passed, then there will need to be some additional conversation and possible action. In reference to the National County Government Week, he has met with several interested Department Heads and discussed ideas of ways to celebrate the week. They brainstormed and have decided to send out an invitation which has been sent to the School Districts. This also happens to be Committee week for the Legislature and is a great opportunity for students to work side by side with officials. The Watkins Glen School District has responded and said that they are interested in participating, but still checking into it. They have not heard from the Odessa-Montour District yet, but the invitations just went out. We are also planning on highlighting County staff. We sent out a survey asking employees to list their Volunteer participation in the Community. We have also planned an improvement project. We have chosen the Veteran’s Memorial Park and asked if any employees would be willing to volunteer their time to work in the park to prepare it for Memorial Day. The staff has responded and many are interested. This is just one activity and he said to let him know if the legislators had any other ideas. The date for the County Employees to volunteer on the project is set for Saturday, April 29, 2006 at 9:00 a.m.. He stated that he was very proud to be associated with so many staff that are willing to help out. He also reported more on the HAVA demonstration. He met with Board of Elections Commissioner John Vona, and the demonstration date will be April 25, 2006 from 1:00 to 7:00 p.m. at the Community Center. All of the Voting Machine Venders that are in the running for certification will be present. He was told that from 1:00 p.m. -3:00 p.m. will be reserved for Government Officials and the invitation will be coming out. The rest of the time is set aside for the public. PUBLIC PARTICIPATION: Sue Brill stood and stated that she would like to congratulate Administrator O’Hearn for surviving one whole year in his role with the County. MOTION to go to Executive Session to discuss Employee History by Legislator Larison, SECOND by Legislator Slusser. Motion carried eight ayes to zero noes. MOTION to come out of Executive Session made by Legislator Larison, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. The Meeting adjourned at 7:45 p.m. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING APRIL 12, 2006 The April 12, 2006 Special Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz, who was absent. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 152 Motion by Larison, Second by Bingell. 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. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS – TABLED Vote: 7-0 RESOLUTION NO. 151B Motion by Bingell, Second by Bleiler. RE: MOTION TO AMEND RESOLUTION NO. 151 - FAILED BE IT RESOLVED, that Resolution No. 151 be amended to include a 6 weeks probationary period. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 56 DISCUSSION: Legislator Bleiler asked to hear from the Republican Commissioner, Joseph Fazzary. Joe stated that he wants to have the Resolution passed and asked what the questions were from the Legislators. Legislator Bingell stated that she had some questions about the fact that the Deputy was to start yesterday and wanted to know when she was going to get trained. She felt the Deputy should not start without training. Joe stated that the Democratic Deputy Commissioner was on vacation, and between the two Commissioners they were trying to cover the Board of Elections office, but it is difficult. The training will occur in Tompkins County over in Ithaca. The plan was to bring on the new Deputy full-time and when they can have time send her to Tompkins County, at no cost, and they can have the office open as much as possible. He had asked for six weeks of probationary in case it does not work out. He also wants to review the new person at the end of six weeks. Legislator Bingell also inquired as to why there would be a full salary through the training period because this is contrary to the past practice. Joe said there is money in the budget and this has been approved by the State Board, if the Legislature wants to deviate from that, then the other Commissioner, John Vona and I would have to discuss it. He said he had spoken to the State and they told him that this should not be up for discussion today. This seems like the best solution and the best for all of us. Legislator Larison said that his position on this issue has changed from the other night. When hiring other positions, the Legislature hires for the designated Salary rate. An example would be looking at the recent hire of the new Office for the Aging Director. He also sated that he thought historically within the County that we did not hire at a lower rate. Legislator Bleiler said he disagreed with Legislator Larison and stated that the new person needs sufficient training. Legislator Bleiler referred to the Social Services Department, they hire at a lower rate until they are trained, but stated that he felt there was a bigger issue with this situation. He feels there is a need to make sure the two Commissioners are doing the same thing. Joe explained the regulations, and the fact that if Commissioner Vona and himself did not agree, there were provisions in the law to address the issue. In this particular case, if the other side had the opportunity to decide on the wage it may discourage the hiring of an individual and that would be controlling who was able to be hired and that would not be good. For this reason, the law is in place. Legislator Bingell asked if there was a difference between $8 and $13 per hour. Legislator Fagan said he felt the difference in this particular situation and the difference between the past would be that this position is vacant and before there would be a trainee getting trained by the previous Deputy. Now there is a vacancy and Tompkins County is willing to do the training. While the new Deputy is getting trained, Commissioner Fazzary should be there to cover the office. If this is the case then he would not have a problem with the resolution. Legislator Bingell stated that she wants to make a motion to make an amendment to the Resolution to include the six weeks probationary period that Commissioner Fazzary is referring to having for the new Deputy. Attorney Coleman said that this could be done, but it would have to be recorded in writing that Commissioner Fazzary agrees to this amendment. Joe said that he agreed with the required training probationary period and thought that this was going to be in the resolution already, but had no problem having the six weeks probation listed in the resolution now. Legislator Bingell stated that she feels it needs to be in the resolution and that this is the way it should read, she would like to have the six weeks listed in there and then it should be okay. Administrator O’Hearn asked Commissioner Fazzary for further clarification. At the end of the six weeks you will be deciding if she is permanent or not? The County already does six months and is six weeks adequate enough time to decide? Joe said yes and that there were a lot of things coming up which would be able to show him whether she would be permanent or not. Joe wanted to know if this meant they do not need to come back when they decide yes or no at six weeks? There was a consensus that there was not a need to come back to the Legislature. Legislator Slusser asked if Board of Elections employees are allowed to work in campaigns. Joe said they do not participate or are actively involved and they are not allowed to carry petitions. Legislator Slusser asked if there were any procedures in place within the office stating that they are not allowed to offer any additional aid to candidates. Legislator Bleiler said he was not worried about the Commissioners, but this is a change from the first eight years the he had been here with the Legislature. If the Legislature says no about the budget he was not sure if this was very healthy. It seemed unhealthy if the Commissioners could not come in and say we agree on this appointment salary. Commissioner Vona said that he thought that they both had some concerns in regards to what Legislator Slusser was talking about, but they had discussed them. This issue would not be allowed to happen. Joe added that this had already been addressed with the candidate and would not be allowed. Legislator Slusser stated that even with this amendment it is still going to be based ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 57 on Commissioner Fazzary’s decision. Legislator Karius said she has been a Legislator for a long time, enough to see Commissioners and Deputies come and go through the years and it seems ridiculous that everyone was acting like this with this appointment. Vote: 3-4 Noes: Larison, Karius, Slusser, Gifford. RESOLUTION NO. 151 Motion by Bingell, Second by Karius. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS RECINDED BY RES. 171-06 WHEREAS, Bonnie G. Herzig, Republican Deputy Commissioner in the Board of Elections, tendered her resignation effective March 16th 2006, and WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Mary H. Suits to replace Bonnie G. Herzig with the endorsement of the Republican Party; subject to a required training probationary period of the Board of Elections. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by Joseph Fazzary, Commissioner, Board of Elections of Mary H. Suits as Deputy Commissioner, Board of Elections effective April 11th, 2006 through December 31st, 2006 at an annual salary of $24,000, prorated to 35 hours per week. Vote: 7-0 PUBLIC PARTICIPATION: None. The Meeting adjourned at 1:25 p.m. Sharlene A. Parker, Deputy Clerk REGULAR MEETING MAY 8, 2006 The May 8, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator’s Gifford. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Tom Powers representing Famous Brands Store stood and stated that he was in favor of the County voting and approving the Clothing Sales Tax Exemption. He felt that it would help the economic growth and later possibly help with the expansion of businesses on Franklin Street. County Attorney Coleman introduced the new intern that will be in the County Attorney’s office through August. Her name is Rachel Boruchowitz and she will shadow everyone in the office by attending meetings and even court hearings. This is the first intern for the office and he explained that she is a local Schuyler County resident who lives in Trumansburg. This is will be a great way to help her with deciding if she wants to go into the law field further. RESOLUTION NO. 153 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE APRIL 10, 2006 REGULAR MEETING AND THE APRIL 12, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the April 10, 2006 Regular Meeting and the April 12, 2006 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 154 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH SWANSON SERVICES CORPORATION FOR COMMISSARY SERVICES – SHERIFF’S DEPARTMENT WHEREAS, Persons incarcerated in the Schuyler County Jail have the ability to purchase commissary items such as personal hygiene products, clothing and snack foods with monies that are in their personal accounts, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 58 WHEREAS, currently the Schuyler County Jail operates it’s own in house commissary supported by inmate purchases, and by contracting with Swanson Services Corporation will reduce personnel costs for filling orders, improve product selection to inmates, and provide an improved accounting system for all funds, and WHEREAS, all costs associated with this service are paid for by inmates, with no costs incurred by the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, be authorize to sign a contract with Swanson Services Corporation, contract subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 155 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH MONROE COUNTY FOR INPATIENT TREATMENT – SHERIFF’S DEPARTMENT WHEREAS, at times inmates in the custody of the Schuyler County Sheriff are in need of inpatient mental health services, and WHEREAS, the Rochester Center Forensic Unit provides forensic services at the Rochester Center, and WHEREAS, said Forensic Unit has the capability of providing inpatient services for the Sheriff’s Department that has inadequate facilities for treatment of mentally ill inmates. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, be authorize to sign an intermunicipal agreement with Monroe County for the inpatient treatment of mentally ill inmates, at a rate of one hundred twenty five dollars ($125.00) per day, per inmate for a term of January 1, 2006 through December 31, 2010, funding available in the 2006 budget account no. 3150.0456, agreement subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 156 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH MIKE POWERS FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY WHEREAS, there is currently a need for investigative services for the District Attorney’s Office as a result of the number of criminal cases pending in Schuyler County, and WHEREAS, the District Attorney believes that an investigator would enhance his ability to prosecute the extensive number of criminal offenses within Schuyler County, and WHEREAS, the District Attorney requests that a contract with Michael J. Powers be executed for investigative services to the District Attorney’s Office, with compensation to be paid at an hourly rate of $20.00, on an as needed basis, not to exceed $5,000.00 over the term of the contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contact with Michael J. Powers for investigative services to be provided to the District Attorney’s Office beginning May 9, 2006 through March 31, 2007, as long as grant funds are available; said contract with Michael J. Powers is to include compensation at a hourly rate of $20.00 ($5,000.00 maximum over the term of the contract) to be paid according to paragraph 6 of the contract, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 157 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE APPLICATION FOR THE NEW YORK STATE CRIME VICTIM’S BOARD GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the New York State Crime Victim’s Board to assist the Schuyler County District Attorney’s Office in its efforts to ensure that crime victims are fully informed as to the status of matters in the criminal justice system, to ensure that victims are heard, and to ensure that victims receive services from advocates, therapists, counselors, and others as necessary to help them recover from victimization. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for the 2006/2009 New York State Crime Victim’s Board Grant. Vote: 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 59 RESOLUTION NO. 158 Motion by Bleiler, Second by Bingell. RE: RESOLUTION RECOMMENDING THE INCLUSION OF ADDITIONAL LANDS IN SCHUYLER COUNTY AGRICULTURAL DISTRICTS WHEREAS, in accordance with New York State Agricultural Law, Article 25AA, Schuyler County has established an annual enrollment period for landowners to petition the County to include their land in one of the three Schuyler County Agricultural Districts, and WHEREAS, during the 2005 enrollment period the County received requests to add 13 parcels to the districts, but excluded two non-agricultural properties at the request of New York State Department of Agriculture and Markets, and WHEREAS, the County held a public hearing on June 13th, and received no comment from the public, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board has issues a declaration of no negative environmental impact pursuant to 6 Part 617, State Environmental Quality Review. NOW, THEREFORE, BE IT RESOLVED, that the Legislature recommends to New York State Department of Agriculture and Markets that the following parcels be included in Schuyler County Agricultural Districts I, II and III, at the request of the property owners and with the recommendation of the Schuyler County Agriculture and Farmland Protection Board. 2005 Requests for Additions to Schuyler County Agricultural Districts Parcel Town District # Owner 7.00-1-29.1 Hector 1 Edward Dugue, Jr. 7.00-1-32 Hector 1 Edward Dugue, Jr. 107.00-1-50 Montour 2 Mark & Georgie Taylor 97.00-1-42.5 Montour 2 Mark & Georgie Taylor 97.00-1-42.3 Montour 2 Mark & Georgie Taylor 97.00-1-44.2 Montour 2 Mark & Georgie Taylor 44.20-1-9.1 Hector/Burdett 1 Jerome & Valerie Carocci 44.20-1-9.2 Hector/Burdett 1 Jerome & Valerie Carocci 44.20-1-13.1 Hector/Burdett 1 Jerome & Valerie Carocci 94-1-13 Dix 3 Daniel L. Teed Vote: 8-0. RESOLUTION NO. 159 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH STANLEY CLARK – VETERANS SERVICE AGENCY WHEREAS, the Director of Veterans Services highly recommends the renewal of the contract with Stanley Clark for office coverage at the Veterans Service Agency, and WHEREAS, Stanley Clark, an accredited Service Officer, has agreed to provide these services again for the year 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract renewal with Stanley Clark for the term July 1, 2006 through December 31, 2006, in an amount of $12.00 per hour, not to exceed 100 hours, funding available in the 2006 Veterans Service Agency account no. 6510.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 160 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE MAINTENANCE AGREEMENTS WITH TECHNOLOGY SOLUTIONS, INC. – SOCIAL SERVICES WHEREAS, the Department of Social Services purchased Collaborative Care for Kids (CC4K) Child Care software and OnBase Imaging software from Technology Solutions, Inc. in 2005, and WHEREAS, the maintenance agreements for this software need to be renewed on May 1, 2006 at a cost of $4,500 annually for CC4K, and $1,180 for OnBase licenses, and WHEREAS, funding is available in the Department’s budget account no. 6010.435. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 60 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute maintenance agreements with Technology Solutions, Inc. from May 1, 2006, through April 30, 2007, in the amount of $4,500 for CC4K and $1,180 for OnBase licenses, with funding in 6010.435, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 161 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE MAINTENANCE AGREEMENT WITH EASTMAN KODAK COMPANY FOR I260 SCANNER – SOCIAL SERVICES WHEREAS, the Department of Social Services purchased a Kodak i260 scanner, including one year of maintenance, for its Child Care Imaging project last year, and WHEREAS, the scanner maintenance agreement expires on May 14, 2006, and WHEREAS, a new maintenance agreement is available for $900 per year, and WHEREAS, the Department has funds available to pay for this contract out of account no. 6010.435. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an annual maintenance agreement with Eastman Kodak Company for an i260 scanner in the amount of $900 for a term of May 15, 2006 through May 14, 2007, with funding in account no. 6010.435, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 162 Motion by Larison, Second by Yuhasz. RE: RECOGNIZE JUNE 12 - 18, 2006 AS NATIONAL MEN’S HEALTH WEEK - PUBLIC HEALTH WHEREAS, the purpose of Men’s Health Week is to heighten the awareness of preventable health problems and encourage early detection and treatment of disease among men and boys, and WHEREAS, this week gives health care providers, public policy makers, the media and individuals an opportunity to encourage men and boys to seek regular medical advice and early treatment for disease and injury, and WHEREAS, educating both the public and health care providers about the importance of early detection of male health problems will result in reducing rates of mortality, and WHEREAS, appropriate use of tests such as Prostate Specific Antigen (PSA) exams, blood pressure screens, cholesterol screens, etc., in conjunction with clinical examination and self-testing for problems such as testicular cancer can result in the detection of many of these problems in their early stages and increases in the survival rates, and WHEREAS, many men are reluctant to visit their health center or physician for regular screening examinations of male related problems for a variety of reasons including fear, lack of information and cost factors, and WHEREAS, men who are educated about the value that preventive health can play in prolonging their lifespan and their role as a productive family member will be more likely to participate in health screenings. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes June 12 - 18, 2006 as National Men’s Health Week and encourages men of all ages to implement positive lifestyles for themselves and their families. Vote: 8-0. RESOLUTION NO. 163 Motion by Bingell, Second by Larison. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR MEDICATIONS - COMMUNITY SERVICES WHEREAS, the Mental Health Clinic dispenses prescription medications to clients as part of the treatment services provided by the Clinic, and WHEREAS, some medications prescribed for treatment are purchased only as needed and that need cannot be anticipated, and WHEREAS, there is a need to purchase a specific medication for a client, the cost of which is not included in the 2006 Budget, and WHEREAS, reimbursement for such medications will be made by third party insurances. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Community Services budget as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 61 AMOUNT ACCOUNT NO. DESCRIPTION +$3,000 4310.429 Medical Supplies +$3,000 4310-1620 Mental Health Fees Vote: 8-0. RESOLUTION NO. 164 Motion by Bingell, Second by Larison. RE: DECLARE EQUIPMENT SURPLUS FOR VARIOUS DEPARTMENTS - PURCHASING BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the following items of equipment surplus, and BE IT FURTHER RESOLVED, that said equipment be placed in storage for inclusion in the Teitsworth Equipment Auction. 2004 Chevrolet Siverado 4 X 4 Vin# 1GCEK19V04E301767 Central Garage 2003 Jeep Liberty 4 X 4 Vin# 1J4GL48K53W648271 Central Garage 1995 Chevrolet Caprice Vin# 1G1BL52P5SR150474 Sheriff 1995 Chevrolet Caprice Vin# 1G1BL52P5SR151933 Sheriff 1993 Plymouth Van Vin# 2P4GH2531PR343790 Public Health 1987 Thomas Bus Vin# 1T7D2S676H1775083 Sheriff 2003 Chevrolet Express Van Vin# 1GAHG39U731207742 OFA 1994 Ford Ranger Pickup Vin# 1FTCR10A9RTA47802 W & M 1987 Chevrolet Pickup Vin# 1GCGV24KXHS187836 Highway Engine Sheriff Vote: 8-0. RESOLUTION NO. 165 Motion by Bingell, Second by Larison. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER PROVIDING 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. Subdivision of section six of Resolution No. 140 of November 27, 1967 as amended, is amended by adding a new paragraph (13) to read as follows: (13) Clothing and footwear described in paragraph (30) of subdivision of section 1115 of the New York Tax Law. SECTION 2. This resolution shall take effect June 1, 2006, and shall apply in accordance with applicable transitional provisions of the New York Tax Law. DISCUSSION: Legislator Bleiler stated that he was in favor of the exemption. He stated that his reason was because he felt the numbers are relatively small and is thinking of school kids and families. He feels by doing the tax exemption, good things will come from it. He said that he read an article recently and wanted people to be clear that the exemption does not have any relationship with the gas sales tax revenue. He stated that the Legislature does not anticipate any big sales tax increase with the gas tax, the only way the County was able to do this was because New York State now had a cap on Medicaid so they can address local issues and this an important one. Vote: 8-0. RESOLUTION NO. 166 Motion by Bingell, Second by Bleiler. RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH’S NOTICE WHEREAS, it is recommended to amend the Rules of Procedure of the Schuyler County Legislature to amend Rule 22 as it pertains to the vacancy of the Chairman of the Legislature and the Acting Chairman of the Legislature not being able to fill a Standing or Special Committee vacancy because he/she is already a committee member. NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendments to the County Legislature’s Rules of Procedure be hereby given pursuant to Rule 29 of said Rules of Procedure: RULE 22 COMMITTEES IN GENERAL: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 62 Paragraph 11 Any vacancy on a Standing or Special Committee of the Legislature shall be filled by the Chairman of the Legislature without delay. In case of temporary vacancies due to medical reasons, etc. where a Legislator is unable to participate in Committee meetings for a period of two months or more, the Chairman or Acting Chairman of the Legislature may appoint a substitute member to sit on said Committee with full voting powers. Said substitute shall be a legislator that is not already on the committee and shall be the next vice-chairman successors under the Continuity of Local Government. Vote: 8-0. RESOLUTION NO. 167 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATION FOR PURCHASE OF LAND AND IMPROVEMENTS RELATIVE TO THE CATHARINE VALLEY TRAIL – BUILDINGS AND GROUNDS WHEREAS, the county has acquired a parcel of land which extends from the east end of Seneca Harbor Park southeast fifteen (15) feet wide along the southern edge of the Finger Lakes Rail Road right-of-way to a point just past Perry Street, and WHEREAS, the intended use of this land is for the Catharine Valley Trail to reach its northern end in Seneca Harbor Park, and WHEREAS, there is about five hundred (500) feet of private land between the east end of the new parcel and Fourth Street, which connects to the Village of Watkins Glen property, that is to be used for the Catherine Valley Trail, and WHEREAS, the County was not successful applying in the 2005 grant cycle. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a grant application to reapply for funding under the Environmental Protection Act of 1993 and Federal Land and Water Conservation Fund for the purchase of the remaining land as well as making the Catherine Valley Trail improvements. Vote: 8-0. RESOLUTION NO. 168 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH SUIT-KOTE FOR COURTHOUSE COMPLEX PARKING LOT RESTORATION – BUILDINGS AND GROUNDS WHEREAS, the Courthouse Complex Parking Lot is in need of minor repairs and sealing, to extend the life of the lot, and WHEREAS, the Building maintenance Supervisor has accepted the New York State Office of Government Services bid of $9,216.65 from Suit-Kote. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Suit-Kote in the amount of $9,216.65 for minor repairs and sealing of the Courthouse Complex parking lot, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that funding is available in the Capital reserve account 004.0004.0878. Vote: 8-0. RESOLUTION NO. 169 Motion by Bingell, Second by Larison. RE: RESOLUTION OFFICIALLY DEFINING THE SENECA HARBOR PARK AS A SEASONAL PARK AND SET THE HOURS OF OPERATION – BUILDINGS AND GROUNDS WHEREAS, the Hours of Operation for Seneca Harbor Park have never been established, and WHEREAS, the Public Works Committee recommends setting the hours of operation and officially defining the park as a Seasonal Park. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby sets the Seneca Harbor Park’s Hours of Operation and that signage will be displayed to reflect the following: April 1st – December 14th - Sunrise to 11:00 P.M. December 15th – March 31st - Park closed enter at your own risk DISCUSSION: Attorney Coleman stated that he just had a question that just occurred. He understands the intent to set hours and if people were found in the park after hours they could be asked to leave by Village Police, but he was concerned by the wording of “enter at your own risk”. It is the intention that people can enter, but they are at risk, correct? The consensus of the Legislature’s response was that this was correct for the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 63 meaning. Legislator Slusser asked why it is only for the season. Legislator Bingell replied that this is because of staffing and toilets. There are no bathrooms available in the off season. Legislator Slusser stated that maybe there was a need to be clearer on the dates. This would mean someone could enter beyond the dates, but if you entered after 11:00 p.m. and were not invited when it is closed for the season; the person would not be kicked out, but simply told that the park is not open. Chairman Gifford stated that the Village Police would have some authority with the hours and season dates being set. Vote: 8-0. RESOLUTION NO. 170 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED IN- PLACE PROJECTS - HIGHWAY WHEREAS, Resolution No. 20-06 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 09, 2006. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the following bids retroactive to May 1, 2006: ALL BIDS ACCEPTED FOR HOT MIX ASPHALT & UNSPECIFIED PROJECTS Hanson Aggregates BRD, Inc. Gravel & Contracting Co P.O. Box 513 2105 S. Broadway Jamesville, NY 13078 Pine City, N.Y.14871 Seneca Stone A.L. Blades & Sons, Inc P.O. Box 76 PO Box 590, 7610 County Route 65 Fayette, NY 13065 Hornell, NY 14843 Narde Paving Chemung Contracting Corp 400 East 14th Street 2105 South Broadway Elmira Heights,NY 14903 Pine City, NY 14871 ONE BID ACCEPTED FOR PROJECTS #1 & #2 A.L. Blades & Sons, Inc PO Box 590, 7610 County Route 65 Hornell, NY 14843, and BE IT FURTHER RESOLVED, that the following bids be rejected for Projects #1 and Hanson Aggregates BRD, Inc. Chemung Contracting Corp. P.O. Box 513 2105 South Broadway Jamesville, NY 13078 Pine City, NY 14871 Narde Paving Babcock Enterprises LTD. 400 East 14th Street 10121 Poags Hole Road Elmira Heights,NY 14903 Dansville, NY 14437, and BE IT FURTHER RESOLVED, that all bids be rejected for Project Copies of these bids are available for inspection at the Highway Office. Vote: 8-0. RESOLUTION NO. 171 Motion by Bingell, Second by Larison. RE: RESCIND RESOLUTION NO. 151-06 TITLED “ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS” WHEREAS, Resolution No. 151-06 appointed Mary Suits as Deputy Commissioner of the Board of Elections, and WHEREAS, Mary declined the job offer after the Resolution had passed. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 151-06 is hereby rescinded. Vote: 8-0. RESOLUTION NO. 172 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 64 RE: APPOINTMENT – ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, that Janice Arcangeli-Neira be appointed to the Environmental Management Council as the Village of Burdett representative for the term of January 1, 2006 through December 31, 2007. Vote: 8-0. RESOLUTION NO. 173 Motion by Larison, Second by Bingell. RE: AUTHORIZE OUT OF STATE TRAVEL FOR TRAINING IN SOUTH CAROLINA – DISTRICT ATTORNEY’S OFFICE WHEREAS, the District Attorney’s Office has applied to have Holly Mosher, Assistant District Attorney, participate in the Prosecutor’s Bootcamp Course to be held at the National District Attorneys Association in Columbia, South Carolina, and WHEREAS, the National District Attorneys Association covers all costs associated with travel and lodging for this course, and WHEREAS, it would be very beneficial for Holly Mosher to attend the above program, and out of state travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that Holly Mosher of the District Attorney’s Office be hereby authorized to travel out of state to attend the aforementioned training at no cost to the County. Vote: 8-0. RESOLUTION NO. 174 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COUNTY TREASURER POSITION – TREASURER’S OFFICE BE IT RESOLVED, that this Legislature acknowledge the appointment by Margaret E. Starbuck, County Treasurer, of Lisa Buckley as Deputy County Treasurer at an annual salary of $32,643, effective May 9, 2006, to fill the vacated four-year term ending December 31, 2007, said position is in Grade Level E of the Management/Confidential Salary Plan. Vote: 8-0. RESOLUTION NO. 175 Motion by Larison, Second by Yuhasz. RE: ACKNOWLEDGE THE SCHUYLER COUNTY VETERANS MEMORIAL PARK WHEREAS, there has never been a place in Schuyler County that honors all of the military serviceman or woman heroes, past or present, and WHEREAS, the creation of the park was inspired when the American Legion of Odessa, New York who visited other memorial sites in other counties, and WHEREAS, thanks to numerous monetary and in-kind donations, the Schuyler County Veterans Memorial Park has been created and built at the American Legion Memorial Park in Odessa, New York, and WHEREAS, said park was created to honor all Schuyler County veterans and will serve as a place to congregate, contemplate, reflect and pay tribute. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the Schuyler County Veterans Memorial Park, the work done by the Odessa American Legion, and BE IT FURTHER RESOLVED, that the Legislature also recognizes and commends all those who contributed monetary or in-kind donations or services, and all of the veterans who helped make the Schuyler County Veterans Memorial Park a reality. Vote: 8-0. RESOLUTION NO. 176 Motion by Larison, Second by Yuhasz. RE: APPOINTMENT – SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY BE IT RESOLVED, that Richard Owlett be appointed to the Schuyler County Industrial Development Agency (SCIDA) to fill the vacancy of John Prendergast for the term May 9, 2006 through December 31, 2007: Vote: 8-0. RESOLUTION NO. 177 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE OUT OF STATE TRAVEL FOR INSPECTION OF MOBILE COMMAND TRAILER IN – EMERGENCY MANAGEMENT OFFICE WHEREAS, Schuyler County applied and has received an Expedited Deployment Funding grant through the New York State 911 Board for the purpose of providing a back up 911 center, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 65 WHEREAS, Resolution No. 390-05 authorized the acceptance of a bid and signing of a contract with Mobile Concepts by Scott to purchase a Mobile Command/911 Trailer, and WHEREAS, the contract includes a pre-delivery inspection when the unit is 70% complete, and WHEREAS, the Mobile Concepts covers all costs associated with travel and lodging for this inspection, and WHEREAS, it would be very beneficial for William Kennedy, Emergency Management Coordinator, and Sheriff William Yessman to conduct this inspection, and out of state travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that William Kennedy, Emergency Management Coordinator and Sheriff William Yessman are hereby authorized to travel out of state to conduct the aforementioned inspection at no cost to the County. Vote: 8-0. RESOLUTION NO. 178 Motion by Larison, Second by Bingell. RE: MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three Resolutions be brought to the floor. Vote: 8-0. RESOLUTION NO. 179 Motion by Larison, Second by Bingell. RE: DESIGNATE THE GOVERNMENTAL OPERATIONS COMMITTEE AS THE COMMITTEE TO REVIEW FINANCIAL DISCLOSURE FORMS ON BEHALF OF THE COUNTY BOARD OF ETHICS WHEREAS, the New York State’s Public Authorities Accountability Act requires any Industrial Development Agency (IDA) or Local Development Corporation (LCD) board members, officers and employees to file annual financial disclosure statements with the County Board of Ethics, and WHEREAS, the Schuyler County Legislature is considered the County Board of Ethics, and WHEREAS, the Chairman of the Legislature wishes to designate the Governmental Operations Committee as the proper committee responsible for reviewing such financial disclosure forms and referring any conflicts to the full Legislature as the County Board of Ethics. NOW, THEREFORE, BE IT RESOLVED, that the Governmental Operations Committee is hereby designated as the committee to review any financial forms filed in the Legislative Office from any IDA or LCD in Schuyler County, and BE IT FURTHER RESOLVED, that the Governmental Operations committee is to refer any conflicts to the full Legislature, as the County Board of Ethics, for consideration or action. DISCUSSION: Attorney Coleman spoke regarding the Board of Ethics. He stated that it was okay to pass this Resolution, however do not be surprised if your local volunteers will be concerned with the size of the documents they have to fill out. Chairman Gifford stated that the County Administer is checking into whether the county is able to use a more concise form. He stated that the Schuyler Tobacco Asset Securitization Committee (STASC), the Industrial Development Agency (IDA), and the Schuyler County Partnership for Economic Development (SCOPED) have received the notice of the form. Legislator Bleiler asked for clarification. If the resolution was passed, would it cover all the entities? Attorney Coleman replied, yes. Legislator Larison asked how many people would be involved in completing the form. Is it around fifty people? Chairman Gifford replied that it would be used with all the Boards. Chairman Gifford stated that the forms ask a lot of questions. Legislator Slusser asked if he had been given a copy of the form. The Clerk of the Legislature stated that it had been emailed to legislators. Legislator Slusser inquired if the headline should say “Conflict of Interest”? Attorney Coleman replied that it should say, “Financial Disclosure”. Legislator Larison asked what the time frame would be to get all these people to complete the form. Chairman Gifford replied that the STASC is given the due date of June 15, 2006. Legislator Slusser said the IDA already wanted them. Chairman Gifford stated to keep in mind that this is a work in process. Administrator O’Hearn stated that they were trying to go with the Binghamton University model, but was not sure how to get around the long form disclosure. Attorney Coleman is currently reviewing it to see if this will be possible. Legislator Bleiler said he thought that the Board of Education had to do this also. Attorney Coleman replied, yes. He said when you read the form it addresses the financial aspect and conflict of interest. He again stated that it was okay doing the Resolution, but to not be surprised if they go into a different direction at some point. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 66 Vote: 8-0. RESOLUTION NO. 180 Motion by Larison, Second by Bingell. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM JULY 1, 2006 – JUNE 30, 2007 – HEALTH SERVICES WHEREAS, Schuyler County must provide transportation to preschool children with disabilities. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Health Services be hereby authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 2006 through June 30, 2007, 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 St., Unit 6, Watkins Glen, NY 14891, no later than 9:15 AM, June 1, 2006. The bids will be opened that same day in the Legislative Office at 9:30 a.m. at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the June 12, 2006 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote: 8-0. RESOLUTION NO. 181 Motion by Larison, Second by Bingell. RE: PROCLAIM THE MONTH OF MAY 2006 AS COMMUNITY ACTION MONTH WHEREAS, community action agencies were created when the Economic Opportunity Act of 1964 was signed into law, and WHEREAS, community action agencies have more than a 40-year history of promoting self-sufficiency for the limited income, and WHEREAS, community action agencies have made an essential contribution to individuals and families in Schuyler County by providing them with innovative and cost-effective programs, and WHEREAS, community action agencies are needed as major participants in the reform of the welfare system as we know it, and WHEREAS, welfare reform in Schuyler County has benefited from a partnership with its community action agencies, and WHEREAS, the limited income citizens continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity, and WHEREAS, Schuyler County and the entire United States must continue to wage war on poverty by providing support and opportunities for all citizens in need of assistance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, does hereby proclaim May 2006 as Community Action Month in Schuyler County in recognition of the hard work and dedication of its designated community action agency. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Forest Practice Board. He reported that he had been working on getting the State Legislature to not place taxation on trees that are removed from private land, but found out that it was not a good idea. He reported that he had reversed his stand because if you take the tax off, it affects a lot of things. What if someone owns land and cuts down all the trees just to get a tax break? Legislator Bleiler reported on the Public Safety/Criminal Justice Committee. He reported that the Statewide Wireless Network tower location is being looked at and they will have a planning meeting tomorrow. Legislator Slusser reported that there was an Agriculture & Farmland Future of Farming presentation of Dairy farmers in April. Legislator Yuhasz reported on the Community Services Tobacco program. Legislator Fagan reported on the Transportation Sub Committee’s request for proposal. They have been mailed out and the committee is hoping to receive proposals back soon. COUNTY ADMINISTRATOR’S REPORT: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 67 Administrator O’Hearn reported that the Seneca Harbor Phase III bid opening is scheduled for this Friday. The National County Government Week was well received and a success for having such a short period of time to prepare. On April 26th there was an Open House with displays from various departments and agencies. He wanted to commend the County Staff for the participation. The School Districts sent some students for shadowing, but short notice and Spring Break made it difficult for participation. He also reported that on Saturday, sixteen volunteers met at the new Schuyler County Veteran’s Memorial Park in Odessa to prepare for the dedication. He said he was proud to be associated with this group who did a lot of hard work raking and doing other landscaping. On April 26th, the Council of Governments met and was well attended with all municipalities. There was unanimous support for a County wide reevaluation/assessment subcommittee. On June 7th there will be another meeting to outline specific strategies to address. It was the consensus with the group that this will help with fairness in the county with taxes and assessments. Lastly, he reported that he put out an invitation to all County Staff to see if there would be interest in participating for the first time in the Watkins Glen Waterfront Festival for the Cardboard Boat race to be held on Saturday, June 17th. He suggested to the County Staff, the building of the SS Schuyler boat. He invited the Legislators to participate also. He hoped to be able to enter and to win and has challenged the neighboring Counties with a Chairman’s Cup race. The staff will be having there first planning meeting next Tuesday in the Legislative Chambers. PUBLIC PARTICIPATION: Gordon Swarthout stood and inquired where Seneca Harbor Park was located. He asked if it was located in the Village and was it considered a Village or County Facility. He then went on to ask why the County taxpayers were paying for a facility that was located in the Village of Watkins Glen. He stated that the Village should be paying for this instead of the County taxpayers. MOTION to go to executive session to discuss possibly property acquisition by Legislator Larison, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. MOTION to come out of executive session by Legislator Larison, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. The Meeting adjourned at 7:45 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING MAY 22, 2006 The May 22, 2006 Special Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Bleiler who was absent. County Attorney Coleman was excused and County Administrator O’Hearn was present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 182 Motion by Larison, Second by Bingell. 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 ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION – BUILDINGS AND GROUNDS 2. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS Vote: 7-0. RESOLUTION NO. 183 Motion by Larison, Second by Bingell. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 68 RE: ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK PHASE III CONSTRUCTION – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 150-06 authorized a contract with Hunt Engineers to provide construction documents, bid administration and construction administration as well as authorization to re-bid the Seneca Harbor Park Phase III project. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts Hunt Engineers recommendation of the low bidder, Edger Enterprises, 330 E. 14th Street Elmira Heights, NY 14903, for the Seneca Harbor Park Phase III construction work at the low bid of $455,000 to include Alternate one totaling $80,000 for a total contract price of $535,000, work to be completed by October 1, 2007, and BE IT FURTHER RESOLVED, that the following bid be rejected: Fahs Construction Group 2224 Pierce Creek Road Binghamton, NY 13903, and BE IT FURTHER RESOLVED, that the remaining Phase II Grant Funds of $43,081.44 have been approved by New York State Parks, Recreation and Historical Preservation for use on Phase III, and BE IT FURTHER RESOLVED, that the remaining cost are to be paid from the capital reserve 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 Edger Enterprises at a cost of $535,000, subject to approval of the Schuyler County Attorney, the Office of Parks, Recreation and Historical Preservation, and review of the County Administrator. Vote: 7-0. RESOLUTION NO. 184 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COMMISSIONER POSITION – BOARD OF ELECTIONS WHEREAS, Bonnie G. Herzig, Republican Deputy Commissioner in the Board of Elections, has tendered her resignation effective March 16th 2006, and WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Carolynn M. Landon to replace Bonnie G. Herzig with the endorsement of the Republican Party; subject to a required training probationary period of the Board of Elections. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by Joseph Fazzary, Commissioner, Board of Elections of Carolynn M. Landon as Deputy Commissioner, Board of Elections effective May 29th, 2006 through December 31st, 2006 at an annual salary of $25,500, prorated to 35 hours per week. Vote: 7-0. PUBLIC PARTICIPATION: None. MOTION by Legislator Fagan to go into executive session to discuss possible property acquisition, SECOND by Legislator Bingell. Motion carried seven ayes to zero noes. MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Yuhasz. Motion carried seven ayes to zero noes. The Meeting adjourned at 9:48 a.m. Stacy B. Husted, Clerk REGULAR MEETING JUNE 12, 2006 The June 12, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Terry Stewart stood and stated that he had a rented Marina Slip at Seneca Harbor Park for his sail boat. He explained that he provides sailing charters to people which are on his boat for more than three hours, which ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 69 would be a problem for this proposed resolution that is being voted on tonight. He also stated that he was the Commodore of the Finger Lakes Yaht Club and wanted to remind the Legislature that the boat owners in the Marina are also boating, eating and visiting other area businesses in the County. They pay a boat slip rental fee and he feels a parking space in the parking lot should be in order too. Another boat owner in the Marina stood and stated his name, John Norquist who is an owner of a Business in Hector and has been in the marina for a very long time. He also agreed with Mr. Stewart’s concerns. RESOLUTION NO. 185 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE MAY 8, 2006 REGULAR MEETING AND THE MAY 22, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the May 8, 2006 Regular Meeting and the May 22, 2006 Special Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 186 Motion by Bingell, Second by Bleiler. RE: AMEND THE 2006 BUDGET FOR INDIGENT LEGAL SERVICES FUNDS – PUBLIC DEFENDER WHEREAS, the Schuyler County Public Defender’s Office is in receipt of funding in the amount of $55,298.09 from the New York State 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; and WHEREAS, said funds need to be placed in the appropriate line items in the budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Public Defender’s budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$30,000.00 1170.400 Conflict Defender 8,432.00 1170.435 Professional Fees & Services 8,432.00 1170.563 Assigned Counsel/Family Court 8,434.09 1170.605 Assigned Counsel/Criminal Court TOTAL +$55,298.09 1170.3389 Other - Indigent Legal Services Fund Vote: 7-0. RESOLUTION NO. 187 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE AN AGREEMENT WITH THE VILLAGE OF MONTOUR FALLS FOR PATROL SERVICES – SHERIFF’S DEPARTMENT WHEREAS, the Village of Montour Falls wishes to contract with the Schuyler County Sheriff’s Department for police patrol services, and WHEREAS, they are willing to pay the amount of $25 an hour for a period of November 1, 2006 through June 30, 2007 for said services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with the Village of Montour Falls for patrol services at a cost of $25 per hour, not to exceed $2,500 for a period of November 1, 2006 through June 30, 2007, contract subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 188 Motion by Bingell, Second by Bleiler. RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that Beverly Clickner be appointed to the Schuyler County Youth Board for a term of January 1, 2006 through December 31, 2008. Vote: 7-0. RESOLUTION NO. 189 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRIANGLE GRANT APPLICATION FOR THE FAMILY PLAY AND RESOURCE CENTER – YOUTH BUREAU ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 70 WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed in order to contract for program development and oversight, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, the Triangle Grant offers funding from between $5,000 and $15,000 and there is no local match. 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 approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 190 Motion by Larison, Second by Bingell. 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, 2005 through March 31, 2006, 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: 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 71 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 72 RESOLUTION NO. 191 Motion by Larison, Second by Bingell. RE: ADOPT SCHUYLER COUNTY ADMINISTRATIVE MANUAL – HUMAN RESOURCES WHEREAS, the Human Resources Department has developed an Administrative Manual which contains managerial rules and procedures as set forth by the Legislature, and WHEREAS, said Manual has been reviewed by the County Administrator and Department Administrators, and approved by the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Schuyler County Administrative Manual dated June 12, 2006. Vote: 7-0. RESOLUTION NO. 192 Motion by Larison, Second by Bingell. RE: ADOPT REVISED SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL – HUMAN RESOURCES WHEREAS, the Human Resources Department has revised the County’s Policies and Procedures Manual dated December 29, 1993, and WHEREAS, said Manual has been reviewed and approved by the County Attorney’s Office, County Administrator’s Office and County’s Labor Counsel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the revised Schuyler County Policies and Procedures Manual dated June 12, 2006, and BE IT FURTHER RESOLVED, that said Manual supersedes all previous Policy and Procedure manuals, resolutions, directives and memos, and BE IT FURTHER RESOLVED, that the Human Resources Department be directed to issue the revised Manual to every County employee. Vote: 7-0. RESOLUTION NO. 193 Motion by Larison, Second by Bingell. RE: RULES OF PROCEDURE MODIFICATION WHEREAS, notice of modification of the County Legislature’s Rules of Procedure was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature’s Rules of Procedure be modified as follows: RULE 22 COMMITTEES IN GENERAL: Paragraph 11 Any vacancy on a Standing or Special Committee of the Legislature shall be filled by the Chairman of the Legislature without delay. In case of temporary vacancies due to medical reasons, etc. where a Legislator is unable to participate in Committee meetings for a period of two months or more, the Chairman or Acting Chairman of the Legislature may appoint a substitute member to sit on said Committee with full voting powers. Said substitute shall be a legislator that is not already on the committee and shall be the next vice-chairman successors under the Continuity of Local Government. Vote: 7-0. WHEREAS, the bills for these repairs should be paid from the Community Services Board account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $14,231.50 from the Community Services Board Reserve Account to account no. 4310.426-Maintenance of Equipment, for repairs at the Mill Creek building. Vote: 7-0. RESOLUTION NO. 194 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES BOARD WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, major repairs have recently taken place at the Mill Creek Center building involving the updating of the Heating/Venting/Air Condition (HVAC) system, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 73 WHEREAS, the bills for these repairs should be paid from the Community Services Board account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $14,231.50 from the Community Services Board Reserve Account to account no. 4310.426-Maintenance of Equipment, for repairs at the Mill Creek building. RESOLUTION NO. 195 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH WATKINS GLEN CENTRAL SCHOOL DISTRICT FOR COORDINATOR OF SCHOOL SUPPORT SERVICES FOR 2006-2007 – COMMUNITY SERVICES WHEREAS, the Community Services Department currently contracts with the Watkins Glen Central School District for a coordinator of school support services and such contract will expire on June 30, 2006, and WHEREAS, continuation of these services would be beneficial to the delivery of mental health services to the students of Schuyler County schools, and WHEREAS, State Aid is available to fund this contract at no local share cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Watkins Glen Central School District for the provision of a Coordinator of School Support Services, for the period July 1, 2006 through June 30, 2007, in an amount not to exceed $70,000 for the term of the contract, funding being available in the Community Services budget account no. 4310.435- Professional Fees and Services, with no local share cost, subject to the approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 196 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH RICHARD KWITEK FOR OUTCOME EVALUATION OF HOMMED MONITORING SYSTEM – PUBLIC HEALTH WHEREAS, the Public Health Department’s contract with Richard Kwitek for outcome assessment of its home telemonitoring of home care nursing services expired on December 31, 2005, and WHEREAS, continuation of these services would be beneficial to the delivery of public health services to the residents of Schuyler County. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Richard Kwitek to provide outcome assessment and evaluation of the home telemonitoring system, for the period January 1, 2006 through December 31, 2006, total annual amount not to exceed $2,000, such amount provided for in the Public Health budget account no. 4010.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 197 Motion by Bingell, Second by Yuhasz. RE: ADOPT OPERATIONS AND PROCEDURES MANUAL - HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there needs to be guidelines established regarding operations and procedures pertaining to the function of the Highway Department, and WHEREAS, a complete operations and procedures manual was initiated by the Highway Department with clarifications that have been approved by Labor Counsel, the Human Resources Director, and the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Operations and Procedures Manual established on June 12, 2006. Vote: 7-0. RESOLUTION NO. 198 Motion by Bingell, Second by Larison. RE: AMEND THE 2006 COUNTY ROAD FUND BUDGET – HIGHWAY DEPARTMENT WHEREAS, the amount of the Consolidated Highway Improvement Program (CHIPs) funds for 2006 were increased by the passing of the State Budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 County Road Fund for the expense and revenue as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$46,635.70 5112.525 Permanent Improvements ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 74 +$46,635.70 0002.3501 Consolidated Highway Aid Vote: 7-0. RESOLUTION NO. 199 Motion by Bingell, Second by Larison. RE: AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN DOCUMENTS FOR PROPERTY ACQUISITION RELATIVE TO THE CR 05 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT WHEREAS, the Engineers design for rehabilitation of the CR 05 bridge replacement project are outside the right-of-way which will require some additional documentation and expenditures to allow for installing the new abutments for slip-lining and riprap, and WHEREAS, the new design would require a permanent easement to accommodate any possible flooding that may occur due to the slip-lining of the existing bridge, and WHEREAS, there needs to be real property appraisal reports, acquisition fees and signatures required for this stage of the project, funds available in the 2006 budget account no. 5020.400. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any pertinent documents that are relevant to the negotiations, appraisals, and fees, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that Schuyler County agrees to pay all costs associated with this stage of the project according to the Federal-Aid Project guidelines. Vote: 7-0. RESOLUTION NO. 200 Motion by Bingell, Second by Larison. RE: AUTHORIZE INTERMUNICIPAL AGREEMENT FOR CHARGEBACK OF ELECTION EXPENSES WITH ALL EIGHT TOWNS PURSUANT TO ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW AND THE HELP AMERICA VOTE ACT (HAVA 2002) – AS AMENDED BY RES. NO 317-06 WHEREAS, the above-mentioned federal law requires that certain election functions be consolidated at the county level and allows counties to apportion election expenses to the towns, and WHEREAS, the County of Schuyler shall in the first instance bear the cost of certain items to be charged back proportionately to the towns, and WHEREAS, HAVA also confirms certain responsibilities in County Boards of Election and allows apportionment of certain new costs to the towns. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, per Resolution No. 351-05 agrees to pay election inspectors, poll clerks and election coordinators who shall continue to be appointed by the County Board of Elections and chargeback the cost to the towns, and BE IT FURTHER RESOLVED, that the County and Towns shall share all new costs associated with HAVA 75% to the County, 25% to the towns, and “BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an ongoing intermunicipal agreement with all eight towns effective immediately.” Vote: 7-0. RESOLUTION NO. 201 Motion by Bingell, Second by Bleiler. RE: RESOLUTION IN OPPOSITION TO SENATE BILL S2164 AND ASSEMBLY BILL A4253 - AN ACT TO AMEND THE AGRICULTURE AND MARKETS LAW, THE STATE FINANCE LAW AND THE GENERAL BUSINESS LAW, IN RELATION TO REGULATING BOARDING KENNELS AND GROOMING ESTABLISHMENTS WHEREAS, Senate Bill S2164 and Assembly Bill A4253 is an act to amend the Agriculture and Markets Law, the State Finance Law and the General Business Law in relation to regulating boarding kennels and grooming establishments to require proof of vaccination from pet owners before such animal is placed in the establishment, and WHEREAS, if proof is not provided then said animals will be required to be re-vaccinated, unfairly jeopardizing the health and welfare of animals as well as force the veterinary profession to practice unsafe and unsound medicine, and WHEREAS, letters have been sent to numerous Senators and opposing Senate Bill S2164 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 75 and Assembly Bill A4253 urging them to vote no on these bills from Veterinarians, Professors of Veterinary Medicine, and other interested parties, and WHEREAS, a local Veterinarian, Dr. Kirk Peters, DVM, has also written a letter urging this Legislature to encourage our representatives to vote no on the above mentioned bills. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby opposes Senate Bill S2164 and Assembly Bill A4253 and encourages its Senate and Assembly representatives to disapprove of said bills, and BE IT FURTHER RESOLVED, that certified copies of this resolution and copies of the above mentioned letters are to be sent to Senator George H. Winner, Jr. and Thomas F. O’Mara. Vote: 7-0. RESOLUTION NO. 202 Motion by Bingell, Second by Bleiler. RE: RECOGNIZE THE TOP DRAWER 24 RECIPIENTS WHEREAS, the Odessa File, a local internet media publisher has created and defined the “Top Drawer 24” award and subtitled it “The Brian J. O’Donnell Schuyler County Scholar-Athletic-Citizen Team”, and WHEREAS, the selected recipients are students from the Odessa-Montour and Watkins Glen Central Schools, and WHEREAS, these students reflect the behavior, attitudes and achievements necessary to provide positive role models for their peers and younger students and to act as Schuyler County youth ambassadors in surrounding school districts and communities, and WHEREAS, the same characteristics of hard word, determination, teamwork and sportsmanship exhibited by these students are the foundation for good citizenship. NOW, THEREFORE, BE IT RESOLVED, that this Legislature recognizes the “Top Draw 24” recipients as exemplary youth citizens and encourages Schuyler County agencies and programs to recognize and promote the development and continuation of such citizenship activities in Schuyler County. Vote: 7-0. RESOLUTION NO. 203 Motion by Bingell, Second by Bleiler. 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 THEREOF – HIGHWAY DEPARTMENT WHEREAS, a Project for the replacement of BIN 3332390, Stillwell Road over Taughannock Creek, Town of Hector, Schuyler County, PIN 6753.77 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the 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 3332390, Stillwell Road over Taughannock Creek, Town of Hector, Schuyler County, PIN 6753.77. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project, and authorizes payment in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of approximately $125,000.00 and 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 NYSDOT thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be 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 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 76 federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, subject to approval of the Schuyler County Attorney, 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: 7-0. RESOLUTION NO. 204 Motion by Bingell, Second by Slusser. RE: AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP SERVICES – REAL PROPERTY TAX AGENCY WHEREAS, the county contracts with Weiler Mapping, Inc. for the maintenance of tax maps, and WHEREAS, the contract is up for renewal with additional provisions including certain data upgrades and the hosting of the county’s Internet Map Server (IMS), and WHEREAS, the contract also includes a provision for integration of various layers of data into the IMS and rectification of discrepancies between the tax parcel layer and the NYS digital orthophotography, to be billed at $65.00 per hour for the GIS Analyst and $40.00 per hour for the GIS Technician, with the total cost of the hourly services not to exceed an additional amount of $11,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Weiler Mapping, Inc. for the Real Property Tax Office encompassing the above work for the term of January 1, 2006 through December 31, 2006, in the amount of $14,220 for the maintenance and a not to exceed amount of $11,000 for the hourly services, funding available in the 2006 budget account no. 1355.577-Tax Maps; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 205 Motion by Bingell, Second by Slusser. RE: ACCEPT OFFER FOR SURPLUS/ABANDONED COUNTY HIGHWAY RIGHT-OF-WAY WHEREAS, the Schuyler County Legislature hereby declares that portion of State Route (SR) 224 surplus and no longer required for public use in accordance with County Law §215 by a 2/3 vote, and WHEREAS, the New York State Department of Transportation (NYSDOT) has abandoned maintenance jurisdiction to that portion of SR 224 southerly adjacent to the premises of Carl Michael Scullin and Laurie E. Scullin situate in the Town of Catharine, County of Schuyler, State of New York, and WHEREAS, said Scullins have offered the sum of $400.00 therefore, subject land being of nominal value, and WHEREAS, pursuant to §118a of the Highway Law, subject land may be conveyed to an adjoiner without public bidding. NOW, THEREFORE, BE IT RESOLVED, that upon receipt of the consideration stated, the Schuyler County Attorney’s Office shall prepare all documents required to convey said premises by Quitclaim Deed in such manner as the County Attorney shall determine in his discretion and that the Chairman of the Schuyler County Legislature is hereby authorized to execute and forward to the buyer the requisite conveyancing documents, the filing thereof and all expenses incident thereto to be the responsibility of the buyers, and BE IT FURTHER RESOLVED, that no Abstract of Title or title representations of any land whatsoever shall be made, the buyers to take strictly “as is.” Vote: 7-0. RESOLUTION NO. 206A Motion by Bleiler, Second by Slusser. RE: MOTION TO AMEND RESOLUTION NO.206 BE IT RESOLVED, that Resolution No. 206 be amended to add an additional BE IT FURTHER RESOLVED clause as follows; “BE IT FURTHER RESOLVED, that said regulations applies to park operating hours only”. Vote: 7-0. RESOLUTION NO. 206 Motion by Bingell, Second by Slusser. RE: SET PARKING REGULATIONS FOR SENECA HARBOR PARK – AS AMENDED WHEREAS, to eliminate concerns and frustration due to construction at the Seneca Harbor Park and surrounding areas, the Legislature wishes to enforce parking regulations at Seneca Harbor Park. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 77 NOW, THEREFORE, BE IT RESOLVED, that parking shall be limited to three hours within the parking area of Seneca Harbor Park lying west of the northerly-extended westerly boundary of Decatur Street and as indicated by signage, and BE IT FURTHER RESOLVED, that said parking regulations shall be enforced by the Village of Watkins Glen Police Department according to the Village of Watkins Glen schedule of overtime parking violation fines, the proceeds of which shall be retained by the Village of Watkins Glen, and BE IT FURTHER RESOLVED, that said regulations applies to park operating hours only. DISCUSSION: Legislator Bingell asked if this resolution is going to be excluding the tour busses too. Attorney Coleman answered yes, as the law states it that way. Legislator Bingell asked how much parking is available on the west side of the parking lot. Administrator O’Hearn said that there will be an additional 140 parking spaces once the lot is paved. Legislator Bingell asked if this will effect anyone parking and walking on the Catherine Valley Trail? O’Hearn said that it would not. Legislator Bingell stated that boat owners come into the parking lot, unload their vehicles and park for the duration. O’Hearn said that he met with Mr. Schamel who operates the Marina and said that with the three hour limit, there would be at least a 1/2 hour time limit turnover. Out of the fifty slots, there may be one designated with time limit for boaters to load and unload. Legislator Bingell inquired if people parking in the handicap parking would be allowed to park longer than three hours. O’Hearn answered yes, they could stay longer. Legislator Slusser said this is a way to try to accommodate people because of the construction that will be occurring. Legislator Bingell said that she felt boaters have paid good money and should be able to get money back if needed because of this parking limit. O’Hearn indicated that they would be utilizing half of the parking lot at a time. He said the plan has a September completion date. He acknowledges that it is not good timing with the hotel building construction project. He also reminded everyone that it is a County owned, public parking lot and that they needed to ensure access to it by the public. Legislator Bleiler asked how the parking on east side would be affected. O’Hearn said that the plan would be to move to the other side when paving was occurring on that side. Legislator Fagan stated that the resolution could be modified in the future. Attorney Coleman agreed and that it could be done by resolution. Legislator Bleiler said Mr. Schamel should take time to talk to his boaters. O’Hearn said Mr. Schamel will notify them by mail after the resolution and that he was fully involved in the process. Legislator Fagan asked if they could get input from audience. Terry Steward spoke again and stated a concern about the lack of lighting near the railroad tracks for parking on that side of the parking lot. Chairman Gifford replied that the plans are to pave and then light that area with the next phase of the Seneca Harbor construction project. John Norquist asked for clarification on whether there would be a three hour time limit during the day and night too. Listing times would be helpful. Legislator Bleiler stated that hours were just set recently for the park and asked Attorney Coleman if they would apply during the time the park was closed. Legislator Bleiler offered an amendment to the resolution that it applies only during operating hours of the park. Another boater in the Marina stood and stated that he was concerned with parking his vehicle by the railroad tracks at night because it is very dark and he is concerned about vandalism. Other concerns at the park were discussed. Terry Stewart made mention of the restriction of working on boats with the paving of the parking lot project. He had heard that there will be some restrictions coming up. He asked if anyone could expand on this and will there be something in writing explaining it further being given to the boaters. Administrator O’Hearn said that this applies to the storm water run off and Mr. Schamel will have to notify everyone of the particulars. Seneca Harbor Park is having upgrades, which is a $600,000 project. It will consist of paving the eastern section and will include streetlights. Work on that project is expected to occur through most of the summer. He said with only half of the project under way at a time, permitting extended parking at all times. With this project there will be measures taken for the protection of the environment. He said that work traditionally done on boats in that eastern section, including the painting of hulls which will be governed by state rules that "will protect the pavement and the environment." That means tarps will have to be used for preventing the runoff of various chemicals into storm sewers or boaters will have to do their work in a different, unpaved area. Terry Stewart inquired if there would be a list of specific chemicals to be written or directions. Administrator O’Hearn said information would be provided. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 78 John Norquist stated that he did not see the point of the resolution. People always find a place to park when there are festivals and events at the lake front. He indicated that he feels this whole thing is really irrelevant. He had been here years and years and there always is a place to park somewhere. Legislator Slusser rephrased back to the audience what he thought he was hearing from the boaters was that they deserve a place to park and everyone else should fend for themselves. Legislator Fagan said he would like to see how it goes with people being able to find parking over on Decatur Street and then it could always be amended by a resolution if needed. Chairman Gifford reminded that the bottom line was that this is a County parking lot and everyone in the County deserves a place to park. Vote: 7-0. RESOLUTION NO. 207 Motion by Larison, Second by Bingell. RE: RECOGNIZE THE WATKINS GLEN STATE PARK’S 100TH ANNIVERSARY CELEBRATION WHEREAS, Schuyler County enjoys a reputation as a first class destination due to its many natural and physical resources, and WHEREAS, this has contributed to a dramatic increase in annual visits by tourists from all over the world, WHEREAS, one of the premiere attractions in bringing visitors to our County is the Watkins Glen State Park, whose scenic beauty is regarded as a marvel of nature, and WHEREAS, visitors to the Park continue to be impressed with the scope of the park and the meticulous maintenance of the entire site, resulting in the establishment of a positive first impression of our community while at the same time serving as the “Gateway to the Finger Lakes”, and WHEREAS, this is evidenced by the park being designated in 2005 as one of Reserve America's Top Outdoor Locations and one of the Top 100 Campgrounds in the nation, and WHEREAS, the Watkins Glen State Park is celebrating their 100th Anniversary this year, commemorating this occasion with a ceremony on Sunday, June 18, 2006, and WHEREAS, the Legislature deems this park to be an asset to Schuyler County located in the heart of the Finger Lakes region attracting tourists and families thereby reinforcing the positive aspects of Schuyler County as a great place to visit and an even greater place to live. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the Watkins Glen State Park’s 100th Anniversary and extends its sincere appreciation to the officials and staff of this agency while looking forward to the next century of continuing and expanding this relationship. Vote: 7-0. RESOLUTION NO. 208 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CONTINUATION OF 35 HOURS A WEEK FOR THE YOUTH PROGRAM COORDINATOR’S POSITION -YOUTH BUREAU WHEREAS, the Youth Program Coordinator in the Youth Bureau has been working 35 hours per week providing preventive services through a contract with the Department of Social Services, and WHEREAS, as long as the Youth Bureau continues to contract with the Department of Social Services there remains a tremendous need for a permanent increase in these hours on an annual basis from July 1st to June 30th of each year, and WHEREAS, the Department of Social Services TANF funds through the contract pay the salary and increase in benefits. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the permanent increase in hours to 35 hours a week, effective July 1, 2006 for the Youth Program Coordinator’s position, and BE IT FURTHER RESOLVED, that said permanent increase in hours is contingent upon the contract with the Department of Social Services and grant funding. Vote: 7-0. RESOLUTION NO. 209 Motion by Larison, Second by Bleiler. 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. 210 Motion by Fagan, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 79 RE: APPOINTMENT – SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD BE IT RESOLVED, that Jim Curatolo be appointed to the Southern Tier Central Regional Planning & Development Board as the Environmental Representative with a term of Jun 13, 2006 through December 31, 2007. Vote: 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the upcoming water concerns meeting to be held at the Rural Urban Center which would be discussing the bottling of spring water. Legislator Bleiler wanted to again give thanks to the “Odessa File” for designating the Students of the “Top Drawer 24” (Resolution No. 202) and also gave thanks to the other media for being involved. Legislator Bingell reported on the Public Works Committee. She gave an update on the County Highway projects stating that the County Route 27 and the County Route 30 (Salt Point Road) Paving project has been completed. The County Highway crews are currently reconstructing County Route 23 in the Town of Tyrone; from Steuben County Line east to between the Lakes with a tentative paving date of July 11th. Another reconstructing project which will include County Route 25 with a tentative paving date is June 26th . The reconstructing of County Route 11 in Alpine will also occur, with a tentative paving date of August 8th . In late July, Highway crews will start reconstruction work on County Route 21. She also reported that the Highway currently has three roadside mowers in operation daily. Legislator Yuhasz also gave thanks to Charlie Hefner of the Odessa File for the “Top Drawer 24” (Resolution No. 202). Legislator Slusser reported on the Management & Finance Committee. He reported that they have started the negotiations for the contract for the Administrative Unit. Legislator Fagan reported on the Transportation sub committee. They had two responses for the County Wide Transportation Needs Assessment. The applicants were from the San Franciso and the Philadelphia area. They had requested $50,000 in funding from the Department of Transportation (DOT), but they have not heard yet of the status. He also reported that Administrator O’Hearn had a conversation with DOT and was assured that we will get the funding. There were pros and cons about each that have applied. There will be another meeting on July 26th. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn gave a reminder about the upcoming cardboard boat race. He reported that this will be the first time for the County to participate. The County was trying to get other surrounding counties to participate also, but had no other takers. The County has a Chairman’s Cup which is on display in a local establishment. The boat has been built and is ready to race. The Council of Governments met last Wednesday for an informative meeting on a County Wide Real Property Assessment. The County Wide Assessment revalue is moving onwards for a 2007 date to start. Municipalities will review the topic with their boards and will be meeting again in August to find out which municipalities will participate. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:08 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING JULY 10, 2006 The July 10, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn were also ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 80 present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 211 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE JUNE 12, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the June 12, 2006 Regular Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 212 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES TO ACCEPT THE OPERATION IMPACT GRANTS FUNDS FOR 2006-2007 – DISTRICT ATTORNEY’S OFFICE WHEREAS, the New York State Division of Criminal Justice Services has grant funding available through an Operation Impact Grant for the purpose of assisting the Schuyler County District Attorney’s Office in reducing target crimes in the County, and WHEREAS, this Grant is estimated to be in the amount of $60,000 with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept funds and sign any necessary documents for the funds, estimated to be $60,000, said documents subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 213 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE APPLICATION AND CONTRACT FOR 2006-2007 NEW YORK STATE AID TO PROSECUTION GRANT FUNDS – DISTRICT ATTORNEY’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 District Attorney’s Office in prosecuting felony offenses. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for the 2006/2007 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 $40,375.00; said documents subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 214 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NARCOTICS CONTROL GRANT – DISTRICT ATTORNEY’S OFFICE – AS AMENDED BY RES. NO. 265-0 WHEREAS, grant monies have been made available by the New York State Division of Criminal Justice Services for the for the purpose of assisting the Schuyler County District Attorney’s Office with violent crime prosecution. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with the New York State Division of Criminal Justice Services for a Narcotics Control Grant, with a term of April 1, 2006 through March 31, 2007, in the amount of $49,333 with grant funding in the amount of $37,000 with a local match of $12,333, to be comprised of in-kind services, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 215 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF A SR. TYPIST/KEYBOARD SPECIALIST POSITION/ABOLISH KEYBOARD SPECIALIST POSITION – EMERGENCY MANAGEMENT WHEREAS, the Emergency Management Coordinator, the Human Resources Director and the Personnel Officer have carefully reviewed the job specification of the Keyboard Specialist position in the Emergency Management Department, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 81 WHEREAS, the position is more in depth with varied responsibilities than the Keyboard Specialist position, with more emphasis on database, financial and budget maintenance, and WHEREAS, it is the recommendation of the Public Safety/Criminal Justice Committee, the Human Resources Director and the Personnel Officer that the Keyboard Specialist title change to Senior Typist/Keyboard Specialist to be placed in Grade Level 6, at an hourly rate of $12.41 per hour, for the efficient operation of the Emergency Management Department and to more appropriately reflect the job responsibilities, and the County Administrator concurs with said recommendation, and WHEREAS, there is money in the 2006 Personal Services budget account no. 3689.438 to cover the cost of said change. NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator is hereby authorized to create and fill the title of Senior Typist/Keyboard Specialist Grade Level 6, at an hourly rate of $12.41, effective immediately, and BE IT FURTHER RESOLVED, that the title of Keyboard Specialist in the Emergency Management Department be hereby abolished. Vote: 8-0. RESOLUTION NO. 216 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH GOVERNMENT PAYMENT SERVICES (GPS) FOR COLLECTION SERVICES – PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department is the designated collection agency for court- ordered restitution and other fees, and WHEREAS, accepting payments from Government Payment Services (GPS) will greatly enhance the ability of said department to collect said restitution and fees, and WHEREAS, all costs associated with the credit card transaction are paid by the cardholder, and there is no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Government Payment Services (GPS), subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 217 Motion by Bleiler, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH BI, INC. FOR ELECTRONIC HOME MONITORING (EHM) SERVICES- PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has operated an Electronic Home Monitoring (EHM) program for a number of years, and WHEREAS, the current vendor, Sentinel, Inc. has notified the Department that it is changing its minimum requirements as to the number of units to be leased making it not feasible for the Department to continue with this vendor, and WHEREAS, the Probation Director has been in contact with BI, Inc., a widely known and respected vendor of Electronic Home Monitoring (EHM) equipment which has agreed to provide a contract with no such minimum requirements and which would appear to be cost-effective, there currently being funds in the Probation Department account number 3140.382 to cover said cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a Contract with BI, Inc. for Electronic Home Monitoring (EHM) services, for a one year term effective upon signing, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 218 Motion by Larison, Second by Bleiler. RE: RESOLUTION IN SUPPORT OF THE VILLAGE OF WATKINS GLEN’S TRANSPORTATION ENHANCEMENTS PROGRAM (TEP) GRANT APPLICATION FOR CATHARINE VALLEY TRAIL WHEREAS, the Village of Watkins Glen will submit an application, to be known as the Seneca Harbor Park Extension, to the New York State Department of Transportation’s 2006 Transportation Enhancements Program (TEP) to bring the Catharine Valley Trail from Glen Creek to Seneca Harbor Park, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 82 WHEREAS, this proposed project is consistent with the County’s existing and planned development of the county-owned Seneca Harbor Park and the County supports the potential economic, safety and recreational benefits the extension of the trail will bring, and WHEREAS, the County supports the use of a 2006 member item request for Phase III of improvements to Seneca Harbor Park as a portion or all of the required local match for the Catharine Valley Trail, if the request is funded. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature is supportive of this application, and if the project is funded under the 2006 Transportation Enhancements Program, will endeavor to enter into an intermunicipal agreement with the Village of Watkins Glen for provision of the local match and to clarify construction and maintenance roles and responsibilities. Vote: 8-0. RESOLUTION NO. 219 Motion by Larison, Second by Bleiler. RE: RESOLUTION TO DECLARE A NEGATIVE SEQR FOR THE AG DISTRICT 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 WHEREAS, during the 2006 enrollment period the Schuyler County Agriculture and Farmland Protection Board received one request to add property to an agricultural district, and WHEREAS, this parcel is number 74.00-1-9, and would become part of Schuyler County Agricultural District and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board was designated by the County to conduct a SEQR process regarding this proposed action, and WHEREAS, following the preparation of a TYPE 1 SEQR and a public hearing on May 22, 2006 and receiving no negative comment on the potential environmental impact of the proposed action. NOW, THEREFORE, BE IT RESOLVED that the County accepts the Agriculture and Farmland Protection Board’s negative declaration of significant environmental impact from the proposed action. Vote: 8-0. RESOLUTION NO. 220 Motion by Larison, Second by Bleiler. RE: AMEND THE 2006 BUDGET FOR AN INCREASE IN HEAP – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services has spent all of its 2006 HEAP funds and needs additional funds budgeted to pay HEAP benefits when the program resumes in November, and WHEREAS, HEAP benefits are reimbursed with 100% Federal aid. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the Department of Social Services 2006 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION 200,000 6141.400 HEAP Expenditures 200,000 6141.4641 Federal Aid - HEAP Vote: 8-0. RESOLUTION NO. 221 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH THE BUILDINGS AND GROUNDS DEPARTMENT FOR MAINTENANCE IN LIEU OF RENT – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services has $90,000 in its 2006 budget to pay the Buildings and Grounds Department for maintenance in lieu of rent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement between the Department of Social Services and the Buildings and Grounds Department in the amount of $90,000 for a term of January 1, 2006 through December 31, 2006, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 222 Motion by Larison, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH CATHOLIC CHARITIES, SCHUYLER OUTREACH FOR ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 83 EMERGENCY SERVICES – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services has been allocated funding for its Flexible Fund for Family Services (FFFS) program, and WHEREAS, the Department of Social Services wishes to contract with Catholic Charities – Schuyler Outreach which has the expertise to provide emergency services for eligible families under 200% of the Federal Poverty Level (FPL). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract not to exceed $10,000 with Catholic Charities – Schuyler Outreach for emergency services for the Department of Social Services for the term July 1, 2006 through June 30, 2007, funding available in the 2006 budget, account no. 6010.522; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 223 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN INCREASE IN THE MILEAGE REIMBURSEMENT RATE FOR FOSTER CARE PARENTS MILEAGE TO BE THE ESTABLISHED INTERNAL REVENUE SERVICES (IRS) RATE – DEPARTMENT OF SOCIAL SERVICES WHEREAS, Schuyler County foster parents currently receive $.375 a mile to transport foster children in their care to the children’s appointments and activities, and WHEREAS, in 2005 the Department reimbursed foster parents less than $5,400 for transportation costs, and WHEREAS, the Internal Revenue Service (IRS) rate for business miles for 2006 is $.445 cents a mile, and WHEREAS, increasing the mileage reimbursement to foster parents would be less than $1,000 annually, of which only 30% is local share, and WHEREAS, funds to cover the increase are contained in the Department’s 2006 budget, account no. 6109.400, account no. 6119.400 and account no. 6123.400. NOW, THEREFORE, BE IT RESOLVED that the Department of Social Services is hereby authorized to reimburse foster parents at the established IRS mileage rate for business miles for mileage the foster parents incur on behalf of foster children in their care established by the Department of Social Services guidelines, effective October 1, 2006, and BE IT FURTHER RESOLVED, that the Department will change the mileage reimbursement rate for foster parents whenever the IRS changes their published rates, usually annually at the beginning of a new calendar year. Vote: 8-0. RESOLUTION NO. 224 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION AND FILLING OF A KEYBOARD SPECIALIST – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services has experienced an increase in the complexity and seriousness of some of the cases referred to both the Adult Services and Children’s Services units, and WHEREAS, the number of cases in Adult Services has increased steadily over the past several years while the number of cases in the Children’s Services unit is projected to show a substantial increase over 2005, and WHEREAS, Caseworkers are spending a large portion of their time handling routine clerical functions on those cases and are also spending a significant amount of time transporting clients to their various appointments, and WHEREAS, Caseworkers earn $16.55 an hour (2006 starting wage) versus a Keyboard Specialist wage of $11.70 an hour, a 29% decrease, and WHEREAS, it is anticipated the worker hired for this position will spend approximately 70% of their time performing clerical duties and 30% of their time transporting clients to various appointments, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 84 WHEREAS, the time Caseworkers would have spent on the clerical and/or driver responsibilities will now be spent on their cases, thus enhancing the quality of those cases while at the same time ensuring their clients receive the best service available, and WHEREAS, the Keyboard Specialist may on occasion transport MEDICAID clients to their medical appointments, thus reducing the cost to the taxpayers of providing transportation to these clients, and WHEREAS, funds for the position will be obtained from the Department’s 2006 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill a new position in the Department entitled “Keyboard Specialist” at Grade 2 at an hourly wage of $11.70, starting on or after July 11, 2006, subject to availability of funds within the Department’s current budget, and BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services committee 12 months after it is filled to determine its effectiveness. Vote: 8-0. RESOLUTION NO. 225 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE AND COMMUNITY SERVICES BOARD – COMMUNITY SERVICES WHEREAS, the Community Services Board and the Mental Health Subcommittee have a vacancy, and WHEREAS, Richard Saucier has expressed an interest in serving on the Community Services Board and the Mental Health Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Richard Saucier to the Community Services Board and the Mental Health Subcommittee for the term of July 10, 2006 through December 31, 2009. Vote: 8-0. RESOLUTION NO. 226 Motion by Larison, Second by Bingell. RE: AUTHORIZE CREATION AND FILLING OF A STAFF SOCIAL WORKER POSITION – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic is in need of an additional Staff Social Worker positions, and WHEREAS, there is funding available in the Community Services budget for 2006 for said position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County legislature hereby authorizes the Director of Community Services/Public Health to create, advertise and fill a Staff Social Worker position in Mental Health, Grade Level 28, at an hourly rate of $21.40, effective immediately. Vote: 8-0. RESOLUTION NO. 227 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES 2006-2007 – PUBLIC HEALTH WHEREAS, Resolution No. 180-06 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, 2006 to June 30, 2007 in the amount of $196.50, per child per day plus $19.70 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 Pathways Preschool Program from July 1, 2006 to June 30, 2007 in the amount of $221.50, per child per day plus $22.00 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 Franziska Racker Centers from July 1, 2006 to June 30, 2007 at $160.00 per child, with a $10.00 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 the SCT BOCES Program, Horseheads from July 1, 2006 to June 30, 2007 at $155.00 per child per day with a $10.00 per additional child fee be, and hereby is accepted, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 85 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, 2006 to June 30, 2007 at $160.00 per child per day with a $10.00 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, 2006 to June 30, 2007 at $155.00 per child per day with a $10.00 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, 2006 to June 30, 2007 in the amount of $1.50 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 2006 budget, account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 228 Motion by Bingell, Second by Larison. RE: AUTHORIZE APPOINTMENT TO COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE – PUBLIC HEALTH WHEREAS, the Professional Advisory Committee has several vacancies due to the resignation of Doolittle, Michelle Myers and Michele Fritz, and WHEREAS, Dawn Paulsen, Corporate Compliance Officer, John Bullock, Speech Therapist, Michele Gimbar, Medical Social Worker and Ashraf Sabahat, M.D. have expressed their interest in joining the committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves of the following individuals being appointed to the Community Home Care Professional Advisory Committee for the term June 19, 2006 through December 31, 2006: Dawn Paulsen, Corporate Compliance Officer John Bullock, Speech Therapist Michele Gimbar, Medical Social Worker Ashraf Sabahat, M.D. Vote: 8-0. RESOLUTION NO. 229 Motion by Bingell, Second by Larison. RE: AUTHORIZE AGREEMENT WITH THE SCHUYLER COUNTY WATER QUALITY COORDINATING COMMITTEE AND AMEND THE 2006 BUDGET – PUBLIC HEALTH WHEREAS, Schuyler County's Watershed Protection Agency will provide up to 200 inspections for the County Water Quality Coordinating Committee through December 31, 2006 for an amount of $10,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with the County Water Quality Coordinating Committee, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to make the following amendments to the 2006 Public Health budget: AMOUNT ACCOUNT NO. DESCRIPTION + $ 10,000 4050.100 Personnel + $ 10,000 4050.1609 Watershed Revenue Vote: 8-0. RESOLUTION NO. 230 Motion by Karius, Second by Larison. RE: AUTHORIZE PERFORMANCE OF SEPTIC SYSTEM INSPECTIONS AND INCREASE SALARY FOR WATERSHED STAFF – PUBLIC HEALTH WHEREAS, both Waneta and Lamoka Lakes are listed as “impaired” on the New York State Priority Waterbodies List, and WHEREAS, excessive nutrients have been listed as the primary pollutant causing this impairment, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 86 WHEREAS, failing septic systems is the number one suspected source of nutrients causing the water quality impairment, and WHEREAS, efforts to limit the nutrient loading in the lakes must address wastewater systems on all properties with these systems surrounding both Waneta and Lamoka Lakes, and WHEREAS the Schuyler County Water Quality Coordinating Committee has received a grant to address these issues by having an accelerated Wastewater Inspection Program, and WHEREAS these accelerated inspections are to be done by the regulatory officer and all records and compliance issues will be kept and maintained by the Watershed Protection Agency, and WHEREAS, it is requested that Timothy Hicks, Watershed Inspector, be provided with compensation up to the amount of $4,000.00 for duties related specifically to this program which are outside the regular scope of his activities, and WHEREAS, it is also requested that James Howell, Assistant Watershed Inspector, increase his hours for up to 10.0 hours per week at $14.12 per hour and be provided with compensation in an amount not to exceed $6,000.00 for the extra duties related specifically to this program which are outside the regular scope of his activities, and WHEREAS, such time increase and compensation will not affect the accruals for either the Watershed Inspector or the Assistant Watershed Inspector, and WHEREAS, said compensation is subject to grant funds being received from the agreement with the Schuyler County Water Quality Coordinating Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the additional compensation for Timothy Hicks and the increased hours and compensation for James Howell effective immediately, through December 31, 2006, at no extra cost to the county. Vote: 8-0. RESOLUTION NO. 231 Motion by Karius, Second by Larison. RE: ABOLISH CHIEF ACCOUNTANT AND SENIOR ACCOUNT CLERK TYPIST POSITIONS – TREASURER’S OFFICE WHEREAS, the Chief Accountant position in the Schuyler County Treasurer’s Office has been vacant for more that six months and the Senior Account Clerk Typist position has been upgraded to the title of Bookkeeper, and WHEREAS, there are no immediate plans to fill the vacant positions in the Schuyler County Treasurer’s Office. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby abolishs the positions of Chief Accountant and Senior Account Clerk Typist in the Treasurer’s Office. Vote: 8-0. RESOLUTION NO. 232 Motion by Karius, Second by Larison. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE RESIDENTIAL- COMMERCIAL URBAN EXEMPTION WHEREAS, Section 485-a of the Real Property Tax Law of the State of New York provides for partial exemption of real property receiving the Residential-Commercial Urban Exemption, and WHEREAS, Real Property Tax Law Section 485-a permits a county to adopt legislation to provide that partial exemption shall be applicable with respect to any real property receiving the Residential-Commercial Urban Exemption. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2006 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 14, 2006 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2006 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Residential-Commercial Urban Exemption. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 87 Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Residential – Commercial Urban Exemption. SECTION 2: LEGISLATIVE AUTHORITY. This Local Law is enacted pursuant to the provisions of Section 485-a of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Residential – Commercial Urban Exemption Law. SECTION 4: DEFINITIONS A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption from real property taxes pursuant to this Local Law is sought. B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. D. “Mixed-use property” means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial purposes. E. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. F. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. SECTION 5: REAL PROPERTY TAX EXEMPTION. A. Non-residential real property, upon conversion to mixed-use property, shall be exempt from taxation and special ad valorem levies by Schuyler County to the extent provided in this section. 1. For a period of twelve years from the approval of an application, the increase in assessed value of such property attributable to such conversion shall be exempt as provided in paragraph 2 of this subdivision. Such exemption shall be computed with respect to the “exemption base”. The exemption base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year’s assessed value. 2. The following table shall illustrate the computation of the tax exemption: Year of exemption Percentage of exemption 1 through 8 100% of exemption base 9 80% of exemption base 10 60% of exemption base 11 40% of exemption base 12 20% of exemption base B. No exemption shall be granted unless: 1. such conversion was commenced subsequent to the date on which this local law takes effect; and 2. the cost of such conversion exceeds the sum of ten thousand dollars. C. For purposes of this section, the term conversion shall not include ordinary maintenance and repairs. D. No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the county in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements had such property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a number of years equal to the twelve year exemption granted pursuant to this section less the number of years the property would have been previously exempt from real property taxes. SECTION 6: APPLICATION PROCESS. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 88 A. Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the state board, and shall be filed with the assessor of the municipality having the power to assess property for taxation on or before the appropriate taxable status date of such municipality. B. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as in this section provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. SECTION 7: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 8: EFFECTIVE DATE. This Local Law shall take effect immediately. Vote: 8-0. DISCUSSION: Legislator Bleiler wanted to point out to the public members that were attending the meeting that Resolution No. 232 and 233 are only for an introduction to the Local Laws. There will be more information to follow including a Public Hearing next month. Legislator Slusser asked where the Local Laws came from in regards to what Committee and what prompted them. Chairman Gifford answered saying that they came from the Governmental Operations Committee and that the Schuyler County Partnership for Economic Development (SCOPED) supports them. RESOLUTION NO. 233 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION WHEREAS, Section 485-g of the Real Property Tax Law of the State of New York provides for partial exemption of real property receiving the Infrastructure Exemption, and WHEREAS, Real Property Tax Law Section 485-g permits a county to adopt legislation to provide that partial exemption shall be applicable with respect to any real property receiving the Infrastructure Exemption. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of the year 2006 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 14, 2006 at 7:05 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Infrastructure Exemption. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure Exemption. SECTION 2: LEGISLATIVE AUTHORITY. This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Infrastructure Exemption Law. SECTION 4: REAL PROPERTY TAX EXEMPTION. A. Residential building lots which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 89 occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of occupancy but in no event longer than three years from granting of the exemption herein, the exemption provided by this subdivision shall lapse. B. For purposes of this section infrastructure shall be comprised of the following public facilities which are intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential subdivision as noted on the filed plat plan for such residential subdivision. SECTION 5: APPLICATION PROCESS. A. Such exemption shall be granted only upon application by the owner of the real property on a form prescribed and made available by the office of real property services. The applicant shall file the information as required by the office of real property services. The application shall be filed with the assessor of the appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of such assessing unit and not later than one year from the date of completion of such construction, installation or improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective date of the local law or school district resolution providing that the exemption under this section shall be applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall be made within one year from the effective date of such local law or school district resolution. B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is entitled to an exemption pursuant to this section, the assessor shall approve the application and such real property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption entered in a separate column. SECTION 6: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 7: EFFECTIVE DATE. This Local Law shall take effect immediately. Vote: 8-0. RESOLUTION NO. 234 Motion by Larison, Second by Bingell. RE: AUTHORIZE THE CREATION OF AN INFORMATION TECHNOLOGY DIRECTOR POSITION WHEREAS, Schuyler County currently contracts for the provision of information technology service and administration at an annual cost of $117,000, and WHEREAS, it is the desire of the County to provide said services in a more cost effective and efficient manner, and WHEREAS, to accomplish this goal, it is the recommendation of the County Administrator that a full- time Information Technology Director position be created. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation of an Information Technology Director position with a salary offer not to exceed the amount of $75,000 annually, and BE IT FURTHER RESOLVED, that when said position is filled it is the intent of the Legislature to discontinue the use of outside contractors in the provision of this service to the County. Vote: 8-0. RESOLUTION NO. 235 Motion by Larison, Second by Bingell. RE: AUTHORIZE APPLICATION TO THE NEW YORK STATE OFFICE FOR THE AGING FOR A NYCONNECTS SCHUYLER LONG TERM CARE POINT OF ENTRY PROGRAM – OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging on behalf of the New York State Point of Entry has requested applications for a Long Term Care Point of Entry Program called NYCONNECTS, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 90 WHEREAS, the Schuyler County Office for the Aging, the Schuyler County Youth Bureau and the Schuyler County Department of Health wish to apply and be the lead Point of Entry Agencies, and WHEREAS, said program is to create a Point of Entry (POE) system for long term care services in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an application and any other documents relative to accepting the grant from the New York State Office for the Aging for a NYCONNECTS Schuyler Long Term Care Point of Entry program in the amount of $52,000, for the term October 1, 2006 through September 30, 2007, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 236 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – AS AMENDED BY RES. NO 264-06 WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act (HAVA 2002) certain election functions are to be consolidated at the county level, and WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and acknowledged by the County Legislative Body by resolution, and WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of fifty-four individuals to be appointment 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, 2006 through July 14, 2007: Rebecca Abraham Karen Allen Helen Baker Sue Baker Darlene Bingham Mary Barnes J. Gerladine Boyce Robert Benjamin Patti Butler Teresa Cope Susan Cecce Christine Cosgrove Nancy Crouch Doris Fazzary Pam Davis Pat Hastings Jeanne Donnell Mary Ellen Hoose Engel Darla Kimmey Beatrice Fazzary Florence Klopf Vera Giasi Cathy Mathews Jean Hubsch Gretta Preston Virginia Jensen Ira Ray Diane M Koi-Thompson Gerladine Dorothy Lott Therese Sgrecci Neal Melveney Helen Marie Sipperley Madalyn Morgan Beatrice Smyder Jean Parker Joyce Soule Nona Schmizzi Laurie Tuttle Norma Silliman Joyce VanVleet Catherine Sirrine Catherine Van Zile Jane Snyder Linda Wager Angela Standish Alan Waite Sr Janet Standish Mary Standish Ronald Sterner Denny Teeter Betty Underdown ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 91 Frances VanDyke and BE IT FURTHER RESOLVED, that per Resolution No. 351-05, the Legislature agrees to pay election inspectors working for the County, to be paid the rate of $100.00 for a primary election, $150.00 for a general election, and $25 for each mandated training session. Vote: 8-0. RESOLUTION NO. 237 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASING THE PART TIME ASSISTANT DISTRICT ATTORNEY POSITION TO FULL TIME - DISTRICT ATTORNEY WHEREAS, the District Attorney has initiated a new program to reduce the crime rate in Schuyler County which requires the creation of a full time Assistant District Attorney position, and WHEREAS, the New York State Division of Criminal Justice services has approved an Operation Impact Grant for the Schuyler County District Attorney’s Office to assist in the prosecution of crimes and the overall reduction of the crime rate, and has allocated $20,000 for salary, and up to $7,000 in fringe benefits, for the purpose of creating a designated prosecutor for the program, and WHEREAS, the current Assistant District Attorney position is part-time (90% grant funded), and the funds referenced herein will be used to increase that status to full time (based on a 35 hour work week), and WHEREAS, the cost of the increase in the position will be 97% funded by the DCJS grant and the remainder will be funded from the 2006 District Attorney budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the increase of the part-time Assistant District Attorney position to a full-time position, with an annual salary of $42,000, effective July 11, 2006, contingent upon continued grant funding. Vote: 8-0. RESOLUTION NO. 238 Motion by Larison, Second by Bingell. RE: APPOINTMENT – SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that Terry Gardner, Sr. be appointed to the Schuyler County Planning Commission as the Town of Cayuta representative for the term January 1, 2006 through December 31, 2007. Vote: 8-0. RESOLUTION NO. 239 Motion by Larison, Second by Bingell. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one Resolution be brought to the floor. Vote: 8-0. RESOLUTION NO. 240 Motion by Larison, Second by Bingell. RE: AUTHORIZATION TO CONTRACT WITH INDUSTRIAL MEDICINE ASSOCIATES FOR CONSULTATIVE MEDICAL EXAMINATIONS WHEREAS, the Federal Government will be requiring states to attain a participation rate of 50% for single parent households and a 90% participation rate in two-parent households in authorized work or work- related activities for those Temporary Assistance for Needy Families (TANF) recipients starting October 1, 2006, and WHEREAS, failure of Counties in New York State to meet the aforementioned participation threshold will result in financial sanctions being assessed, and WHEREAS, Schuyler County’s participation rate is substantially below this requirement, and WHEREAS, Federal regulations allow few exemptions from work or work-related activities, and WHEREAS, most medical excuses are not considered exemptions for statistical purposes in meeting the TANF participation thresholds as established by the Federal Government, and WHEREAS, there are several Schuyler County TANF recipients who have medical excuses, and WHEREAS, Industrial Medicine Associates (IMA), will, for a fee, provide a consultative medical examination to assist in the evaluation of applications for Social Security Disability and Supplemental Security Income (SSI), and WHEREAS, IMA will also provide workfare or employability evaluation services on those Schuyler County TANF recipients who have a medical statement from their medical provider exempting them from work activities, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 92 WHEREAS, 100% reimbursed funding to pay for services rendered by IMA is available from the Department of Social Services (DSS) Flexible Fund for Family Services (FFFS) with no local share. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to enter into a contract up to $10,000 on behalf of the Schuyler County DSS for consultative examinations and evaluations, 100% reimbursed funding available in the Department’s 2006-07 FFFS, pending approval by the County Administrator and County Attorney. DISCUSSION: Legislator Bingell asked if this would mean that the County would be paying for a second Doctor visit now in these situations. Chairman Gifford replied that Schuyler County is one of the few Counties that do not do this type of exam already. Legislator Bingell also inquired as to what would happen if the second opinion said the client was alright to return to work and they were further injured, could the County be sued? Also, what if the second opinion said they were not alright to return to work, do we then get a third opinion? Attorney Coleman responded saying that there was a “safety net” for those situations and further explained in detail what would occur. Legislator Bingell summed up all the conversations by saying that it was her understanding that in the long run this would save the County money. Legislator Larison asked if this was being required by the Federal Government. Administrator O’Hearn answered no, but it was a good idea and the County can do it. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported that he recently attended a Schuyler ARC meeting the other day. He said it was rather enlightening in the way they perceive their clients. It was important to always remember that just because they have a developmental disability, these people are still individuals and need to be treated that way. He reported that the State has come out and said that they are going to work on a program to help these individuals be able to be in separate rooms in the residential homes that they live in. This would mean that they won’t have to share rooms anymore. They will be able to have their own personal belongings with them too. He said he was greatly pleased to hear this information. He made mention of the way things used to be a long time ago and gave the example of the individuals that reside in institutions such as Willard and were not allowed to have their personal belongings with them. Many years later they found the personal belongings in storage after the facility had closed and the residents had been long gone or deceased. Legislator Bleiler reported on the Public Safety/Criminal Justice Committee. He reported that several departments offered emergency support for the recent flooding in Broome and Chenango County. Schuyler County was activated by the New York State Fire Mobilization Mutual Aid Plan to assist with the flooding. Bill Kennedy, Emergency Management Coordinator, and 14 other people responded to the flooded area to offer aid, for a total of 22 individuals responding to assist with the emergency situation. Legislator Bleiler also reported on a potential State owned wireless communication network to be installed in 2007/2008 in Schuyler County. This could help meet the needs of local emergency services. The County has been considering the installation of a communication tower to improve local emergency communications. If the State ends up wanting to use the land then the County would not need to spend the money to do it. Administrator O’Hearn added that he recently attended the County Meeting of the Fire Chiefs and added that because of flooding some representatives were not able to attend, but shared that the Fire Chiefs were concerned that this keeps dragging out but he reassured them about the project. He feels confident about the project. He also added that there would be no paging capability and this may need to be looked at in the future. Legislator Bleiler made one other comment by saying that the State has contracted to do this project and the first phase has already begun. By the year 2008 this project should be in Schuyler County. Legislator Bingell reported that over 200 bicycles will be coming through Watkins Glen soon and this goes along with the Enhanced Transportation Act that she has been involved with and reminded everybody that they need to remember that bicycles have the right to be on the road too. Please remember to share the road with them and be aware of the individuals that are mowing along the side of our County Roads. Legislator Slusser stated that he did not have a committee report but wanted to say that he heard a State Legislative Representative report on the lower Medicaid funds. He asked if anyone had heard any discussion. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 93 Administrator O’Hearn said that the predictions of the Medicaid CAP were based on a formula and now the accrual and expenditures are less than projected. Basically the County used State numbers to budget and upon the review, we are actually going to be coming out better than the earlier projection. Legislator Fagan reported on the Transportation Subcommittee. He stated the committee met on June 6th and that they had received 2 proposals for the needs assessment. On June 20th, Chairman Gifford received a letter stating that the Department of Transportation supports funding the study and will provide up to $50,000 with no local match. On July 26th the Committee will be having interviews scheduled for the two companies that submitted proposals and this way they will be able to meet with the selection committee. He also reported that he attended a conference where there was some discussion on the Shared Municipal Services. He had heard that no formal grants have been awarded yet and did not get a good stance on our application, however the County should hear soon. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn provided an update from last months meeting where he reported that the One Stop Career Center in Watkins Glen was in jeopardy because of lack of funding. There had been budget cuts and as of July 1st they were to be forced into a potential closing. In spite of the funding cuts he was glad to report that through a collaborative group, including the Arc of Schuyler County, where the Career Center is located, Schuyler County Department of Social Services, Catholic Charities, Corning Community College, SCOPED and Workforce New York developed a strategy to keep the office open for people looking for jobs. People who use the services should not notice a difference in services. The career center is part of the Chemung Schuyler Steuben CSS Workforce New York System which was established with a partnership between several agencies and the New York State Department of Labor. He reported that Sue Brill with Social Services will work there one day a week to assist clients with job searching and this will occur through a minimal or possibly no local share. He also reported that he has received a number of requests about the Counties “Wall of Fame” and not sure what the status of it is. In the past, individuals were nominated and pictures placed in the hallway. Lately it seems people are interested in nominating again. There seems to be interest in keeping the wall updated and would like some input and a way to respond to the requests. He had been told that it was a Chamber of Commerce initiative and not sure of there continued interest. Legislator Bleiler suggested that Administrator O’Hearn talk to them about it and thinks it is and it should be looked at it again. There was also a brief discussion on the Board of Election voting machines and sites for the voting public. PUBLIC PARTICIPATION: Mr. Gordon Swarthout stood and asked about Intro Number 26 that was voted and approved on tonight for a Full-time District Attorney Assistant. He stated that if we were to take all the people in Schuyler County and subtract all the County Employees, Town and Village employees, etc. that would not leave very many people, so he was wondering if the County really had a lot of outlaws to justify a full-time District Attorney Assistant. Legislator Bleiler responded by saying that the State is pushing for better Law Enforcement and the position relies funding from the New York State Division of Criminal Justice services grant which has approved an Operation Impact Grant for this full-time position. If the Grant funding dries up then the position dries up. Legislator Fagan reinforced the response by saying that the position is being funded based on 97% of it being paid for by the grant. The Meeting adjourned at 7:08 P.M. Sharlene A. Parker, Deputy Clerk Heather Lodge, Confidential Secretary for the County Administrator SPECIAL MEETING JULY 20, 2006 The July 20, 2006 Special Meeting of the Schuyler County Legislature was called to order at 9:15 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Slusser and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was excused. County Administrator O’Hearn was also present. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 94 RESOLUTION NO. 241 Motion by Larison, Second by Bingell. 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. ACCEPT/REJECT BIDS FOR COUNTY ROUTE 6 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT Vote: 7-0. Legislator Karius in at 9:18 a.m. RESOLUTION NO. 242 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS FOR COUNTY ROUTE 6 BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 116-05 authorized the advertising for bids for construction of the County Route 6 Bridge Replacement project, and WHEREAS, bids were received and opened on July 12, 2006 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Silverline Construction. Inc. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public works Committee, the Schuyler County Legislature accepts the following low bid from Silverline Construction for the County Road 6 Bridge Replacement over Taughannock Creek at the low bid price of $722,670.00, funding available in the 2006 budget account no. 5120.569, and BE IT FURTHER RESOLVED, that the other bid be rejected, with a note of appreciation for their participation. Vote: 8-0. PUBLIC PARTICIPATION: None. MOTION by Legislator Slusser to go into executive session to discuss possible property acquisition, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. The Meeting adjourned at 9:35 a.m. Stacy B. Husted, Clerk of the Legislature REGULAR MEETING AUGUST 14, 2006 The August 14, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan and followed by a Moment of Silence. All Legislators were present except Legislator Bingell who was excused. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. 7:00P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE RESIDENTIAL-COMMERCIAL URBAN EXEMPTION: Barbara Halpin, Empire Zone Coordinator from the Schuyler County Partnership for Economic Development (SCOPED) Office, commented on the two Local Laws. She discussed the benefits of these two local laws and that they originated from SCOPED. She has been the driving force and these are local incentives beyond the Empire Zone. There was additional discussion on 485e for possible consideration in the future, stating that there is a need in Schuyler County to improve our residential structures. 485a is pinpointed to downtown areas and should encourage developers, not only downstairs but upper levels to be renovated. She explained that 485g looks at the infrastructure and subdivisions and would address the need for housing in Schuyler County. This is specific to residential subdivisions and is just the beginning. She hopes the ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 95 Legislature will adopt both of these because this will encourage people to invest in our communities. She stated that she will look into other ways for investment into the community. Legislator Slusser asked Ms. Halpin if every County had an Empire Zone, and if not, if this would be then equivalent to the counties that do not. Ms. Halpin stated that there are Counties that do not, but this was not to replace the Empire Zone. Mr. Swarthout, a member of the public stood and asked for additional clarification on the proposed Local Laws. He stated that this is the first time he is hearing about tax breaks for businesses and then talking about residential homes being built. What if you get more people living here, where are they going to work…Corning? Chairman Gifford reminded Mr. Swarthout that this was a Public Hearing. Paul Fitzimmons, a member of the public stood and read from a prepared statement regarding the opposition of the proposed Local Laws. Said statement is on file in the Legislative Office. 7:05P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. __OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION: Mr. Swarthout stated during the hearing that he feels that if a person could afford to buy a property, then he did not believe there should be any tax abatement at all. He feels if they were able to afford to buy the property and build, then they should be able to pay the taxes. Betty Heichel asked if this was only for property within the town or village limits and wondered how it would affect farmers. Legislator Bleiler said the first local law and hearing would pertain to the village or town limit but the 485-g would certainly pertain to infrastructure. Legislator Slusser reminded the public present that the towns are responsible for Zoning and not the County. Ms. Heichel gave an example of a person putting a 200 acre Residential building in the Town of Catherine. Legislator Karius explained that the Agricultural District is in place to protect from those types of situations. Chairman Gifford also reminded the public that the Town of Catherine would have to have water and sewer in place to support a project like that example and they currently do not. Legislator Fagan stated that the Ag. & Farm Market would also have to approve of the building and would have to have a detailed SEQR review. In other words there are a lot of safeguards to protect agricultural land from turning into residential land. Ms. Heichel thanked Legislator Fagan for answering her question. Mr. Swarthout said he was concerned with more houses being built and getting more people in the area. He felt the county does not have enough jobs already and the new people would have to commute. That would mean that they would actually take business away from the County. He did not see the benefit of this Local Law. Chariman Gifford responded by saying that this would be assuming everyone that would buy a house would not have a job already in place. Legislator Slusser added that this could also pertain towards a retirement community development. Mr. Swarthout again stated his opposition to the law. Barbara Halpin replied by saying that part of SCOPED’s goals are to help businesses to come to the area, assist them with their recruiting of workers and to have housing options. Without this, it makes it difficult. Legislator Karius said she would like to see this local law be tabled so that the Ag & Farmland Protection Board can review it further. Then it can be discussed further prior to voting. It will be discussed again at the Governmental Operations Committee by the Real Property Tax Agency Director, Thomas Bloodgood. RESOLUTION NO. 243 Motion by Larison, Second by Yuhasz. RE: APPROVE MINUTES OF THE JULY 10, 2006 REGULAR MEETING AND THE JULY 20, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the July 10, 2006 Regular Meeting and the July 20, 2006 Special Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 244 Motion by Larison, Second by Fagan. RE: AUTHORIZE CONTRACT RENEWAL WITH WTH TECHNOLOGY GROUP FOR GIS MAPPING AND THE CAD SYSTEM – EMERGENCY MANAGEMENT WHEREAS, Think GIS mapping, and Pulse CAD (computer aided dispatch) systems where installed in ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 96 the 911 center in 2005 and, WHEREAS, the need for annual maintenance and support is necessary to insure the systems are fully operational, and WHEREAS, WTH Technology will provide annual maintenance and customer support at the cost of $3,500 for the GIS mapping system and $2,750 for the CAD system. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a contract with WTH for the Emergency Management Department for Mapping Maintenance and CAD for the term of June 1, 2006 through May 31, 2007, funding available in the 2006 Information Technology budget account no. 1680.400, subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 245 Motion by Larison, Second by Fagan. RE: RESOLUTION TO ADD A PARCEL TO THE SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 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 2006 enrollment period the Schuyler County Agriculture and Farmland Protection Board (AFPB) received one request to add to an agricultural district, and WHEREAS, this parcel is number 74.00-1-9, and would become part of Schuyler County Agricultural District and WHEREAS, following the preparation of a TYPE 1 SEQR and a negative declaration of significant environmental impact from the proposed action the AFPB recommend inclusion of this parcel as substantially viable agricultural land. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends that parcel number 74.00-1-9 be added to Schuyler County Agricultural District and that the Commissioner of NYS Department of Agriculture and Markets certify this inclusion. Vote: 7-0. RESOLUTION NO. 246 Motion by Larison, Second by Fagan. RE: RESOLUTION TO SET A PUBLIC HEARING DATE TO REVIEW AND RECEIVE PUBLIC COMMENTS ON THE SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN 10-YEAR UPDATE WHEREAS, the Schuyler County Soil Waste Management Plan 10-Year Update has been completed, and WHEREAS, the public comment period ended on March 22, 2006 with no comments being received, and WHEREAS, the action is considered a Type II under SEQR Law, requiring no further SEQR review and is in order for a public hearing. NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held on Tuesday, August 22, 2006 at 7:00 p.m. at the Rural Urban Center (208 Broadway, Montour Falls) to review and receive public comments on the Schuyler County Solid Waste Management Plan 10-Year Update. Vote: 7-0. RESOLUTION NO. 247 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR THE WATERSHED PROTECTION DISTRICT WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation Districts budget needs to be amended to allow for certain upcoming expenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2006 Watershed Protection District budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$26,000 8740.400 Contractual Expense +$26,000 8740-1030 Special Assessments Vote: 7-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 97 RESOLUTION NO. 248 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR THE SOUTHERN TIER TOBACCO AWARENESS GRANT – BUILDINGS AND GROUNDS WHEREAS, the Human Resources Director applied for and received a grant from the Southern Tier Tobacco Awareness Community to purchase smoking receptacles and signs, to be placed 50 feet from county building entrances, and WHEREAS, said purchases and work will be performed by the Buildings and Grounds Department. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Buildings and Grounds budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$3,281.00 1620.427 Maintenance Supplies +$3,281.00 1620-1289 Other Gov. Departmental Income Vote: 7-0. RESOLUTION NO. 249 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AN AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR THE PLACEMENT OF A STORM WATER RUN OFF AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS WHEREAS, the Village of Watkins Glen and the County have agreed to terms to allow for a storm water run off from Village streets across Seneca Harbor Park to Seneca Lake. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign said agreement with the Village of Watkins Glen for the placement of a storm water run off at Seneca Harbor Park. The Village will pay $12,000 of the $87,000 cost incurred by the County; agreement subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 250 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE SEPTEMBER AS CHOLESTEROL EDUCATION MONTH – PUBLIC HEALTH WHEREAS, high blood cholesterol increases the chance of having a heart attack or some other sign of heart disease, and WHEREAS, there are no signs or of high blood cholesterol so many people don’t know that their cholesterol level is too high, and WHEREAS, high blood cholesterol is diagnosed by checking cholesterol levels in your blood, and WHEREAS, high LDL (Low Density Lipoprotein) cholesterol leads to a buildup of cholesterol in arteries and the higher the LDL level in blood the greater the chance of getting heart disease, and WHEREAS, HDL (high density lipoprotein) carries cholesterol from other parts of the body back to the liver, which removes the cholesterol from the body, which lowers the chance of getting heart disease. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends that everyone age 20 and older have their cholesterol levels checked, if they haven’t already done so. Vote: 7-0. RESOLUTION NO. 251 Motion by Yuhasz, Second by Bleiler. RE: RECOGNIZE SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH – PUBLIC HEALTH WHEREAS, prostate cancer is the most commonly diagnosed non-skin cancer in American men, and WHEREAS, it is the second greatest cause of cancer related death for men, second only to lung cancer, and WHEREAS, in 2006 approximately 234,460 men will be diagnosed with prostate cancer and approximately 27,350 will die as a result of the disease, which is down 10% from 2005 figures, and WHEREAS, almost 100% of men diagnosed with prostate cancer are still alive in 5 years, (not including those who died from other causes), and WHEREAS, over 90% of prostate cancer cases are found while the cancer is still either local or regional, and WHEREAS, in cases where the cancer has spread to distant arts of the body, 34% survive 5 years, and WHEREAS, screening for prostate cancer takes less than 10 minutes and is covered by most health insurances. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 98 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages the male population over 50 years of age to be screened for prostate cancer annually and declares September 2006 as National Prostate Cancer Awareness Month. Vote: 7-0. RESOLUTION NO. 252 Motion by Yuhasz, Second by Bleiler. RE: AUTHORIZE THE CREATION AND FILLING OF A TEMPORARY PART-TIME KEYBOARD SPECIALIST POSITION – CIVIL SERVICE WHEREAS, the Civil Service Department has received a Local Government Records Management Improvement Fund grant for $7,241 from the New York State Archives to purge and complete data entry of inactive personnel and Civil Service files into the PerSoft database, and WHEREAS, it is the recommendation of the Personnel Officer that a temporary part-time position be created to perform the data entry work for the grant, and WHEREAS, said position has been appropriately titled a temporary part-time Keyboard Specialist NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the creation and filling of a temporary part-time Keyboard Specialist in the Civil Service Department, at the current contract rate of $11.70 an hour to work up to 17 hours per week until the grant funds are depleted but no later than July 31, 2007. Vote: 7-0. RESOLUTION NO. 253 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE INCREASING THE ESTABLISH STIPEND FOR CIVIL SERVICE EXAM MONITORS – CIVIL SERVICE WHEREAS, Resolution No. 375-97 established a stipend for Civil Service Exam Monitors of $10 per hour, and WHEREAS, since the rate has not increased since that time, it is the recommendation of the Management and Finance Committee and the Personnel Officer that the rate be increased. NOW, THEREFORE, BE IT RESOLVED, that the hourly stipend for Civil Service Exam Monitors be increased to $12, effective January 1, 2007. Vote: 7-0. RESOLUTION NO. 254 Motion by Larison, Second by Yuhasz. RE: ADOPT REVISED SCHUYLER COUNTY SUBSTANCE ABUSE POLICY/DRUG AND ALCOHOL TESTING PROGRAM – HUMAN RESOURCES WHEREAS, Schuyler County is required to comply with the United States Department of Transportation Federal Motor Carrier Safety Administration regulations (US DOT FMCSA) for drug and alcohol testing, and WHEREAS, the County’s policy is ten years old and is in need of several revisions and updates, including negotiated pre-employment requirements for temporary employees in the Highway Department, and WHEREAS, the Human Resources Department, with assistance from its drug and alcohol testing administrator, Energetix, recommends the attached revised policy be adopted by the Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the attached policy which shall become part of the Schuyler County Policies and Procedures, and Schuyler County Highway Manual, and BE IT FURTHER RESOLVED, that immediately upon adoption of this policy, the Human Resources Department shall arrange for the required training, education and distribution of this policy to be given to all covered employees by Energetix. Vote: 7-0. RESOLUTION NO. 255 Motion by Larison, Second by Yuhasz. RE: APPOINTMENTS – HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ADMINISTRATIVE OVERSIGHT COMMITTEE – HUMAN RESOURCES WHEREAS, there are two vacancies on the HIPAA Administrative Oversight Committee, and WHEREAS, the HIPAA Administrative Oversight Committee recommends that Tamre Waite, Office for the Aging and Loren Cottrell, Information Technology Services be appointed to fill said vacancies. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 99 NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Tamre Waite and Loren Cottrell to the HIPAA Administrative Oversight Committee effective immediately. Vote: 7-0. RESOLUTION NO. 256 Motion by Larison, Second by Bleiler. RE: AMEND DRUG-FREE WORKPLACE POLICY WHEREAS, there is language in the Drug-Free Workplace Policy that implies that violation of this policy will result in discipline without the mandatory hearing and other procedures available to certain employees as provided for in Section 75 of the Civil Service Law, and WHEREAS, it is not the intent of the County to circumvent the application of Section 75 of Civil Service law in any disciplinary proceeding to which it applies. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the amendment of the Drug- Free Workplace Policy as indicated in the bold print below: DRUG-FREE WORKPLACE POLICY Because Schuyler County (the "County") is a federal grant recipient within the meaning of the Drug-Free Workplace Act of 1988 (the "Act"), it is required to take certain steps toward maintaining, and to certify to granting federal agencies that it maintains, a drug-free workplace. In addition the County recognizes drug and alcohol dependency as an illness and a major health problem for all employees. Accordingly the County adopts the following policy. POLICY The County prohibits its employees from engaging in, the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances or intoxicants in the workplace. Any employee engaged in such prohibited conduct, or convicted of a crime involving a workplace drug violation, shall be subject to discipline, up to and including discharge. The County will weigh all relevant facts and circumstances and will consider relevant legal constraints in reaching a decision as to discipline. Without regard to, and independent of, its decision to impose discipline, the County retains the right to require that a covered employee who engages in prohibited conduct participate in, and successfully complete, a drug abuse assistance or rehabilitation program. As a condition of continued employment under a federal grant, covered employees must report to their immediate Supervisor within five days any criminal conviction for a workplace drug violation. In addition, any employee required to drive a licensed motor vehicle or operate motorized equipment as part of his/her employment, must report any alcohol or drug related convictions which restrict his/her driving privileges, in any way whatsoever, whether such conviction occurred on or off County premises or while conducting County or personal business. The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of State, Federal or Local criminal drug or alcohol statutes. Nothing contained in this policy statement concerning covered employees shall be construed to limit, or in any way restrict, the County's treatment of drug/alcohol-related incidents involving any of its employees. The County will comply with the provisions of Section 75 of the Civil Service Law, when applicable. The County will establish a drug/alcohol-free awareness program to inform employees about the dangers of drug and alcohol abuse in the workplace and to review the County's commitment to maintenance of a drug/alcohol-free workplace, within the meaning of the Act, as well as the penalties that may result from employee drug and alcohol abuse violations. In addition, the drug/alcohol-free awareness program will apprise employees of the availability of drug and alcohol rehabilitation counseling through the Schuyler County Mental Health Clinic and other community agencies as may be appropriate and will review with employees relevant services available through the County's Employee Assistance Program (EAP). Employees shall be provided with a copy of this policy statement and shall be required to acknowledge in writing to the County receipt of this policy, in addition, covered employees shall be required to acknowledge in writing attendance at the drug/alcohol-free awareness program specified in paragraph 3, above. It is the intent of the County that the following violations will be reported to law enforcement officials and penalties for violations of this policy shall be subject to the limitations of Section 75 of the Civil Service Law, if applicable. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 100 1. Unauthorized* possession or use of intoxicants or drugs (except with a doctor's prescription) on County property. 2. Working under the influence of intoxicants or drugs (except with a doctor's prescription). 3. Selling of drugs and/or intoxicants on County property. Counseling services must be through a duly recognized Alcoholism or Substance Abuse Service Agency. The County offers an Employee Assistance Program (EAP) that is totally confidential and available to all employees and their immediate families. The EAP provides professional services to employees whose job performance is, or may be, adversely affected by alcoholism, emotional difficulties, drug dependence, family discord or other personal problems. * - not otherwise authorized by law. Vote: 7-0. RESOLUTION NO. 257 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR A PARTNERSHIP FOR YOUTH (APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEM GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau has been awarded $116,900 to implement the above said program in collaboration with the Chemung County Youth Bureau, Steuben County Youth Bureau, ProAction, Catholic Charities of Schuyler and Chemung Counties and Workforce New York. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to this agreement with Office of Children and Family Services in the amount of $116,900 for the APY Aligning the Youth Development & Workforce Development System for the fiscal year 2006-2007; subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 258 Motion by Larison, Second by Bleiler. RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Peggy Tomassi to the Schuyler County Youth Board for the term of January 1, 2006 through December 31, 2008. Vote: 7-0. RESOLUTION NO. 259 Motion by Larison, Second by Yuhasz. E: AUTHORIZE INCREASE IN FAMILY FOSTER CARE RATES – DEPARTMENT OF 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 proposed rates 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 2007 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, 2007: MAXIMUM STATE AGE GROUP FROM TO AID RATE (MSAR) 0-3 years $12.77/day $14.02/day (diapers incl.) $16.05 4-5 years $11.22/day $12.34/day $14.37 6-11 years $12.65/day $13.92/day $17.29 12+ years $14.74/day $16.21/day $20.02 Special Rate $24.66/day $27.13/day $34.55 Exceptional Rate $36.42/day $40.06/day $52.34, and BE IT FURTHER RESOLVED, that the annual clothing rates, which are paid in 3, equal allotments in April, August and December be increased to remain in line with the MSAR. AGE GROUP FROM TO INSTALLMENT 0-5 years $303/annually $331/annually $110.33 6-11 years $423/annually $462/annually $154.00 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 101 12-15 years $657/annually $717/annually $239.00 16+ $804/annually $877/annually $292.33 Vote: 7-0. RESOLUTION NO. 260 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH WORK-FORCE NEW YORK FOR OPERATING THE WATKINS GLEN ONE-STOP CAREER CENTER – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Chemung-Schuyler-Steuben Workforce New York previously provided funding for the Watkins Glen One-Stop Career Center, and WHEREAS, effective July 1, 2006, funding to has been cut by the federal/state governments, with the result that sufficient money is not available in their budget to contract with agencies to operate the One-Stop, and WHEREAS, the One-Stop has been a valuable service to the Department in assisting Temporary Assistance clients obtain employment, thus reducing the Department’s Temporary Assistance caseload, and WHEREAS, the Department has sufficient funds available in its Flexible Fund for Family Services allocation to provide up to $12,400 in financial assistance to through June 30, 2007 at no cost to the local property taxpayer, providing the number of TANF users of the One-Stop exceeds 50% of the total number of users, and WHEREAS, some local funds may be required during the July-December 2006 period until the number of TANF users of the One-Stop exceeds 50% of the total users in order to maximize state and federal reimbursement, and WHEREAS, the Department is aggressively pursuing methods to ensure 50% of the users will be TANF clients, and WHEREAS, local funds, if needed to cover the July-December 2006 period, are available in the Department’s 2006 budget, account no. 6010.484, and WHEREAS, has agreed to be the lead agency in maintaining the One-Stop presence in Schuyler County by contracting with Corning Community College (CCC) to operate the One-Stop and contract with the ARC for space, and WHEREAS, will, in addition to being the lead agency, also provide operational support to the One-Stop (Internet connection, office supplies, etc.) as well as provide $8,000 to CCC for staffing, and WHEREAS, the total cost to operate the One-Stop exceeds $25,000 annually, either through direct financial assistance or by the partners in the One-Stop making an in-kind contribution. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby authorizes the Chairman of the Legislature to enter into an agreement with on behalf of the Department of Social Services, to maintain the Watkins Glen One-Stop Career Center through June 30, 2007 at a cost not to exceed $12,400, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 261 Motion by Larison, Second by Yuhasz. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – TOWN OF DIX – REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 104.00-1-28.1, owned by Gary and Susan Neal in the Town of Dix, and WHEREAS, the property owners allege that the assessment for that parcel as it appears on the 2005 assessment roll, and subsequently on the 2006 County/Town tax roll, includes the value of an improvement that was not there on the applicable Taxable Status Date, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that the inclusion of the value of the nonexistent improvement constitutes an error in essential fact as defined by RPTL Section 550(3)(b), and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that the application for correction be approved. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 102 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the application for correction, and that the corrected 2006 tax appears as follows: 2006 Original Tax Corrected Tax Rates Assessed Due Assessed Due Difference County Services 7.030150 $139,000 $977.19 $25,400 $178.57 Local Share – Medicaid 4.535695 $139,000 $630.46 $25,400 $115.21 Total County $1,607.65 $293.78 $1,313.87 Dix – Outside 5.178669 $139,000 $719.83 $25,400 $131.54 FD011 2.375715 $139,000 $330.22 $25,400 $60.34 Total Town $1,050.05 $191.88 $858.17 School Relevy $2,698.50 $493.11 Total Bill $5,356.20 $978.77 $4,377.43 , and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to make all applicable chargebacks to the Town of Dix and the Watkins Glen Central School District. Vote: 7-0. RESOLUTION NO. 262 Motion by Larison, Second by Fagan. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE RESIDENTIAL-COMMERCIAL URBAN EXEMPTION WHEREAS, Local Law Intro. No. 2/Local Law No. 3 of the Year 2006 Providing for partial exemption by the County of Schuyler of Real Property receiving the Residential-Commercial Urban Exemption was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 14, 2006 at 7:00 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. 3 the Year 2006, 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. 3 of the Year 2006, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2006 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Residential-Commercial Urban Exemption. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Residential – Commercial Urban Exemption. SECTION 2: LEGISLATIVE AUTHORITY. This Local Law is enacted pursuant to the provisions of Section 485-a of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Residential – Commercial Urban Exemption Law. SECTION 4: DEFINITIONS A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption from real property taxes pursuant to this Local Law is sought. B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 103 C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. D. “Mixed-use property” means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial purposes. E. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. F. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. SECTION 5: REAL PROPERTY TAX EXEMPTION. A. Non-residential real property, upon conversion to mixed-use property, shall be exempt from taxation and special ad valorem levies by Schuyler County to the extent provided in this section. 1. For a period of twelve years from the approval of an application, the increase in assessed value of such property attributable to such conversion shall be exempt as provided in paragraph 2 of this subdivision. Such exemption shall be computed with respect to the “exemption base”. The exemption base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year’s assessed value. 3. The following table shall illustrate the computation of the tax exemption: Year of exemption Percentage of exemption 1 through 8 100% of exemption base 9 80% of exemption base 10 60% of exemption base 11 40% of exemption base 12 20% of exemption base B. No exemption shall be granted unless: 1. such conversion was commenced subsequent to the date on which this local law takes effect; and 2. the cost of such conversion exceeds the sum of ten thousand dollars. C. For purposes of this section, the term conversion shall not include ordinary maintenance and repairs. D. No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the county in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements had such property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a number of years equal to the twelve year exemption granted pursuant to this section less the number of years the property would have been previously exempt from real property taxes. SECTION 6: APPLICATION PROCESS. A. Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the state board, and shall be filed with the assessor of the municipality having the power to assess property for taxation on or before the appropriate taxable status date of such municipality. B. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as in this section provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. SECTION 7: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 8: EFFECTIVE DATE. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 104 This Local Law shall take effect immediately. DISCUSSION: Legislator Bleiler stated to Barbara Halpin that if this was tied to Empire Zone he had some concerns. He stated that if someone was to develop a property for the purpose of creating jobs and receive tax breaks from the State of New York, then the County does not loose money, but if we give an abatement, then the State will receive the break and it will cost the County money. We end up giving the State a break. Ms. Halpin replied that in 2007, the State will be making it harder to get certified for an Empire Zone and fewer people will be able to take advantage of it. Legislator Bleiler stated that then there would no connection to the zone and it would be okay. He also said that a statement needed to be made in regards to residential property on top of a business property, such as buildings on the Main Street in the Village of Odessa. No one has ever made use of or improved them and maybe by offering an incentive such as this abatement on potential development, it would encourage people to improve the property and in the long run the County would benefit. Legislator Fagan also added that there are strict fire code laws for these buildings and this will help. In order for these businesses to meet these laws it is very costly. He feels this should also help encourage sales tax growth and then end up with a domino effect by bringing businesses into the community. Vote: 7-0. RESOLUTION NO. 263A Motion by Karius, Second by Bleiler. RE: MOTION TO TABLE RESOLUTION NO. 263 BE IT RESOLVED, that Resolution No. 263 be tabled for further discussion. Vote: 7-0. RESOLUTION NO. 263 Motion by Karius, Second by Bleiler. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION - TABLED WHEREAS, Local Law Intro. No. 3/Local Law No. of the Year 2006 Providing for partial exemption from taxation by the County of Schuyler of Real Property receiving the Infrastructure Exemption was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 14, 2006 at 7:05 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. of the Year 2006, 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. 3/Local Law No. of the Year 2006, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2006 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Infrastructure Exemption. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure Exemption. SECTION 2: LEGISLATIVE AUTHORITY. This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Infrastructure Exemption Law. SECTION 4: REAL PROPERTY TAX EXEMPTION. A. Residential building lots which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 105 residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of occupancy but in no event longer than three years from granting of the exemption herein, the exemption provided by this subdivision shall lapse. B. For purposes of this section infrastructure shall be comprised of the following public facilities which are intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential subdivision as noted on the filed plat plan for such residential subdivision. SECTION 5: APPLICATION PROCESS. A. Such exemption shall be granted only upon application by the owner of the real property on a form prescribed and made available by the office of real property services. The applicant shall file the information as required by the office of real property services. The application shall be filed with the assessor of the appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of such assessing unit and not later than one year from the date of completion of such construction, installation or improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective date of the local law or school district resolution providing that the exemption under this section shall be applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall be made within one year from the effective date of such local law or school district resolution. B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is entitled to an exemption pursuant to this section, the assessor shall approve the application and such real property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption entered in a separate column. SECTION 6: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 7: EFFECTIVE DATE. This Local Law shall take effect immediately. RESOLUTION NO. 264 Motion by Karius, Second by Fagan. RE: AMEND RESOLUTION NO. 236-06 TITLED “APPOINT SCHUYLER COUNTY ELECTION INSPECTORS” AND ACKNOWLEDGE ADDITIONAL APPOINTMENTS – BOARD OF ELECTIONS WHEREAS, per Resolution No. 236-06 the Legislature appointed Schuyler County Election Inspectors, and WHEREAS, per the Board of Elections guidelines the appointment of the election inspectors are to be done by the Commissioners and the Legislature is to acknowledge the appointments recommended by the Commissioners. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 236-06 is amended to change the following title and sentences to now read as follows below in bold: “ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and acknowledged by the County Legislative Body by resolution, and 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, 2006 through July 14, 2007:”, and BE IT FURTHER RESOLVED, that upon after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of fourteen additional individuals to be appointed as election inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 106 the appointment of the following individuals as Schuyler County Election Inspectors for a one-year term commencing July 15, 2006 through July 14, 2007: Elizabeth Cole Lois J. P. Brown Mary Cook Richard S. Brown Edythe Jones Mary Kelly Joan Martin Ellen Mathers Marion Nicastro Frederick Mockler Rosemary Paterson Naylor-Haight Ida Smalley Welshans and BE IT FURTHER RESOLVED, that per Resolution No. 351-05, the Legislature agrees to pay all election inspectors working for the County, the rate of $100.00 for a primary election, $150.00 for a general election, and $25 for each mandated training session.” Vote: 7-0. RESOLUTION NO. 265 Motion by Karius, Second by Fagan. RE: AMEND RESOLUTION NO. 214-06 TITLED “AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NARCOTICS CONTROL GRANT – DISTRICT ATTORNEY’S OFFICE” WHEREAS, Resolution No. 214-06 authorized an agreement with the New York State Division of Criminal Justice Services for the Narcotics Control Grant in the amount of $47,575 with a county match of $7,054, and WHEREAS, said grant total amount is $49,333 with grant funding in the amount of $37,000 with a local match of $12,333. NOW, THEREFORE, BE IT RESOLVED, that the Now, Therefore, Be it Resolved clause in Resolution No. 214-06 now read as follows: “NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with the New York State Division of Criminal Justice Services for a Narcotics Control Grant, with a term of April 1, 2006 through March 31, 2007, in the amount of $49,333 with grant funding in the amount of $37,000 with a local match of $12,333, to be comprised of in-kind services, subject to approval by the Schuyler County Attorney.” Vote: 7-0. RESOLUTION NO. 266 Motion by Karius, Second by Fagan. RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR SNOWMOBILE CLUBS FOR 2006-2007 WHEREAS, four local snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and WHEREAS, the Planning Department would be the administrator of the grants and the County Treasurer would administer the grant funds, and WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Planning Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue the trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the county in the pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the 2006-2007-grant application. Vote: 7-0. RESOLUTION NO. 267 Motion by Fagan, Second by Bleiler. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 107 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, and WHEREAS, the COLA for the period April-May-June, 2006 was determined to be 4.8%, and WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature adopt a 4% COLA for Management/Confidential Salary Plan purposes. 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, 2007. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 70,619 80,112 89,625 951 – 1025 L 65,182 74,688 84,193 876 – 950 K 59,749 69,256 78,762 801 – 875 J 54,317 63,825 73,330 726 – 800 I 48,888 58,394 67,898 651 – 725 H 43,455 52,282 61,109 576 – 650 G 39,381 48,888 58,394 501 – 575 F 36,664 45,492 54,317 426 – 500 E 33,949 42,096 50,244 351 – 425 D 31,234 38,703 46,173 276 – 350 C 28,518 35,307 42,096 202 – 275 B 25,801 32,592 39,381 Vote: 7-0. RESOLUTION NO. 268 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE APPOINTMENT – SCHUYLER COUNTY ADMINISTRATOR WHEREAS, Local Law No. 3 of the year 1999 provides that the initial term of office for County Administrator shall commence on the date of appointment, and expire on December 31 of the year following appointment, with any subsequent terms of office to be for four years, and WHEREAS, the incumbent’s initial term will expire December 31, 2006 and it is the desire of this Legislature to authorize his re-appointment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Timothy O’Hearn as Schuyler County Administrator for the term January 1, 2007 through December 31, 2010, with a 2007 annual salary of $90,000. Vote: 7-0. RESOLUTION NO. 269 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH ANN CLARKE FOR ADDITIONAL CONSULTANT SERVICES FOR A SCHUYLER COUNTY TRANSPORTATION STUDY WHEREAS, Resolution No. 108 authorized an agreement with Ann Clarke Consultant Services for a Schuyler County Transportation Study, and WHEREAS, the transportation sub committee recommends hiring Ann Clarke for additional consultant work to help finalize the study, and WHEREAS, funding is available in the 2006 budget in account no. 5630.400-5630-Transit Needs to pay for said agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Ann Clarke to provide additional consulting services, to be paid $75 an hour, in an amount not to exceed $1,875, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 270 Motion by Larison, Second by Fagan. RE: ACCEPT PROPOSAL AND AUTHORIZE AGREEMENT WITH NELSON/NYGAARD FOR A ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 108 TRANSIT NEEDS ASSESSMENT WHEREAS, Resolution No. 135 authorized request for proposals for a county-wide transit needs assessment, and WHEREAS, said proposals were received and reviewed by the transportation sub committee and it is the committee’s recommendation that the proposal from Nelson/Nygaard be accepted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the proposal from Nelson/Nygaard in the amount of $36,911, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with Nelson/Nygaard in the amount of $36,911 for a transit needs assessment, funding is available in the 2006 budget in account no. 5630.400-5630-Transit Needs to pay for said agreement; subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 271 Motion by Larison, Second by Fagan. RE: RESOLUTION APPROVING THE FORMATION OF A LOCAL DEVELOPMENT CORPORATION TO SPONSOR A PROPOSED OFFICE BUILDING CONSTRUCTION PROJECT AND APPOINTING INITIAL DIRECTORS WHEREAS, pursuant to Section 1411(a) of the Not-for-Profit Corporation Law (the “Act”), the County of Schuyler (the “County”) is empowered to establish a local development corporation for the several charitable and public purposes, including: relieving and reducing unemployment; (ii) promoting and providing for additional and maximum employment; (iii) bettering and maintaining job opportunities; (iv) assisting individuals to improve or develop their capabilities for such jobs; and lessening the burdens of government and acting in the public interest, and WHEREAS, pursuant to the Act, the County desires to cause the formation of a local development corporation (the “Corporation”), which will operate independent of the County as a bankruptcy remote entity with the Chairman of the County Legislature (the “Chairman”) serving ex officio as the sole member thereof, for the exclusive purpose of undertaking the planning, design, engineering, acquisition, finance, construction and operation of a proposed office building facility to be located within the County (the “Project”), and WHEREAS, it is proposed that the Corporation, whose Directors shall be appointed by the County, will lease office space within the Project to the County for County governmental purposes and also lease portions of the Project certain social service agencies, including the County Workforce Development Office, County-based Head Start Program, Cornell Cooperative Extension, and a County-based Rape Crisis Center (the “Agencies”). NOW, THEREFORE, BE IT RESOLVED, that the County hereby determines that the Corporation’s undertaking of the Project and the lease of office space to the County and the Agencies are consistent with and in furtherance of the public purposes and powers set forth within the Act, and BE IT FURTHER RESOLVED, that the formation of the Corporation pursuant to the Act is hereby approved and the Chairman is authorized and directed to take all actions on behalf of the County, as the sole member of the Corporation, to cause the incorporation and organization of the Corporation, and BE IT FURTHER RESOLVED, that the following individuals are appointed as the initial voting directors of the Corporation: 1. Thomas M. Gifford, Chairman of the Legislature – August 15, 2006 through December 31, 2006 2. Timothy O’Hearn, County Administrator - August 15, 2006 through December 31, 2010 3. Margaret Starbuck, County Treasurer – August 15, 2006 through December 31, 2007, and BE IT FURTHER RESOLVED, that all voting and non-voting directors of the Corporation shall be appointed from time to time by the County, through the Chairman, and BE IT FURTHER RESOLVED, that the County hereby authorizes the engagement of Harris Beach PLLC to provide certain legal and transaction counsel services to the County in connection with the Project upon such terms as may be authorized by the Chairman and the County Administrator, and BE IT FURTHER RESOLVED, that the Directors and Officers of the Corporation are authorized, empowered and directed to take all actions and to execute all documents as may be necessary or advisable and proper to carry on the business of the Corporation. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 109 DISCUSSION: Legislator Slusser said he noticed that only three members were appointed and wondered about when the other members would be appointed. Administrator O’Hearn stated that the additional appointment(s) would be occurring at the Organizational meeting for the Local Development Corporation. Vote: 7-0. RESOLUTION NO. 272 Motion by Fagan, Second by Larison. RE: MOTION TO BRING THREE RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three additional Resolutions be brought to the floor. Vote: 7-0. RESOLUTION NO. 273 Motion by Larison, Second by Bleiler. RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. OF THE YEAR 2006 AUTHORIZING A LEASE PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT WHEREAS, County Law §215 sets a term limit for leases-option agreements for terms no more than five years, and WHEREAS, in order for the newly created Local Development Corporation (LDC) to successfully lease office space within the proposed office building facility to be located within the County to the County for County governmental purposes, the Schuyler County Legislature requires authorization for a lease period in excess of County Law §215 term limit of five years. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2006 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 11, 2006 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2006 A local law authorizing a lease period in excess of County Law §215 term limit. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1 Short Title. This local law shall be known by its short title: “AUTHORIZE LEASE / CL§215. SECTION II Purpose. 1. The purpose hereof shall be to authorize the County of Schuyler to enter into a lease of real property for whatever term the contracting parties may find mutually acceptable. 2. Parties. The county may enter a lease or lease/option agreement with any lawfully constituted entity, public or private, to include a Local Development Corporation formed under §1411 of the Not-For- Profit Corporations Law. SECTION III Conditions. Acting in accordance with this local law, the Schuyler County Legislature shall be empowered to enter into a real property lease, including lease-option agreements for terms in excess of five years. 1 All conditions and provisions of such leases shall be determined by negotiation and mutual agreement of the Lessor and Lessee. SECTION IV Funding. Lease funding: The Schuyler County Legislature is hereby authorized to expend funds in pursuance of the object of this local law and to budget accordingly and to commit funds for a lease deposit, other transaction costs and acquisition costs. SECTION V Lease Provisions. The provisions of any lease authorized hereby shall be jointly reviewed and approved by the Schuyler County Administrator, the Schuyler County Attorney and counsel for the LDC or other contracting entity. SECTION VI ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 110 Severability. If any portion of this law shall be declared invalid by a court of competent jurisdiction the remaining sections shall remain in full force and effect. This local law shall be effective immediately upon filing with the Secretary of State DISCUSSION: Legislator Slusser inquired as to why there was no time limit listed in the resolution. County Attorney Coleman stated that it is listed generically to allow for the maximum amount of time. Vote: 7-0. RESOLUTION NO. 274 Motion by Larison, Second by Bleiler. RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE CRIME VICTIMS BOARD GRANT FUNDS FOR 2006- 2009 - DISTRICT ATTORNEY’S OFFICE WHEREAS, the New York State Crime Victims Board has grant funding available to assist the Schuyler County District Attorney’s Office in its efforts to ensure that crime victims are fully informed as to the status of matters in the criminal justice system, to ensure that victims are heard, and to ensure that victims receive services from advocates, therapists, counselors and others as necessary to help them recover from victimization, and WHEREAS, the total awarded amount of the grant is $132,877 for the three year term with a county match of 20% (10% in-kind -10% to be funded from the District Attorney budget). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with the New York State Division of Criminal Justice Services in the amount of $132,877, with a contract term of October 1, 2006 through September 30, 2009, subject to approval by the Schuyler County Attorney. DISCUSSION: Legislator Bleiler asked the Clerk if she was able to confirm figures and information with the Human Resource Department. The Clerk stated that she did review the information with Human Resources. Legislator Bleiler stated to the rest of the Legislative Board that this is one of the Resolutions that were missing during the Legislative Review Committee Meeting. Vote: 7-0. RESOLUTION NO. 275 Motion by Larison, Second by Bleiler. RE: AUTHORIZE INCREASING THE PART TIME CRIME VICTIMS COORDINATOR POSITION TO FULL TIME - DISTRICT ATTORNEY’S OFFICE WHEREAS, the New York State Crime Victims Board has approved a grant for the Schuyler County District Attorney’s Office to assist in its efforts to ensure that crime victims are fully informed as to the status of matters in the criminal justice system, to ensure that victims are heard, and to ensure that victims receive services from advocates, therapists, counselors and others as necessary to help them recover from victimization, and WHEREAS, the current Crime Victims Coordinator position is part-time, 20 hours per week, and the Crime Victims Board has allocated additional funds for the purpose of making the Crime Victims Coordinator position full-time (based on a 35 hour work week), and WHEREAS, the cost of the increase in the position will be 80% funded by the New York State Crime Victims Board grant and the remainder will be funded from the 2006 District Attorney budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the increase of the part-time Crime Victims Coordinator position to a full-time position, at the current hourly rate and pay set forth in the Administrative Unit Contract, effective October 1, 2006, contingent upon continued grant funding. Vote: 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported on the Human Services Committee. He informed the legislators and public that the Blue Note Youth Café is now open on Franklin Street. Legislator Fagan reported on the Community Development & Natural Resource Committee. He provided an update on the Transportation sub committee stating that there was a meeting in Albany regarding ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 111 the Department of Transportation funding and the Committee will be getting together to finalize the project soon. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn provided an update on the Council of Government meetings and stated that later this week they will be meeting again to discuss the County wide assessment services. There will also be discussion on the Board of Elections and HAVA requirements with the new September mandates that will be starting with the election custodians. O’Hearn will be making the towns aware of the mandates for appointing the election custodians and will be asking them to make recommendations for the Special Meeting on August 30th, which will be prior to the primary election. O’Hearn also reported that he will be traveling to Tioga County with several other Department Heads representing the Sheriff’s Department, Treasurers office, Health Services, Department of Social Services and the Information Technology Department. They will be providing an overview of Schuyler County’s Performance Based Budget. He also provided an update on the Records Management Grant stating that they have not heard about the grant, but they are proceeding with a new facility. He has met with the Watkins Glen School District and recently found out that the State Education Department’s approval will be needed to be able to utilize the proposed location at the former Bus Garage. This approval could take up to six months. He also noted that the approval won’t affect the grant. The State will see that this is unoccupied space, which should be a positive outlook. Mike DeNardo from the school district is in the process of drafting documents and David Lisk, Building Maintenance Supervisor, is requesting a proposal from HUNT Engineers. Legislator Bleiler reminded everyone that the building was originally designated to be eliminated back when the School was doing their renovation plans. Chairman Gifford stated that they also had plans to use the building for storage. Legislator Yuhasz stated that back when Dr. Pete was with the School District, he wanted to use it for administrative offices. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:25 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk PUBLIC HEARING AUGUST 22, 2006 The August 22, 2006 Public Hearing on the Solid Waste Management Plan Ten Year Update was called to order at 7:00 p.m. at the Rural Urban Center, Montour Falls, NY. Legislator Fagan, the Clerk of the Legislature and Jenna Hicks, Environmental Educator/Planning Assistant of the Schuyler County Cornell Cooperative Extension were present. No one from the public attended. Jenna gave a brief presentation on the update for the next twenty years, which is on file in the Legislative Office. Legislator Fagan commented on how there are some clerical changes since 2002 that should be changed before making the update complete. He also felt there needed to be more implementation or effort by the Environmental Educator to increase the schools awareness of recycling. He suggested that the program start with elementary children, who in turn educate the parents. He would like to see that effort made and suggested that an assessment be done of the three school districts in Schuyler County on their recycling habits and schedule a meeting with the three school boards to discuss implementing some educational classes on the subject. The public hearing adjourned at 7:43 p.m. Stacy B. Husted, Clerk SPECIAL MEETING AUGUST 30, 2006 The August 30, 2006 Special Meeting of the Schuyler County Legislature was called to order at 9:20 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 112 of Silence. All Legislators were present except Legislator Karius who was absent and Legislator Bingell who was excused. County Attorney Coleman and County Administrator O’Hearn were also excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 276 Motion by Larison, Second by Fagan. 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. ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF THE COUNTY ROUTE 5 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT 2. ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF ELECTIONS Vote: 5-0. RESOLUTION NO. 277 Motion by Larison, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF THE COUNTY ROUTE 5 BRIDGE REPLACEMENT PROJECT – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 139-06 authorized the advertising for bids for construction of the County Route 5 Bridge Replacement project, and WHEREAS, bids were opened on August 22, 2006 and reviewed with the recommendation being made by Barton & Loguidice Consulting Engineers to accept the low bid from Ramsey Constructors, Inc. NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Public works Committee, the Schuyler County Legislature accept the following low bid from Ramsey Constructors, Inc. for the County Road 5 Bridge Replacement over Tug Hollow Creek at the low bid price of $546,534.00, funding available in the 2006 budget account no. 5120.524, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Ramsey Constructors, Inc. for the Construction of County Route 5 Bridge Replacement in the amount of $546,534.00, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED that the all other bids be rejected, with a note of appreciation for their participation. Vote: 5-0. Legislator Bleiler in at 9:25 a.m. RESOLUTION NO. 278A Motion by Bleiler, Second by Larison. RE: MOTION TO AMEND RESOLUTION NO. 278 BE IT RESOLVED, that Resolution No. 278 be amended to add at the end of the first paragraph “to be funded by the Board of Elections budget”, and that it be amended to add an additional Be It Further Resolved clause to read as follows: “BE IT RESOLVED, that the towns may offer additional compensation.” DISCUSSION: Legislator Slusser asked what the custodians do. Legislator Larison explained that they set up the machines, be there for a re-count if there is one, be on-call during the election and be there to close the machines down. Legislator Slusser asked if the custodians will be needed with the new machines next year. Legislator Larison said yes, and they will have to be trained on the new machines. Legislator Fagan said he will be voting no on this resolution because he feels they should be paying the same amount the towns paid the custodians last year. He said the county is now in charge, but they have no say in the matter. Legislator Yuhasz stated that by voting no means nothing. It is the commissioner’s appointment and we are just acknowledging it. The Clerk read from the memo regarding the motion made to appoint the custodians. The last sentence says that the Commissioners acknowledged that the towns may offer additional compensation. Legislator Slusser stated that the Resolution does not specify that the county is paying the $50 per machine. It was suggested that the Resolution be amended to reflect that the Board of Election’s budget will be paying the $50 per machine and that the towns may pay them more. Legislator Fagan said the Council of Governments recommended that the rates stay the same as they were last year from each town. He is not sure why that was not approved by the commissioners. Legislator Bleiler said he felt that would be inappropriate. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 113 Vote: 6-0. RESOLUTION NO. 278 Motion by Larison, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF ELECTIONS – AS AMENDED BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David Stamp, John Compton and Jon Truax as the County's Voting Machine Custodians for the year 2006, to be paid $50 per machine, to be funded by the Board of Elections budget, and BE IT FURTHER RESOLVED, that the towns may offer additional compensation. Vote: 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:36 a.m. Stacy B. Husted, Clerk REGULAR MEETING SEPTEMBER 11, 2006 The September 11, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Betty Heichel stood and inquired about the Legislature approving Local Law No. 3 relative to 485a last month. She wanted to know where the money was coming from for this Local Law. Chairman Gifford replied that there was no money involved with the Local Law, it is at the property or business owner’s expense. Ruth Young, from the Town of Orange, stood and stated that she was only speaking for herself and not for any political party. She read from a prepared statement which included a small quote. It was in opposition of the creation of the Local Development Corporation. County Administrator O’Hearn responded with a clarification of the Local Development Corporation (LDC) and justification for the creation by resolution. Ruth wanted to know how the County would benefit from it. O’Hearn stated that it would reduce the cost over a million dollars to taxpayers. Ruth asked the Legislators if they had analyzed the numbers. Chairman Gifford stated that they could provide Ruth with Bylaws and additional information at a later time. 7:00P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2006 AUTHORIZING A LEASE PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT: None. RESOLUTION NO. 279 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE AUGUST 14, 2006 REGULAR MEETING, THE AUGUST 22, 2006 PUBLIC HEARING AND THE AUGUST 30, 2006 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the August 14, 2006 Regular Meeting, the August 22, 2006 Public Hearing and the August 30, 2006 Special Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 280 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATIONS FOR STATE HOMELAND SECURITY PROGRAM– EMERGENCY MANAGEMENT–AND-LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF’S DEPARTMENT WHEREAS, the New York State Office of Homeland Security offered counties money for Homeland Security Preparedness, and WHEREAS, the Emergency Management Office wishes to apply for funds under the State Homeland Security Program in the amount of $11,000.00, and WHEREAS, the Sheriff wishes to apply for funds under the Law Enforcement Terrorism Prevention Program in the amount of $9,900.00, and WHEREAS, these grants are 100% funded with no local match required. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 114 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 and Law Enforcement Terrorism Prevention Program Grants; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 281 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE FEES FOR RECORDS AND BACKGROUND CHECKS –SHERIFF’S DEPARTMENT WHEREAS, in recent years there has been a significant increase in the request for records and background checks, and WHEREAS, the task of performing these checks is very time consuming, and the Sheriff feels that a fee should be set to cover the costs of these services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff’s Office be authorized to charge and collect a fee of $10.00 for records and background checks. Vote: 8-0. RESOLUTION NO. 282 Motion by Bingell, Second by Bleiler. RE: AUTHORIZE GRANT APPLICATION FOR FFY 06 HOMELAND SECURITY GRANT PROGRAM, CITIZEN CORPS PROGRAM – EMERGENCY MANAGEMENT WHEREAS, Homeland Security through the New York State Emergency Management Office has offered counties competitive grants for Citizen Corps Programs, with no match to the County, and WHEREAS, the Emergency Management Office wishes to apply for $10,000 to enhance the Citizen Corp Council initiatives within Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the FFY 06 Homeland Security Grant Program, Citizen Corps Program Grant; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 283 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR UNITED STATES HOMELAND SECURITY COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM (CEDAP) – EMERGENCY MANAGEMENT WHEREAS, the United State Homeland Security is accepting applications for the CEDAP program, and WHEREAS, the Emergency Management Office wishes to apply for a selected piece of equipment under this program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the US Homeland Security Commercial Equipment Direct Assistance Program (CEDAP), subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 284 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH OCCUMED OF WESTERN NEW YORK, INC – EMERGENCY MANAGEMENT WHEREAS, Occumed of Western New York, Inc. wishes to lease one TSI Model 8020 Respirator Fit Tester from Schuyler County, and WHEREAS, the term of the contract will be on a daily basis, and WHEREAS, Occumed of Western New York, Inc. will pay the sum of $115.00 per day for each calendar day that it is used. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Occumed of Western New York, Inc. for the Emergency Management Department for lease of one TSI Model 8020 Respirator Fit Tester; subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 285 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN AGREEMENT ACCEPTING STATE AID FOR DNA COLLECTIONS UNDER NEW STATE LEGISLATION- PROBATION DEPARTMENT ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 115 WHEREAS, the New York State Legislature recently enacted new legislation requiring Probation departments to collect DNA samples from certain offenders and to forward these samples to the Division of Criminal Justice Services (DCJS) Crime Laboratory in Albany, and WHEREAS, it is the desire of the New York State Division of Probation and Correctional Alternatives to provide financial assistance to the Schuyler County Probation Department in the sum of $1,355 for collecting said samples, and WHEREAS, the County is required to sign an agreement to accept these funds by meeting certain conditions, which the Probation Department is prepared to meet. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with the New York State Division of Probation and Correctional Alternatives to accept State Aid in the amount of $1,355 for said DNA testing, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 286 Motion by Fagan, Second by Bingell. RE: RESOLUTION ACCEPTING THE SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN – 10 YEAR UPDATE WHEREAS, the Schuyler County Solid Waste Management Task Force was reformed in late 2001 to offer the technical assistance needed to update the plan, and WHEREAS, the updated plan will cover the next 20 year planning period (2005-2025), and WHEREAS, the plan has been reviewed and approved by appropriate Department of Environmental Conservation staff, and WHEREAS, a public comment period was held February-March 2006, with received comments being incorporated into the plan, and WHEREAS, a public hearing was held in August 2006, with received comments being incorporated into the plan, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to accept the Schuyler County Solid Waste Management Plan-10 Year Update as presented at the public hearing that was held August 22, 2006. Vote: 8-0. RESOLUTION NO. 287 Motion by Fagan, Second by Bingell. RE: AUTHORIZE A WASTEWATER DISTRICT INTER-MUNICIPAL AGREEMENT WITH THE TOWNS OF ORANGE AND TYRONE WHEREAS, it is necessary and desirable for the protection of public health and safety, the environment, property values and aesthetics that the County and the Towns of Orange and Tyrone create a regulatory and enforcement mechanism for the purpose of which shall be minimizing ground and surface waste pollution caused by inadequate septic systems for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and WHEREAS, the cost associated with administration and execution of this agreement shall be allocated by the Lamoka/Waneta Lakes Protection and Rehabilitation District in the amount of $10,000 starting in the year 2007 with grant monies being used for the program in the year 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an inter-municipal agreement with the Towns of Orange and Tyrone for the enforcement of wastewater regulations for the term of July 1, 2006 through December 31, 2007, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 288 Motion by Fagan, Second by Bleiler. RE: AUTHORIZE A CONTRACT WITH CORNELL COOPERATIVE EXTENSION FOR THE FAMILY PLAY & RESOURCE CENTER COORDINATOR – YOUTH BUREAU WHEREAS, the Youth Bureau has received a Triangle Fund Grant for the amount of $7,500 for the Family Play and Resource Center program to hire a coordinator, and WHEREAS, Cornell Cooperative Extension of Schuyler County has been an active partner and currently provides parent education for the Family Play and Resource Center. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 116 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into contract with Cornell Cooperative Extension to provide a coordinator for the Family Play & Resource Center program in the amount of $7,500 from October 1, 2006 through September 30, 2007, subject to the approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 289 Motion by Bingell, Second by Larison. RE: APPOINTMENT – SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of the Andrew Morrow to the Schuyler County Youth Board for the term January 1, 2006 through December 31, 2008. Vote: 8-0. RESOLUTION NO. 290 Motion by Bingell, Second by Larison. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR NYCONNECTS POINT OF ENTRY FUNDS – YOUTH BUREAU WHEREAS, the Families First program has been awarded state aid in the amount of $52,000 from the NYCONNECTS Point of Entry funds, and WHEREAS, the 2006 budget needs to be amended to reflect said award. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 budget for the Youth Bureau as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$17,903 7310.120 Personnel +$34,097 7310.308 Families First +$52,000 7310-2389 Other Home & Community Service Revenue Vote: 8-0. RESOLUTION NO. 291 Motion by Bingell, Second by Larison. RE: ADOPT A SCHUYLER COUNTY SERVICE AWARD/RETIREMENT RECOGNITION POLICY – HUMAN RESOURCES WHEREAS, it is the County’s desire to enhance County pride and employee morale through a service award and retirement recognition program that formally recognizes employees’ contributions to the efficient operation of County government as well as years of service. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the attached Schuyler County Service Award/Retirement Recognition Policy, and BE IT FURTHER RESOLVED, that the attached policy shall become part of the Schuyler County Policies and Procedures. SCHUYLER COUNTY SERVICE AWARD/RETIREMENT RECOGNITION POLICY 1. OBJECTIVE It is the County’s objective to enhance County pride and employee morale through a service award and retirement recognition program that formally recognizes employees’ contributions to the efficient operation of County government as well as years of service. 2. SCOPE OF POLICY This policy applies to all active county employees. 3. COORDINATION / CONTINUATION OF PROGRAM There will be an Employee Recognition Committee which shall consist of the following: County Administrator’s Office representative Human Resources Department representative Legislative Office representative Personnel Officer Member-at-Large The Committee will be responsible for coordinating the awards, reception, publicity, invitations, etc. within budgeted funds. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 117 The Committee will be responsible to propose funding on an annual basis to support this Program to the Budget Officer. 4. SERVICE AWARD CRITERIA / AWARDS The Human Resources Department will be responsible to present the years of service eligibility information to the Employee Recognition Committee. Awards will be given as follows: A. Five years of continuous service – Certificate B. Ten years of continuous service – Certificate and 10-year Service Pin C. Fifteen years of continuous service – Certificate and 15-year Service Pin D. Twenty years of continuous service – Certificate and 20-year Service Pin E. Twenty-Five years of continuous service – Certificate and 25-year Service Pin F. Thirty years of continuous service – Certificate/Gift G. Thirty-Five years of continuous service – Certificate/Gift 5. RETIREMENT RECOGNITION PROCEDURES The Human Resources Department will be responsible to present the retiree eligibility to the Employee Recognition Program. Retirees shall receive a Certificate/Gift/Dedication in Legislature Proceedings Book. 6. RECORDS Copies of Certificates shall be placed in the employee’s respective personnel file in the Human Resources Department. Other records pertaining to this program shall be kept on file in the Records Management Office and retained in accordance with the records retention schedule. Vote: 8-0. RESOLUTION NO. 292 Motion by Yuhasz, Second by Bleiler. RE: SCHUYLER COUNTY ADOPTION OF THE STATE OF NEW YORK DEFERRED COMPENSATION PLAN WHEREAS, Schuyler County wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the “Plan”) for the voluntary participation of all eligible employees, and WHEREAS, Schuyler County is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law, and WHEREAS, Schuyler County has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York, and WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with Schuyler County by providing eligible employees with a convenient and tax-favored method of saving on a regular and long-term basis and thereby provide for their retirement. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Plan for the voluntary participation of all eligible employees, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan, and BE IT FURTHER RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission. Vote: 8-0. RESOLUTION NO. 293 Motion by Yuhasz, Second by Bleiler. RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE” AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding will be 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. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 118 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set September 30, 2006 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 of 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 2006, at a cost of 6% of the sale; subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 294 Motion by Yuhasz, Second by Bleiler. RE: ADOPT PURCHASING POLICIES AND PROCEDURES AS AMENDED WHEREAS, the Schuyler County Purchasing Policies and Procedures have not been updated since June, 1999, and WHEREAS, it is the recommendation of the Purchasing Specialist and the County Administrator that the manual is in need of several revisions and needs to be revised and updated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Purchasing Policies and Procedures as amended and on file dated September 11, 2006, and BE IT FURTHER RESOLVED, that the attached policy shall become part of the Schuyler County Policies and Procedures. Vote: 8-0. RESOLUTION NO. 295 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, the Alcohol & Substance Abuse Subcommittee has a vacancy, and WHEREAS, Christopher Rosno has expressed an interest in serving on the Alcohol & Substance Abuse Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Christopher Rosno to the Alcohol & Substance Abuse Subcommittee for the term September 11, 2006 through December 31, 2008 Vote: 8-0. RESOLUTION NO. 296 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH KELLY FITCH, PHN, FOR NURSING SERVICES - PUBLIC HEALTH AND COMMUNITY SERVICES WHEREAS, Kelly Fitch, PHN has served the Public Health Department for several years as an independent contractor and has extensive knowledge of the Public Health operations, and WHEREAS, funds are available in the 2006 Public Health budget, account no. 4010.490 to continue her contract for part time nursing services, at reduced hours from 17.0 to 10.0 per week, and WHEREAS, Community Services has a new initiative called Child and Family Clinic Plus, which will require early screening of children in community settings, and WHEREAS, Kelly Fitch, PHN is qualified to, and has agreed to perform, these screenings for the Mental Health Clinic, and WHEREAS, her hours will be 10.0 per week for Public Health and 10.0 per week for Community Services, and WHEREAS, funds are available in the 2006 Community Services budget, account no. 4310.435 to pay for said additional services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to amend the contract with Kelly Fitch, PHN for the provision of part time nursing services for both Public Health and Community Services, for the period September 1, 2006 through December 31, 2006, at the hourly rate of $22.00, not to exceed $20,000, subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 119 Vote: 8-0. RESOLUTION NO. 297 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT WITH FLOWERS FOR EARLY INTERVENTION SERVICES FOR 2006 - 2007 - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for Children, and, WHEREAS Flowers is approved as a provider of teaching the blind and visually impaired, and WHEREAS, rates paid for Early Intervention services provided under this agreement 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 an ongoing agreement with Flowers for Early Intervention services, effective October 1, 2006 at rates established by the New York State Department of Health, 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. 298 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH FLOWERS FOR PRESCHOOL SERVICES FOR 2006 - 2007 - 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, Flowers is able to provide the related therapy services for children residing in Schuyler County, and WHEREAS, the rate for related therapy services will be $40.00 per 30 minute session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Flowers, for the provision of children’s preschool therapy services, effective September 1, 2006 through June 30, 2007, renewable annually, funding available in the Public Health budget, account 2960.400, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 299 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTURAL MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT WHEREAS, the county’s bridge, culvert and guiderail system is extensive, and WHEREAS, 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, work on these structures may require services from private firms to assist county forces, and WHEREAS, we have term agreements in place for engineering services to develop plans and design any needed repairs. NOW, THEREFORE, BE IT RESOLVED, that 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. RESOLUTION NO. 300 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR CENTRAL GARAGE EXPENSES – HIGHWAY DEPARTMENT WHEREAS, there is a need for additional funds to maintain Central Garage, and WHEREAS, there are funds available in the Machinery account no. 5130.538. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,850.00 from Machinery account no. 5130.538 to Central Garage accounts as listed below: AMOUNT ACCOUNT NO. DESCRIPTION $1,000.00 1640.526 Fuel ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 120 $ 925.00 1640.527 Repairs $ 925.00 1640.438 Supplies Vote: 8-0. RESOLUTION NO. 301 Motion by Bingell, Second by Yuhasz. RE: RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT WHEREAS, a Project for the Bridge Replacement CR 06 over Taughannock Creek, Schuyler County, PIN 6753.25 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the 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 3332490, CR 06 over Taughannock Creek, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the above- subject project, and BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design, Right-of-Way Incidental work, and Construction work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $915,170 is hereby appropriated in the 2006 budget, account numbers 5020.400 and 5120.569 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 Chairperson 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 and state-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. 302 Motion by Bingell, Second by Yuhasz. RE: RESOLUTION AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT WHEREAS, a Project for the Bridge Replacement CR 05 over Tug Hollow Creek, in Schuyler County, PIN 6753.48 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the 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 3332370, CR 05 Tug Hollow Road over Taughannock Creek, Schuyler County. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 121 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the above-subject project, and BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design, Right-of-Way Incidental work, and Construction work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $718,600 is hereby appropriated in the 2006 budget, account numbers 5020.400 and 5120.524 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 Chairperson 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 and state-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. 303 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CHANGE ORDER NUMBER ONE WITH EDGER ENTERPRISES FOR THE SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 183-06 authorized a contract with Edger Enterprises for the Seneca Harbor Park Phase III construction work for a total contract price of $535,000, and WHEREAS, the county is in receipt of the contractors proposal to relocate one parking lot lamp post base, so as not to impede marine operations, and WHEREAS, the Public Works Committee has reviewed the referenced change order in the amount of $900 and recommends authorization thereof, and WHEREAS, funding is available in capital reserve account no. 004-1620-209 for said change order. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to approve Edger Enterprises Change Order No. 1 proposal at a cost of $900, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 304 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN AGREEMENT WITH ALLEN ROTTO CONSULTANTS, INC. TO PERFORM A TELEPHONE SERVICE AUDIT – BUILDINGS AND GROUNDS WHEREAS, Allan Rotto Consultants, Inc. will audit the last six years of Schuyler County’s phone service for errors in billing, and WHEREAS, the fee for said services is based on a percentage of billing errors and service reduction credits or refunds found. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with Allan Rotto Consultants, Inc to provide a phone service audit for the county telephone system, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 305 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2006 AUTHORIZING A LEASE PERIOD IN EXCESS OF COUNTY LAW §215 TERM LIMIT ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 122 WHEREAS, Local Law Intro. No. 4/Local Law No. 4 of the Year 2006 Authorizing a Lease Period in Excess of County Law §215 Term Limit was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held September 11, 2006 at 7:00 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 2006, 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 2006, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 4 OF THE YEAR 2006 A local law authorizing a lease period in excess of County Law §215 term limit. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1 Short Title. This local law shall be known by its short title: “AUTHORIZE LEASE / CL§215. SECTION II Purpose. 2. The purpose hereof shall be to authorize the County of Schuyler to enter into a lease of real property for whatever term the contracting parties may find mutually acceptable. 3. Parties. The county may enter a lease or lease/option agreement with any lawfully constituted entity, public or private, to include a Local Development Corporation formed under §1411 of the Not-For- Profit Corporations Law. SECTION III Conditions. Acting in accordance with this local law, the Schuyler County Legislature shall be empowered to enter into a real property lease, including lease-option agreements for terms in excess of five years. 2 All conditions and provisions of such leases shall be determined by negotiation and mutual agreement of the Lessor and Lessee. SECTION IV Funding. Lease funding: The Schuyler County Legislature is hereby authorized to expend funds in pursuance of the object of this local law and to budget accordingly and to commit funds for a lease deposit, other transaction costs and acquisition costs. SECTION V Lease Provisions. The provisions of any lease authorized hereby shall be jointly reviewed and approved by the Schuyler County Administrator, the Schuyler County Attorney and counsel for the LDC or other contracting entity. SECTION VI Severability. If any portion of this law shall be declared invalid by a court of competent jurisdiction the remaining sections shall remain in full force and effect. This local law shall be effective immediately upon filing with the Secretary of State Vote: 8-0. RESOLUTION NO. 306 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AN AGREEMENT WITH WEBSTER SZANYI, LLP FOR LEGAL SERVICES – COUNTY ATTORNEY WHEREAS, Schuyler county is a named defendant in a federal lawsuit being pursued by private plaintiffs under the Help America Vote Act against numerous states and counties, and WHEREAS, the firm of Webster Szanyi, LLP is representing over twenty New York Counties at minimal cost in this specialized litigation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Attorney is hereby authorized to enter into a retainer agreement for services under the terms and conditions set out in a letter dated August 21, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 123 2006 from Jeremy A. Colby and to engage in all activities necessary to the pursuit of this litigation. Vote: 8-0. MOTION by Legislator Bleiler to withdraw the County Clerks Resolution, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. RESOLUTION NO. W/D Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT AMENDMENT WITH IRON MOUNTAIN FOR RECORDS STORAGE – COUNTY CLERK - WITHDRAWN RESOLUTION NO. 307 Motion by Karius, Second by Larison. RE: AUTHORIZE A LEASE AGREEMENT FOR ELECTION POLLING SITES – BOARD OF ELECTIONS WHEREAS, the Federal Help America Vote Act (HAVA) has consolidated election activity at the County level, and WHEREAS, it is necessary to enter leases for all non municipal polling places. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into such leases for polling places as the Board of Elections shall advise upon such terms and conditions; subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 308 Motion by Karius, Second by Larison. RE: AUTHORIZE APPOINTMENT OF THE INFORMATION TECHNOLOGY DIRECTOR WHEREAS, Resolution No. 234-06 authorized the creation of an Information Technology Director position, and WHEREAS, it is the recommendation of the County Administrator that Loren M. Cottrell be appointed to said position effective January 1, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Loren M. Cottrell as the full-time Information Technology Director position with an annual salary of $65,000. Vote: 8-0. RESOLUTION NO. 309 Motion by Karius, Second by Larison. RE: DENY APPLICATION FOR REFUND OF REAL PROPERTY TAXES – STOUDT - TOWN OF TYRONE – REAL PROPERTY TAX WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcels owned by Rose Stoudt in the Town of Tyrone, and WHEREAS, the property owner has alleged that discrepancies exist on the tax map that have resulted in erroneous assessments on the roll, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that no discrepancy exists on the tax map, and WHEREAS, it is the recommendation of the Director and the Governmental Operations Committee that the application be denied. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby denied. Vote: 8-0. RESOLUTION NO. 310 Motion by Bingell, Second by Larison. RE: AUTHORIZE AND APPLICATION FOR THE REAL PROPERTY TAX ADMINISTRATION TECHNOLOGY IMPROVEMENT PROGRAM GRANT – REAL PROPERTY TAX WHEREAS, the County of Schuyler is submitting a request for grant funds, where the maximum award amount is $110,000, from the New York State Office of Real Property Services for a project to improve the administration of the real property tax, and WHEREAS, the grant application must be submitted no later than October 6, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on behalf of the County of Schuyler to sign the grant application, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts or agreements between the County of Schuyler and any third party subcontractor necessary to complete the above named Project, subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 124 Vote: 8-0. RESOLUTION NO. 311 Motion by Bingell, Second by Larison. RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWNS TO PROVIDE COUNTY WIDE ASSESSING SERVICES – REAL PROPERTY TAX – AS AMENDED BY RESOLUTION NO. 290-07 WHEREAS, the County of Schuyler and its municipalities are empowered to enter into joint service contracts pursuant to Article five-G of the General Municipal Law, and WHEREAS, various towns have expressed an interest in contracting with the county for the provision of assessing services pursuant to Real Property Tax Law Section 1537. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute contracts with Schuyler County municipalities wishing to enter into the above named contractual arrangement for the term of on or after January 1, 2007 through December 31, 2013, at an annual fee per parcel, subject to approval by the County Attorney. DISCUSSION: Legislator Bleiler asked for clarification about the County Wide Assessment. He wanted to know if the Towns that were going to be involved were only ones that give consent. Administrator O’Hearn replied that the County will be authorizing the Towns to sign agreements once they determine it is in their best interest to participate. Vote: 8-0. RESOLUTION NO. 312 Motion by Bingell, Second by Larison. RE: RESOLUTION SUPPORTING THE COMPLETION OF THE CATHARINE VALLEY TRAIL WHEREAS, upon its completion, the Catherine Valley Trail (the “Trail”) will be a 12-mile accessible multi-use trail linking Watkins Glen to Horseheads providing an outlet for healthier lifestyle for local residents and tourists while providing a window on the rich history of the area, and WHEREAS, a Tourism Development Plan, completed in 2000, documented that the Trail will also have a significant economic impact on the Schuyler County and Chemung County area with many of the visitors to our region using the Trail, staying for meals, needing hotel accommodations, and making extra purchases, resulting in an annual local economic impact of $2.4 million dollars, and WHEREAS, the Trail, originally scheduled to be completed in 2001, has only been completed from Watkins Glen in Schuyler County to Millport in the County of Chemung, and WHEREAS, the Trail remains undeveloped from the Village of Montour Falls north to Watkins Glen State Park and from the Village of Millport south to Wygant Road, despite construction of a bridge over New York State Route 14 in the Town of Veteran, Chemung County, and WHEREAS, the Trail is already an important asset for local residents and visitors, and WHEREAS, a significant amount of federal funds have already been allocated to the Trail, and WHEREAS, the full economic impact of the Trail will not be realized until it is completed, and WHEREAS, there is no specific completion schedule for the Trail in place, and WHEREAS, the completion of this Trail will serve as a tourist, recreation and historic avenue through a beautiful part of New York State. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support the completion of the Trail, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the State of New York to allocate the necessary resources or institute the needed procedures to allow for the completion of the trail by December 31, 2007, and BE IT FURTHER RESOLVED, that the clerk of the Legislature be and she hereby is authorized and directed to forward a certified copy of this Resolution to the Chemung County Chairman, the Town of Dix Supervisor, the Village of Montour Falls Mayor, and the Village of Watkins Glen Mayor, James Howell as the Finger Lakes State Park and Historical Preservation Commission Representative, Governor George Pataki, Commissioner Bernadette Castro, Congressman John R. Kuhl, Jr., Senator George H. Winner, Jr., and Thomas F. O’Mara. Vote: 8-0. RESOLUTION NO. 313 Motion by Larison, Second by Bingell. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 125 RE: AUTHORIZE AMENDING THE 2006 COUNTY BUDGET FOR THE BIOTERRORISM GRANT - PUBLIC HEALTH WHEREAS, Resolution No. 325-05 established the budget for the 2005-2006 Bioterrorism grant, and WHEREAS, planned expenditures of the grant monies have changed and these changes necessitate amending the original budget. NOW, THEREFORE, BE IT RESOLVED, that the Legislature authorizes the County Treasurer to amend the 2006 Public Health budget as follows: ORIGINAL AMOUNT CHANGE NEW AMOUNT ACCOUNT NO./DESCRIPTION $ 4,031 2,214 $ 6,245 4010.100-4028 Personnel $ 1,399 768 $ 2,167 4010.489-4028 Fringe Benefits $ 16,000 - $16,000 $ 0 4010.200-4028 Equipment $ 53,570 + $13,018 $66,588 4010.400-4028 Contractual $75,000 $75,000 TOTAL Vote: 8-0. RESOLUTION NO. 314 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH HUMAN SERVICE DEVELOPMENT - COMMUNITY SERVICES WHEREAS, Resolution No. 329-05 authorized a contract renewal with Human Service Development for emergency planning coordination services in an amount not to exceed $27,500 for the period from September 1, 2005 through August 31, 2006, and WHEREAS, additional services are required under this agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2005-2006 agreement with Human Services Development for emergency planning coordination services, increasing the amount of the contract by $1,100 to an amount not to exceed $28,600, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030, with no local share cost, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 315 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWAL WITH THE CENTER FOR ROCHESTER’S HEALTH, UNIVERSITY OF ROCHESTER - PUBLIC HEALTH WHEREAS, Bioterrorism Planning continues to be required by the New York State Department of Health, and WHEREAS, the Center for Rochester’s Health, University of Rochester has been selected as the regional provider of surveillance and epidemiology services required as part of the Bioterrorism Plan, and WHEREAS, the Schuyler County Public Health Department’s share for these services will be $14,557. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with the Center for Rochester’s Health, University of Rochester for the provision of surveillance and epidemiology services at an amount not to exceed $14,557 effective September 1, 2005 though August 31, 2006, funds available in the Public Health Bioterrorism Grant budget, account no. 4010.400-4030 with no local share cost, subject to the approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 316A Motion by Bleiler, Second by Larison. RE: MOTION TO AMEND RESOLUTION NO. 316 BE IT RESOLVED, that Resolution no. 316 be amended to add the following four names to the list: Shirley Callahan Gary Herzig Katharine Lotz Virginia A. Cady Vote: 8-0. RESOLUTION NO. 316 Motion by Bleiler, Second by Larison. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – AS AMENDED ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 126 WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act (HAVA 2002) certain election functions are to be consolidated at the county level, and WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and acknowledged by the County Legislative Body by resolution, and WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of six individuals to be appointment 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, 2006 through July 14, 2007: Elizabeth Biggers Carol Cooke Grace Stratton Elizabeth Hollis Gertje Turk Lisa Orr Shirley Callahan Gary Herzig Katharine Lotz Virginia A. Cady Vote: 8-0. RESOLUTION NO. 317 Motion by Bleiler, Second by Larison. RE: AMEND RESOLUTION NO. 200-06 – TITLED “AUTHORIZE INTERMUNICIPAL AGREEMENT FOR CHARGEBACK OF ELECTION EXPENSES WITH ALL EIGHT TOWNS PURSUANT TO ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW AND THE HELP AMERICA VOTE ACT (HAVA 2002)” WHEREAS, Resolution No. 200-06 is intended to be an ongoing agreement with the towns. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 200-06 be amended to have the last Be It Further Resolved clause now read as follows: “BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an ongoing intermunicipal agreement with all eight towns effective immediately.” Vote: 8-0. RESOLUTION NO. 318 Motion by Bleiler, Second by Larison. RE: AUTHORIZE AMENDING THE FOOD BID PROCEDURE – PURCHASING WHEREAS, Resolution No. 269-97 authorized the Purchasing Department to compile actual bids for the food and milk needs on a continual basis, in both cases to satisfy the bi-yearly and yearly bidding procedures, and WHEREAS, it is the recommendation of the County Administrator and the Purchasing Specialist to change this relative to the food bids and bid them on a three month period. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby direct the Clerk of the Legislature to advertise food bids as needed, and the Purchasing Specialist to compile the actual bids for the food needs on a continual basis to satisfy the quarterly bidding procedure. Vote: 8-0. RESOLUTION NO. 319 Motion by Bleiler, Second by Larison. RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF DIX, THE VILLAGE OF WATKINS GLEN AND THE WATKINS GLEN CENTRAL SCHOOL DISTRICT WHEREAS, the Wal-Mart real estate business trust has commenced a real property assessment revision in the Supreme County, Schuyler County, and WHEREAS, assessment reduction as a result of litigation would adversely affect all real property tax jurisdictions deriving taxes therefrom. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an inter-municipal agreement with the other taxing jurisdictions involved, the Town of Dix, the Village of Watkins Glen and the Watkins Glen Central School District, for the purpose of cost savings and common defense to be provided by the firm of Davidson and O’Mara, Elmira, NY. Vote: 8-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 127 RESOLUTION NO. 320 Motion by Larison, Second by Bingell. RE: MOTION TO BRING ONE RESOLUTION TO THE FLOOR BE IT RESOLVED, that one Resolution be brought to the floor. Vote: 8-0. RESOLUTION NO. 321 Motion by Bingell, Second by Larison. RE: AUTHORIZE AMENDMENT TO THE AGREEMENT WITH NELSON/NYGAARD FOR TRANSIT NEEDS ASSESSMENT SERVICES WHEREAS, there is a need for additional services to perform an adequate transit needs assessment by Nelson/Nygaard Consulting Associates, Inc., and WHEREAS, said additional services shall increase the agreement from $36,911 to $46,028. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the agreement with Nelson/Nygaard in the amount not to exceed $46,028 for additional services for the transit needs assessment, funding available in the 2006 budget in account no. 5630.400-5630- Transit Needs to pay for said amendment, subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Fagan stated that the Resolution was needed because of the increased amount for the agreement. This has been increased because of additional services that will be provided and will be covered by a grant for the study. Vote: 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Chairman Gifford reminded Legislators that the Local Law Intro. No. 3 of the Year 2006 Providing for Partial Exemption from Taxation by the County of Schuyler of Real Property Receiving the Infrastructure Exemption, Section 485-g of the Real Property Tax Law of the State of New York, will be on the agenda next month because it is still on the table from last month’s meeting. REPORT ON STANDING COMMITTEES: Legislator Fagan reported that there was a Press Conference this morning on the new Watkins Glen Hotel Project, which is going to start next month. He also reported that there will be a ball room in the Hotel that will be able to accommodate 300 people and the room will have 17 foot ceilings, with dividers for conference space. This project will help extend the tourist season for this area. The total budget is in excess of 14 million dollars. This is a major event for Schuyler County. The foundation will be put in the ground this year and construction will start next year. The plan will be to open in the year 2008 and staff training will occur prior to that. Then they will be ready for the tourist season in 2008. The Hotel plans to eventually employ 60 or more full-time people. This will be a huge plus for the area in the future and will compliment Schuyler County nicely with the race track, wineries and lakefront. This is not a franchise but an independent operation. He feels the Hotel will offer a lot of amenities and will be a first class operation. Legislator Fagan also reported that tonight at 7:30 p.m., there will be a kick off meeting for the public transportation study. This first meeting will be primarily with the stakeholders and the consultant, but over the next few days there will be additional meetings with various agencies and interested individuals. The goal is to identify the unmet transportation needs for the area. Then to implement steps to address the unmet transportation needs. This study is being supported from the state for financing and the Committee includes expertise from the State sitting on the advisory committee. The completion of the study will be during the first quarter of next year. COUNTY ADMINISTRATOR’S REPORT: Timothy O’Hearn reported that he recently provided an article for the Odessa File website. In the article he reported on grant funding that has been received by the county. He provided an additional update to the Board. He stated that there was good news on the funds received, but also bad news that the County did not get the funding for the shared records facility. They will re-submit for the next round of applicants. He feels the next round would be a possibility with the excellent proposal and he will be working on getting that ready for applying. He reported that Budget meetings have started and the goal is to define the line item budget and work on the performance measures and outcomes. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 128 He also wanted to recognize Legislator Fagan’s work with the Transportation Committee and study. Also acknowledge the work that the Clerk, Stacy Husted and Deputy Clerk, Sharlene Parker had provided in coordinating all the meetings with the Consultant. He invited the audience and public to stay for the following Transportation Study Meeting. He then provided an update on the County Wide Assessment. He and the Real Property Director, Thomas Bloodgood were invited to the Town of Reading and Tyrone to provide presentations on the assessment. The County is moving forward with the implementation. He has met with the assessors from all of the Towns and they are all enthusiastic and support this initiative. PUBLIC PARTICIPATION: None. MOTION by Legislator Larison to go into Executive Session to discuss Real Estate Acquisition, SECOND by Legislator Bleiler. Motion carried eight ayes to zero noes. MOTION by Legislator Slusser to come out of executive session, SECOND by Legislator Bingell. Motion carried eight ayes to zero noes. The Meeting adjourned at 7:40 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING OCTOBER 10, 2006 The October 10, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator, Karius who was absent. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 322 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE SEPTEMBER 11, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the September 11, 2006 Regular Meeting of the Schuyler County Legislature be approved. Vote: 7-0. RESOLUTION NO. 323 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE STOP DWI PLAN FOR 2007 – SHERIFF’S DEPARTMENT 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 2007 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: 7-0. RESOLUTION NO. 324 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE INTERGOVERNMENTAL AGREEMENT WITH THE OFFICE OF NEW YORK STATE EMERGENCY MANAGEMENT OFFICE (“SEMO”) – EMERGENCY MANAGEMENT WHEREAS, there is a need to facilitate a quick response to the mutual aid requests either arising from a natural disaster, technological hazard, man-made disaster, civil emergency aspects of resource shortages, community disorders, insurgency or enemy attack, and WHEREAS, this agreement sets forth the duties and responsibilities of the New York SEMO, with respect to the use of Schuyler County employees and resources for the purposes of the Emergency Management Assistance Compact (EMAC). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign Intergovernmental Agreement for Local Deployment pursuant to the Emergency Management Assistance Compact with the Office of New York SEMO, subject to approval by the Schuyler County Attorney. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 129 Vote: 7-0. RESOLUTION NO. 325 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE AN AGREEMENT ACCEPTING STATE AID FOR LEVEL III SEX OFFENDERS- PROBATION DEPARTMENT WHEREAS, the New York State Division of Probation and Correctional Alternatives has agreed to provide up to $4,000 annually for each Level III Sex Offender on Probation as State Aid for efforts and work entailed by the Schuyler County Probation Department, and WHEREAS, in order to receive said State Aid, it is necessary that the County of Schuyler execute a Letter of Agreement to perform certain enumerated duties which the Probation Department is prepared to meet. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an Agreement to accept State Aid, up to $4,000, for said work on Level 3 Sex Offender cases, subject to approval by the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 326 Motion by Larison, Second by Bingell. RE: AUTHORIZE A MAINTENANCE AGREEMENT WITH STERLING SOLUTIONS, INC. FOR THE VETERAN INFORMATION MANAGEMENT SYSTEM (VIMS) – VETERANS SERVICES WHEREAS, there is a need for maintenance services to be provided to the Veterans Services Agency for its VIMS System. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Sterling Solutions, Inc. for the Veterans Services Agency for maintenance services for the term October 1, 2006 through September 30, 2007, funding available in the 2006 budget account no. 6510.435; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 327 Motion by Larison, Second by Bingell. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2007 AND RELATED CONTRACTS WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Youth Board has approved a Resource Allocation Plan for the year 2007 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 2007 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension Catholic Charities of the Southern Tier Council on Alcoholism of the Finger Lakes Region Community Dispute Resolution Center Vote: 7-0. RESOLUTION NO. 328 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASING THE HOURS OF THE INSURANCE COUNSELING COORDINATOR POSITION TO FULL-TIME – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging serves clients through the Health Insurance Information, Assistance and Counseling Program (HIICAP) and the Long Term Care Insurance Education and Outreach Program (LTCIEOP) in regards to Medicare, Medicaid, retirement health insurance benefits, EPIC, private health insurance policies, Long Term Care Insurance, and social security, and WHEREAS, currently the Insurance Counseling Coordinator position is part-time, 20 hours a week , and WHEREAS, the LTCIEOP guidelines state, “Each Long Term Care Insurance Resource Center shall be responsible for providing a sufficient number of staff positions (including volunteers) necessary to provide and carry out the services of the LTCIEOP, provided that at least one position shall be filled by an individual who is employed full-time and paid by the area agency on aging.”, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 130 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the increase of the Insurance Counseling Coordinator position from 20 hours a week part-time to 35 hours a week full-time at the Civil Service grade level XIII with the beginning pay of $13.58 per hour, effective immediately. Vote: 7-0. RESOLUTION NO. 329 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASE IN THE ADOPTION SUBSIDY RATE – SOCIAL SERVICES WHEREAS, the Legislature approved increasing the County foster care rates in July 2006, and WHEREAS, the adoption subsidy contracted rates are controlled by the agency foster care rates and must increase as foster care rates increase, and WHEREAS, an oversight resulted in the absence of the adoption subsidy rate being included in the resolution increasing the foster care rates, and WHEREAS, the increase in the adoption subsidy rates will be approximately $18.45 per diem or $6,754 for 2007, and WHEREAS, the adoption subsidy rates are reimbursed (per child) at no less than 75% (some at 87½%), and the impact of said increases to the County is small. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be hereby authorized to increase the adoption subsidy rates to the contracted amount from the department’s budget effective January 1, 2007, funding available in the Department’s budget, account no. 6119.400-Child Care. Vote: 7-0. RESOLUTION NO. 330 Motion by Larison, Second by Bingell. RE: AUTHORIZE INCREASE IN MEDICAID TRANSPORTATION REIMBURSEMENT RATE – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services is required under certain circumstances to reimburse Medicaid recipients for cost of medical transportation, and WHEREAS, the average operating costs calculated by the American Automobile Association is $0.15/mile for 2006, and WHEREAS, the Department wishes to update its medical transportation policy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be hereby authorized to reimburse mileage for Medicaid recipients with prior approval at a rate of $0.15/mile effective January 1, 2007, funding to be included in the Social Services 2007 budget, account no. 6010.395. Vote: 7-0. RESOLUTION NO. 331 Motion by Larison, Second by Bingell. RE: ADOPT POLICY GUIDELINES FOR IMPLEMENTATION OF BREAST CANCER SCREENING LEAVE TIME WHEREAS, the Governor has signed into law a bill mandating that all counties provide four hours of leave time per year to public employees for the purposes of breast cancer screening (Chapter 566 of the Laws of 2006). NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the follow Policy Guidelines for implementation of Chapter 566 of the Laws of 2006, effective September 15, 2006: Breast Cancer Screening Leave Time Policy Guidelines  Each January 1, any county employee is eligible for up to four hours of Breast Cancer Screening Leave time, which shall be paid. The leave time is not accumulative and cannot be carried forward to the next year if unused.  This paid time off is in addition to existing negotiated paid leave provisions.  The time allotted for breast cancer screening leave includes travel time to and from the appointment and any subsequent follow-up consultation visits.  Any time taken for this purpose above and beyond four hours is chargeable to other leave credits.  Time off shall be granted within regular working hours.  An employee should follow their departmental procedure for requesting time off. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 131  Department Administrators shall direct an employee to report to Human Resources with a doctor’s statement, receipt issued by the clinic, etc. as proof that screening has occurred.  Time off shall be reported on time cards as “Administrative Leave”. Department Administrators will be responsible for ensuring time off is within the four hour limit.  Any medical documentation filed with the Human Resources Department shall be kept confidential. Vote: 7-0. RESOLUTION NO. 332 Motion by Bingell, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY – CONFIDENTIAL SECRETARY TO THE COUNTY ADMINISTRATOR BE IT RESOLVED, that this Legislature acknowledge the appointment by Timothy O’Hearn, County Administrator of Peggy Tomassi as Confidential Secretary to the County Administrator at an annual salary of $32,000 effective October 23, 2006, Grade D, in the Management/Confidential Salary Plan. Vote: 7-0. RESOLUTION NO. 333 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH ALL-MODE COMMUNICATIONS FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDINGS AND GROUNDS WHEREAS, it is necessary to protect the telephone system investment with appropriate service and maintenance, and WHEREAS, All-Mode Communications provides technical support and warranty replacement guarantees for Schuyler County’s telephone systems, and has provided this service in the past, and WHEREAS, an additional contract has been added to also cover the equipment at the Rural Urban Center in Montour Falls, and WHEREAS, the cost of these services are as follows: LOCATION SERVICE AND SUPPORT PLAN BUSINESS DAY – RATE County Office Complex Premium Economy $669.00 Rural Urban Center (Youth Bureau, Families First, and Watershed). Service and Support Plan $83.50 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a renewal contract with All Mode Communications to provide service and support for the county telephone system for the period of January 1, 2007 through December 31, 2007, at a total cost of $9,030.00, funding available in account no. 1610.400; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 334 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, the Fire Alarm Testing and Maintenance agreement expires December 31, 2006, and WHEREAS, it is the recommendation of the Building Maintenance Supervisor that advertising for bids for the Fire Alarm Testing and Maintenance be done for another period of three years. NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby authorized to advertise for said bids. Vote: 7-0. RESOLUTION NO. 335 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AMENDED LICENSE AGREEMENT WITH THE VILLAGE MARINA FOR TEMPORARY WINTER BOAT STORAGE AT SENECA HARBOR PARK – BUILDINGS AND GROUNDS WHEREAS, the winter boat storage area at Seneca Harbor Park has been blacktopped this year, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 132 WHEREAS, Hunt Engineers, Architects and Surveyors have reviewed the area and made recommendations on how to store the boats in order to leave little or no deformations in the paving, and WHEREAS, some minor boat restorations such as scraping and painting are done during storage for which protective measures are needed. NOW, THEREFORE, BE IT RESOLVED, that the following shall be added to the Winter Boat Storage License Agreement to be renewed for the term October 15, 2006 through June 15, 2007: 10. The attached e-mail memo from Hunt Engineers, Architects and Surveyors dated June 6, 2006 stating the applied loading recommendations, shall be used for all boats stored on the blacktop. 11. The blacktop shall be protected from damage and disfigurement while any minor boat repairs are being made, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the amended License Agreement with Guy A. and Michael J. Schamel, d/b/a Village Marina, for seasonal boat storage needs of marina customers; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 336 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO PURCHASE TREES FOR SENECA HARBOR PARK IN COLLABORATION WITH THE VILLAGE OF WATKINS GLEN – BUILDINGS AND GROUNDS WHEREAS, there are grant funds available from the New York State Department of Environmental Conservation (NYSDEC) to purchase trees, and WHEREAS, there is currently an Inter-Municipal Agreement between Schuyler County and the Village of Watkins Glen, and WHEREAS, it is in the best interest of the County to apply in partnership with the Village of Watkins Glen. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a grant application with 50% matching funds in an amount not to exceed $7,500, and upon approval of said request to enter into and execute a project agreement with the NYSDEC for such financial assistance to Schuyler County for Seneca Harbor Park and Franklin Street; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 337 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FROM SNOW REMOVAL TO MAINTENANCE – HIGHWAY DEPARTMENT WHEREAS, there is a need for additional funds for road maintenance, and WHEREAS, there are funds available in the Snow Removal account no. 5142.438-Snow Removal. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $16,000 from account no. 5142.438- Snow Removal to the following accounts: AMOUNT ACCOUNT NO. DESCRIPTION +$2,000.00 5110.512 Limestone +$2,500.00 5110.518 Gravel +$1,800.00 5110.517 Pipe +$3,500.00 5110.510 Rentals/Other +$6,200.00 5110.511 Asphalt Vote: 7-0. RESOLUTION NO. 338 Motion by Bingell, Second by Yuhasz. RE: ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR REMOVAL OF COON HOLLOW BRIDGE – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that the Coon Hollow Bridge needs to be removed, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 133 WHEREAS, Hunt Engineers has proposed engineering services to include preparation of contract documents and specification packages for this bridge removal and bank stabilization for $7,150.00; funding to be included in 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the proposal price of $7,150.00 for engineering services from Hunt Engineers for the Coon Hollow bridge removal and stream bank stabilization, and BE IT FURTHER RESOLVED, that the Chairman of Legislature be hereby authorized to sign the Proposal Agreement; subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. W/D Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE TWO-YEAR AGREEMENTS WITH HUNT ENGINEERS, FISHER ASSOCIATES AND BARTON & LOGUIDICE FOR MISCELLANEOUS ENGINEERING SERVICES – HIGHWAY DEPARTMENT - WITHDRAWN BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term agreements with Hunt Engineers, Fisher Associates and Barton & Loguidice for various engineering services for the County Highway Department for the term July 1, 2006 through June 30, 2008; said agreements subject to the approval of the Schuyler County Attorney. RESOLUTION NO. 339 Motion by Bingell, Second by Yuhasz. 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. 299-06 authorized the Highway Superintendent to advertise for bids for said projects, and WHEREAS, bids were opened October 5, 2006 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 $66.00 $66.00 Journey Man Carpenter 65.00 65.00 Iron Worker 69.75 69.75 Laborer 59.00 59.00 Equipped Field Truck 21.00 21.00 15 Cu. Yd. Dump Truck 70.00 70.00 15,000 lb. Crawler Dozer 100.00 100.00 30,000 lb. 3 yd. Wheeled Loader 100.00 100.00 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 October 1, 2006 through September 30, 2007; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED that all other bids received be hereby rejected, with a note of appreciation for their participation. Vote: 7-0. RESOLUTION NO. 340 Motion by Bingell, Second by Yuhasz. RE: ACCEPT PROPOSAL FOR ENGINEERING SERVICES FROM HUNT ENGINEERING FOR FINAL DESIGN SERVICES OF CR-23 CULVERT – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for final design services for the replacement of a culvert on County Road 23, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 134 WHEREAS, Hunt Engineering has proposed services to include final design revisions and preparation of contract documents and specification packages of the CR-23 culvert that will replace the existing culvert. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature accepts the proposal price not to exceed $4,950, funding to be included in the County Road 2007 budget account no. 5020.400; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 341 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE A GRANT APPLICATION TO THE ENVIRONMENTAL PROJECTION FUND ARTICLE 17-14 ENVIRONMENTAL CONSERVATION LAW NONAGRICULTURAL NON- POINT SOURCE PROJECTS – HIGHWAY DEPARTMENT WHEREAS, Schuyler County, herein called the “Municipality”, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project, and WHEREAS, the Environmental Conservation Law (ECL) Article 17-14 authorizes State assistance to municipalities by means of a contract; and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature, 1. That the Chairman of the Schuyler County Legislature or such person’s successor in office, is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance, and 2. That the municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s field work within twelve (12) months of written approval of its application by the Department of Environmental Conversation, and 3. That one certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Payments, and 4. That this resolution take effect immediately. Vote: 7-0. RESOLUTION NO. 342 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 MENTAL HEALTH BUDGET FOR MEDICAID FUNDING - COMMUNITY SERVICES WHEREAS, the New York State Office of Mental Health has provided $1,500 ($500 per case manager) for training of Intensive and Supportive Case Managers, funded by fee for service Medicaid revenue, and WHEREAS, this amount was inadvertently omitted from the 2006 Mental Health Budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Mental Health budget as follows: AMOUNT ACCOUNT DESCRIPTION +$1,500 4310-1620 Mental Health Fees +$1,500 4310-0440 Travel Vote: 7-0. RESOLUTION NO. 343 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH HEALTH RESEARCH INC. AND ESTABLISH THE 2006 - 2007 BIOTERRORISM GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s annual Bioterrorism grant will be $75,000 for the period August 31, 2006 through August 30, 2007, and WHEREAS, Health Research Inc. will administer the grant on behalf of the New York State Department of Health for the period August 31, 2006 through August 30, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2006-2007 Bioterrorism Grant Budget as follows: ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 135 AMOUNT ACCOUNT NO. DESCRIPTION $ 6,245 4010.100-4033 Personnel $ 2,167 4010.489-4033 Fringe Benefits $66,588 4010.400-4033 Contractual $75,000 4010.4001-4033 Revenue, and 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. 344 Motion by Larison, Second by Bingell. RE: ESTABLISH 2006-2007 EARLY INTERVENTION/CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT - PUBLIC HEALTH – AS AMENDED BY RESOLUTION NO. 36-07 & 158-07 WHEREAS, New York State has divided the above grant into two separate contracts for Schuyler County’s Early Intervention/Children with Special Health Care Needs grant for the period October 1, 2006 through September 30, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2006 - 2007 Early Intervention/Children with Special Health Care Needs grant budget as follows: Children with Special Health Care Needs: AMOUNT ACCOUNT NO. DESCRIPTION $10,320 4010.100-4035 Personnel $3,587 4010.489-4035 Fringe Benefits $2,459 4010.400-4035 Contractual $0 4010.446-4035 Maintenance in Lieu of Rent $16,366 4010.4451-4035 Revenue Early Intervention: AMOUNT ACCOUNT NO. DESCRIPTION $16,076 4010.100-4036 Personnel $5,562 4010.489-4036 Fringe Benefits $6,705 4010.400-4036 Contractual $2,500 4010.446-4036 Maintenance in Lieu of Rent $30,843 4010.4451-4036 Revenue, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the grants, subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 345 Motion by Larison, Second by Bingell. RE: ACKNOWLEDGE APPOINTMENT OF CHIEF VOTING MACHINE CUSTODIAN BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 2006, to be paid $100 per election. Vote: 7-0. RESOLUTION NO. 346 Motion by Larison, Second by Bingell. RE: AUTHORIZE REAL ESTATE PURCHASE AND SALE AGREEMENT WHEREAS, the County of Schuyler has heretofore declared the need for consolidate county office space and has authorized exploration of various alternatives to accomplish that objective, and WHEREAS, by Resolution No. 271-06, this Legislature did authorize the creation of a Local Development Corporation (LDC) for the pursuit of said project and did simultaneously enact Local Law No. 4 of the year 2006 to effect transactions with the LDC, and WHEREAS, the Legislature has subsequently determined upon a different course of action for real estate acquisition involving the county as a direct participant in purchase negotiations, the latter course being financially beneficial to the taxpayers. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 136 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, acting in conjunction with the County Administrator and with the approval and support of the County Attorney’s Office, be and hereby are authorized to pursue a course of negotiation with Blackburne and Brown Mortgage Company, Inc., et al, of 4811 Chippendale Drive, Suite 101, Sacramento, CA. 95841, for the purchase of that tract or parcel of land located in the Village of Montour Falls, County of Schuyler, State of New York, fronting on NYS Rt. 14, commonly formerly known as the “Jamesway Building” and being the same premises conveyed to Blackburne and Brown Mortgage Company, Inc., et al, by Referee’s Deed dated June 29, 2005 and recorded in the Schuyler County Clerk’s Office in Liber 347 of Deeds at Page 748, all in accordance with the terms of an initial Purchase Offer as attached hereto; the negotiable terms of such Purchase Offer to be determined in Executive Session throughout the course of negotiations. Vote: 7-0. RESOLUTION NO. 347 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT 2006 TAX AUCTION BIDS – AS AMENDED BY RESOLUTION NO. 356-06 WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are three or more years delinquent in tax payments, and WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and such sale was conducted on September 30, 2006. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids to wit: BIDDER'S NAME: Harland Trenchard BIDDER'S ADDRESS: 4637 Cotton Hanlon Rd. Montour Falls, NY 14865 AMOUNT OF BID: $3,800.00 FORMER OWNER: Simonsen TAX MAP 87.-1-10.2 LOCATION: Montour BIDDER'S NAME: Steven E. Morseman BIDDER'S ADDRESS: 1822 Coon Hollow Rd. Beaver Dams, NY 14812 AMOUNT OF BID: $26,000.00 FORMER OWNER: TAX MAP 101.-1-22 LOCATION: Orange BIDDER'S NAME: Thomas Webster BIDDER'S ADDRESS: 658 Coon Hollow Rd. Beaver Dams, NY 14812 AMOUNT OF BID: $6,000.00 FORMER OWNER: Tyler TAX MAP 92.-2-56 LOCATION: Orange BIDDER'S NAME: Darlene Smith BIDDER'S ADDRESS: 4116 Pre Emption Rd. Himrod, NY 14842 AMOUNT OF BID: $7,900.00 FORMER OWNER: Gott TAX MAP 49.-1-36.2 LOCATION: Tyrone ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 137 BIDDER'S NAME: Thomas Webster BIDDER'S ADDRESS: 658 Coon Hollow Rd. Beaver Dams, NY 14812 AMOUNT OF BID: $1,300.00 FORMER OWNER: Schuyler County TAX MAP 102.05-1-18.1 LOCATION: Orange BIDDER'S NAME: William & Beth Meehan BIDDER'S ADDRESS: 2857 County Line Rd. Watkins Glen, NY 14891 AMOUNT OF BID: $6,200.00 FORMER OWNER: Cady TAX MAP 52.-1-15 LOCATION: Reading BIDDER'S NAME: Roy Webb BIDDER'S ADDRESS: 265 Newcomb Street New Beach, FL 32168 AMOUNT OF BID: $5,000.00 FORMER OWNER: Davis TAX MAP 86.08-1-70 LOCATION: Montour BIDDER'S NAME: Gerald & Debra C. Wright BIDDER'S ADDRESS: P.O. Box 43 Verona, VA 24482 AMOUNT OF BID: $36,500.00 FORMER OWNER: Boles TAX MAP 68.-1-34.2 LOCATION: Catharine BIDDER'S NAME: Patricia Dunbar-Tun BIDDER'S ADDRESS: 27 Hector Street Trumansburg, NY 14886 AMOUNT OF BID: $3,400.00 FORMER OWNER: Dickens TAX MAP 99.14-1-19 LOCATION: Catharine BIDDER'S NAME: Bert Gildersleeve BIDDER'S ADDRESS: 4135 Tichenor Road Hector, NY 14841 AMOUNT OF BID: $150.00 FORMER OWNER: Staples TAX MAP 65.13-4-8 LOCATION: Dix BIDDER'S NAME: Roy H. Webb BIDDER'S ADDRESS: 265 Newcomb Street ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 138 New Beach, FL 37168 AMOUNT OF BID: $1,250.00 FORMER OWNER: Trans Allied TAX MAP 44.19-1-12 LOCATION: Hector BIDDER'S NAME: Michael Grasso BIDDER'S ADDRESS: 636 Winsor Ave. Elmira, NY 14905 AMOUNT OF BID: $17,200.00 FORMER OWNER: Smith TAX MAP 33.05-2-3 LOCATION: Hector, and BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver and record such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. Vote: 7-0. RESOLUTION NO. 348 Motion by Bingell, Second by Larison. RE: RESOLUTION SUPPORTING A GRANT APPLICATION TO THE NEW YORK STATE DEPARTMENT OF STATE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM FOR A PAVEMENT MARKING TRUCK AND SUPPORT VEHICLE UNDER CATEGORY NUMBER TWO, SHARED HIGHWAY SERVICES INCENTIVE AWARDS WHEREAS, the Schuyler County Highway Department, the Steuben County Department of Public Works and the Yates County Highway Department all have an annual need to provide timely, cost efficient and high quality traffic control pavement markings on their respective County roads, and WHEREAS, the Schuyler County Highway Department, the Steuben County Department of Public Works and the Yates County Highway Department have agreed in principal to seek a grant to purchase a pavement marking truck and support vehicle that would be co-owned by all three Counties, and WHEREAS, the Steuben County Department of Public Works will be the lead applicant for the grant and if the grant is awarded, the pavement marking truck and support vehicle will be operated and maintained primarily by the Steuben County Department of Public Works, and WHEREAS, the Schuyler County Public Works Committee has agreed to support the necessary budget appropriations required to participate in the Shared Highway Services Incentive Awards program to purchase, operate and maintain a pavement marking truck and support vehicle, and WHEREAS, contingent upon approval of the Schuyler County Attorney, the Schuyler County Public Works Committee and the Schuyler County Legislature have agreed to participate in an Inter-Municipal Agreement with Steuben and Yates Counties to purchase, operate and maintain a pavement marking truck and support vehicle. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports a grant application by Steuben, Yates and Schuyler Counties to the New York State Department of State Shared Municipal Services Incentive Grant Program for the purchase of a pavement marking truck and support vehicle, and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Schuyler County Highway Superintendent, Steuben County Public Works Commissioner, Yates County Highway Superintendent, Yates County Administrator, Schuyler County Administrator and the Steuben County Administrator. Vote: 7-0. RESOLUTION NO. 349 Motion by Bingell, Second by Larison. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 139 RE: RESOLUTION IN OPPOSITION OF STATE MANDATES BEING IMPLEMENTED WITHOUT INPUT OR DISCUSSION AT THE COUNTY LEVEL WHEREAS, it appears that there are more and more State Mandates coming down from the State Legislature with no input or discussion from the local county governments, and WHEREAS, the most recent happens to be Assembly Bill A3467 and Senate Bill S5118 authorizing a maximum of four hours excused leave to undertake a screening for breast cancer for county employees. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes any future mandating on local county governments relative to county employees without input or discussion, and BE IT FURTHER RESOLVED, that this Resolution be certified and forwarded to Governor Pataki, Thomas F. O’Mara, and Senator George H. Winner, Jr. Vote: 7-0. RESOLUTION NO. 350 Motion by Bingell, Second by Larison. RE: MOTION TO BRING THREE ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three additional Resolutions be brought to the floor. Vote: 7-0. RESOLUTION NO. 351 Motion by Larison, Second by Bleiler. RE: RECOGNIZE NATIONAL BUSINESS WOMEN’S WEEK FROM OCTOBER 16 – 20, 2006 WHEREAS, the Watkins Glen Business and Professional Women’s Organization is celebrating its 66th Anniversary in one of the oldest and largest organizations for workingwomen in the world, and WHEREAS, workingwomen constitute 69 million of the nation's work force and strive to serve their communities, their states and their nation in professional, civic and cultural capacities, and WHEREAS, women-owned businesses account for 28 percent of all U.S. business, generating $1.2 trillion in sales, and WHEREAS, the major goals of Business and Professional Women/USA are to promote equality for all women and to help create better conditions for workingwomen 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, since 1928, Business and Professional Women/USA has been spotlighting the achievements and contributions of workingwomen during National Business Women’s Week. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes October 16th through October 20th as National Business Women’s Week® for the Watkins Glen Business and Professional Women’s Organization in Schuyler County. Vote: 7-0. RESOLUTION NO. 352 Motion by Larison, Second by Bleiler. RE: AUTHORIZE CONTRACT WITH PHILIP BARNES FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY WHEREAS, the current Investigator for the District Attorney’s Office has resigned, effective October 15, 2006, and WHEREAS, there is still a need for investigative services for the District Attorney’s Office as a result of the number of criminal cases pending in Schuyler County, and the District Attorney believes that an investigator enhances his ability to prosecute the extensive number of criminal offenses within Schuyler County, and WHEREAS, the District Attorney requests that a contract with Philip Barnes be executed for investigative services to the District Attorney’s Office, with compensation to be paid at an hourly rate of $27.77, for approximately 12 hours per week. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contact with Philip Barnes for investigative services to be provided to the District Attorney’s Office beginning October 16, 2006 through February 28, 2007, as long as grant funds are available; said contract with Philip Barnes is to include compensation at a hourly rate of $27.77, for approximately 12 hours per week, to be paid according to paragraph 6 of the contract. Said contract is subject to the approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 353 Motion by Larison, Second by Bleiler. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 140 RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2007 WHEREAS, a public hearing in respect to the 2007 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2007 County Budget be held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on November 13, 2006 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2007 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. DISCUSSION: Chairman Gifford asked if the date needed to be set now or could it wait until the Management and Finance Committee met? The Clerk stated that it needs to be set by Resolution. Administrator O’Hearn stated that November 20 or 21st date would work. Legislator Bleiler stated that if the Management & Finance Committee reviewed it next Wednesday, then 15 days later we could have the full Legislative review. Administrator O’Hearn said that at the normal Legislative Resolution Review Committee Meeting on November 8th it could be reviewed. The Clerk stated that last year there was one Legislative Committee meeting done prior to the review which was done prior to the Public Hearing. Legislative Slusser was told that we are well past that with almost 30 days at this point. Legislator Bleiler stated that it depends on how long the full Legislature wants to review portions of it but also added that he did not think there would much debate from what he had seen up to this point. Legislator Fagan asked about doing it on November 13th along with the Regular Board Meeting. He said they could also possibly adopt the budget after the Hearing at the Regular Board Meeting. Chairman Gifford recapped the ideas stating that after Management and Finance Committee on October 18th, the full Legislature will be ready to review the budget. Administrator O’Hearn agreed that November 13th would be fine for the public hearing. Chairman Gifford stated that he felt the 13th will work too. Legislator Fagan asked if the full Legislature would meet to review the budget? Chairman Gifford replied yes and it would be done by a Special Meeting being scheduled. Vote: 7-0. RESOLUTION NO. 354 Motion by Larison, Second by Slusser. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION WHEREAS, Section 485-g of the Real Property Tax Law of the State of New York provides for partial exemption of real property receiving the Infrastructure Exemption, and WHEREAS, Real Property Tax Law Section 485-g permits a county to adopt legislation to provide that partial exemption shall be applicable with respect to any real property receiving the Infrastructure Exemption. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2006 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, 2006 at 9:00 a.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Infrastructure Exemption. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure Exemption. SECTION 2: LEGISLATIVE AUTHORITY. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 141 This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Infrastructure Exemption Law. SECTION 4: REAL PROPERTY TAX EXEMPTION. A. Residential building lots which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of occupancy but in no event longer than three years from granting of the exemption herein, the exemption provided by this subdivision shall lapse. B. For purposes of this section infrastructure shall be comprised of the following public facilities which are intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential subdivision as noted on the filed plat plan for such residential subdivision. SECTION 5: APPLICATION PROCESS. A. Such exemption shall be granted only upon application by the owner of the real property on a form prescribed and made available by the office of real property services. The applicant shall file the information as required by the office of real property services. The application shall be filed with the assessor of the appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of such assessing unit and not later than one year from the date of completion of such construction, installation or improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective date of the local law or school district resolution providing that the exemption under this section shall be applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall be made within one year from the effective date of such local law or school district resolution. B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is entitled to an exemption pursuant to this section, the assessor shall approve the application and such real property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption entered in a separate column. SECTION 6: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 7: EFFECTIVE DATE. This Local Law shall take effect immediately. DISCUSSION: Attorney Coleman stated that the Legislature could reintroduce this local law and do another Public Hearing at this point. Legislator Bleiler inquired as to what sense it makes to be reintroducing it, if the Legislature did not want to do another hearing right away because it conflicts with the public hearing on budget next month at the November Regular Meeting. He also reminded Legislators that they had received a letter from the Agricultural & Farmland Protection District opposing it. Attorney Coleman said you could do an introduction and Public Hearing at the November 8th Legislative Resolution Review Committee (LRRC) meeting day because it is considered a public meeting. Chairman Gifford said that the date and a time of 9:00 a.m. on November 8th would work. The Legislative Clerk reminded them that the Professional Advisory Council would be making a presentation that morning also at 9:30 a.m. according to the agenda. Vote: 6-1. Bleiler No. NEW BUSINESS: None. UNFINISHED BUSINESS: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 142 Chairman Gifford reminded Legislators that Local Law Intro. No. 3 of the Year 2006, providing for Partial Exemption from Taxation by the County of Schuyler of Real Property, receiving the Infrastructure Exemption, Section 485-g of the Real Property Tax Law of the State of New York, is on the agenda for a second time from being placed on the table. Legislator Bleiler stated that Roberts Rules say that technically it is already dead and does not need to be addressed. The Clerk stated that it had been past practice for the Legislature to place the tabled Resolution on the regular agenda for two month. Additional discussion occurred to whether it should be reintroduced now or not. Also, additional discussion occurred regarding the Agricultural & Farmland Protections current stance on the proposed Local Law, if they were still opposing it or not. REPORT ON STANDING COMMITTEES: Legislator Bleiler provided an update on the SCT BOCES Board meetings that he has been attending. He stated that he has a concern that the State is not recognizing the Certified Educational Programs they offer. He is concerned that the State does not approve of them as being credible under their guidelines when individuals are applying for Pell Grant, etc. He will provide more information and updates later. Legislator Slusser provided an update on the Municipal Electric and Gas Alliance (MEGA) and the Towers that are being put in place for Communication. He received information on Tompkins County Towers and discussion occurred on what impact that would have on the Schuyler/Tompkins County borders if any. He also discussed the Tompkins County Windpower project that is being done by the County not by any Company. Legislator Bleiler inquired if MEGA has considered selling windpower? Legislator Slusser replied yes, but MEGA is quite small. They are however trying to encourage people to use windpower, florescent lights and overall conservation of energy. Legislator Fagan provided an update of the Transit Needs Assessment. There will be a Transportation Study open house tomorrow. An invitation to the general public has gone out asking them to attend anytime between 2:30-6:30 at the Watkins Glen Fire Station. The Consultant from Nelson/Nygaard will be there to talk to anyone about the study and is asking for input from the public. He also provided an update on the Hotel Project, by saying it will be starting officially next Monday. This will impact parking around the area. He also pointed out the Tourist season s slowing down so the parking should not be too much of an issue. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that by July 2007, the County should know the status of State Wide Network and everything seems to be moving forward. He also provided an update on the Shared Municipal Services Grant. The grant plan will soon be resubmitted to apply for funding for a joint records facility. The deadline for the application is October 23rd. We will be lowering the amount of funding that we will be asking for this project and he believes this will help with the ability to get approved this time. We will also work on adding additional information to beef up the Grant application too. O’Hearn also provided an update of the former Wall of Fame in the County Building. Cindy Kimble, Chamber of Commerce President, has said the Board of Directors for the Chamber will be interested in reviving the Wall of Fame. They will be seeking nominations and would like to continue being involved. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:04 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk SPECIAL MEETING NOVEMBER 08, 2006 The November 8, 2006 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn wer also present. PUBLIC PARTICIPATION: None. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 143 9:00A.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 5/LOCAL LAW NO._OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION: None. RESOLUTION NO. 354A Motion by Larison, Second by Bingell. 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. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION 2. AMEND RESOLUTION NO. 347-06 TITLED “ACCEPT/REJECT 2006 TAX AUCTION BIDS” 3. ALTERATIONS OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 Vote: 8-0 RESOLUTION NO. 355A Motion by Fagan, Second by Bleiler. RE: MOTION TO AMEND RESOLUTION NO. 355 BE IT RESOLVED, that Resolution No. 355 be amended to add language to Section 1. as follows in bold: SECTION 1. LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure Exemption to those municipalities who have adopted a local land use law that will be affected by this local law. DISCUSSION: Legislator Fagan suggested that this local law be amended to reflect only those towns who have adopted a local land use law. Attorney Coleman explained that some towns like the Town of Reading did not adopt a law, they adopted a land use law. It covers zoning and land use control laws by any other name. Legislator Bleiler asked if it should say land use laws applied to development purposes, or is that assumed? Attorney Coleman stated that it can not be assumed. Legislator Bleiler said they could adopt it for only one purpose. Attorney Coleman said the Town of Reading does not speak to subdivisions. Legislator Bleiler would like to add an amendment to the local law that adds the words…..”affected by this local law”. Attorney Coleman explained that because of an amendment this local law will have to have another public hearing. County Administrator O’Hearn asked Attorney Coleman if there are any home rule issues on adding this amendment that applies differently from town to town. Attorney Coleman said he is okay with it. Counties do not have zoning law enforcement. Legislator Bingell asked if a building lot is like the hotel. Attorney Coleman stated that it is for a subdivision only. Vote: 7-1 Noes: Gifford. RESOLUTION NO. 355 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION – AS AMENDED WHEREAS, Local Law Intro. No. 5/Local Law No. of the Year 2006 Providing for partial exemption from taxation by the County of Schuyler of Real Property receiving the Infrastructure Exemption was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 8, 2006 at 9:00 a.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. 5/Local Law No. of the Year 2006, in the form hereto annexed be, and hereby is, passed as amended to be re-introduced for another public hearing. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 144 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Infrastructure Exemption. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure Exemption to those municipalities who have adopted a local land use law that will be affected by this local law. SECTION 2: LEGISLATIVE AUTHORITY. This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Infrastructure Exemption Law. SECTION 4: REAL PROPERTY TAX EXEMPTION. A. Residential building lots which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of occupancy but in no event longer than three years from granting of the exemption herein, the exemption provided by this subdivision shall lapse. B. For purposes of this section infrastructure shall be comprised of the following public facilities which are intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential subdivision as noted on the filed plat plan for such residential subdivision. SECTION 5: APPLICATION PROCESS. A. Such exemption shall be granted only upon application by the owner of the real property on a form prescribed and made available by the office of real property services. The applicant shall file the information as required by the office of real property services. The application shall be filed with the assessor of the appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of such assessing unit and not later than one year from the date of completion of such construction, installation or improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective date of the local law or school district resolution providing that the exemption under this section shall be applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall be made within one year from the effective date of such local law or school district resolution. B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is entitled to an exemption pursuant to this section, the assessor shall approve the application and such real property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption entered in a separate column. SECTION 6: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 7: EFFECTIVE DATE. This Local Law shall take effect immediately. Vote: 8-0. RESOLUTION NO. 356 Motion by Larison, Second by Bingell. RE: AMEND RESOLUTION NO. 347-06 TITLED “ACCEPT/REJECT 2006 TAX AUCTION BIDS” WHEREAS, a bid from the September sale was made by an ineligible bidder due to default on another parcel, contrary to the established policy. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 145 NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby resolves that said bid be and hereby is rejected: BIDDER'S NAME: Michael Coppola BIDDER'S ADDRESS: 1251 Ave. Pine City, NY 14871 AMOUNT OF BID: $550.00 FORMER OWNER: Great Spaces, LLC TAX MAP 87.16-2-13.1 LOCATION: Catharine, and BE IT FURTHER RESOLVED, that Resolution No. 347-06 be amended to remove said bidder from that Resolution. DISCUSSION: Legislator Bleiler asked why we were rejecting this bid. Attorney Coleman explained that he has not paid taxes on other properties. He is ineligible to bid. Vote: 8-0. RESOLUTION NO. 357 Motion by Larison, Second by Bingell. RE: ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2007 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$47,000 1010.1080 Payment in Lieu of Taxes Vote: 8-0. RESOLUTION NO. 358 Motion by Larison, Second by Fagan. RE: ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – REAL PROPERTY TAX BE IT RESOLVED, that the Tentative Budget for 2007 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$17,135 1355.2210 General Services 2,900 1355.3040 Tax Administration Vote: 8-0. RESOLUTION NO. 359 Motion by Larison, Second by Fagan. RE: ALTERATION OF THE 2007 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PUBLIC HEALTH BE IT RESOLVED, that the Tentative Budget for 2007 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$12,000 4010.100 Personnel Services Vote: 8-0. Administrator O’Hearn stated that he had been receiving phone calls on behalf of the Board of Elections and he does continue to support the salary adjustment to them. PUBLIC PARTICIPATION: Barbara Halpin of SCOPED asked if the Local Law on 485G is for only those municipalities that have some sort of subdivision ordinance that will be the ones eligible for this exemption. Legislator Bleiler stated that this tells all the towns that they need to speak at the next Public Hearing or hold their piece. This will be re-introduced and another public hearing scheduled to adopt it later. Legislator Fagan read from the letter the Farmland Protection Board wrote, which is on file. The Meeting adjourned at 9:24 A.M. Stacy B. Husted, Clerk REGULAR MEETING NOVEMBER 13, 2006 The November 13, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bingell and followed by a Moment ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 146 of Silence. All Legislators were present. County Attorney Coleman and County Administrator O’Hearn were also present. 6:30 P.M. PUBLIC HEARING ON THE TENTATIVE 2007 SCHUYLER COUNTY BUDGET: County Administrator O’Hearn addressed approximately thirty-five individuals in the Court Room audience and referred to a handout that explained in detail the Performance Based Budget information that was being discussed. O’Hearn stated that this is the second year of the Performance Based Budget which goes along with the standard line item budget that the County prepares each year. He provided a Power-point presentation which explained that the Performance Based Budget is different from the line item budget because it is much easier for the public to understand the allocations better. He reminded the public that Public Services are for the benefit of the public who are the customers of those services. He stated that budgeting should be more than a process for allocating resources and should be looked on as a process for encouraging improvements in services and outcomes. Public budgets should be informative and transparent to the public. He stated that the County website will host the Performance Based Budget if the public is interested in reviewing copies and hard copies will also be available once it is finalized. O’Hearn also gave special acknowledgement to several staff that assisted with the organization of the budget, which included Stacy Husted, Clerk of the Legislature, Sharlene Parker, Deputy Clerk of the Legislature and Peggy Tomassi, Confidential Secretary to the County Administrator and Margaret Starbuck, Treasurer. O’Hearn reviewed the tentative 2007 budget figures by stating that this year they tried to make it much easier to read with providing easier to read charts with the data. The bottom line for the new tax rate is $9.23 per $1,000 of assessed value and if you want to analyze it more then you can go by areas and review the breakdowns. This will list expenditures and revenues. Fringes will be listed in the costs for each of the departments. This will give comparisons for last years figures too. When you scroll down on the website, you can review all of the figures. O’Hearn also acknowledged the Social Services Commissioner, William Weiss for his assistance with designing the graphs. He continued with reviewing the 2007 Budget overview by reviewing spending increases of (14.9%) and revenue increases of The $39,305,220 spending plan includes a tax levy increase of 2% over 2006. The tax-rate decrease is attributed in part to increased property values in the county. This translates to a Tax Rate decrease of 12.1% down from the $10.50 this year. He then reviewed additional budget highlights, discussed the Medicaid Cap and how it had impacted the local costs in a beneficial way. Departmental initiatives for 2007 were part of the discussion, which includes the new Sheriff’s Weekend Alternative Program (S.W.E.A.P), which is a new program the Sheriff’s Department will be starting. They will have individuals coming in on weekends to do community service. This will be a new sentencing option. O’Hearn also reviewed the new Highway innovative Bridge Grant for County Route 23 and acknowledged Greg Mathews for working hard to get the grant. They are also looking at using Central Garage to do maintenance on vehicles more than what is currently being done and adding additional maintenance opportunities possibly to other organizations such as the schools. He stated that there has been a lot of consolidated office space discussion, shared service opportunities which will lead to increased efficiencies and economies of operation. He stated that the District Attorney also has an initiative with the Project Impact. He also highlighted the Probation Department with their consolidated Community Service Position/ATI Savings. And lastly O’Hearn pointed out that the Treasurer had eliminated a Chief Accountant position in her department which would be an additional savings to the County. O’Hearn spent some time discussing the new Shared Services plan through the County Assisted Real Property Assessment, which would lower costs to municipalities. There was also discussion on the new proposed Shared Records Management Facility at the former Watkins Glen Bus Garage, which is anticipating grant funding. Then there was additional discussion in regards to the Highway Department and their Equipment Maintenance Facilities, which O’Hearn once again acknowledged Greg Mathews, Highway Superintendent. O’Hearn also pointed out additional shared services through the Shared Fuel Facility and the Council of Governments. Then O’Hearn reviewed the 2007 Budget figures per Town and how they are related to the equalization rates set by the State. There are differences in towns and discussed how the County Wide Assessments would help distribute taxes more fairly. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 147 O’Hearn ended his presentation by providing additional acknowledgement to the Legislators and Staff that helped assist with the budget preparation. He then opened the presentation up for questions and comments from the public. Connie Fern-Miller, Public Defender, stood and introduced herself and then proceeded to remind Mr. O’Hearn that the Public Defender’s office should also be included in acknowledgment of the efforts of receiving a Grant in the amount of $53,000 for conflict defenders at a rate of $75 per hour, which is a savings significantly to the County. Administrator O’Hearn and Chairman Gifford echoed a reply by stating that they could have probably taken an example from each department that would show that they had made strides with initiatives, but he only highlighted a few. The Public Hearing adjourned at 7:07 P.M. 7:08 P.M. – PRESENTATION BY THE COUNCIL OF GOVERNMENTS TO WILLIAM KENNEDY, EMERGENCY MANAGEMENT COORDINATOR AND RICHARD CHURCHES, DEPUTY EMERGENCY MANAGEMENT COORDINATOR FOR THEIR EFFORTS ON THE NATIONAL INCIDENT MANAGEMENT SYSTEMS (NIMS) TRAINING: Chairman Gifford introduced the Council of Governments Representatives; Dale Walters, Mayor of the Village of Burdett and Benjamin Dickens, Supervisor of the Town of Hector. Dale Walters read a resolution that was being presented to Emergency Management for the outstanding efforts of William Kennedy & Richard Churches on the National Incident Management (NIMS) Training. PUBLIC PARTICIPATION: None. RESOLUTION NO. 360 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE OCTOBER 10, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the October 10, 2006 Regular Meeting of the Schuyler County Legislature be approved. Vote: 8-0. RESOLUTION NO. 361 Motion by Fagan, Second by Bingell. RE: RESOLUTION SUPPORTING THE U.S. HOUSE OF REPRESENTATIVES IN ENACTING A BILL TO PROVIDE FOR AN INCOME TAX REFUNDABLE CREDIT FOR EMERGENCY SERVICE VOLUNTEERS WHEREAS, Congressmen Kuhl has introduced a bill to offer an incentive program for emergency services volunteers, and WHEREAS, a provision of the bill would amend the Internal Revenue Code of 1986 to allow a $2,000 refundable credit for individuals who are active members of volunteer firefighting and emergency medical service organizations, and WHEREAS, the Public Safety/Criminal Justice Committee recommends supporting Congressmen Kuhl’s bill. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby encourages Congress to pass Congressmen Kuhl’s Bill to allow a refundable credit for emergency services volunteers, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Inter- County Association of Western New York. Vote: 8-0. RESOLUTION NO. 362 Motion by Fagan, Second by Bingell. RE: RESOLUTION TO AUTHORIZE CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY TO SUBMIT AN APPLICATION ON THE COUNTY’S BEHALF TO THE DEPARTMENT OF STATE QUALITY COMMUNITIES PROGRAM (2006) FOR ENVIRONMENTAL PROTECTION FUNDS TO SUPPORT A SCHUYLER COUNTY HOUSING NEEDS ASSESSMENT – AS AMENDED BY RESOLUTION NO. 400-06 WHEREAS, the Schuyler County Legislature, in accordance with the Schuyler County Comprehensive Plan and on recommendation of planning and economic development agencies with in the county, desires to undertake a comprehensive assessment of housing conditions, affordability, supply and markets to promote sustainable land use patterns, community revitalization and economic growth, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 148 WHEREAS, the New York State Quality Communities Program provides funds through a competitive process for similar planning studies, and WHEREAS, the funds solicited through this program will be used for the purposed of development of said Housing Needs Assessment in an amount not to exceed $40,000, and that the County will commit to no more than $10,000 in match via in-kind contributions and cash, in cooperation with Cornell Cooperative Extension of Schuyler County and the Schuyler County Partnership for Economic Development, and WHEREAS, Schuyler County is a co-applicant for said application. NOW, THEREFORE BE IT RESOLVED, that Cornell Cooperative Extension is hereby authorized to prepare an application as lead applicant to the Department of State Quality Communities Program (2006) for Environmental Protection Funds to support a Schuyler County Housing Needs Assessment. Vote: 8-0. RESOLUTION NO. 363 Motion by Fagan, Second by Bingell. 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 2009-2011 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 WHEREAS, 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, THEREFORE, 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. That this resolution shall take effect immediately. Vote: 8-0. RESOLUTION NO. 364 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH GRETCHEN A. JACOBS FOR EARLY INTERVENTION SERVICES FOR 2006 - 2007 - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for Children, and WHEREAS, Gretchen A. Jacobs is approved as a provider for Early Intervention Special Education teaching, and WHEREAS, rates paid for Early Intervention services provided under this agreement 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 an agreement with Gretchen A. Jacobs for Early Intervention services, effective November 1, 2006 through December 31, 2007, at rates established by the New York State Department of Health, to be renewed ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 149 annually on the calendar year, 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. 365 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AMEND THE 2006 BUDGET - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) in an amount not to exceed $165,897 for 2006, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aid letter, increasing funding to the Council on Alcoholism by $5,936. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with the Council on Alcoholism for alcoholism and substance abuse prevention services increasing the amount of the contract by $5,936 to an amount not to exceed $171,833, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2006 County Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$5,936 4322.550 Council on Alcoholism +$5,936 4322-3490 State Aid - Mental Health Vote: 8-0. RESOLUTION NO. 366 Motion by Bingell, Second by Yuhasz. RE: AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY (FLACRA) AND AMEND THE 2006 BUDGET - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with FLACRA in an amount not to exceed $83,480 for 2006, and WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a revised State Aid letter, increasing funding to the Council on Alcoholism by $539. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with FLACRA for alcoholism and substance abuse treatment services increasing the amount of the contract by $539 to an amount not to exceed $84,019, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2006 County Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$539 4322.336 FLACRA +$539 4322-3490 State Aid - Mental Health Vote: 8-0. RESOLUTION NO. 367 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH AFFILIATED CONSULTANTS, P.C. FOR CLINIC SERVICES FOR 2006 - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with Affiliated Consultants, P.C., for mental health workers, and WHEREAS, there is a temporary need for additional mental health services workers to provide clinic services, and WHEREAS, Affiliated Consultants, P.C. is able to provide qualified Social Workers to work in the Mental Health Clinic. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with Affiliated Consultants, P.C. to include the provision of ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 150 additional services in an amount not to exceed $20,000, total funding of this contract not to exceed $215,462, subject to the approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2006 County Mental Health Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$20,000 4310.435 Professional Fees +$20,000 4310.1620 Mental Health Fees Vote: 8-0. RESOLUTION NO. 368 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AGREEMENT AMENDMENT WITH HEALTH CARE COMPLIANCE ENTERPRISE, LLC - COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with Health Care Compliance Enterprise, LLC for consultation services regarding regulatory compliance, in an amount not to exceed $8,000 for 2006, and WHEREAS, this amount has been exhausted and additional work is necessary to prepare for the upcoming regulatory review of the Mental Health Clinic. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the agreement with Health Care Compliance Enterprise, LLC for consultation services, increasing the amount of the contract by $3,000 to an amount not to exceed $11,000, funds available in the 2006 Mental Health budget, account no. 4310.435-4316, at no local share cost, subject to the approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 369 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT AMENDMENT WITH FINGER LAKES PARENT NETWORK, INC. – COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with Finger Lakes Parent Network, Inc., for family support services and for the provision of parent advocates, and WHEREAS, the New York State Office of Mental Health has issued a revised State Aid letter, increasing funding to Finger Lakes Parent Network, Inc. by $291. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Finger Lakes Parent Network increasing the amount of the contract by $291 to an amount not to exceed $41,828, funding available in the Mental Health budget, account no. 4310.435, with no local share cost, subject to the approval of the County Attorney. Vote: 8-0. RESOLUTION NO. 370 Motion by Yuhasz, Second by Bingell. RE: RECOGNIZE NOVEMBER 20, 2006 AS PUBLIC HEALTH THANK YOU DAY – HEALTH SERVICES WHEREAS, Research!America, The Association of Schools of Public Health, the Association of State and Territorial Health Officials and the National Association of County & City Health Offices have invited others to join with them in celebrating public health heroes on Monday, November 20, 2006, and WHEREAS, we would like to thank everyone involved in helping us keep healthy, safe and educated, with the limited budgets available, and WHEREAS, thanks to Public Health efforts, we are protected from health dangers, such as food safety, restaurant safety, sanitation safety, communicable diseases (TB, childhood diseases, influenza, etc.) sexually transmitted infections, HIV / AIDS, safe drinking water and many more. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes November 20, 2006 as Public Health Thank You Day. Vote: 8-0. RESOLUTION NO. 371A Motion by Bingell, Second by Fagan. RE: MOTION TO TABLE RESOLUTION NO. 371 BE IT RESOLVED, that Resolution No. 371 be tabled due to the body of the Resolution missing. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 151 Vote: 8-0. RESOLUTION NO. 371 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES ONSITE WASTEWATER SYSTEM IMPROVEMENT PROGRAM - TABLED RESOLUTION NO. 372 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE RATE RENEWAL WITH EXCELLUS BLUE CROSS/BLUESHIELD OF CENTRAL NEW YORK FOR HEALTH INSURANCE FOR THE YEAR 2007 BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with Excellus Blue Cross/Blue Shield of Central New York for health insurance coverage for county employee groups for the term of January 1, 2007 through December 31, 2007, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Plans 1440500, 1440501, 1440502, 1440570 (Admin. Unit - Rx $10/$25) Family $ 1105.88 Individual $ 433.69 Schuyler County Plans 1440503, 1440504, 1440505, 1440573 (Sheriff Unit(s)- Rx $10/$20/$50) Family $ 1085.82 Individual $ 425.82 Schuyler County Plans 1440506, 1440507, 1440508, 1440576 (Hwy. Unit/Management/Confidential, Elected Officials, Attorneys, Physicians, other Municipalities and Retirees - Rx $5/$15/$30) Family $ 1094.58 Individual $ 429.25 NOTE: The above rates represent a 2% increase from 2006. Vote: 8-0. RESOLUTION NO. 373 Motion by Larison, Second by Bingell. RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2007 BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of January 1, 2007 through December 31, 2007, with rates per month as follows, subject to the approval of the Schuyler County Attorney: Schuyler County Dental Plan DT 4790 (Highway Unit/Management/Confidential, Elected Officials, Attorneys, Physicians, other Municipalities and Retirees) Family $54.77 Mo. Individual $15.67 Mo. Schuyler County Dental Plan DT 4965 (Sheriff Unit(s)) Family $56.96 Mo. Individual $16.27 Mo. Schuyler County Dental Plan DT 4994 (Administrative Unit) Family $57.60 Mo. Individual $16.46 Mo. Vote: 8-0. RESOLUTION NO. 374 Motion by Larison, Second by Bingell. RE: AUTHORIZE RATE RENEWAL FOR VISION COVERAGE PREMIUM BE IT RESOLVED, that the Schuyler County Legislature hereby renews the premium for vision coverage for Schuyler County to be $5.25-Individual and $13.65-Family. Vote: 8-0. RESOLUTION NO. 375 Motion by Larison, Second by Bingell. RE: AMEND THE SCHUYLER COUNTY POLICIES AND PROCEDURES MANUAL TO PROVIDE LEAVE OF ABSENCE FOR MILITARY SPOUSES ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 152 WHEREAS, on August 16, 2006 a new state law went into effect (which has been codified as Section 202-I of the New York Labor law) that requires certain employers to provide employees who are married to members of the armed forces with up to ten days of unpaid leave upon request, and WHEREAS, this law applies to all public and private entities in New York State that employ 20 or more employees in at least one site, and WHEREAS, said policy has been reviewed and approved by labor counsel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby amends the Policies and Procedures Manual, by the addition of the following: 7.5 Military Spouses – Leave of Absence In accordance with Section 202-I of the New York Labor Law, an employee who is married to a member of the armed forces of the United States, national guard, or reserves who has been deployed during a period of military conflict to a combat theater or combat zone of operations, shall be allowed up to ten (10) days of unpaid leave upon request. A “period of military conflict” is defined in the law to mean a period of war declared by the United States Congress, or in which a member of a reserve component of the armed forces is ordered to active duty. The leave may only be used when the employee’s spouse is on leave from the armed forces during a period of military conflict. Vote: 8-0. RESOLUTION NO. 376 Motion by Bingell, Second by Larison. RE: AUTHORIZE MEDICAL/DENTAL PLAN CHANGE FOR EXEMPT EMPLOYEES WHEREAS, in an effort to move towards a reduction in the number of health plans administered by the County, it is recommended that exempt employees be placed in the same Medical and Dental group as the Highway Unit with a three-tier prescription drug plan of $5/$15/$30. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the conversion of employees in the Management/Confidential Salary Plan, elected officials, attorneys, physicians, other municipalities and retirees in these groups from the present Medical/Dental Plans 1440503, 1440504, 144505, 1440573, and DT4965 to Medical/Dental Plans 1440506, 1440507, 1440508, 1440576, and DT4790, effective January 1, 2007. Vote: 8-0. RESOLUTION NO. 377 Motion by Bingell, Second by Larison. RE: AUTHORIZE CHANGES TO INSURANCE BUY-OUT PROGRAM FOR ALL COUNTY EMPLOYEES – HUMAN RESOURCES – AS AMENDED BY RESOLUTION NO. 145-07 WHEREAS, the County has offered an insurance buy-out program to all county employees in an effort to save costs in the health insurance area since 2001, and WHEREAS, effective beginning with the year 2007, the County wishes to allow married employees to participate in this program. NOW, THEREFORE, BE IT RESOLVED, that the Human Resources Department be authorized and directed to offer an insurance buy-out option to all county employees, as follows: An eligible employee may decline the health, dental and vision coverage provided by the Employer, and instead elect to receive payment of One Thousand Two hundred Fifty Dollars ($1,250) for a Full-Time employee for each full calendar year that he or she declines family coverage, or Six Hundred Fifty Dollars ($650) for a Full-Time employee for each full calendar year that he or she declines individual coverage. The Employer shall provide an eligible employee with a pro-rated payment for a partial year of declined coverage. An eligible employee is defined as any Full-Time or Less Than Full-Time county employee, including elected officials, attorneys and physicians who are eligible for the county’s health insurance regardless of their marital status. A Less Than Full-Time employee shall be entitled to a pro-rated payment for each full calendar year that he or she declines coverage. Upon satisfaction of the conditions set forth below, payment will be made the last pay period of the calendar year. In order to receive all or part of the payment set forth above, the employee must: have been employed by Schuyler County during the calendar year, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 153 (ii) provide satisfactory documentation establishing that the employee was covered under a health insurance plan to which another individual subscribed. Such documentation must be provided to the Human Resources Department by December 1st of the calendar year. An eligible employee who currently participates in the Employer’s Plan may decline health, dental and vision coverage (to be effective on January 1 of the following year) only between November 1 and November 15 of the current year. The County may, in its sole discretion, grant a request to decline coverage that is made before November 1 or after November 15. After an employee declines such health, dental and vision coverage, the employee will not be eligible to enroll in the Employer’s Plan unless the employee provides satisfactory documentation that the employee no longer has alternate coverage. Under such circumstances, the employee shall be allowed to enroll in the Employer’s Plan, subject to the Plan’s enrollment procedures and requirements. When an employee enrolls in the Employer’s Plan during the Plan year, the employee shall be eligible to receive (at the end of the calendar year) a pro-rated payment based upon the number of months during the year for which the employee did not receive coverage under the Plan, and BE IT FURTHER RESOLVED, that this buyout offer may be terminated by the County, with notice to be given by November 1st of any year, except for those obligations mandated by union contract. Vote: 8-0. RESOLUTION NO. 378 Motion by Bingell, Second by Larison. RE: RECOGNITION OF THE BIFURCATION OF THE SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION – AS AMENDED BY RESOLUTION NO. 442-06 WHEREAS, at a meeting on October 2, 2006, of the Schuyler County Deputy Sheriffs Association, the membership voted to bifurcate the existing union; separating the road patrol from the correction officers/civil employees thereby forming two separate bargaining units, and WHEREAS, they have requested that the county voluntarily recognize these two separate bargaining units, and the County Administrator and Sheriff concur with this request. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize the Schuyler County Correction Officers Benevolent Association as the sole and exclusive representative for the purpose of Collective Bargaining for the titles of Correction Officer, Correction Officer Sergeant, Dispatcher, Animal Control Officer, Sr. Account Clerk Typist, Data Entry Machine Operator, Special Patrol Officer, Transport Aide – Female, Cook, and Laborer in the Schuyler County Sheriff’s Department, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby recognize the Schuyler County Road Patrol Association as the sole and exclusive representative for the purpose of Collective Bargaining for the titles of Deputy Sheriff, Deputy Sheriff Sergeant, and Deputy Sheriff Lieutenant. Vote: 8-0. RESOLUTION NO. 379 Motion by Larison, Second by Bingell. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR UNEMPLOYMENT – TREASURER’S OFFICE WHEREAS, line item no. 9050.805-Unemployment in the 2006 budget is over-expended as of the 3rd Quarter billing. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $7,000 from Contingency account no. 1990.500 to account no. 9050.805-Unemployment. Vote: 8-0. RESOLUTION NO. 380 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2007 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 2006 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 154 BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on December 11, 2006 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 A Local Law Setting Salaries for Certain Public Officers for the Year 2007. 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, 2007. 2. The following public officers are subject to the provisions hereof: Personnel Officer $44,723 Public Defender $79,641 County Attorney $53,998 Asst. Public Defender $39,821 Assistant County Attorney $71,975 Deputy County Clerk $34,940 Assistant County Attorney $64,327 Chief Asst. District Attorney $66,593 Conf. Sec’y. to County Attorney $40,972 Asst. District Attorney $44,100 Commissioner of Social Services $64,683 Deputy County Treasurer $34,275 Clerk of the Legislature $42,180 Highway Superintendent $57,813 Deputy Clerk of the Legislature $34,795 Deputy Highway Super. $46,647 Real Property Tax Director $52,992 Undersheriff $49,358 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. 381 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 334-06 authorized advertisement for Fire Alarm Testing and Maintenance for a period of three years, and WHEREAS, said bids were opened October 20, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the low bidder, CPE InterLink/Sentry Alarms, 357 East 5th Street, Elmira, NY 14901 for the Fire Alarm Testing and Maintenance contract at the low bid of $11,790 for the term January 1, 2007, through December 31, 2009, and that funding is available in Buildings and Grounds 2007 budget account no. 1620.400, and BE IT FURTHER RESOLVED, that the following bid be rejected: Fire Alarm Service Technology 958 Avenue Elmira, NY 14904, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with CPE InterLink/Sentry Alarms at a cost of $11,790, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 381 Motion by Larison, Second by Bingell. RE: ACCEPT/REJECT BIDS FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 334-06 authorized advertisement for Fire Alarm Testing and Maintenance for a period of three years, and WHEREAS, said bids were opened October 20, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the low bidder, CPE InterLink/Sentry Alarms, 357 East 5th Street, Elmira, NY 14901 for the Fire Alarm Testing and Maintenance contract at the low bid of $11,790 for the term January 1, 2007, through December 31, 2009, and that funding is available in Buildings and Grounds 2007 budget account no. 1620.400, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 155 BE IT FURTHER RESOLVED, that the following bid be rejected: Fire Alarm Service Technology 958 Avenue Elmira, NY 14904, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with CPE InterLink/Sentry Alarms at a cost of $11,790, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 382 Motion by Bingell, Second by Larison. RE: AUTHORIZE CHANGE ORDER NUMBER TWO WITH EDGER ENTERPRISES FOR THE SENECA HARBOR PARK PHASE III PROJECT – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 183-06 authorized a contract with Edger Enterprises for the Seneca Harbor Park Phase III construction work for a total contract price of $535,000, and WHEREAS, the county is in receipt of the contractors proposal for electrical work for time and material to install controls for parking lot lighting, and WHEREAS, the Public Works Committee has reviewed Change Order No. 2 in the amount of $2,057 and recommends authorization thereof, and WHEREAS, funding is available in capital reserve account no. 004-1620-209 for said change order. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to approve Edger Enterprises Change Order No. 2 proposal at a cost of $2,057, subject to approval of the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 383A Motion by Larison, Second by Bleiler. RE: MOTION TO TABLE RESOLUTION NO. 383 BE IT RESOLVED, that Resolution No. 383 be tabled due to the body of the Resolution missing. Vote: 8-0. RESOLUTION NO. 383 Motion by Bingell, Second by Larison. RE: AUTHORIZE DECREASING THE HOURS OF THE SERVICE AIDE POSITION FROM FULL- TIME TO PART-TIME – OFFICE FOR THE AGING - TABLED RESOLUTION NO. 384 Motion by Bingell, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH PACS SECURITY FOR THE DEPARTMENT OF MOTOR VEHICLES (DMV) – COUNTY CLERK WHEREAS, the County Clerk has a five-year contract with PACS Security for the monitoring of the security system in the DMV, and WHEREAS, said agreement is up for renewal and the new term will be for one-year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with PACS Security in the amount of $230 a year for a term of December 1, 2006 through November 30, 2007, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 385 Motion by Karius, Second by Bingell. 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 2006, for the budget year of 2007, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on December 11, 2006 at 7:00 p.m. in the Legislative Chamber in the County Office Building, 105 Ninth 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 the Attorney for the Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Christine Kane, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 156 Vote: 8-0. RESOLUTION NO. 386 Motion by Karius, Second by Bingell. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2007 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County tax levy 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 2006 Assessment Roll be adopted and the 2006 County equalization rates for the general levy and apportionment from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 78.00 TOWN OF MONTOUR 78.00 TOWN OF CAYUTA 85.00 TOWN OF ORANGE 88.00 TOWN OF DIX 78.00 TOWN OF READING 78.00 TOWN OF HECTOR 70.00 TOWN OF TYRONE 75.00 Vote: 8-0. RESOLUTION NO. 387 Motion by Karius, Second by Bingell. RE: AUTHORIZE AN AMENDMENT TO THE IRON MOUNTAIN AGREEMENT FOR RECORDS STORAGE – COUNTY CLERK WHEREAS, the County Clerk has a contract with Iron Mountain/National Underground Storage to cover the storage of microfilm, and WHEREAS, the County Clerk’s office would like to amend that agreement to include the storage of Compact Disks at the approximate yearly fee of $10.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment with Iron Mountain/National Underground Storage in an additional annual amount of $10.00 for the term May 1, 2006 through April 30, 2009, subject to approval by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 388 Motion by Larison, Second by Bingell. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 TO TRANSFER FROM CONTINGENCY TO THE BOARD OF ELECTIONS - FAILED BE IT RESOLVED, that the Tentative Budget for 2007 Be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$2,000 1990.500 Contingency +$2,000 1450.100 Board of Elections Personnel Services DISCUSSION: Legislator Larison wished to replace the $2,000 in the Board of Elections proposed Budget. Legislator Bingell supported his wish. Legislator Bleiler asked if it was possible to be paid out of Contingency so that the bottom line of the budget stays the same. Attorney Coleman said that if it was done this way then it would not alter the budget. Legislator Bleiler then asked for Administrator O’Hearn’s recommendation. O’Hearn suggested that funds be transferred from of the Board of Elections professional fees and services account no. to the salary line if needed. He reminded the Legislature that they would need to recommend the salary anyway. Legislator Larison stated that this was not his suggestion and he did not want to take it out of another line, but rather to take it out of contingency. He then stated that it was taken from their request and now he was requesting it to be put back into their budget. Legislator Slusser was confused by Legislator Larison and said he was not sure what they were being asked to restore. The Clerk reminded everyone that this would not be taken out of Contingency until 2007. Legislator Bleiler asked if this should be taken out of contingency. Administrator O’Hearn reminded them that there was an option of restoring funding, but the Legislature would be setting the salaries of the Commissioners anyways, so it could be done either way. Legislator Bleiler said they would still need money in the budget. O’Hearn stated that it could be made available and still be done. Legislator Larison again reiterated that his resolution was to put the $2,000 back into the budget that they requested. The Clerk stated she could change the title of the Resolution to reflect this request. Legislator Bleiler reminded all of the Legislators to stop and think about the $1,000 per commissioner that is being requested and look at the breakout of what that is per hour and the increase of Help America Vote Act (HAVA) requirements. Legislator Fagan read from a statement that he had written prior to the meeting which is on file. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 157 He stated that he had no animosity towards the Board of Elections Commissioners, but was frustrated about the new HAVA requirements and all the increased costs. Legislator Bleiler agreed with Legislator Fagan’s statement, but reminded everyone that if the requirements were not met, then we are punishing employees. Legislator Slusser also reminded Legislators that the Commissioners salaries have already been tripled and wondered how they were being punished. They have already been paid and the new requirements have not been carried out yet. Legislator Larison feels the County is stuck and it needs to follow through even though we are frustrated with the Government requiring it. Legislator Slusser stated that the County was expecting to comply and not break the law. Vote: 4-4. Noes: Gifford, Karius, Slusser, Fagan. RESOLUTION NO. 389 Motion by Larison, Second by Bingell. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2007 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 2007 would be held at 6:30 P.M. on November 13, 2006, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and WHEREAS, the above-mentioned Public Hearing was held on November 13, 2006 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2007 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $8,565,784.00 by tax levy, be adopted. Vote: 8-0. RESOLUTION NO. 390 Motion by Larison, Second by Bingell. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2007" WHEREAS, the Schuyler County Legislature by Resolution No. 389, dated November 13, 2006, has adopted a budget for fiscal year 2007. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2007" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2007. Vote: 8-0. RESOLUTION NO. 391 Motion by Bingell, Second by Fagan. RE: 2007 BUDGET OF $39,305.220.00: 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, 2006, 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, 2006 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. Vote: 8-0. RESOLUTION NO. 392 Motion by Bingell, Second by Fagan. RE: RESOLUTION IN SUPPORT OF OFFERING ASSISTANCE TO RESTORE FUNDING TO THE GREATER SOUTHERN TIER BOCES COSMETOLOGY PROGRAM WHEREAS, the Greater Southern Tier BOCES Adult Education Program provides vocational training to adult students who have either been laid off or are seeking retraining for the purpose of finding jobs, and WHEREAS, GSTBOCES Cosmetology program plays a vital role in fulfilling this mission, currently serving 16 residents of Schuyler, Chemung, and Steuben County, and WHEREAS, in February of 2001 the GSTBOCES Cosmetology program was approved by the United States Department of Education (USDOE) to grant Federal financial aid, and WHEREAS, GSTBOCES and their adult students rely heavily on Title IV funding (PELL and FFELL grants) to fund this training, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 158 WHEREAS, Title IV funding for the Cosmetology program has currently been suspended based on a determination by the USDOE that the program is not duly accredited by a nationally recognized body, and WHEREAS, this determination puts at risk the continuation of this program and the ability of citizens to pursue job opportunities in this field, and WHEREAS, the citation on the Federal register pertaining to this program indicates that programs must be accredited or approved by a State agency if the agency is a public post-secondary vocational provider, and WHEREAS, there currently exists a conflict between the New York State Department of Education and New York State Department of State, each of which deeming the other to be responsible for accreditation and none of which acting to provide same, and WHEREAS, as a consequence of this conflict of semantics the needs of these adult students seeking assistance in learning skills necessary to find self sustaining employment goes unmet. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature calls on its elected federal representatives to intervene by offering assistance necessary to restore funding to this essential program, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature prevail upon its elected state officials to encourage dialogue between the DOS and DOE to resolve the issue of accreditation, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be sent to Congressman John R. Kuhl, Jr., US Senator Hillary R. Clinton, US Senator Charles E. Schumer, Senator George H. Winner, Jr. and Thomas F. O’Mara. Vote: 8-0. RESOLUTION NO. 393 Motion by Bingell, Second by Fagan. RE: APPROVAL OF THE OFFICE FOR THE AGING 2007 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS – AS AMENDED BY RESOLUTION NO. 181-07 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 The Weatherization Referral & Packaging Program Health Insurance Information, Counseling and Assistance Program Community Services for the Elderly Program Congregate Services Initiative Program Home Energy Assistance Program Expanded In-Home Services for the Elderly Program (EISEP) Supplemental Nutrition Assistance Program (SNAP), Long Term Care Insurance Education and Outreach Program (LTCIEOP), and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan in November 2006, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held, as required, on October 24, 2006 at 10:30 AM at the Offices of the Schuyler County Office for the Aging and on October 25, 2006 at 11:00 AM at the Tyrone United Methodist Church, 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. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign those funding applications necessary to carry out the services provided by the Schuyler County Office for the Aging, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 159 BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those contracts and agreements necessary to carry out the service provided by the Schuyler County Office for the Aging upon review by the Schuyler County Attorney. Vote: 8-0. RESOLUTION NO. 394 Motion by Karius, Second by Bingell. RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF WATKINS GLEN, THE TOWN OF DIX, THE TOWN OF HECTOR AND WATKINS GLEN CENTRAL SCHOOL (WGCS) FOR A SHARED RECORDS MANAGEMENT FACILITY WHEREAS, the county has a critical need for records storage space and for a records management facility, and WHEREAS, the County Administrator has successfully negotiated the creation and staffing of a shared records management facility to be housed on Watkins Glen Central School District property. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an Inter-Municipal agreement with the Village of Watkins Glen, the Town of Dix, the Town of Hector and the Watkins Glen Central School District for records management and storage, effective immediately for a term of five years, and BE IT FURTHER RESOLVED, that the County Administrator is authorized to take all further steps necessary for the creation, staffing and administration of such facility in consultation with the County Clerk and Records Management Officer. Vote: 8-0. RESOLUTION NO. 395 Motion by Karius, Second by Bingell. RE: APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES – SCRANTON – TOWN OF ORANGE WHEREAS, an application for correction of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL), and WHEREAS, the 2005 tax bill produced for parcel 61.00-1-6.2, owned by Scranton, in the Town of Orange is in error as that parcel did not appear on the town’s 2004 Final Assessment Roll, and WHEREAS, the Real Property Tax Director has determined that this assessment represents an unlawful entry as defined in RPTL Section 550(7)(c), and WHEREAS, it is the Director’s recommendation that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved and that the 2005 County/Town tax bill for the above parcel be expunged along with any associated charges or liens, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to make the appropriate chargeback to the Town of Orange. Vote: 8-0. RESOLUTION NO. 396 Motion by Bingell, Second by Slusser. 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. 397 Motion by Larison, Second by Bingell. RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION WHEREAS, Section 485-g of the Real Property Tax Law of the State of New York provides for partial exemption of real property receiving the Infrastructure Exemption, and WHEREAS, Real Property Tax Law Section 485-g permits a county to adopt legislation to provide that partial exemption shall be applicable with respect to any real property receiving the Infrastructure Exemption, and WHEREAS, this Local Law was amended after a public hearing was held on November 8, 2006, therefore it is to be re-introduced for another public hearing to be held. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 160 NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2006 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 11, 2006 at 7:05 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Infrastructure Exemption. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure Exemption to those municipalities who have adopted a local land use law that will be affected by this local law. SECTION 2: LEGISLATIVE AUTHORITY. This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Infrastructure Exemption Law. SECTION 4: REAL PROPERTY TAX EXEMPTION. A. Residential building lots which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of occupancy but in no event longer than three years from granting of the exemption herein, the exemption provided by this subdivision shall lapse. B. For purposes of this section infrastructure shall be comprised of the following public facilities which are intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential subdivision as noted on the filed plat plan for such residential subdivision. SECTION 5: APPLICATION PROCESS. A. Such exemption shall be granted only upon application by the owner of the real property on a form prescribed and made available by the office of real property services. The applicant shall file the information as required by the office of real property services. The application shall be filed with the assessor of the appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of such assessing unit and not later than one year from the date of completion of such construction, installation or improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective date of the local law or school district resolution providing that the exemption under this section shall be applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall be made within one year from the effective date of such local law or school district resolution. B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is entitled to an exemption pursuant to this section, the assessor shall approve the application and such real property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption entered in a separate column. SECTION 6: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 7: EFFECTIVE DATE. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 161 This Local Law shall take effect immediately. DISCUSSION: Legislator Fagan asked if this had the discussed amendment already in the Resolution. Legislator Bleiler asked if it had to be set tonight. The Clerk explained that it did reflect the amendment made on the 8th of November. It was placed on the agenda as an emergency per the Chairman’s request. Vote: 8-0. NEW BUSINESS: Chairman Gifford noted that C. LaMont “Monty” Stamp resigned from the Town of Reading as Supervisor and wanted to acknowledge his retirement, his dedicated years of service to the Town. MOTION by Legislator Bingell, SECOND by Legislator Yuhasz to acknowledge the dedicated years of services of C. LaMont Stamp as the Town of Reading Supervisor. Motion carried eight ayes to zero noes. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: Susanne Lipri from the Town of Hector, stood and voiced some concerns. She announced that she was shocked that the Board of Elections request to the Legislature for an increase in their budget of $2,000 failed. She stated that she was outraged that such a small increase was being denied. She reminded that we all trust them with our votes and to bring the county into the technology stage that is required. She then stated that she felt that this should not be denied. Ruth Young, Town of Orange, seconded the disagreement, she stated to the Legislature that they could scream and holler about all of the Federal Government’s new requirements, but the bottom line is that they need to obey the law. The Meeting adjourned at 7:50 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk REGULAR MEETING DECEMBER 11, 2006 The December 11, 2006 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislators Karius and Bingell who were excused. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: None. 7:00 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2007: None. 7:00 P.M. – PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE YEAR 2006, FOR THE BUDGET YEAR OF 2007, FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT: Legislator Fagan announced that Lamoka Lake was not treated this year, but the residents have paid their Lakes District taxes for 2006. He has had a meeting with the Department of Environmental Conservation (DEC) and there is discussion about the possibility of treatment for 2007. 7:05 P.M. – PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION: Legislator Bleiler said he feels that this is still very confusing. He was told it was illegal and then it was not. Now he is looking at an amended copy of the Local Law that was introduced previously, but then tabled. He is still concerned that this was the intent when originally introduced and is it now in relation to all towns having the restrictions in place? He would like to know if it is illegal or not. He feels with all of the confusion still, and considering that the County’s Planning Department and the Ag and Farmland Protection Board are in opposition of it, it should be tabled and made the motion to table the proposed Local Law as it stands. There ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 162 was no second. Legislator Fagan said he felt the County Attorney should comment on the proposed Local Law. Attorney Coleman responded that he was not sure who was saying it was illegal. Real Property Director, Thomas Bloodgood was in the audience and stated that he had been discussing the concerns with the Assistant County Attorney, Dennis Morris in Attorney Coleman’s absence earlier in the day. Mr. Bloodgood said there were still concerns as the Local Law was written with the amendment. Legislator Fagan asked Attorney Coleman if he was saying that it is alright with the way it was now written and Attorney Coleman responded, yes. Legislator Bleiler reminded everyone that the intent was that land use laws needed to be in place and it seems that this has been forgotten. Attorney Coleman agreed that was the intention and the intent is still in place. Legislator Bleiler then asked Attorney Coleman if those intentions were listed. He also stated that not all of the Towns have the land use law in place, and this would encourage the ones who don’t to do it. Attorney Coleman responded that this is a glass half full scenario and the Legislature will have to decide on the policy. Legislator Bleiler again stated he was still confused if it is legal or not legal. Attorney Coleman stated that with this you would have or will have subdivisions and stated to Legislator Fagan that this is and was the intent, correct? Legislator Fagan stated that the Towns that have this will be the ones to participate. Legislator Bleiler asked again, if it is illegal. Legislator Fagan stated that the concern was that the Real Property Tax Law requires that all Towns be handled the same way. Administrator O’Hearn clarified that at a late meeting today with the Assistant County Attorney regarding land use management, it was explained that in a sense every town would fall into those categories. For an example, there is still confusion regarding the difference between one town to another and whether they have zoning requirements with land use laws. Legislator Fagan asked Attorney Coleman if he understood what his intentions were with making amendments to the Local Law when it was written. Attorney Coleman responded, yes. Mr. Bloodgood requested a County Attorney opinion on this and it was provided. Legislator Fagan said with that being the case and with the situation with the Ag and Farmland Protection Board he would be forced to vote no on this Local Law because this was not the intent of my amendment. Legislator Bleiler stated that they could vote no or he could second the vote to table it once again. Then it would have to go back to the drawing board. Legislator Fagan stated that it was one in the same. Legislator Slusser said he would second the motion to table the Local Law. Legislator Larison stated that he would still appreciate hearing an example given, such as; if a developer would like to develop a certain area of land in a Town, what would happen in regards to that Town having or not having land use laws in place? Attorney Coleman provided further explanation regarding his opinion relative to what the response was from the State Board regarding land use control and subdivisions. Chairman Gifford stated afterwards that it sounded like it still did not give the exemption and that the intent was to have this to encourage the developer until it is turned over to the town or village. Legislator Fagan said he could see problems and gave an example of a developer getting land and if awarded an exemption, there were issues with the land. If the Town did not have land use control then this could be a problem. He stated that he feels the Ag and Farmland Protection Board would have concerns too if this is the interpretation. Legislator Bleiler stated that this was not the intent of amendment at all. No comments were made from the public during the hearing. Public Hearing ended at 7:22 p.m. RESOLUTION NO. 398 Motion by Larison, Second by Yuhasz. RE: APPROVE MINUTES OF THE NOVEMBER 8, 2006 SPECIAL MEETING, THE NOVEMBER 13, 2006 PUBLIC HEARING AND THE NOVEMBER 13, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that minutes of the November 8, 2006 Special Meeting, the November 13, 2006 Public Hearing and the November 13, 2006 Regular Meeting of the Schuyler County Legislature be approved. Vote: 6-0. RESOLUTION NO. 399 Motion by Fagan, Second by Yuhasz. RE: ADOPT STANDARD FOR MANDATORY TRAINING REQUIREMENTS FOR PLANNING COMMISSIONERS - AS AMENDED BY RESOLUTION NO. 66-07 WHEREAS, in 2006 New York State (NYS) enacted legislation (S 6316/A 9259) to require four hours training annually for local planning and zoning officials, including County planning commissioners, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 163 WHEREAS, NYS Department of State advises that governments supervising planning and zoning boards adopt local guidelines via resolution to provide guidance on training requirements and compliance procedures, and WHEREAS, the County Planning Commission has positively reviewed the following recommendations, and such recommendations are consistent with state legislation and do not replace the provisions enacted there within. NOW, THEREFORE, BE IT RESOLVED, that the following guidelines and procedures will govern compliance with the annual training requirement as it applies to the Schuler County Planning Commission: 1. The required training may take the form of traditional classroom-style learning, distance learning, videos, on-line training modules, on-site demonstrations, pre-arranged site visits, study for professional certification in planning and related fields, and self-study with identified benchmarks. 2. Preferred training providers include, but are not limited to, NYS Dept. of State, NYS Dept. of Environmental Conservation, NYS Dept. of Agriculture & Markets, NYS Planning Federation, all regional planning boards and councils within New York State (e.g. Southern Tier Central Regional Planning and Development Board), the American Planning Association (APA), NYS Upstate Chapter of the APA, Pace University, NYRIM, NY Conference of Mayors, NYS Association of Counties, county planning staff in Schuyler and other NYS counties, and Cornell Cooperative Extension/Cornell University. 3. Training to fulfill the requirement should bear some evident connection to planning, landscape architecture, architecture, engineering, board development, local government functions and procedures, economic development and/or related fields. 4. County planning staff will maintain compliance records for the Commission. 5. Self-study, professional certification not directly related to planning and on-line modules not sponsored or provided by preferred training providers must be approved in writing by county planning staff. A record of this approval will be filed with the general compliance records. If a member of the Commission disagrees with the decision of county planning staff regarding approval, they may appeal the decision to the County Legislature for a final opinion. 6. Any training required for local municipal boards shall apply to training for the Commission, as long as it meets the standards identified above and county planning staff receives written notification from the municipality that the commissioner/local board member has completed the training. 7. As allowed by the State Legislation, any training received in excess of four hours in any calendar year may be applied to the balance of training required in subsequent years. In order to recognize the initiative individual commissioners have made in 2006 to obtain training, all training that meets the standards identified above received in 2006 may also be applied to subsequent years. Vote: 6-0. RESOLUTION NO. 400 Motion by Fagan, Second by Yuhasz. RE: AMEND RESOLUTION NO. 362-06 TITLED “RESOLUTION TO AUTHORIZE CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY TO SUBMIT AN APPLICATION ON THE COUNTY’S BEHALF TO THE DEPARTMENT OF STATE QUALITY COMMUNITIES PROGRAM (2006) FOR ENVIRONMENTAL PROTECTION FUNDS TO SUPPORT A SCHUYLER COUNTY HOUSING NEEDS ASSESSMENT” WHEREAS, Resolution No. 362 authorized Cornell Cooperative Extension of Schuyler County to submit an application on the County’s behalf for a Schuyler County Housing Needs Assessment, and WHEREAS, Schuyler County is to be the co-applicant for said application. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 362-06 be amended to change the last Whereas clause and the Now Therefore Be It Resolved clause to now read as follows: WHEREAS, Schuyler County is a co-applicant for said application. NOW, THEREFORE BE IT RESOLVED, that Cornell Cooperative Extension is hereby authorized to prepare an application as lead applicant to the Department of State Quality Communities Program (2006) for Environmental Protection Funds to support a Schuyler County Housing Needs Assessment. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 164 Vote: 6-0. RESOLUTION NO. 401 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AN ADDENDUM TO THE CONTRACT WITH PHILIP C. BARNES TO INCLUDE REIMBURSEMENT FOR MILEAGE – DISTRICT ATTORNEY WHEREAS, the current contract for investigative services between Philip C. Barnes and the District Attorney’s Office does not include mileage reimbursement, and WHEREAS, the District Attorney has always reimbursed the investigator in the past for mileage, and intended for that to be included in the contract with the current investigator, and WHEREAS, the investigator should be reimbursed at the current County rate. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an Addendum to the contact with Philip C. Barnes to include mileage reimbursement at the current County rate per mile; and said reimbursement should be retroactive to the investigator’s start date of October 16, 2006 through February 28, 2007, as long as grant funds are available; subject to approval by the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 402 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF ONE FULL TIME CORRECTION OFFICER POSITION – SHERIFF’S OFFICE WHEREAS, an additional full time Correction Officer is needed in the Schuyler County Jail to meet staffing requirements set by the New York State Commission of Corrections, and WHEREAS, funding for this position is available in the 2007 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to create and fill one full time Correction Officer position for the Schuyler County Jail effective January 1, 2007 at an hourly rate of $14.72. Vote: 6-0. RESOLUTION NO. 403 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE A CONTRACT RENEWAL WITH MOTOROLA TO INCLUDE MAINTENANCE OF THE RADIO CONSOLES – EMERGENCY MANAGEMENT WHEREAS, the service agreement with Motorola runs from January to December, and WHEREAS, infrastructure repair with advanced replacement coverage in this agreement will expire on June 30, 2007 and only labor and semi-annual preventive maintenance will be covered for the remainder of the term, and WHEREAS, because of this the agreement has also decreased by $1,958.52, to a total amount of $12,457.08. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract renewal with Motorola for the Emergency Management Department for 911 Console Maintenance in the amount of $12,457.08, for the term January 1, 2007 to December 31, 2007, funding available in the 2007 Emergency Management budget account no. 3689.0435, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 404 Motion by Bleiler, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION WITH THE STATE EMERGENCY MANAGEMENT OFFICE – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Federal Emergency Planning and Community Right to Know Act for 2006-2007 (FFY06), and WHEREAS, this grant provides matching funds for certain personnel and administrative expenses associated with our local emergency management program, and WHEREAS, the tentative FFY06 allocation for Schuyler County under this planning program is a minimum of $1,800. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 165 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: 6-0. RESOLUTION NO. 405 Motion by Larison, Second by Bleiler. RE: AUTHORIZE A GRANT APPLICATION TO THE U.S. TOBACCO COMPANY’S (USSTC), OPERATION RANGER DONATION PROGRAM – EMERGENCY MANAGEMENT WHEREAS, the U.S. Tobacco Company is accepting applications for the Operation Ranger donation program to assist America’s emergency first responders, by providing a Polaris Ranger 6X6 utility vehicle to emergency service organizations. WHEREAS, the Emergency Management Office wishes to apply for a Polaris Ranger 6X6 utility vehicle under this program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the U.S. Tobacco Company’s (USSTC), Operation Ranger Donation Program, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 406 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME ACCOUNT CLERK/KEYBOARD SPECIALIST POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, there is a need for an Account Clerk/Keyboard Specialist in the Temporary Assistance (TA) unit of the Department of Social Services, and WHEREAS, this worker will assist the Home Energy Assistance Program (HEAP) worker during the busy HEAP season in answering client questions, providing information to clients and assisting the HEAP worker with applications, thereby allowing the HEAP worker to concentrate on determining client eligibility and enrolling the clients in the program, and WHEREAS, this new employee will also provide routine clerical assistance to the other Social Welfare Examiners (SWE) in the TA unit, thereby allowing the SWEs to spend more time on case management activities, which may reduce the Temporary Assistance caseload, and WHEREAS, this new position will receive more than 50% reimbursement from the state and federal governments, and WHEREAS, funding for the Account Clerk/Keyboard Specialist position has been included in the Department’s 2007 budget account no. 6010.100, and WHEREAS, the Commissioner of Social Services is requesting to create this position at grade 5, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill a new Account Clerk/Keyboard Specialist position in the Department at grade 5 at an hourly rate as set for in the Administrative Unit Contract, to start on or after January 1, 2007, funding available in the Department’s 2007 budget, and BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services committee 12 months after it is filled to determine its effectiveness. Vote: 6-0. RESOLUTION NO. 407 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE CREATION AND FILLING OF A KEYBOARD SPECIALIST (PT) POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services is averaging 143 Temporary Assistance cases each month for the first ten months of 2006, and WHEREAS, the Department needs to increase the number of clients who are receiving benefits under the Temporary Assistance for Needy Families (TANF) program into Work Experience Program (WEP) activities, and WHEREAS, failure to meet state/federal mandates concerning WEP goals will result in the County receiving financial sanctions, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 166 WHEREAS, the County employees currently engaged in activities related to finding gainful employment for TANF recipients are fully employed and cannot spend additional time intensively working with the clients trying to find them work because of some of the clerical duties associated with the job, and WHEREAS, a part-time worker in the Employment unit will allow the current staff to spend their time providing intensive case management to some of the difficult to place clients, and WHEREAS, this position will receive more than 50% reimbursement from the state and federal governments, and WHEREAS, funding for a 17-hour per week Keyboard Specialist (PT) has been included in the Department’s 2007 budget account no. 6010.100, and WHEREAS, the Commissioner of Social Services is requesting to create this new position at grade 2, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill a new part-time position in the Department entitled “Keyboard Specialist (PT)” at grade 2 at an hourly rate as set forth in the Administrative Unit Contract, for 17 hours per week starting on or after January 1, 2007, funding available in the Department’s 2007 budget, and BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services committee 12 months after it is filled to determine its effectiveness. Vote: 6-0. RESOLUTION NO. 408 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME MEDICAID COORDINATOR POSITION/ABOLISH THE MEDICAID SUPERVISOR/MANAGED CARE COORDINATOR POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the current title of the supervisor of the Medicaid unit is Medicaid Supervisor/Managed Care Coordinator at grade 23, and WHEREAS, the job responsibilities have diminished since the position was created in 1994 and the requirement for having a four year college degree has been removed, and WHEREAS, the work performed is at the same level as that performed by the Principal Social Welfare Examiner in the Temporary Assistance Unit and the Supervising Support Investigator in the Child Support Enforcement Unit, both of which are grade 21, and WHEREAS, the Commissioner of Social Services is requesting to create a new position titled Medicaid Coordinator at grade 21, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill a Medicaid Coordinator position in Social Services, at grade 21, at an hourly rate as set forth in the Administrative Unit Contract, to start on or after January 1, 2007, funding available in the Department’s 2007 budget, and BE IT FURTHER RESOLVED, that the Medicaid Supervisor/Managed Care Coordinator position be abolished in the Department effective December 31, 2006. Vote: 6-0. RESOLUTION NO. 409 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME CASEWORKER POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the number of referrals to the Adult Services unit has shown a dramatic increase this year, from 128 in all of 2005 to 136 cases for the first 10 months of 2006, and WHEREAS, the three Caseworkers in the Adult Services unit as well as the Supervisor each carry a full caseload, and WHEREAS, the Supervisor cannot effectively supervise the unit while still carrying a full caseload, with the result that the Caseworkers operate with very minimal supervision, and WHEREAS, the effectiveness, efficiency and quality of the unit would be substantially increased with the addition of another Caseworker, and ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 167 WHEREAS, with the addition of a new Caseworker in Adult Services, the Supervisor will spend the majority of her time training workers, reviewing cases for quality control purposes as well as ensuring compliance with state and federal requirements, and planning ways to improve the performance of the unit, and WHEREAS, this position will receive more than 50% reimbursement from the state and federal governments, and WHEREAS, funding for the Caseworker position has been included in the Department’s 2007 budget account no. 6010.100, and WHEREAS, the Commissioner of Social Services is requesting to create a new position titled Caseworker at grade 22, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill a new Caseworker position in the Department at grade 22 at an hourly rate as set forth by the Administrative Unit Contract, to start on or after January 1, 2007, funding available in the Department’s 2007 budget, and BE IT FURTHER RESOLVED, that this new position will be reviewed by the Human Services committee 12 months after it is filled to determine its effectiveness. Vote: 6-0. RESOLUTION NO. 410 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE THE INCREASE IN HOURS OF THE PARA-LEGAL POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, it is more cost effective to prevent welfare fraud by denying benefits to ineligible applicants rather than to detect fraud after-the-fact, and WHEREAS, the Department of Social Services continues to expand its welfare fraud detection efforts, and WHEREAS, in order to expand the efforts to include the child care subsidy program, Food Stamp program and some Medicaid programs it is necessary to add additional hours to the Department’s Para-legal position, and WHEREAS, funding for the increased hours has been included in the Department’s 2007 budget account no. 6010.100. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature authorizes an increase in the weekly hours of the Para-Legal position in the Department of Social Services, from 30 hours per week to 35 hours per week at an hourly rate as set forth in the Administrative Unit Contract, funding included in the Department’s 2007 budget account no. 6010.100, effective January 1, 2007. Vote: 6-0. RESOLUTION NO. 411 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE INCREASE IN HOURS OF THE INVESTIGATOR POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, it is more cost effective to prevent welfare fraud by denying benefits to ineligible applicants rather than to detect fraud after-the-fact, and WHEREAS, the Department of Social Services continues to expand its welfare fraud detection efforts, and WHEREAS, in order to expand the efforts to include the child care subsidy program, Food Stamp program and some Medicaid programs it is necessary to add additional hours to the Department’s Investigator position, and WHEREAS, the Investigator makes home visits to all persons applying for Temporary Assistance as well as some Food Stamp applicants, and when authorized by the state, some child care providers and some Medicaid applicants, and WHEREAS, funding for the increased hours has been included in the Department’s 2007 budget account no. 6010.100. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes an increase in the weekly hours of the Investigator in the Department of Social Services, from 20 hours per week to 24 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 168 hours per week at the hourly rate as set forth in the Administrative Unit Contract, funding included in the Department’s 2007 budget account no. 6010.100, effective January 1, 2007 Vote: 6-0. RESOLUTION NO. 412 Motion by Larison, Second by Bleiler. RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME SUPERVISING CASEWORKER POSITION – DEPARTMENT OF SOCIAL SERVICES WHEREAS, the current title of the Supervisor of the Adult Services unit is Senior Caseworker at grade 23, and WHEREAS, the job responsibilities have increased over the years as the caseload has increased, and WHEREAS, an additional Caseworker will be added to the unit starting January 1, 2007, making Adult Services a five-person unit, and WHEREAS, an appropriate title for the supervisor is Supervising Caseworker at grade 25, which is the same grade and title of the supervisor of the Children’s Services unit, and WHEREAS, funding for the Adult Services Supervising Caseworker position has been included in the Department’s 2007 budget account no. 6010.100, and WHEREAS, the Commissioner of Social Services is requesting to create this new position at grade 25, upon the approval of the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to create and fill a Supervising Caseworker position in the Department at grade 25, at an hourly rate as set forth in the administrative unit contract, to start on or after January 1, 2007, funding available in the Department’s 2007 budget. Vote: 6-0. RESOLUTION NO. 413 Motion by Larison, Second by Bleiler. RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD RESERVE ACCOUNT – COMMUNITY SERVICES WHEREAS, Resolution 482-98 established a Community Services Board reserve account of $50,000 to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and WHEREAS, major repairs were paid for from this account in 2006. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any remaining available funds from the 2006 Community Services Budget to replenish this reserve up to, but not to exceed, the authorized amount of $50,000. Vote: 6-0. RESOLUTION NO. 414 Motion by Yuhasz, Second by Larison. RE: RECOGNIZE JANUARY 2007 AS NATIONAL BLOOD DONOR MONTH – HEALTH SERVICES WHEREAS blood is traditionally in short supply during the winter months due to holidays, travel schedules, inclement weather and illness, and WHEREAS, a reduction in turnout for blood donations can put the nation’s blood inventory at a critical low, and WHEREAS, approximately 38,000 units of blood are required, every day, in the nation’s hospitals and emergency treatment facilities for patients, and WHEREAS, people at least 17 years of age and weighing at least 110 pounds may be able to donate blood. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes January 2007 as National Blood Donor Month and encourages Schuyler County residents to donate blood. Vote: 6-0. RESOLUTION NO. 415 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE AN AGREEMENT WITH LISA GLASNER, SPEECH PATHOLOGIST, FOR EARLY INTERVENTION SERVICES FOR 2006-2007 – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for children, and, ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 169 WHEREAS, Lisa Glasner is approved as a provider of speech pathology for the blind and visually impaired, and WHEREAS, rates paid for Early Intervention services provided under this agreement 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 an agreement with Lisa Glasner for speech pathology for Early Intervention services, effective November 1, 2006 through December 31, 2007, at rates established by the New York State Department of Health, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 416 Motion by Yuhasz, Second by Larison. RE: AUTHORIZE AN AGREEMENT WITH LISA GLASNER, SPEECH PATHOLOGIST, FOR PRESCHOOL SERVICES FOR 2006-2007 – 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, Lisa Glasner is able to provide the related therapy services for children residing in Schuyler County, and WHEREAS, the rate for related therapy services will be $50.00 per visit. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Lisa Glasner, for the provision of children’s preschool therapy services, effective November 1, 2006 through June 30, 2007, renewable annually, funding available in the Public Health budget, account 2960.400, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 417 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDING THE CONTRACT WITH MILLER ASSOCIATES FOR PRESCHOOL SERVICES – PUBLIC HEALTH WHEREAS, Public Health has a contract with Miller Associates for Preschool Services, and WHEREAS, Miller Associates has requested an increase in their rate from $50.00 per visit to $65.00 per visit. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the amendment to the contract with Miller Associates to increase their rate to $65.00 per visit, effective January 1, 2007 through June 30, 2007, funding available in account number 2960.400, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 418 Motion by Fagan, Second by Slusser. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006/LOCAL LAW NO. OF THE YEAR 2007 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2007 WHEREAS, Local Law Intro. No. 6 of the Year 2006 Setting Salaries for Certain Public Officers for the Year 2007 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 11, 2006 at 7:00 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 2006, 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 2006, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2006/LOCAL LAW NO. OF THE YEAR 2007 A Local Law Setting Salaries for Certain Public Officers for the Year 2007. Be it enacted by the Legislature of the County of Schuyler as follows: ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 170 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, 2007. 4. The following public officers are subject to the provisions hereof: Personnel Officer $44,723 Public Defender $79,641 County Attorney $53,998 Asst. Public Defender $39,821 Assistant County Attorney $71,975 Deputy County Clerk $34,940 Assistant County Attorney $64,327 Chief Asst. District Attorney $66,593 Conf. Sec’y. to County Attorney $40,972 Asst. District Attorney $44,100 Commissioner of Social Services $64,683 Deputy County Treasurer $34,275 Clerk of the Legislature $42,180 Highway Superintendent $57,813 Deputy Clerk of the Legislature $34,795 Deputy Highway Super. $46,647 Real Property Tax Director $52,992 Undersheriff $49,358 5. 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: 6-0. RESOLUTION NO. 419 Motion by Fagan, Second by Yuhasz. 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, 2006 through September 30, 2006, 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: 6-0. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 171 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 172 RESOLUTION NO. 420 Motion by Fagan, Second by Yuhasz. RE: SET DATE - 2006 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2006 for the Schuyler County Legislature be held on Wednesday, December 27, 2006, in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: 6-0. RESOLUTION NO. 421 Motion by Fagan, Second by Yuhasz. RE: SET DATE - 2007 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2007 Organizational Meeting of the Schuyler County Legislature shall be held on Wednesday, January 3, 2007 in the Legislative Chambers at 9:30 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote: 6-0. RESOLUTION NO. 422 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 AGREEMENT AND RENEWING THE 2007 AGREEMENT WITH COUGHLIN & GERHART, LLP FOR LEGAL SERVICES AND AUTHORIZE A TRANSFER FROM CONTINGENCY TO PAY FOR ADDITIONAL SERVICES - HUMAN RESOURCES WHEREAS, at times it is necessary to utilize the services of Coughlin & Gerhart, LLP for legal services other than labor-related, and WHEREAS, Coughlin & Gerhart, LLP has agreed to offer these services at the same hourly rates as the contract for labor counsel services, and WHEREAS, it was necessary to utilize their services in 2006 for the county building project, said funding not planned for in the 2006 Human Resources budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the 2006 agreement with Coughlin & Gerhart, LLP to include all types of legal services, which shall be extended until December 31, 2007, at the same hourly rates, thereafter to be renewed annually on a calendar year; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $1,340 from Contingency account 1990.500 into account no. 1430.435-Professional Fees and Services to cover said additional costs. Vote: 6-0. RESOLUTION NO. 423 Motion by Fagan, Second by Larison. RE: AMEND RULE 25 IN THE RULES OF PROCEDURE TO REDUCE THE NUMBER OF STANDING COMMITTEES – ONE MONTH’S NOTICE WHEREAS, it is recommended to amend the Rules of Procedure of the Schuyler County Legislature to amend Rule 25 to reduce the numbers of standing committees of the Legislature by merging the departments and functions of the Health Services Committee with the Human Services Committee and by merging the departments and functions of the Governmental Operations Committee with the Management & Finance committee, and WHEREAS, the other four standing committees, COMMUNITY DEVELOPMENT AND NATURAL RESOURCES, PUBLIC SAFETY AND CRIMINAL JUSTICE, PUBLIC WORKS AND LEGISLATIVE RESOLUTION REVIEW COMMITTEE shall remain the same. NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendments to the County Legislature’s Rules of Procedure pertaining the Management & Finance Committee and the Human Services Committee be hereby given pursuant to Rule 29 of said Rules of Procedure: RULE 25 STANDING COMMITTEES OF THE LEGISLATURE: MANAGEMENT AND FINANCE COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 173 equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows:  Clerk of the Legislature: Including all matters relating to the duties and powers of the Clerk of the Legislature, in accordance with Section 475 of the County Law, and all other duties as prescribed by the Legislature.  County Auditor: Including all matters relating to the office of County Auditor in accordance with Section 600 of the County Law.  County Treasurer: Including all matters relating to the powers and duties of the County Treasurer as chief fiscal officer in accordance with Section 550 of the County Law, and in any fiduciary capacity.  Insurance: Including all matters relating to the procurement of all insurance for county purposes, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature.  Civil Service and Personnel: Personnel administration and policy, including reviewing requests for new positions, setting salary grades, all upgrades, position reclassifications, fringe benefits administration, and Affirmative Action programs and policy, disciplinary procedures pursuant to Section 75 of the Civil Service Law, union contract administration and negotiation, and including all matters pertaining to the County's administration of the New York State Civil Service Law.  Purchasing and Fixed Assets: In accordance with Section 625 of County Law, all matters relating to the organization, coordination, and implementation of a uniform system of inventory control and purchasing within the County Departments, agencies, boards, commissions, and administrative units. Organization, coordination and implementation of accurate physical inventories and fixed asset records.  County Historian: Including all matters related to the powers and duties of the County Historian.  Budget Officer: Including all matters related to the powers and duties of the Budget Officer.  Fringe Benefits: Including all matters related to the procurement of the county’s health insurance, disability insurance, worker’s compensation insurance, retirement plan, flexible spending plan, deferred compensation plan, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature.  County Attorney’s Office: In accordance with Sections 500 and 501 of County Law, all matters relating to the duties and powers of the County Attorney, including all matters pertaining to County legal actions, lawsuits, damages' claims, or other legal representation of the County.  County Clerk’s Office: Including all matters pertaining to the constitutional responsibilities of the Clerk as registrar and the duties of the Clerk as agent of the New York State Department of Motor Vehicles.  Central Data Processing: Including all matters relating to the study, organization, promotion, coordination, purchase or lease of EDP equipment or systems, and development of the County's electronic data processing system for all of the County's Departments, agencies, or administrative units.  Election Commissioners: Including all matters relating to the Election Commissioners and County responsibilities under the Election Law.  Real Property Tax Service Agency: Including all matters relating to the equalization of tax rates for purposes of levying County taxes; representation of the County in all meetings and conferences with local assessors or individuals; and preparation of the assessment and tax rolls.  Records Management: Including all matters relating to the County's Records Management Program which is overseen by the Legislative Office, including the establishment, organization and oversight of the records retention storage places, contracts for records management, procedures or rules which may be necessary for implementation of a comprehensive Records Management Program, and activities of the Records Management Advisory Board.  Community Colleges: Including all matters relating to the Community College program. The Management and Finance Committee shall:  consider office and departmental estimates and make recommendation to this County Legislature of a tentative Budget for the ensuing fiscal year, including estimated expenditures and revenues, according to ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 174 object and purpose consider and make recommendations to this County Legislature on all applications for additional appropriations, and transfer of funds when authorization is required by the County Legislature.  represent this County Legislature in all matters or meetings relating to unpaid taxes, tax sales, collection, and recommendations regarding the disposition thereof, in which the County Treasurer, or the Clerk of this County Legislature, or this County Legislature, may have a duty or power to perform, with the exception of the refund of erroneous taxes.  make recommendations to this County Legislature with relation to redemptions, compromises, sales, leases, repair, fencing, or other disposition of County-owned property by virtue of tax sale. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Association for the Visually Impaired Arts of the Southern Finger Lakes Southern Tier Library Association HUMAN SERVICES COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records and accounts or other matters relating to the offices, departments, agencies or programs listed below, including those specifically identified as follows:  Social Services: Including all matters relating to the duties, powers, and responsibilities of the County Commissioner of Social Services, in the administration of public assistance and care, or other matters which relate specifically to the administration of the County's Social Services Programs.  Veterans' Services: Including all matters relating to the duties and power of the County Veterans' Service Director or officer in accordance with Section 800 of County Law, claims for soldiers' burial and headstones, and representation of the County Legislature in all matters pertaining to veterans or veterans' affairs.  Youth Bureau: Including all matters relating to the administration of the Schuyler County Youth Bureau, and Programs.  Office for the Aging: Including all matters relating to the County-sponsored programs and services for senior citizens, including fiscal and programmatic planning, outreach, information and referral; administration, coordination, and monitoring of contracts for legal, nutrition, home and health care, transportation, HEAP, etc; and representation of the County Legislature in all matters pertaining to services for senior citizens provided through the Office for the Aging.  Public Health: Including all matters pertaining to the Public Health and Home Health Program and Clinics, the Physically Handicapped Childrens' Program, Education of Handicapped Children, Rabies, Early Intervention Program and Watershed.  Mental Health: Including all matters pertaining to the Mental Health Clinic and the Mental Health contract agencies. Representation, oversight, and recommendations to the County Legislature as appropriate, on matters pertaining to the following Boards, Commissions, or agencies: Child Care Coordinating Council Office for the Aging Advisory Council RSVP Advisory Council Social Ministry (Food Bank) & D Human Services Committee Youth Board Health Services Advisory Board Professional Advisory Board Community Services Board ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 175 Mental Health Subcommittee Mental Retardation/Developmental Disabilities Subcommittee Alcoholism and Substance Abuse Subcommittee DISCUSSION: Legislator Larison stated that he opposes this resolution and feels that it would be too much burden on Legislators. He feels all of the Legislators should share the work and by some of them not being able to chair a committee is not a proper way to run Legislative business. Legislator Bleiler reminded everyone of the past resolution that was done, giving an emergency situation and being able to appoint a new chair in an absence. Legislator Larison stated that it was not good to create an emergency. Legislator Fagan also reminded everyone that it was ridiculous to come in from Tyrone for a short meeting and he feels this was a way to create better efficiency. Legislator Yuhasz reminded them all that Legislator Karius comes from Hector. Legislator Larison added that he has to drive a distance too, but when you come in there are additional things Legislators should be doing such as; providing over sight of the committee. He also reminded them that when you run for election to be a Legislator, that was one of the expectations. He said he felt it was just too much power for only four people. Vote: 5-1. Noes. Larison. RESOLUTION NO. 423 Motion by Fagan, Second by Yuhasz. 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 THEREOF – HIGHWAY DEPARTMENT WHEREAS, a Project for the replacement of BIN 2254310, South Genesee Road over Catharine Creek, Town of Montour, Schuyler County, PIN 6753.97 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the 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 2254310, South Genesee Road over Catharine Creek, Town of Montour, Schuyler County, PIN 6753.97. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project, and authorizes payment in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of approximately $117,000.00 and 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 NYSDOT thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be 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, subject to approval of the Schuyler County Attorney, 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: 6-0. RESOLUTION NO. 424, Motion by Fagan, Second by Yuhasz RE: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 176 TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREOF – HIGHWAY DEPARTMENT WHEREAS, a Project for the replacement of BIN 2254310, South Genesee Road over Catharine Creek, Town of Montour, Schuyler County, PIN 6753.97 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the 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 2254310, South Genesee Road over Catharine Creek, Town of Montour, Schuyler County, PIN 6753.97. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve the above-subject project, and authorizes payment in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of approximately $117,000.00 and 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 NYSDOT thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be 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, subject to approval of the Schuyler County Attorney, 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 6-0 RESOLUTION NO. 425 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF MONTOUR RELATIVE TO RECONSTRUCTION, FUNDING, OWNERSHIP AND MAINTENANCE OF A TOWN BRIDGE – HIGHWAY DEPARTMENT WHEREAS, the County of Schuyler and the Town of Montour, wishes to reconstruct the South Genesee Road Bridge over Catharine Creek BIN 2254310 and PIN 6753.97, and WHEREAS, the municipalities are desirous of progressing the Project under the Federal-aid and, if applicable, Marchiselli-aid Programs, and WHEREAS, the County of Schuyler shall serve as the lead agency for this project, meaning the County of Schuyler will sign the necessary contracts, appropriate the necessary funds, and administer the reimbursement in accordance with the stipulation of the agreement, and WHEREAS, the Town of Montour will reimburse the County of Schuyler for the five per-cent local share, and WHEREAS, the Town of Montour is currently the owner of South Genesee Road Bridge over Catharine Creek and will retain ownership at project completion. NOW THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an Inter-Municipal Agreement with the Town of Montour, subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 426 Motion by Fagan, Second by Yuhasz. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 177 RE: AUTHORIZE TWO-YEAR AGREEMENTS WITH HUNT ENGINEERING AND FISHER ASSOCIATES FOR MISCELLANEOUS ENGINEERING SERVICES – HIGHWAY DEPARTMENT BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term agreements with Hunt Engineers, Fisher Associates for various engineering services for the County Highway Department for the term July 1, 2006 through June 30, 2008; said agreements subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 427 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 BUDGET TO COVER EXPENSES FOR FEDERAL-AID PROJECTS – HIGHWAY DEPARTMENT WHEREAS, the Federal-Aid bridge projects that were bid earlier this year came in over the budgeted amounts, and WHEREAS, the supplemental agreements were signed by the State to increase the cost of these projects, and WHEREAS, there needs to be an amendment to the County Road Fund budget for these funds. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2006 County Road Fund for the following expenses and revenues: AMOUNT ACCOUNT NO. DESCRIPTION 7,157.30 5120.524 CR 5 Bridge +$69,036.50 5120.569 CR 6 Bridge +$12,030.60 0002.3589 State Aid Other Revenue +$64,163.20 0002.4597 Federal Aid Other Revenue 4,010.20 9524.900 Machinery Appropriations 4,010.20 9522.900 County Road Appropriations Vote: 6-0. RESOLUTION NO. 428 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 COUNTY ROAD FUND BUDGET/TRANSFER FROM CONTINGENCY TO REFLECT REPAIRS MADE TO THE WILLAMEE ROAD BRIDGE – HIGHWAY DEPARTMENT WHEREAS, the State Inspectors Red Flagged the Willamee Road Bridge as being unsafe, and WHEREAS, the bridge is now closed and under repair, and WHEREAS, these repairs were not included in the 2006 budget. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2006 County Road Fund for this expense: AMOUNT ACCOUNT NO. DESCRIPTION -$26,000.00 1990.500 Contingency -$24,000.00 9524.900 Machinery Appropriations +$50,000.00 9522.900 County Road Appropriations Vote: 6-0. RESOLUTION NO. 429 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 MACHINERY PAYROLL BUDGET/TRANSFER FROM CONTINGENCY TO REFLECT AN INCREASE IN WAGES – HIGHWAY DEPARTMENT WHEREAS, the 2006 budget was adopted before the Highway Department Unit of Local 849, Unit #8600, AFSCME, C.S.E.A Local 1000 Contract was signed, and WHEREAS, there were not enough funds allocated for the wage increase, and WHEREAS, there needs to be an amendment to the Machinery Fund budget for these additional funds. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to amend the 2006 budget by transferring the amount of $4,000 from Contingency Account no. 1990.500 into account no. 9524.900- Machinery Appropriations. Vote: 6-0. RESOLUTION NO. 430A Motion by Fagan, Second by Slusser. ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 178 RE: MOTION TO TABLE RESOLUTION NO. 430 – FAILED BE IT RESOLVED, that Resolution No. 430 be tabled for further discussion. Vote: 4-2. Noes. Larison, Gifford. RESOLUTION NO. 430 Motion by Fagan, Second by Slusser. RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 PROVIDING FOR PARTIAL EXEMPTION FROM TAXATION BY THE COUNTY OF SCHUYLER OF REAL PROPERTY RECEIVING THE INFRASTRUCTURE EXEMPTION - FAILED WHEREAS, Local Law Intro. No. 5/Local Law No. of the Year 2006 Providing for partial exemption from taxation by the County of Schuyler of Real Property receiving the Infrastructure Exemption was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held December 11, 2006 at 7:05 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. 5/Local Law No. of the Year 2006, 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. of the Year 2006, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. OF THE YEAR 2006 A local law providing for partial exemption by the County of Schuyler of Real Property Receiving the Infrastructure Exemption. Be it enacted by the County Legislature of the County of Schuyler, as follows: SECTION 1: LEGISLATIVE INTENT. The purpose of this Local Law is to provide real estate tax relief to real property receiving the Infrastructure Exemption to those municipalities who have adopted a local land use law that will be affected by this local law. SECTION 2: LEGISLATIVE AUTHORITY. This Local Law is enacted pursuant to the provisions of Section 485-g of the RPTL of the State of New York. SECTION 3: SHORT TITLE. This Local Law shall hereafter be known as the Infrastructure Exemption Law. SECTION 4: REAL PROPERTY TAX EXEMPTION. A. Residential building lots which are part of a subdivision plat for residential development which includes infrastructure intended to be dedicated to the municipal corporation or a special district thereof in accordance with the provisions of this section shall be exempt from taxation to the extent of the increased assessed value of such lots resulting from the addition of such infrastructure for a period until the issuance of a certificate of occupancy but in no event longer than three years from granting of the exemption herein, which certifies that a residence is constructed on a building lot in such subdivision. Such exemption shall be the value of the infrastructure proportionately applied to each of the lots in the subdivision. Upon issuance of the certificate of occupancy but in no event longer than three years from granting of the exemption herein, the exemption provided by this subdivision shall lapse. B. For purposes of this section infrastructure shall be comprised of the following public facilities which are intended to be dedicated to the municipal corporation or a special district thereof: streets, storm and sanitary sewers, drainage facilities and any other facilities required by the municipality to be installed in such residential subdivision as noted on the filed plat plan for such residential subdivision. SECTION 5: APPLICATION PROCESS. A. Such exemption shall be granted only upon application by the owner of the real property on a form prescribed and made available by the office of real property services. The applicant shall file the information as required by the office of real property services. The application shall be filed with the assessor of the appropriate assessing unit. Such application shall be filed on or before the appropriate taxable status date of such assessing unit and not later than one year from the date of completion of such construction, installation or improvement. On approved subdivision lots in which such infrastructure has been completed as of the effective date of the local law or school district resolution providing that the exemption under this section shall be ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 179 applicable within its jurisdiction and for which a certificate of occupancy has not been issued, application shall be made within one year from the effective date of such local law or school district resolution. B. If the assessor receives an application by the owner of the real property, and is satisfied that the applicant is entitled to an exemption pursuant to this section, the assessor shall approve the application and such real property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared after the taxable status date referred to in subdivision A of this section. The assessed value of any exemption granted pursuant to this section shall be entered by the assessor on the assessment roll with the taxable property, with the amount of the exemption entered in a separate column. SECTION 6: VALIDITY. If any section, subsection, paragraph, clause, sentence or phrase of this Local Law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion thereof. SECTION 7: EFFECTIVE DATE. This Local Law shall take effect immediately. Vote: 2-4. Noes. Yuhasz, Slusser,Fagan, Bleiler. RESOLUTION NO. 431 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO CHARGED ON THE JANUARY, 2007, 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 2007 Town and County tax bill, per Town resolution No. 213, 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, 2007, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. Vote: 6-0. RESOLUTION NO. 432 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2007, 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 2007 Town and County tax bills as shown in the Town of Reading Resolution No. 63. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading be added to the January, 2007, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 Vote: 6-0. RESOLUTION NO. 433 Motion by Fagan, Second by Slusser. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2006 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWN OF 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 2006 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Town of Tyrone, in the County of Schuyler, and State of New York for the budget year 2007 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 County Courthouse, 105 Ninth Street, Watkins Glen on December 11th at 7:00 P.M. to hear and consider any objections pertaining to said assessment roll, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 180 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 11th day of December, 2006, 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 2006 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, the Attorney for said Lakes’ Protection and Rehabilitation District, the Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben County Legislature. Vote: 6-0. RESOLUTION NO. 434 Motion by Fagan, Second by Slusser. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2007 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 2007, 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 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; Attorney for the Lakes’ Protection and Rehabilitation Districts; the Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the Steuben County Legislature. Vote: 6-0. RESOLUTION NO. 435 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE AND FILL TWO ASSESSOR POSITIONS – REAL PROPERTY TAX – AS AMENDED BY RESOLUTION NO. 59-07 WHEREAS, Schuyler County will be contracting to provide assessment services to the Towns of Catharine, Dix, Montour, Orange, Reading & Tyrone commencing in 2007, and WHEREAS, it is the recommendation of the County Administrator that two Assessor positions, one full- time and one part-time, be created within the Real Property Tax Service Agency, and WHEREAS, the County Administrator and the Human Resources Director have completed the following factor rating for the position of Assessor: I Accountability 60 II Complexity of Duties 60 III Experience/Knowledge 80 IV External Contacts 45 V Independent Judgment 100 VI Internal Contact 60 VII Impact on Programs/Adm 75 VIII Interpersonal Skills 80 IX Supervision/Leadership 75 TOTAL 635 = Grade G. NOW, THEREFORE, BE IT RESOLVED, the Management/Confidential Salary Plan be amended to ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 181 reflect the addition of the assessor position with the above factor rating in salary grade G, and “BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Real Property Tax Director to create and fill one part time assessor position at 9 hours a week, in Grade Level G of the Management/Confidential Salary Plan in a salary range of $39,381 (minimum) - $48,888 (mid-range), on or after January 1, 2007, with funding already present in the department’s 2007 budget, and” BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Real Property Tax Director to create and fill one full time assessor position at 35 hours a week, in Grade Level G of the Management/Confidential Salary Plan in a salary range of $39,381 (minimum) - $48,888 (mid-range), on or after October 1, 2007, with funding already present in the department’s 2007 budget. DISCUSSION: Legislator Bleiler asked County Administrator O’Hearn for an update on the Town of Hector’s status of participation in the County Wide Assessment. Administrator O’Hearn replied that at this point they were not participating, but they will be meeting again and he would provide any updates afterwards. Vote: 6-0. RESOLUTION NO. 436 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CREATION AND FILLING OF AN ASSESSMENT AIDE – REAL PROPERTY TAX – AS AMENDED BY RES. NO. 463-06 WHEREAS, Schuyler County will be contracting to provide assessment services to the Towns of Catharine, Dix, Montour, Orange, Reading & Tyrone commencing in 2007, and WHEREAS, it is the recommendation of the County Administrator that an Assessment Aide position be created within the Real Property Tax Service Agency. NOW, THEREFORE, BE IT RESOLVED, that the Real Property Tax Director be hereby authorized to create and fill one Assessment Aide position in Salary Grade X, to work 25 hours a week, at an hourly rate as set forth in the Administrative Unit contract, effective January 1, 2007. Vote: 6-0. RESOLUTION NO. 437 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH WEILER MAPPING INC. FOR TAX MAP SERVICES – REAL PROPERTY TAX AGENCY – AS AMENDED BY RESOLUTION NO. 231-07 WHEREAS, the county contracts with Weiler Mapping, Inc. for the maintenance of tax maps, and WHEREAS, the contract is up for renewal for the 2007 calendar year, and WHEREAS, the provisions of the contract have been scaled back to include only map maintenance and a fee for hosting an Internet Map Server. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Weiler Mapping, Inc. for the term of January 1, 2007 through December 31, 2007, in the amount of $14,300, funding available in the 2007 budget account no. 1355.577-Tax Maps; subject to approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 438 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR COST ALLOCATION PURPOSES – VARIOUS DEPARTMENTS WHEREAS, the 2005 Cost Allocation Plan prepared by Venesky & Company has increased allocations to both the Information Technology Department and Records Management, and WHEREAS, the 2006 should be amended to reflect the true costs associated with these departments. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$23,750 6010.479 Records Management-Social Services +$23,750 1460.1289 Other Gen. Dept. Income – Records Management +$29,750 6010.435 Professional Fees & Services – Social Services +$19,196 4010.532 Public Health – Computer Services 1,732 4310.532 Mental Health – Computer Services +$50,678 1680.1289 Other Gen. Dept. Income-Information Technology, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 182 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign amendments to the contracts for Information Technology and Records Management for the departments listed above, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 439 Motion by Fagan, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act (HAVA 2002) certain election functions are to be consolidated at the county level, and WHEREAS, Election Inspectors need to now be appointed by the local Board of Elections and acknowledged by the County Legislative Body by resolution, and WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of seven 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, 2006 through July 14, 2007: Linda Arcangeli Barbara Cilley Karen Solomon Doris Karius Cliff Yaw Janis Liu Bonnie Seeley and BE IT FURTHER RESOLVED, that Party Election Inspectors are approved by each party and appointed by the Board of Elections to be acknowledged by the County Legislative Body by Resolution, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of the following two individuals as Schuyler County Party Inspectors for a one-year term commencing July 15, 2006 through July 14, 2007: Julie Smith William MacNamara Vote: 6-0. RESOLUTION NO. 440 Motion by Fagan, Second by Yuhasz. RE: SET REIMBURSEMENT RATES FOR COUNTY DEMOCRATIC AND REPUBLICAN PARTY INSPECTORS AND CHAIRPERSON INSPECTORS – BOARD OF ELECTIONS WHEREAS, pursuant to Article 5-g of the General Municipal Law and the Help America Vote Act (HAVA 2002) certain election functions are to be consolidated at the county level, and WHEREAS, Democratic and Republican Party Inspectors were paid $25 for each machine inspected for both the Primary and the General Election, and the Chairperson Inspectors were paid $25 each election by the towns, and WHEREAS, it is the recommendation of the Board of Election Commissioners that said inspectors be paid the same rate as they have been from the towns. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Democratic and Republican Party Inspectors working for the county to be paid the rate of $25 for each machine inspected for both the Primary and General Election, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairperson Inspectors working for the county to be paid the rate of $25 for both the Primary and the General Election. Vote: 6-0. RESOLUTION NO. 441 Motion by Fagan, Second by Yuhasz. 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, 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. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 183 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 Schuyler 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: 6-0. RESOLUTION NO. 442 Motion by Fagan, Second by Yuhasz. RE: AMEND RESOLUTION NO. 378-06 TITLED “RECOGNITION OF THE BIFURCATION OF THE SCHUYLER COUNTY DEPUTY SHERIFF’S ASSOCIATION” WHEREAS, Resolution No. 378-06 recognized the division of the Deputy Sheriffs Association into two new collective bargaining units, and WHEREAS, at a meeting of the newly created Correction Officers group on December 7, 2006, they voted to have their unit be titled the “Schuyler County Correction Officers Benevolent Association”. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 378-06 be amended to change the title “Schuyler County Correction Officers/Administrative Unit” to “Schuyler County Correction Officers Benevolent Association”. Vote: 6-0. RESOLUTION NO. 443 Motion by Fagan, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR FISCAL ADVISORS – TREASURER’S OFFICE WHEREAS, Resolution No. 113-06 authorized an agreement with Allardice & Associates for the Office Reallocation Capital Project, and WHEREAS, services have been provided in the amount of $4,370.46 regarding various financial aspects of the proposed building project, and WHEREAS, said expenses were incurred prior to the formation of the Human Services Local Development Corporation and there are no funds available in the budget to cover said costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $4,370.46 from Contingency account no. 1990.500 into account no. 1325.435-Professional Fees and Services to pay for said services. Vote: 6-0. RESOLUTION NO. 444 Motion by Yuhasz, Second by Larison. RE: MOTION TO BRING TWO RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two Resolutions be brought to the floor. Vote: 6-0. RESOLUTION NO. 445 Motion by Larison, Second by Yuhasz. RE: TWO-YEAR APPOINTMENTS TO THE SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the Schuyler County Planning Commission for the term January 1, 2007 through December 31, 2008, to wit: PLANNING COMMISSION Richard Owlett, Town of Catharine Alvin White, Town of Hector Deborah Cox, Town of Montour Nancy Whipple, Town of Orange Linda Arcangeli, Village of Burdettt Jeff Greuber, Village of Odessa Wayne Weber, Village of Watkins Glen Bill Kelly, Medical Vote: 6-0. RESOLUTION NO. 446 Motion by Larison, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR OFFICE FOR THE AGING DEPUTY DIRECTOR ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 184 BE IT RESOLVED, that this Legislature acknowledge the appointment by Tamre Waite, Office for the Aging Director, of Sheila LaFever as Deputy Director at an annual salary of $36,500, effective December 14, 2006, said position is in Grade Level F of the Management/Confidential Salary Plan. Vote: 6-0. NEW BUSINESS: Appointment of Elections Commissioners by Respective Party Legislators. All Republican Legislators were in favor of re-appointing Joseph Fazzary as the Republican Board of Elections Commissioner for the term January 1, 2007 through December 31, 2008. All Democratic Legislators were in favor of re-appointing John Vona as the Democratic Board of Elections Commissioner for the term January 1, 2007 through December 31, 2008. UNFINISHED BUSINESS: a. Tabled Resolution No. 371-06 titled ”AUTHORIZE GRANT APPLICATION FOR THE LAMOKA/WANETA LAKES ONSITE WASTEWATER SYSTEM IMPROVEMENT PROGRAM – TABLED b. Tabled Resolution No. 383-06 titled “AUTHORIZE DECREASING THE HOURS OF THE SERVICE AIDE POSITION FROM FULL-TIME TO PART-TIME – OFFICE FOR THE AGING - TABLED REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the recent Ag & Farmland Protection Board meeting that he recently attended. At the meeting he told the Board that the proposed Local Law (485G) had been withdrawn, but it seems that he gave them the wrong information. They discussed the plan for preservation of all Agricultural land, funding for that purpose, and will be very active in encouraging protection. They also are 100% in support of the Town of Dix and their plan for protection of the Agricultural land. Legislator Slusser provided a brief update on the CSEA Administrative Unit Negotiations and stated that it seemed they were at an impasse. Legislator Fagan provided an update on the Transportation Steering Committee, stating that they recently had met. He provided a summary of the open house and recent meeting comments. He also discussed an overview of the current Chemung County Transit services, passenger services findings and service alternatives. The purpose of the meeting was reviewed and he stated that there was existing services to Cornell, but they were looking at alternatives. They have been discussing the Feasibility of the T-CAT and Chemung Transit Services extension. Also, there was some discussion of maximizing both services through the possibility of expanding service routes. They have found that they need more input for the more needy public members. They will need additional input from the general public too. The Retired Senior Volunteers are trying to get more comments from seniors and doing a great job at it. The Social Service Department is involved in getting more information too. He also noted that he felt David Sharfarz from Nelson Nygaard was very sharp and feels like we did a great job getting him as a consultant. The Department of Transportation and others are in agreement with what he is saying, but we would still like to spend more time getting input from the community. So the needs assessment may take longer, but that is alright. COUNTY ADMINISTRATOR’S REPORT: County Administrator O’Hearn reported that, to date, there are 130 County Employees enrolled in the upcoming Schuyler Steps Out walking Program. He has encouraged everyone to participate and is very excited with the number of enrollees. It will be kicked off on this Friday at 10:00 am when group leaders will pick up pedometers and packets from Schuyler Hospital. Legislator Yuhasz asked how many miles people were expected to walk a day. Administrator O’Hearn replied that participants were being encouraged to walk at least five miles a day. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:25 P.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 185 YEAR END MEETING DECEMBER 27, 2006 The December 27, 2006 Year End Meeting of the Schuyler County Legislature was called to order at 9:30 a.m. by Chairman Gifford. The Pledge of Allegiance was led by Chairman Gifford in Legislator Slusser absence at the beginning of the meeting and followed by a Moment of Silence. All Legislators were present except Legislators Karius and Bleiler who were excused. County Attorney Coleman and County Administrator O’Hearn were also present. PUBLIC PARTICIPATION: Alan Hurley stood and stated that he had an issue to bring to the Legislative Board. He stated that it was his opinion that the purchase of the former Jamesway Building site located in Montour Falls was not in the best interest of the public. He had some questions about this potential purchase such as; how will this affect the County’s tax rate and is the Legislature selling the Montour Falls Rural Urban Center Building and then purchasing the Jamesway site? In a tax payer’s view, what is the difference in taxes? In the business view, how will this affect the Empire Zone? He also felt the intent for the County would be to promote economic growth within the County. He went on to say that he was currently working on a business plan for the Empire Zone, but had not decided on a site for his proposed business. However, the site he was looking at was the Jamesway building. He went on to say that he had been talking to the public and that he was finding that there were some people in the County that were disgruntled with the idea of the County purchasing the Jameway building site. He asked if the Board could please look at this better before making a decision. Legislator Slusser said, for the record, that the Legislature had not gone into this without looking at the tax roll, employees and everything else. They have studies this proposal for more that two years now. Legislator Larison agreed with Legislator Slusser and also stated that they had looked at all of this and it was part of their job as a Legislator. Tim Bauman stood and stated that he was a Schuyler County Taxpayer and he was present to support Mr. Hurley. He asked about the Business Park that was built and asked why it has been vacant. He felt that nothing was being done. Chairman Gifford stated that this is a different area than what was being discussed and taxes were being paid on the site. Mr. Hurley stated that there was also an issue of jobs in the area. He said that a lot were based on tourism, but he felt the County needed year round jobs in the private and public sector. He asked if the sale of the Rural Urban Center would offset the costs that will occur with the purchase of the Jamesway building such as; bringing the building up to ADA standards and the high ceilings which will mean increased utility costs. He then stated that he was here to help the Legislature. However, he feels it is a bad decision to buy the building. He also feels it will be preventing economic growth and will be setting up the County for failure. He would like it looked into more and answers to the questions and concerns made public. RESOLUTION NO. 447 Motion by Larison, Second by Bingell. RE: APPROVE MINUTES OF THE DECEMBER 11, 2006 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE - TABLED BE IT RESOLVED, that the minutes of the December 11, 2006 Regular Meeting of the Schuyler County Legislature be approved. DISCUSSION: Legislator Larison felt this Resolution needed to be tabled so that the legislators had more time to read the minutes prior to approving them. Vote: 5-1. Noes. Slusser. RESOLUTION NO. 448 Motion by Larison, Second by Bingell. RE: APPROVE ALTERNATIVE TO INCARCERATION SERVICE PLAN FOR 2007 – PROBATION DEPARTMENT WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the year 2007, 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. NOW, THEREFORE, BE IT RESOLVED, that the year 2007 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 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 186 BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New York State Division of Probation and Correctional Alternatives for approval. Vote: 6-0. RESOLUTION NO. 449 Motion by Larison, Second by Bingell. RE: AUTHORIZE CONTRACT RENEWALS FOR 2007 WITH SOCIAL SERVICES, MENTAL HEALTH, PUBLIC HEALTH, PROBATION AND OFFICE FOR THE AGING FOR THE FAMILIES FIRST PROGRAM-YOUTH BUREAU 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, Probation, and Office for the Aging) have money in their respective budgets to support the Families First program for the year 2007. 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 2007, subject to the approval of the Schuyler County Attorney: Department of Social Services Mental Health Public Health Probation Office for the Aging Vote: 6-0. RESOLUTION NO. 450 Motion by Larison, Second by Bingell. RE: AUTHORIZE AN APPLICATION TO THE ROYCE HAIGHT BOOTH YOUTH FUND FOR THE FAMILY PLAY AND RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed for contracting program development and oversight, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, the Youth Bureau would like to apply to the Royce Haight Booth Youth Fund which offers funding between $500.00 and $3,000, and there is no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is 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. 451 Motion by Larison, Second by Bingell. RE: AUTHORIZE CERTIFICATION OF THE 2005 COST ALLOCATION PLAN – SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2005 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 2007, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the plan to the New York State Office of Temporary and Disability Assistance. Vote: 6-0. RESOLUTION NO. 452 Motion by Larison, Second by Bingell. RE: AUTHORIZE A CONTRACT AMENDMENT TO THE 2006 ARC MEDICAL TRANSPORTATION AGREEMENT – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has a contract with the Schuyler ARC for transportation of Medicaid recipients, and WHEREAS, this contract has currently increased over the allotted amount for 2006, and WHEREAS, the Department has money available to cover the increase through 2006. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amendment to the contract between the County’s Department of Social Services and the Schuyler ARC ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 187 in the amount of $15,000, funding available in account 6101.400, subject to approval of the and County Attorney. Vote: 6-0. RESOLUTION NO. 453 Motion by Larison, Second by Bingell. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR HEAP - DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services projects that the 2006 HEAP program will exceed its current budget, and WHEREAS, HEAP benefits are reimbursed with 100% Federal aid. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the Department of Social Services 2006 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$200,000 6141.400 HEAP Expenditures +$200,000 6141.4641 Federal Aid - HEAP Vote: 6-0. RESOLUTION NO. 454 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR PERSONAL SERVICES – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic has seen an increase in the volume of its services in 2006, and WHEREAS, this has resulted in an increase in salaries to provide these services, and WHEREAS, there has been a corresponding increase in fee for service revenue. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2006 Community Services budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$25,000 4310.100 Personal Services +$25,000 4310-1620 Mental Health Fees Vote: 6-0. RESOLUTION NO. 455 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH JESSICA STALICA FOR SPECIAL EDUCATION SERVICES FOR EARLY INTERVENTION - PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention services for Children, and, WHEREAS, Jessica Stalica is approved as a provider of special education services for the blind and visually impaired, and WHEREAS, rates paid for Early Intervention services provided under this agreement 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 an agreement with Jessica Stalica for special education services for Early Intervention, effective December 1, 2006 through December 31, 2007, at rates established by the New York State Department of Health, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote: 6-0. RESOLUTION NO. 456 Motion by Yuhasz, Second by Bingell. RE: AUTHORIZE CONTRACT WITH YATES COUNTY PUBLIC HEALTH FOR REGIONAL PUBLIC HEALTH EMERGENCY PLANNING - PUBLIC HEALTH WHEREAS, the Public Health Departments in the counties of Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne and Yates wish to collaborate on a regional Public Health Emergency Planning Project, and WHEREAS, each participating county has agreed to designate a portion of their emergency planning grant funds towards this project in order to fully fund the regional project staff and activities, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 188 WHEREAS, the funds will be used to enter into a sub-contract with the S2AY Rural Health Network to provide the staff, supplies and supervision for the project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with each of the participating counties for its portion of the project funding of $10,000, for the period August 31, 2006 through August 31, 2007, funds being provided through the 2006 - 2007 Bioterrorism grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Public Health office and the Schuyler County Treasurer. Vote: 6-0. RESOLUTION NO. 457 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2006 BUDGET FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH WHEREAS, the Early Intervention Program has an increase in the number of children expected to require services, and WHEREAS, there will be an increase in revenue. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2006 Early Intervention budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $30,000 4054.490 Contractual Expense + $30,000 4054.1621 Revenue Vote: 6-0. RESOLUTION NO. 458 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS - COMMUNITY SERVICES BOARD WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, major repairs have recently taken place at the Mill Creek Center building involving the updating of the Heating / Venting / Air Conditioning (HVAC) system, and WHEREAS, the bills for these repairs should be paid from the Community Services Board account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $1,058.00 from the Community Services Board Reserve Account to account no. 4310.426-Maintenance of Equipment, for repairs at the Mill Creek Center building. Vote: 6-0. RESOLUTION NO. 459 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS WHEREAS, there have been some requests to transfer funds made through the County Administrator’s Office that require a Resolution to be done due to the transfer going from one budget to another. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the following in the 2006 budgets: HIGHWAY DEPARTMENT AMOUNT BUDGET ACCOUNT NO. -$25,000 Bridges 5120.545-CR 14 Bridge +$25,000 Permanent Improvements 5112.571-Reconstruction CR 27 SHERIFF’S DEPARTMENT AMOUNT BUDGET ACCOUNT NO. -$50,000 Sheriff 3110.100-Personnel +$50,000 Jail 3150.102-Personnel PT -$7,000 Sheriff 3110.100-Personnel +$7,000 Jail 3150.100-Personnel Vote: 6-0. RESOLUTION NO. 460 Motion by Bingell, Second by Larison. ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 189 RE: DEDICATION OF 2006 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. NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the County of Schuyler for the year 2006" contain a tribute to James Howell (former Watershed Inspector), Janet Meaney (former Sr. Staff Social Worker), Judy Croft (former Services Aide), Francis Gingrich (former Medicaid Super./Managed Care Coordinator), and Daryl L. Slusser (former Legislator), subject to any other retirements effective by December 31, 2006. Vote: 5-0. Abstain Slusser. RESOLUTION NO. 461 Motion by Bingell, Second by Larison. 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 2006 accounts, to wit: 2006 Budget Transfers per year end meeting resolution Department To From 1010.100 $3,500.00 1010.401 $209.79 1010.402 $556.62 1010.409 $780.80 1010.410 $912.30 1010.428 $200.00 1010.430 $105.84 1010.431 $163.87 1010.433 $547.24 1010.439 $133.19 1010.440 $109.51 1165.200 $153.28 1165.328 $390.30 1165.407 $530.40 1165.410 $224.21 1165.416 $285.80 1165.431 $653.44 1165.433 $47.72 1165.435 $3,175.81 1165.439 $37.37 1165.443 $19.26 1165.530 $147.86 1170.435 $20,071.30 1185.400 $299.60 1185.409 $103.00 1185.430 $98.73 1185.431 $250.00 1230.100 $650.16 1230.212 $199.90 1230.328 $18.97 1230.402 $245.00 1230.409 $207.68 1230.433 $502.64 1230.439 $418.42 1450.100 $3,500.49 1450.402 $1,675.38 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 190 1450.408 $1,085.82 1450.409 $509.45 1450.410 $644.10 1450.417 $400.00 1450.426 $1,414.23 1450.430 $1,143.02 1450.431 $141.14 1450.433 $5,602.74 1450.434 $15,700.36 1450.435 $13,412.80 1450.439 $441.91 1460.100 $80.27 1460.410 $22.75 1460.428 $1,169.50 1460.431 $12.87 1460.433 $15.00 1460.439 $28.20 1620.101 $1,228.96 1620.400 $549.00 1620.427 $133.71 1620.431 $29.06 1620.439 $61.60 1620.441 $42.66 1620.442 $17,884.89 1620.448 $58.64 1620.449 $59.60 1640.309 $0.24 1640.457 $198.68 1640.488 $48.94 1640.526 $154.30 1640.529 $0.76 1680.200 $1,939.85 1680.403 $122.00 1680.409 $0.75 1680.410 $318.08 1680.431 $100.74 1680.433 $75.00 1680.439 $240.14 1910.419 $115,824.18 1910.423 $11,377.67 3110.101 $4,933.06 3110.102 $4,021.30 3110.118 $8,142.70 3110.201 $7,867.15 3110.204 $130.43 3110.213 $987.25 3110.309 $413.17 3110.317 $26,572.64 3110.328 $7.40 3110.401 $498.00 3110.418 $1,700.00 3110.426 $848.01 3110.432 $418.24 3110.434 $258.00 3110.439 $895.62 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 191 3110.440 $100.00 3110.441 $487.70 3110.444 $951.57 3110.453 $612.08 3110.459 $686.44 3110.537 $1,102.48 3150.100 $40,182.09 3150.101 $43,057.90 3150.102 $38,828.39 3150.119 $17,848.92 3150.201 $181.52 3150.401 $1,011.35 3150.402 $6.72 3150.410 $1,157.63 3150.411 $1,450.96 3150.418 $4,786.00 3150.429 $1,740.68 3150.431 $73.04 3150.433 $828.76 3150.434 $224.00 3150.439 $128.29 3150.441 $112.84 3150.442 $3,098.92 3150.445 $1,461.20 3150.449 $139.70 3150.454 $19.61 3150.456 $13,920.00 3150.457 $3,033.35 3150.459 $44.61 3150.501 $1,800.00 3150.539 $215.05 3510.100 $348.08 3510.101 $282.52 3510.102 $4,415.88 3510.200 $34.84 3510.201 $29.76 3510.400 $3,529.51 3510.442 $168.34 3510.576 $2,000.00 3510.603 $367.38 3689.100 $1,971.40 3689.200 $5,767.20 3689.328 $33.15 3689.403 $190.00 3689.407 $2,595.02 3689.410 $185.86 3689.426 $172.46 3689.431 $598.14 3689.433 $100.11 3689.435 $3,374.40 3689.438 $9,325.17 3689.439 $9.79 3689.440 $93.05 3689.442 $921.39 3689.444 $196.12 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 192 3689.458 $125.80 3689.467 $112.00 3689.531 $1,125.44 3689.597 $2,000.00 3689.599 $10,000.00 4010.100 $3,484.58 4010.101 $1,438.06 4010.278 $149.95 4010.308 $45.42 4010.328 $535.20 4010.400 $6,503.42 4010.402 $2,166.96 4010.403 $260.50 4010.407 $2.20 4010.410 $2,805.77 4010.418 $3,208.00 4010.426 $500.00 4010.429 $212.68 4010.430 $481.81 4010.431 $1,545.32 4010.433 $225.21 4010.435 $950.00 4010.439 $278.34 4010.440 $939.08 4010.442 $1,242.39 4010.444 $242.84 4010.446 $1,999.09 4010.459 $2,000.00 4010.468 $160.00 4010.470 $15.00 4010.471 $554.10 4010.472 $500.00 4010.478 $47.74 4010.490 $34,122.52 4010.532 $6,841.88 4010.588 $500.00 4050.100 $14,198.33 4050.328 $136.74 4050.410 $306.91 4050.418 $118.00 4050.426 $250.00 4050.431 $479.68 4050.433 $218.52 4050.439 $242.57 4050.444 $29.91 4050.459 $41.07 4050.476 $971.73 4050.478 $23.80 4054.490 $25,125.00 4310.100 $24,009.95 4310.101 $187.66 4310.328 $3.05 4310.385 $3,524.47 4310.402 $421.90 4310.403 $185.00 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 193 4310.410 $2,586.31 4310.417 $78.64 4310.418 $2,701.00 4310.426 $1,027.80 4310.429 $82.34 4310.431 $1,545.59 4310.433 $271.00 4310.435 $56,997.79 4310.439 $209.98 4310.440 $799.54 4310.442 $1,512.94 4310.444 $393.72 4310.446 $73,415.04 4310.534 $854.67 6010.100 $6,801.54 6010.101 $10,141.74 6010.115 $2,139.91 6010.200 $135.71 6010.201 $191.00 6010.212 $190.62 6010.308 $3,057.42 6010.309 $7,553.16 6010.313 $1,459.55 6010.328 $111.44 6010.334 $1,466.49 6010.338 $218.00 6010.339 $500.00 6010.356 $1,586.00 6010.370 $11,990.44 6010.382 $200.00 6010.387 $1,486.00 6010.395 $4,853.46 6010.401 $176.71 6010.402 $1,434.02 6010.403 $80.00 6010.407 $479.20 6010.410 $3,652.36 6010.418 $6,333.00 6010.426 $42.22 6010.431 $535.83 6010.433 $2,862.96 6010.435 $4,850.00 6010.439 $3,136.00 6010.440 $1,512.22 6010.444 $2,812.51 6010.459 $1,413.00 6010.480 $260.00 6010.481 $894.00 6010.482 $651.00 6010.484 $57,972.11 6010.485 $617.50 6010.552 $13,805.96 6010.553 $1,100.00 6010.554 $449.24 6010.566 $16,632.84 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 194 6010.592 $694.00 6010.593 $2,428.00 6141.400 $169,098.03 6410.400 $84,284.99 6410.436 $53,500.00 6510.100 $569.00 6510.410 $161.23 6510.426 $171.86 6510.430 $94.55 6510.431 $14.88 6510.433 $70.82 6510.435 $91.20 6510.439 $182.67 6510.454 $9.99 6510.459 $175.85 6610.100 $264.07 6610.409 $1.24 6610.431 $0.69 6610.487 $0.02 6772.100 $31,109.12 6772.101 $36.42 6772.200 $17,114.94 6772.278 $8,275.00 6772.309 $1,613.28 6772.328 $1.84 6772.400 $18.00 6772.401 $157.73 6772.433 $119.78 6772.438 $0.38 6772.439 $73.75 6772.440 $122.64 6772.442 $113.82 6772.444 $0.34 6772.454 $323.30 6772.457 $492.82 6772.490 $32.77 7110.100 $3,110.62 7110.427 $506.81 7110.442 $121.84 7510.400 $82.81 7989.400 $46,554.30 9010.801 $50,492.79 9050.805 $11,053.84 9055.806 $12,518.24 9060.807 $21,085.78 9060.809 $1,989.83 9060.810 $3,325.00 9060.811 $22,000.00 9089.800 $169.50 TOTAL General Fund $763,790.66 $763,790.66 5020.400 $9,452.03 5110.100 $47,353.75 5112.571 $1,936.26 5112.572 $2,478.96 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 195 5120.545 $36,922.46 5142.100 $4,604.00 5142.101 $19,694.54 TOTAL County Road $61,221.00 $61,221.00 Department To From 5130.100 $6,252.35 5130.101 $2,121.80 5130.309 $256.31 5130.438 $613.63 5130.441 $17.67 5130.442 $3,540.41 5130.453 $0.10 5130.488 $363.25 5130.526 $992.81 5130.529 $2.72 5131.100 $300.24 5131.442 $3.13 9040.803 $806.46 9055.806 $28.46 TOTAL Machinery $7,649.67 $7,649.67 , and BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund balance as determined by the Schuyler County Treasurer. Vote: 6-0. RESOLUTION NO. 462 Motion by Bingell, Second by Larison. RE: ACCEPT/REJECT BIDS FOR ONE 2000 CHEVROLET C6500 USED ROLLBACK – HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of a Rollback Truck, and WHEREAS, advertisement for bids of the same where made and opened at the bid opening on December 13, 2006, and WHEREAS, there was one bid opened and read aloud. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Schuyler County Highway Superintendent, the Schuyler County Legislature accept the following bid from Parmenter Inc. for a 2000 Chevrolet, C6500 used Rollback in the amount of $27,600; funds available in the 2006 budget account number 5130.284. Vote: 6-0. RESOLUTION NO. 463 Motion by Bingell, Second by Larison. RE: AUTHORIZE AMENDING RESOLUTION NO. 436-06 TITLED “AUTHORIZE CREATION AND FILLING OF A PART-TIME ASSESSMENT AIDE – REAL PROPERTY TAX” WHEREAS, Resolution No. 436 authorized the creation of a part-time Assessment Aide position, and WHEREAS, said position will actually be working 25 hours a week. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 436-06 be amended to remove the word Part-Time from the title and the body of Resolution, and ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 196 BE IT FURTHER RESOLVED, that the Now, Therefore, Be It Resolved clause in the Resolution shall now read as follows in bold: “NOW, THEREFORE, BE IT RESOLVED, that the Real Property Tax Director be hereby authorized to create and fill one Assessment Aide position in Salary Grade X, to work 25 hours a week, at an hourly rate as set forth in the Administrative Unit contract, effective January 1, 2007”. Vote: 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Legislator Fagan said he would like to respond about the earlier comment regarding the Business Park made by Tim Bauman. He said it takes a lot of hard work to get individuals, businesses and new tenants into a Business Park. He sits on the SCOPED Board and there are currently a few potential businesses that are being considered. Sometimes it takes five years or more to land tenants into a Business Park, but everyone could be reassured that they were doing everything that could be done and hoped to see Businesses in the Park within the next few years. PUBLIC PARTICIPATION: Alan Hurley wanted to say that he applauded everyone for doing there job, but reminded everyone that the State has tax credits available for businesses and had copies of some of the credits in his hand that he had found on the internet. He felt there was a need to look at business opportunities and that he was doing what he could do by going to Albany and discussing opportunities that are available. He then said there was money for tax credits and that he was asking for help. He said that the Legislature and himself need to work together. He ended by again saying that the Jameway site was not a good idea. Tim Bauman spoke again and said he was not trying to offend anyone for not doing their job, but he would like to see it go faster also. Legislator Fagan stated that the Legislature also wants to see the Tax base increase, see higher paying jobs come to the area and that they were working on it. Chairman Gifford reminded everyone that it was not just the Legislature working on it, but a lot of other entities were working on it too such as; SCOPED and the Chamber of Commerce. There had been interest in the Business Park, but most recently there had been even more viable ones. Mr. Hurley stated that maybe some businesses should be reviewed to see about going into the Business Park. He said it seemed to him that the small businesses were being shot down when they were looking at going into the Business Park. He said that maybe if there were less restrictions, that would help with this issue. He felt they needed to look at what the intent of the Business Park was for. Chairman Gifford said they had looked at it and the Business Park was a SCOPED issue and not up to the Legislature to say what can or can not be in the Business Park. Mr. Hurley said he had submitted a Business Plan that was not done and SCOPED had voted against his business proposal stating that it was not good for the Park. He wondered how they could do that when the Business Plan was not even complete. Several Members of the Legislature responded by saying that maybe that was the reason, that it was not complete. Legislator Larison informed the Chairman that he felt that this was not the place for a debate of this nature. MOTION by Legislator Larison to go into Executive Session to discuss Property Acquisition and Labor Negotiations, SECOND by Legislator Yuhasz. Motion carried six ayes to zero noes. MOTION by Legislator Yuhasz to come out of Executive Session, SECOND by Legislator Larison. Motion carried six ayes to zero noes. The Meeting adjourned at 10:38 A.M. Stacy B. Husted, Clerk Sharlene A. Parker, Deputy Clerk ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 197 A Abandoned/Surplus Highway Right Of Way, 76 Abolish Position Treasurer's Office, 86 Adoption Deferred Compensation Plan, 117 Equalization Rates, 156 Revised Fee Public Health, 27 Ag & Farm Lead Agency, 39 Local Match, 39 Ag District, 59, 96 Agreement/Contract./Proposal Sue Collins, DVM, 3 Agreement/Contract/Proposal Affiliated Consultants, 149 All Mode Communications, 131 Allardice & Assoc, 40 Allen Rotto, 121 Amendment Nelson/Nygaard, 127 Ann Clarke, 39, 107 ARC Medical Transporation, 186 Barbara Hislop, 47 Barton & Loguidice, 50 Boarding Prisoners, 37 CASA, 6 Catholic Charaties, 82 Center of Rochester's Health, 125 Charge back Election Expenses, 74 Chargeback Election Expenses, 126 Chocone Builders, 30 Clean Harbors, 44 Commercial Card Program, 14 Community Health, 4 Consultative Medical Examinations, 91 Coon Hollow Bridge, 132 Coordinated Care Services, 48 Coordinator School Support Services, 73 Cott Systems, 16 Coughlin & Gerhart, 172 Council on Alcoholism, 28, 149 County Wide Assessing, 124 Court Security, 37, 43 CR 6 Bridge Replacement, 18 CR23 Culvert, 133 CR6 Bridge Replacement, 36 CSEA, 40 Flowers, 119 Denise Ross, DVM, 3 Deputy Sheriff Association, 29 Diane Habeck, 18 DNA Testing, 114 Eastman Kodak, 60 Edger Change Order, 121 Edger Enterprises, 155 Electronic Home Monitoring, 81 Famalies First Program, 186 Family Play & Resource Center, 115 Finger Lakes Parent Network, 150 FLACRA, 149 Government Payment Services, 44, 81 Gretchen Jacobs, 148 Health Care Compliance, 150 Health Research Inc, 134 Heather Murley, DVM, 4 Honeywell Hommed, 48 Human Service Development Community Services, 125 Hunt Engineers, 6, 22, 52, 177 Impatient Treatment, 58 In Lieu of Rent, 82 Iron Mountain Amendment, 156 Jessica Stalica, 187 Kelly Fitch, 118 Lisa Glasner, 168, 169 Mike Powers, 58 Miller Assoc, 169 Motorola, 164 National Employers council, 20 Nelson/Nygaard, 107 NYS Emergency Management, 128 NYSEG, 30 Occumed of Western New York, 114 PACS Security, 155 Partnership for Youth, 100 Philip Barnes, 139, 164 Real Estate Purchase, 135 Regional Computer, 45 Richard Kwitek, 73 Roy Tietsworth, 49 Shared Records Facility, 159 Stafkings, 14 Stanley Clark, 59 State Aid Level III Sex Offenders, 129 Suite Kote, 62 Swanson Services, 57 Technology Solutions, 59 Town Bridge, 176 Transit Needs, 48 Village Marina, 131 Village Montour Falls, 69 Village of Watkins Glen, 97 VIMS, 129 Walmart Real Property Assessment, 126 Wastewater District, 115 Water Quality Coordinating Committee, 85 Webster Szanyl, LLP, 122 Weiler Mapping, 76, 181 Work Force New York, 101 WTH Technology, 95 Yates County, 187 Youth Center, 46 Annual Implementation Plan OFA, 158 Appointment Alcohol & Substance Abuse Subcommittee, 118 Chairman, 1 Chief Coroner, 2 Chief Voting Machine Custodian, 135 Community Home Care Advisory, 14 Community Home Care Prefessional Advisory, 85 County Administrator, 107 County Auditor, 2 Deputy County Clerk, 3 District Management, 19 Election Inspectors, 90, 105, 125, 182 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 198 Environmental Management Council, 64 HIPPA, 98 Historian, 2 IT Director, 123 Medical Director, 44 Mental Health Subcommittee, 84 Outside Committee, 18, 19, 20, 21, 25, 40 Planning Commission, 50, 91, 183 SCIDA, 64 STC Regional Planning, 79 Voting Machine Custodian, 113 Youth Board, 69, 100, 116 Appropriate Amounts, 157 Appropriate Funds Marchiselli Program, 75 Marchiselli Program Aid, 5 Appropriating Funds Marchiselli Program, 175 Approval/Authorization.Amendment Food Bid Procedure, 126 Approval/Authorization/Amendment Adoption Subsidy Rate, 130 Alternatives to Incarceration, 185 Cost Allocation Plan, 186 Crime Victims Coordinator. To Full Time, 110 Fees Background Checks, 114 Foster Care Mileage Reimbursement, 83 Full Time Assnt District Attorney, 91 Increase Foster Care Rates, 100 Increase Medicaid Transportation, 130 Increase Stipen Exam Monitors, 98 Increasing Hours Insurance Counseling Coordinator, 129 Investigator Hours, 167 Marchiselli Program, 175 Mileage Reinbursement, 12 Para Legal Increased Hours, 167 Point of Entry Program, 89 Rate Excellus Blue Cross Blue Shield, 151 Rate GHI, 151 Rate Vision Care, 151 Royce Haight Booth, 186 Seasonal Rates Marina, 14 Septic System Inspections, 85 Stop DWI Plan 2007, 128 Youth Bureau Resource Allocation Plan 2007, 129 Youth Coordinators Position, 78 Assessment Roll Lamoka/Waneta Lakes, 179 B Bid Asphalt Emulsions, 35 Bank Run & Gravel, 34 Cold Mix Stock Pile, 34 Concrete & Retaining Walls, 32 CR14 Bridge Work, 50 CR5 Bridge Replacement, 49 Crushed Stone, 32 Cty Rte 5 Bridge Replacement, 112 Cty Rte 6 Bridge Replacement, 94 Deferred Compensation, 29 Equipment/Vehicles, 5 Excavator, 20 Fire Alarm testing & Maintenance, 154 Fire Alarm Testing & Maintenance, 131, 154 Galvenized Pipe, 34 Guiderail, 33 Hot Mix Asphalt, 63 Ice Contral Sand, 33 Lamoka/Waneta Lakes, 39 Material Bids, 6 Pavement Markings, 32 Salt Spreaders, 20 Seneca Harbor Park Phase III, 68 Sign & Sign Posts, 31 Steel Pipe, Poly Pipe, Gabion, 31 Structural Maintenance & Repairs, 119 Structure Maintenance, 133 Tires Steel Bleted Radial, 30 Transportation Children with Disabilities, 66 Transportation Preschool Children, 84 Used Rollback Truck, 195 Board of Elections Commissioner, 63 Board of Ethics, 65 Budget Adoption, 157 Budget Alteration, 145 Budget Amendment Community Services, 187 Cost Allocation Purposes, 181 Early Intervention, 26, 188 Emergency Management, 38 Federal Aid Projects, 177 Federal Salary Sharing, 28 HEAP, 82, 187 Highway, 73 Human Resources, 49 Increase in Wages, 177 Medicaid Funding, 134 Medications, 60 NY Connects, 116 Public Defender, 69 Tobacco Awarness Grant, 97 Watershed, 51, 96 Willamee Road Bridge, 177 C Catharine Valley Trail Completion, 124 Compensatioin Deputy Director OFA, 25 D Dedication Proceedings, 189 Public Safety Building, 42 Delegate Authority, 7 Youth Bureau, 182 Deputy Sheriff's Association, 153, 183 Designation Depositories, 1 Legal Newspaper, 1 ---PAGE BREAK--- PROCEEDINGS OF THE YEAR 2006 199 E Environmental Protection Funds, 147 F Filling Position Account Clerk/Keyboard Specialist, 165 Assessment Aide, 181, 195 Assessor Postition, 180 Assnt District Attorney, 41 Board of Elections, 68 Bookkeeper, 28 Caseworker, 166 Confidential Secretary County Administrator, 131 Correction Officer, 164 Deputy Director OFA, 183 Deputy Treasurer, 64 Director OFA, 51 Information Processing Specialist, 15, 50 IT Director, 89 Keyboard Specialist, 83, 165 Medicaid Coordinator, 166 Part Time Cook, 17 PArt Time Keyboard Specialist, 98 Sr Typist Keyboard Specialist, 80 Staff Social Worker, 84 Supervising Caseworker, 168 Temporary Laborer, 51 Watershed Inspector, 52 Fund Authorization Marchiselli Program, 120 Fund Transfer Central Garage, 119 Community Services, 72, 168, 188 Fiscal Advisors, 183 Highway, 132 Sale of Timber, 49 Treasurer, 153 Various Departments, 188, 189 G Grant Aid to Prosecution, 80 Aquatic Invasion Species, 17 Aquatic Invasives Species, 17 Bioterrorism Budget Amend, 125 Byrne Anti Drug, 17 Catharine Valley Trail, 62, 81 Commercial Equipment Direct Assistance, 114 Crime Victims Board, 58, 110 Early Intervention, 135 Homeland Security, 114 Homeland Security/Terrorism Prevention, 113 Immunization, 27 Lamoka/Waneta Lakes Wastewater System, 151 LEAD, 27 Municipal Waste Reduction, 148 Narcotics Control, 80, 106 Non Point Source Projects, 134 Operation Impact, 38, 80 Partnership for Youth, 45 Performance Grant, 44 Public Mass Transportation, 18 Ranger Donation Program, 165 Real Property Tax Technology Improvement, 123 Senate Initiative Purchase Equipment, 35 Shared Municipal Services, 138 Snowmobile Trails, 106 State Emergency Management, 164 Trees Seneca Harbor Park, 132 Triangle, 69 United Way, 45 Weyerhaeuser Children's Initiative, 45 H Housing Needs Assessment, 163 L Levy Lamoka/Waneta Lakes, 180 Local Development Corporation, 108 Local Law Commercial Urban Exemption, 86, 102 Infrastructure Exemption, 88, 140, 159 Infrastructure Exemption Amended, 143 Lease Period, 109, 121 Setting Salaries, 153, 169 Solar or Wind Energy System, 16 Solar/Wind Energy System, 36 M Medicaid Settlement, 25 Mortgage Tax Distribution, 70, 170 N Negative SEQR Ag District, 82 Nominations Chairman, 1 NYS Legislature Convey Lands, 16 Exemption Emergency Service Volunteers, 38 O Off Track Betting, 40 Opposition Boarding Kennels, 74 State Mandates, 139 Organizational Meeting, 172 P Policy Adoption/Change, 72, 73 Breast Screening Leave Time, 130 Drug & Alcohol Testing, 98 Drug Free Workplace, 99 Employee Recognition, 116 Independent Contractors/Volunteers, 29 ---PAGE BREAK--- SCHUYLER COUNTY LEGISLATURE 200 Insurance Buy Out, 152 Management/Confidential Salary Plan, 106 Medical /Dental, 152 Military Spouses, 151 Purchasing Policy, 118 Volunteer Travel, 30 Property Acquisition CR5 Bridge Replacement, 74 Property Conveyed Chicone Builders, 21 Public Hearing Budget, 140 Lamoka/Waneta Lakes Protection Rehabilitation, 155 R Ratification Special Meeting, 55, 67, 112, 143 Real Property Tax Deny Refund, 123 Recinded, 57 Refundable Credit Emergency Services Volunteers, 147 Reimbursement Rates Party/Chairperson Inspectors, 182 Resignation OFA Director, 22 Restore Funding BOCES Cosmetology, 157 Rules of Proceedure Amendment, 172 Conform, 2 Modification, 61, 72 S Salary Schedule, 2, 11 Sales Tax Exemption, 61 Schuyler Tobacco Asset, 11 Seneca Harbor Park Hours, 62 Parking, 76 Solid Waste Management Plan, 96 Solid Waste Management Plan, 115 Surplus/Junk Equipment Highway, 20 Various Depts, 61 T Tabled/Failed, 4, 52, 55, 104, 155, 156, 178, 185 Tax Auction, 117 Amendement, 144 Bids, 136 Tax Correction Real Property, 159 Tax Roll Correction, 37, 101 Taxes Town Contribution, 157 Training Planning Commissioners, 162 Travel Out of State District Attorney, 64 Emergency Management, 64 V Veterans Memorial Park, 64 W Water Bills Town of Hector, 179 Town of Reading, 179 Watkins Glen International Youth Employment, 46 Withdrawn, 123, 133 Y Year End Meeting, 172 ---PAGE BREAK--- COPIES OF THE SCHUYLER COUNTY TREASURER’S ANNUAL FINANCIAL REPORT, ALL ANNEXED ATTACHED DOCUMENTS REFERRED TO IN RESOLUTIONS, AND ALL OTHER DEPARTMENTAL ANNUAL REPORTS ARE AVAILABLE FOR REVIEW AT THE SCHUYLER COUNTY LEGISLATIVE OFFICE